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21. March. 2012
Gál Kinga, Fidesz, Hungary
Press Release:
10 November 2011
Nessa Childers (S&D)
Question:
Subject: VP/HR — Michael Dwyer's killing in Bolivia
Michael Dwyer was killed by Bolivian state police in April 2009. Two-and-a-half years later, Michael’s family are very concerned about the slow pace at which the circumstances surrounding his killing are being investigated by the Bolivian authorities.
In December 2010, his family commissioned an expert forensic technical report into Michael’s killing. The findings and conclusions of Keith Borer Forensic Consultants UK, in addition to the findings and conclusions of Irish State Pathologist Dr Marie Cassidy, show without any doubt whatsoever that Michael was unarmed and that he executed by the UTARC elite police unit.
In the event of unsatisfactory results in the coming months, would the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy consider it appropriate to make representations to Bolivia at EU level?
Will the Vice-President/High Representative use her influence to ensure that there is an independent, international investigation into Michael Dwyer’s killing?
Answer:
22 April 2010
WRITTEN QUESTION by Alan Kelly (S&D) to the Commission
Subject: Investigating deaths of EU citizens in third countries
Could the Commission indicate its position on the matter of the death of EU citizens abroad at the hands of state officials from third countries?
Are the families of those who died entitled to a full and transparent investigation into such a death and would the Commission use its influence with a third country to see that such an investigation could be held?
What assistance would it consider giving to a family that found itself in such circumstances, whereby state officials from a non-EU country are responsible for the death of an EU citizen?
One example of such circumstances involves the death of Mr Michael Dwyer, an Irish citizen in Bolivia. He was killed by an elite squad of the Bolivian police and many questions remain unanswered surrounding his death.
While I am aware that the Commission cannot address the specifics of this case, does the Commission feel, as a general principal, that EU citizens are entitled to full and transparent investigations into the death of loved ones in such circumstances?
While appreciating the limited role the Commission plays in external EU affairs, is there any action the Commission may consider taking that may be of assistance to the Dwyer family in seeking answers surrounding the death of Michael in April of last year in Bolivia? For example, would it ask the Bolivian government to allow an independent fact-finding mission to investigate the death of Mr Dwyer, an EU citizen?
Answer
21. March. 2012
Gál Kinga, Fidesz, Hungary
Press Release:
On the DROI meeting of 25 January 2010 I tabled a
question to the Commission on the case of Mr Előd Toásó (a Hungarian-Romanian
citizen) arrested on 16 April 2009 in Bolivia. Ever since then he has been kept
in custody ignoring the 18-months capped pre-trial detention rules. His right to
the presumption of innocence, furthermore the independent and fair court trial
rules of international law were violated by the authorities.
A new sequel in Mr Toásó's case is that on 21 December
2011 the Working Group on Arbitrary Detention of the United Nations issued an
opinion on this case (63/2011) stating that Bolivia is in breach of Universal
Declaration of Human Rights on several points. The report reaffirms that Mr
Toásó was arrested without any warrant and he has been kept in jail illegally.
Therefore, this UN study group of independent experts calls upon the Bolivian
government to immediately release Mr Toásó.
I would like to know whether the EEAS is aware of this UN
opinion on the case and what are the steps that it intends to take in relation
with this matter.
Answer: not aviable yet
Video about the session:
10 November 2011
Nessa Childers (S&D)
Question:
Subject: VP/HR — Michael Dwyer's killing in Bolivia
Michael Dwyer was killed by Bolivian state police in April 2009. Two-and-a-half years later, Michael’s family are very concerned about the slow pace at which the circumstances surrounding his killing are being investigated by the Bolivian authorities.
In December 2010, his family commissioned an expert forensic technical report into Michael’s killing. The findings and conclusions of Keith Borer Forensic Consultants UK, in addition to the findings and conclusions of Irish State Pathologist Dr Marie Cassidy, show without any doubt whatsoever that Michael was unarmed and that he executed by the UTARC elite police unit.
In the event of unsatisfactory results in the coming months, would the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy consider it appropriate to make representations to Bolivia at EU level?
Will the Vice-President/High Representative use her influence to ensure that there is an independent, international investigation into Michael Dwyer’s killing?
