WRITTEN QUESTION E-0518/04 by Elena Paciotti (PSE) to the Commission. Violation of the fundamental rights of an EU citizen by the USA.
Date: 2004-02-24
Institutions: European Parliament, Provisional data
Subjects: EU national, United States, human rights, restriction of liberty

8.4.2004

EN

Official Journal of the European Union

C 88 E/507

What actions does the Commission intend to take to bring pressure to bear on the Albanian government
to put an end to these grave incidents forthwith and on EU Member States to improve judicial and police
co-operation?

Answer given by Mr Patten on behalf of the Commission

(6 April 2004)

The Commission is aware of allegations that a clinic in Fieri (Albania) is involved in the trafficking of
children’s organs to the EU. The Commission has been in contact with the EU Police Assistance Mission in
Albania, and has closely followed the reaction of the Albanian authorities in respect of this issue. The EU
Police Mission has confirmed that Albanian and Italian police forces are investigating the case. The
Albanian authorities have so far expressed doubts about the existence of this clinic. They claim that, to
their knowledge,
the technology and specialisation necessary to extract and transport organs for
transplantation is not available in the country.

Besides the results of the investigations in this particular case, trafficking in human beings,
including
children, remains a problem in Albania. The Commission is permanently exerting pressure on the
Albanian authorities, most notably in the framework of the ongoing negotiations for a Stabilisation and
Association Agreement (SAA) with Albania, in order that further efforts be made to address this issue
properly. While reports indicate that progress has been achieved by Albania in reducing the flows of illegal
migration/trafficking in human beings through the Adriatic, more determined action remains necessary to
solve this problem.

Regional and international co-operation are essential to tackle trafficking successfully. There is ongoing co-
operation between Albania and the EU in this area of Justice and Home Affairs. However, the Commission
has been stressing on every appropriate occasion that collaboration should be further strengthened,
particularly between Albania and its neighbouring countries, with the objective of improving results in the
fight against these criminal activities. The Commission has also emphasised how important it is for
Albania to take the necessary steps to prepare for conclusion of an agreement with Europol, as this would
also be a useful contribution to strengthening cooperation in the fight against organised crime. In this
context, it is important to note that Europol’s mandate has been extended to include illicit trade in human
organs and tissues since 1 January 2002, and Europol is currently collecting information from Member
States concerning the situation within the European Union.

With regard to the situation within the European Union, a considerable number of measures to improve
cooperation between Member States’ police services and customs administrations, and to strengthen
external borders, have been adopted. Regarding, in particular, trafficking in human organs, in February
2003, Greece presented an initiative for the adoption by the Council of a Framework Decision concerning
the prevention and control of such trafficking. The aim of the proposal is to define which types of conduct
should be punishable in all Member States and the minimum penalties which should apply to such
offences. The Commission welcomed the proposal in principle. The Commission has sought to support the
Greek initiative by inviting applications for the funding of further projects in this area under its 2004
AGIS programme for police and judicial cooperation in criminal matters.

(2004/C 88 E/0519)

WRITTEN QUESTION E-0518/04

by Elena Paciotti (PSE) to the Commission

(24 February 2004)

Subject: Violation of the fundamental rights of an EU citizen by the USA

Marco Fornari, an Italian citizen, son of career diplomats and therefore born in Jeddah in Saudi Arabia
where his father was posted, has studied at Suffolk University in Boston and is currently enrolled at
Lubbock University in Texas. Following the attacks of 11 September, his name was placed on the blacklist

C 88 E/508

Official Journal of the European Union

EN

8.4.2004

their place of birth. After repeated questioning,

the Dallas
of persons under suspicion because of
authorities informed him that his case had been resolved. He went back to Italy for the Christmas holidays
and on his return to Dallas Airport he was detained, handcuffed, chained to other detainees, locked in a
cold cell without being allowed to contact anyone and placed on the first flight back to Europe the
following morning, bound for Stuttgart. A similar fate befell a Swedish businessman held in the same cell.
Marco Fornari, refused re-entry into the USA, has missed a semester of studies but has to continue to pay
the rent on his apartment, which still contains his books and personal belongings.

This is an absurd, humiliating and flagrant violation of the most basic rights of European citizens.

What does the Commission intend to do to protect the rights of our citizens infringed by the USA?

Answer given by Mr Patten on behalf of the Commission

(30 March 2004)

EU statements following the events of 11 September 2001, notably in the United Nations (UN)
Commission on Human Rights and the UN General Assembly Third Committee, have constantly
highlighted that the fight against terrorism must be conditioned on maintaining respect for human rights,
and not the other way around.

therefore,

The Commission,
the
detention of this Italian citizen in the United States to its attention. While the Commission does not have
any competence to intervene in this case, it is of course of fundamental importance that international
commitments to ensure legal safeguards are honoured by all countries.

thanks the Honourable Member for bringing the circumstances of

(2004/C 88 E/0520)

WRITTEN QUESTION E-0536/04

by John Bowis (PPE-DE) to the Commission

(24 February 2004)

Subject: Colombia

1. What steps is the Commission taking to help the Colombian Government ensure that its national
security policy is compatible with international human rights law and obligations?

2.
Is the Commission aware that the then United Nations High Commissioner for Human Rights, Mary
Robinson, expressed concern about the dismantling of the Human Rights Unit of the Colombian Attorney-
General’s office, and will the Commission discuss with the Colombian Government how they will ensure
the continued effective working of independent human rights investigations and, when appropriate, legal
proceedings?

Answer given by Mr Patten on behalf of the Commission

(22 March 2004)

The Commission,

1.
in its contacts with the Colombian Government, expressed its deep concern
regarding the still grave human rights and international humanitarian law situation in Colombia, and urged
the Government to urgently address this situation.

Furthermore, the Commission uses all the cooperation instruments at its disposal to help the Colombian
Government improve the situation in this respect. All the Commission’s priorities for the use of its
cooperation instruments, as described in its Country Strategy Paper for Colombia (1), ultimately aim at
improving the human rights and humanitarian situation.