C 222 E/130 Official Journal of the European Union EN 18.9.2003

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2003)

The Commission considers that programmes and plans are not covered by Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (1), whether before or after amendment by Directive 97/11/EC (2).

Should the plan be considered as substantially having the characteristics of a project, Council Directive 85/ 337/EEC would apply. However, on the basis of the information provided by the Honourable Member, it is not possible to conclude that the new Prusst programme envisaged by Rome City Council, aimed at restoring and transforming the areas along the Tiber, may be considered as a project.

In the light of the above, given the lack of specific grounds for the complaint on the application of the Council Directive 85/337/EEC to the specific cases, no breach of the Directive can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to the above-mentioned Directive, the Commission would also be able to investigate this matter.

Under Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (3), certain plans and programmes which are likely to have significant effects on the environment are made the subject of an environmental assessment. However, Member States are not yet obliged to apply the provisions of this Directive. The deadline for Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive is 21 July 2004.

(1) OJ L 175, 5.7.1985. (2) OJ L 73, 14.3.1997. (3) OJ L 197, 21.7.2001.

(2003/C 222 E/151) WRITTEN QUESTION E-3923/02 by Olivier Dupuis (NI) to the Council

(14 January 2003)

Subject: Death of the Chechen in a Russian gaol

On Sunday 15 December 2002 the Russian Ministry of Justice announced the death, at the age of 35, of Salman Raduyev the first of the Chechen commanders to be arrested, tried and sentenced to life imprisonment for the hostage-taking in Kisljar in 2001 on 14 December 2002 in the infirmary of the ‘’ in the city of Solikamsk, Siberia (Perm region). It took him several days to die following an internal haemorrhage caused, according to Russian sources, by old war wounds which had ‘never completely healed’.

On Monday, 16 December, an article in the Russian newspaper Kommersant, reproduced in the Süddeutsche Zeitung, reported statements made anonymously by prison staff, according to which Raduyev was said, by his cell-mate, to have been beaten to death after having opposed a surprise search of his cell by his guards. Salman Raduyev was one of the witnesses whose testimony was used to back the Russian Justice Ministry’s request to and Great Britain for the arrest and extradition of Akhmed Zakaiev. Raduyev allegedly claimed that Zakaiev had taken part personally in kidnappings and terrorist acts. In the same article the Kommersant suggested an interpretation of events according to which Raduyev might have been forced to testify against Zakaiev and then been eliminated.

Is the Council aware of these allegations and if so, how did it react? What official steps does it intend to take to ensure that light is thrown on the real circumstances of Mr Raduyev’s death? More generally, how does the Council rate ’s ability to fulfil the duties of a constitutional state? 18.9.2003 EN Official Journal of the European Union C 222 E/131

Reply

(8 May 2003)

The Council is aware of the allegations concerning the death of Mr Raduyev in a Russian prison in December 2002. It considers that the allegations should be brought before the competent authorities in Russia. The Council will follow this case closely.

The Council will continue to take advantage of the numerous political dialogue meetings with Russia at all levels to underline that democracy and respect of human rights are key elements of the strategic partnership between the EU and Russia. The Council will also continue to underline that progress in the reform process in Russia, including strengthening of the rule of law, is essential for the further development of relations. The Council stands ready to support the Russian authorities in this context.

(2003/C 222 E/152) WRITTEN QUESTION E-0006/03 by Olivier Dupuis (NI) to the Council

(16 January 2003)

Subject: Decision of the judicial authorities in the Russian Federation to regard Colonel Budanov as temporarily insane

On 16 December 2002, after the fourth psychiatric report in the trial of the Russian Army Colonel Yuri Budanov for strangling the Chechen adolescent Elza Kungayeva in March 2002, the Colonel was judged to be ‘not criminally responsible’ and ‘temporarily insane’.

Given the Russian authorities’ declared intention to present the Budanov trial as the start of a judicial response to the accumulation of human rights violations, war crimes and crimes against humanity perpetrated over a period of years in , what is the Council’s opinion of this verdict? Does the Council not take the view that with this verdict the Russian authorities have given members of the military and paramilitary forces a signal of absolute impunity when it comes to crimes committed in connection with operations in Chechnya? What initiatives do the Council and Member States intend to take on this matter in the relevant international (Council of Europe, UN Commission on Human Rights, OSCE, etc.) and bilateral bodies?

Reply

(8 May 2003)

The Council has naturally followed the controversy surrounding the verdict of insanity passed on Colonel Budanov over an incident at a time when he held a responsible position in charge of a military division. As a general principle, however, the Council does not express any opinion concerning legal verdicts.

(2003/C 222 E/153) WRITTEN QUESTION E-0007/03 by Joan Colom i Naval (PSE) to the Council

(16 January 2003)

Subject: Assistance for the victims of the ‘Prestige’ oil tanker disaster

The sinking of the ‘Prestige’ oil tanker last November, and the resultant oil spill, has been, without a doubt, the greatest ecological disaster in modern Spanish history and has claimed thousands of victims. Indeed the Copenhagen European Council expressed its regret and grave concern regarding the serious accident of the