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Written Question with Urgency to the European Council
on the arrest of Mr. Rodríguez Fernández with cooperation of EUROJUST
submitted by MEP Ilka Schröder on February 13, 2002

On January 16, 2002, Juan Ramón Rodríguez Fernández was arrested in Amsterdam under charges of supporting the ETA-cell Gorbea by providing information of the alleged neonazi Pedro Varela to someone else who supposedly is in contact with ETA; under the charges this amounts to "information on targets" (Jungle World No. 7, 11. Feb 2002). However, the information are publicly accessible to everyone through the Barcelona telephone book.

According to press reports the arrest has been "a first result of the new system EUROJUST, the judicial cooperation of the European Union" (La Vanguardia) and has occured very rapidly in the framework of EUROJUST after a request by the Spanish State Attorney's Office to the Dutch authorities (NRC Handelsblad 20. Jan 2002). Following information from the NGO Statewatch the whole case has been organised by pre-EUROJUST.

  1. Has the Council any knowledge on the circumstances of the arrest and on what legal grounds? If so, what is the judicial basis? If not so, which institution of the EU or of one of the member states is responsible for information to MEP and the public?
  2. In what ways was pre-EUROJUST or EUROJUST involved in the arrest and on which legal grounds did this happen?
  3. In the view of the Council, does the evidence presented (transfer of information on a publicly accessible address) fall under the definition of terrorism under the Council Framework Decision on Terrorism (14845/1/01 - C50680/2002 - 2002/0217CNS)?

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