Answer:
| 20 January 2012 |
| |
| Answer given by High Representative/Vice-President Ashton on behalf of the Commission | ||
| The High Representative/Vice-President (HR/VP) takes note of the
results of the forensic reports which conclude that Mr Dwyer was unarmed
at the time of his regrettable and untimely death. While recognising
the competence of the Bolivian judicial system to deal with this case
(in particular in view of the allegations of terrorism), the HR/VP also
considers important to stress both the concern for the respect of due
process and human rights and in that regard the EU has regularly
reminded the Bolivian authorities of the importance of an independent,
diligent and efficient judicial system. The Irish government has made a request for an independent international investigation to be held into the events of 16 April 2009 which lead to the death of Mr Michael Dwyer. It has also asked recently for an update into the ongoing Bolivian investigation. It also intends to pursue the matter at EU level. The European External Action Service, and in particular the EU Delegation in Bolivia, is following the case with particular attention and is ready to provide logistical support to the Irish government, if requested and under the limits of its mandate. | ||
WRITTEN QUESTION by Alan Kelly (S&D) to the Commission
Subject: Investigating deaths of EU citizens in third countries
Could the Commission indicate its position on the matter of the death of EU citizens abroad at the hands of state officials from third countries?
Are the families of those who died entitled to a full and transparent investigation into such a death and would the Commission use its influence with a third country to see that such an investigation could be held?
What assistance would it consider giving to a family that found itself in such circumstances, whereby state officials from a non-EU country are responsible for the death of an EU citizen?
One example of such circumstances involves the death of Mr Michael Dwyer, an Irish citizen in Bolivia. He was killed by an elite squad of the Bolivian police and many questions remain unanswered surrounding his death.
While I am aware that the Commission cannot address the specifics of this case, does the Commission feel, as a general principal, that EU citizens are entitled to full and transparent investigations into the death of loved ones in such circumstances?
While appreciating the limited role the Commission plays in external EU affairs, is there any action the Commission may consider taking that may be of assistance to the Dwyer family in seeking answers surrounding the death of Michael in April of last year in Bolivia? For example, would it ask the Bolivian government to allow an independent fact-finding mission to investigate the death of Mr Dwyer, an EU citizen?
Answer
| 30 June 2010 |
| |
| Answer given by High Representative/Vice President Ashton on behalf of the Commission | ||
| The Commission is concerned about the deaths of EU citizens abroad
carried out by State officials from third countries and considers that
the families of those who died are entitled to a full and transparent
investigation. The commitment of the EU foreign policy to human rights
also involves the protection of EU citizens abroad. However, the Commission has no consular competence. Consular assistance to EU citizens is directly provided by Member States. In other words, the Member State whose national dies abroad is expected to provide consular protection. In case this Member State is not represented in the third country, the EU citizen is ‘entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State’, according to Article 23 of the Treaty on the Functioning of the European Union and Article 46 of the Charter of Fundamental Rights of the European Union. In principle, the investigation into the death of EU citizens abroad is to be done by the authorities of the State where the death occurred. In case this investigation is not carried out according to the principles of transparency and due process, it is up to the Member State whose national died, to undertake the necessary diplomatic steps towards the State in whose territory the death occurred, including legal proceedings once the national judiciary proceedings are exhausted. If the case justifies it, the Commission may decide to use its influence with a third country so that an independent and transparent investigation takes place. More precisely, the EU delegation in the third country where the death occurred may carry out an EU demarche to the government of the third country, if agreed at local level among EU Member States and the Commission, upon the request of the Member State whose national died. Concerning Michael Dwyer and other two EU citizens from Hungary and Romania who died in Bolivia in April 2009, the Commission is following the case with particular attention. The Commission expects that the facts will be established according to the principles of due process and it hopes that the doubts will be clarified. On 21 April 2009, the Commission attended a meeting for the diplomatic corps organised in La Paz by the Bolivian government. The Vice President Garcia Linera, the then Presidency Minister Quintana and the then Interior Minister Rada gave a detailed account of the ‘terrorist incidents’ in Santa Cruz on 16 April 2009, including the personal histories of each of the suspects and the weapons found. According to the government the aim of the group was to take up arms to split the country and to destabilise democracy. The opposition has denied the government’s allegations and considers that these were extra-judiciary executions. The Commission intends to follow the developments of this case and continues committed to supporting the Member States involved. | ||
