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3.7.

2003 EN Official Journal of the European Union C 155 E/29

The fight against terrorism is a priority for the European Union. Terrorism is not only a threat to the
security of States but also one of the most serious threats to the exercise of human rights, the right to life
and human dignity. However, the fight against terrorism must respect human rights and the rule of law, as
the Laeken, Barcelona and Seville European Councils have underlined. This position has been made known
to the United States in both official and informal contacts over the last year.

The EU maintains a dialogue on the theme of human rights with the United States. The EU will continue
to use such meetings to make known its position of the need to respect human rights in all situations,
including in the fight against terrorism. There can be no exceptions under any circumstances to the right
to life, freedom of thought, conscience and religion, freedom from torture or cruel and degrading
treatment, irrespective of nationality, race or religion.

(2003/C 155 E/031) WRITTEN QUESTION E-2531/02


by Paulo Casaca (PSE) to the Council

(11 September 2002)

Subject: Giving in to terrorism

The Council decided to include a series of Iranian opposition groups in the list of terrorist organisations in
Decision 2002/334/EC (1) of 2 May, among them the ‘Mujahedin-e-Khalq’.

During the negotiations between the US Administration and the Iranian regime, known as the Iran-Contra
case, the US Congressional Investigative Committee already recognised that one of the bargaining counters
secured by the regime in the agreement was the outlawing of this opposition group.

More recently, in 1998, it was publicly acknowledged in the press that the British authorities accepted the
same condition in return for the Iranian regime’s promise to suspend the terrorist campaign against the
British citizen Salman Rushdie. This decision was condemned by a majority of British MPs.

In these circumstances, can the Council say what proof it has that the inclusion of the ‘Mujahedin-e-Khalq’
on the list of terrorist organisations was not a result of the Council’s giving in to terrorist blackmail by the
Iranian regime?

Is it not true that the Iranian regime was legally recognised as guilty of terrorist crimes in various Member
States and that there are no suspicions of any terrorist act having been committed on European soil by the
‘Mujahedin-e-Khalq’?

Does the Council not consider that sentencing women to be stoned to death and children to be flogged for
acts considered unlawful by the religious police  publicly admitted in the press by Iranian officials and
reported by Amnesty International  is an act of base terrorism?

(1) OJ L 116, 3.5.2002, p. 33.

Reply

(4 March 2003)

The decision taken by the Council on 2 May 2002 to include the ‘Mujahedin-e-Khalq’ in the EU list of
persons and groups involved in terrorist acts was based on a detailed and in-depth examination of
available information fully respecting the criteria laid down in Article 1(4) of Common Position 2001/931/
CFSP of 27 December 2001 and other relevant commitments.
C 155 E/30 Official Journal of the European Union EN 3.7.2003

The Council would like to remind the Honorable MEP that Common Position 2001/931/CFSP, which was
adopted to implement UN Security Council resolution 1373(2001) laying out wide-ranging strategies to
combat terrorism, applies to persons and groups involved in terrorist acts regardless of the place where
those acts have been committed.

In the field of human rights referred to by the Honorable MEP, the Council has recently reiterated in a
declaration on the death penalty and particularly cruel forms of execution its opposition to the death
penalty in general and to execution by stoning in particular.

As regards counter-terrorism, the EU expects Iran to implement fully UNSCR 1373 and to ratify and
implement all relevant UN Conventions. Moreover, the negotiations due to start shortly on a trade and
cooperation agreement with Iran will be accompanied by parallel negotiations on provisions for
cooperation on counter-terrorism. The trade and cooperation agreement and the counter-terrorism
provisions will form an indissociable whole as regards entry into force, application and denunciation.

(2003/C 155 E/032) WRITTEN QUESTION P-2538/02


by Erik Meijer (GUE/NGL) to the Council

(5 September 2002)

Subject: United effort by EU Member States to support the International Criminal Court by ending the
exemption granted by Romania

Does the Council intend temporarily to suspend the current negotiations with Romania as an applicant
country for accession to the European Union until the latter revokes the agreement recently concluded
with the United States to exempt American citizens from extradition to the International Criminal Court
(ICC) in The Hague, with a view to clearly demonstrating to the whole world and in particular to other
applicant countries that there can be no doubt as to the united will of the European Union to enable the
ICC to fulfil its function fully, unimpeded and without privileges being enjoyed by any state?

Reply

(3 March 2003)

The Council is aware that on 1 August 2002 Romania signed an agreement with the United States on this
matter, ratification of which is pending. While stressing that Romania has the right as a sovereign State to
sign any such agreement, the Council draws attention to its Common Position on the International
Criminal Court of 11 June 2001, as amended on 20 June 2002, on which Romania has aligned itself. The
Council also invites the Honourable Parliamentarian to refer to the conclusions it agreed upon on this
matter on 30 September 2002. The Council expects Romania to comply with the obligations it assumed
when it endorsed the Statute of the International Criminal Court and to take account of the EU position
with regard to ratification.

(2003/C 155 E/033) WRITTEN QUESTION P-2541/02


by Rosa Miguélez Ramos (PSE) to the Commission

(6 September 2002)

Subject: Irregularities involved in the future construction of a regasification plant in the Ria de Ferrol
(Spain)

Is the Commission aware that, despite the accidents in Toulouse and Enschede the firm Reganosa  with
the approval of the municipal authorities responsible for the policy of allocating and using land,