WRITTEN QUESTION No. 2660/98 by Riccardo GAROSCI , Luigi FLORIO to the Council. The Lehrer murder - the absence of extradition between Sri Lanka and Italy prevents justice from being done
C 96/130 Official Journal of the European Communities EN 8. 4. 1999 Can the Commission therefore say: if it does not consider it necessary and appropriate to ascertain the 1. regularity of the procedure followed by the city council in assigning this contract; and whether it does not consider that there are sufficient reasons for suspecting that there has been an 2. infringement not only of Community legislation on free competition, but also of Directive 92/50/EEC (1) relating to the coordination of procedures for the award of public service contracts, which obliges contracting authorities to adhere to criteria of economic advantageousness, transparency and publicity? (1) OJ L 209, 24. 7. 1992, p. 1. Answer given by Mr Monti on behalf of the Commission (23 September 1998) The Commission will contact the Italian authorities in order to ascertain the necessary points of law and of fact so that it can check whether the contracting-out by the municipality of Catania of cleaning, caretaking and security services to the company Multiservizi S. p. A. was done in compliance with the Community public procurement rules. (1999/C 96/186) WRITTEN QUESTION E-2660/98 by Riccardo Garosci (PPE) and Luigi Florio (PPE) to the Council (1 September 1998) Subject: The Lehrer murder › the absence of extradition between Sri Lanka and Italy prevents justice from being done An Italian citizen, Erika Lehrer Grego, was killed in Italy on 21 March last by a Sinhalese (Sri Lankan) citizen. The murderer, Pereira Nishantha Sudath, immediately left Italy and returned to his country of origin after having, however, confessed to the murder. In the absence of bilateral extradition agreements with Sri Lanka, the Italian judicial authorities cannot request the extradition of the murderer, who is now happily living and working in Sri Lanka. This absence of diplomatic instruments creates a serious injustice and highlights once again the need for the interests of Community citizens to have joint diplomatic representation (as Parliament pointed out in its report A4-0193/97). Can the Council say what stage has been reached in the plan for joint diplomatic representation of the Member States of the Union and what chance there is of ensuring that bilateral agreements between one Member State and a third country are applicable to another Member State which does not have the same arrangements? Since the Member States of the European Union must guarantee the rights of more than 250 000 Sinhalese living in the Community (more than 30 000 in Italy alone), Sri Lanka must accept the elementary rules governing the coexistence of its citizens with those of Europe and ensure respect for justice in the countries where they live and work. Can the Council say what pressure it intends to exert to ensure that serious offences such as this murder are dealt with by the justice system? Reply (19 October 1998) Questions concerning bilateral extradition between a Member State and a third country are not within the Councilís remit. Extradition agreements can apply only between the States party to such agreements. It is for the Italian authorities, even in the absence of a bilateral agreement, to examine the various legal instruments which might enable an extradition request to be successful