Ref. Ares(2019)7512838 - 06/12/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS
The Director-General
Brussels,
HOME/AP
By registered letter with
acknowledgment of receipt
HALL Wesley
20 Castle Street, Nelson,
Lancashire, BB9 0TP, England
United Kingdom
Advance
copy
by
email:
ask+request-7408-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2019/6080
Dear Sir,
We refer to your e-mail dated 24/10/2019 in which you make a request for access to
documents, registered on 25/10/2019 under the above mentioned reference number.
Your request concerns the following documents and issues:
1.
All the discussions, documents and meetings where there has been
discussions inside the parliament about institutionalised child abuse cases
from 2009 to 2019. These must include religious organisations; occult groups
and/or those where children are abused in a ritualistic / religious situation.
2.
Documents and conclusions regarding any investigation that the Parliament
opened about child abuse; forced adoption; the production of indecent images
of children and sales/trafficking of children.
3.
Update on 2006 question from MEP Kilroy-Silk regarding Commission plans
to:
- coordinate action amongst member states to eradicate institutionalised
child sexual abuse in a ritualistic / religious situation.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
- to discover the extent of children being abused in ritualistic / religious
situations now that there’s clear evidence that this is happening in Europe.
4.
European Parliament’s current position on this matter of into institutionalised
child sexual abuse in a ritualistic / religious situation
5.
UK research used in the document titled ‘European Day of Disabled People
1999 “Violence and Disabled People – Root Causes and Prevention”
6.
any research that the Employment, Social Affairs and Inclusion / European
Commission has done since 1999 on investigating the extent of the child
abuse of disabled children along with safeguarding policies and proposed
coordinate action against member states made.
With regard to
points 1 and 2, we regret to inform you that the Commission does not
hold any documents that would correspond to the description given in your application.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
With regard to
point 3, we understand that this point is no formal request for access to
documents under Regulation 1049/2001 and inform you that the European Commission
has no plans to investigate institutionalised child sexual abuse in a ritualistic or religious
situation as an issue separate from child sexual abuse in general.
The European Commission fights against the sexual abuse of children with all its
available tools: enacting and monitoring the implementation of legislation, providing
funding, and facilitating the coordination of public and private efforts in combatting these
crimes.
In particular, with regard to legislation, the European Commission is currently
monitoring the implementation into national law of Directive 2011/93 on combatting the
sexual abuse and sexual exploitation of children and child pornography. This Directive
provides a comprehensive legislative framework that covers definition of offences,
investigation and prosecution of crimes, prevention, and assistance to victims. Although
there is no specific mention of institutionalised ritualistic or religious situation, such
situations are covered by the provisions criminalising the abuse of a recognised position
of trust, authority or influence over the child. The Directive recognises such offences as
an aggravating circumstance. The Directive also criminalises the phenomenon of
grooming.
EU Member States have certain flexibility to implement the provisions of the Directive,
as long as the objectives of each of its provisions are achieved. The Commission is
monitoring the implementation of the Directive, and will make use its enforcement
powers under the treaties to ensure that Directive 2011/93 is implemented fully and
correctly.
2
With regard to
point 4, the Commission is not in the position to reply on behalf of the
European Parliament.
With regard to
point 5, the Commission does not hold copies of the UK research
mentioned in the ‘European Day of Disabled People 1999 “Violence and Disabled
People – Root Causes and Prevention” conference report, as the research was not
conducted by the Commission. I would like to refer you to the “
further reading section”
in the report you mentioned in your point 5.
With regard to
point 6, we identified the following documents:
- Agenda of the expert workshop on the implementation of the child sexual abuse
directive 2011/93/EU with regard to children with disabilities, 30 January 2018,
Ares(2018)4275520.
- Conclusions paper expert workshop Implementation of the child sexual abuse directive
2011/93/EU with regard to children with disabilities, Ares(2019)7249385.
We enclose copies of the documents requested.
The documents were drawn up for internal use under the responsibility of the relevant
services of the Directorate-General for Migration and HOME Affairs. It solely reflects
the services’ interpretation of the interventions made and does not set out any official
position of the third parties to which the document refers, which was not consulted on its
content. It therefore does not reflect the position of the Commission and cannot be quoted
as such.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position. Such a
confirmatory application should be addressed within 15 working days upon receipt of this
letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
e-signed
Paraskevi MICHOU
Enclosures:
2
3
Electronically signed on 03/12/2019 17:47 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563