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EPP v.President Pons to EF on GermLine Manipulation Ban Resolution + MEPs' Debate

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Τρίτη, 12 Φεβρουάριος 2019
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*Strasbourg/European Parliament/Angelo Marcopolo/- On the Most Important Issue that US President Don Trump and China's President Xi have to find a solution now, well beyond Global Trade, in fact that of Heritable GermLine Manipulations, which risk to seriously affect not only nowadays' World, but even all Humanity's future, (as the notorious incident of a Chinese Doctor pushed by former US President Barack Hussein Obama's lobby to Manipulate Genetically 2 Babies in a Permanent way for Generations, revealed recently : See http://www.eurofora.net/newsflashes/news/heritablegenemaniptrumpxihumanity.html, etc), Europe must take a firm stance "Against" it, clearly stressed to "Eurofora" the vice-President of EU Parliament's Biggest Political Group, that of ChrisianDemocrats/EPP, Dr. Esteban Gonzalez Pons.


+ Pons' move this Morning, was followed, Later Today Evening, also by a MEPs' Debate with EU Commission and Council representatives on this same Topical Issue, (See Infra).


- "We (EPP) are against that", unequivocally reacted to a relevant "Eurofora"s Question, right from the Start, vice-President Pons, (who was Replacing, in this Plenary Session's Press Conference the EPP Group President himself, Manfred Weber, the Top "Spitzen" Candidate at the forthcoming EU Elections of May 2019, speaking on his behalf).

 

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=> That's why "we are, currently, pushing a Resolution" in EU Parliament on that matter, he revealed, speaking with "Eurofora" later-on.


- "We Hope to have it Voted", if possible, "Before the Elections" of May 2019, v.President Pons added.


This practically means on March, (during which EU Parliament exceptionally holds 2 full Plenary Sessions in Strasbourg), since on April, the Parliament enters in recess for the Elections, resuming its work from July 2019, (with another 2 Plenaries in Strasbourg), according to its tradition, once in 5 Years.


>>> - The Resolution says that the EU must be Against such Heritable GermLine Modifications, underlined v. President Pons in conclusion of his Reply to the above-mentioned "Eurofora"s Question, - where we had also Reminded the Fact that a Prohibition exists already in the much Wider scope of CoE's Convention on Human Rights and Bio-Medicine, known as "Oviedo" Treaty (by the name of the Spanish Village where it was originaly signed on 1998), but not yet Ratified by all CoE's Member States, since some find it too restrictive, while others consider it insufficient, on Various other concrete BioEthical issues.


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+ Indeed, "EU Commission is Urged to support a Global Ban" on that Dangerous and "UnEthical" activity, which has "Serious Risks of Side-Effects" and provokes "Alterations in all Future Generations", stressed at an EU Parliament's Plenary Debate, Later this Evening, MEP Miroslav Mikolasik, Chairman of EPP's Working Group on BioEthics.


He was speaking on an "Oral Question" to EU Commission and Council, tabled about "Human GermLine Genome Modification", and Debated Tonight by a Dozen of MEPs with EU Commissioner Vera Jourova, and EU Council's representative, George Ciamba, vice-Minister for EU Affairs at the current Romanian EU Presidency.


- "This Concerns All of us", and "the whole Humankind", denounced Mikolasik, "is Against Human Dignity, Integrity and Equality", so that such a matter "canNot be left only to a Scientific Community", "Neither be Limited to a mere list of conditions, etc., as he Warned, but "it Calls for a Strong Internantional Response".


- EU Commission is "indeed Aware" of that "Highly Sensitive" Problem, replied European Commissioner Vera Jourova, from the Czech Republic, who cited also CoE's "Oviedo" Convention, prohibiting such practices, (Comp. Supra).


- However, GermLine Editing for In Vitro Fertilisation remains Member States' legal competence, she found, and the European Commission is currently "Exploring" how to address the above-mentioned Issue, went on to add Jourova, (who is competent for Courts, Consumers and Gender Equality, as well as a reknown Specialist on EU Funds for Regional Development, etc, but Not so much for Human Rights and/or Bio-Ethics)...


- "The 1st Article in EU's Charter of Fundamental Rights focuses on Human Dignity", and, therefore, GermLine Modifications are illegal in the EU, pointed out EU Council's representative, Romanian EU Council Presidency's representative, vice-Minister Ciambia, promissing that the Council will be "Ready to give Priority" to any eventual such Draft Legislation.


- "It's UnAcceptable !", denounced also the Experienced German ChrisianDemocrat MEP, Dr. Peter Liese, speaking on behalf of the EPP Group, by launching an appeal to "Work all Together" in order to exclude such risks.


 - "Not Safe" and even "Dangerous" chacterised the GermLine Modifications, inter alia, MEP Guillaume Balas, on behalf of the SocialDemocrats, (advising, however, to "Caution" for the verification of the concrete facts in the above-mentioned incident).


- Given the serious "Risks" and "Genetic Mutations of all Future Generations", such technics deserve to be "Banned by International Legislation", stressed MEP Stanislav Polcak, asking the EU Commission what it plans for an efficient International response.


- One of the Few to look mitigated appeared Socialist Spanish MEP Soledad Cabezon Ruiz, for whom, however, the otherwise "opportunities by Genetic Technologies in general, "shouldn't prevent" a right response on that specific point.


- "Not Right", "UnEthical", and "UnAcceptable", such practices must face "a Global Ban", clearly stressed, on the contrary, ChristianDemocrat/EPP MEP Maijana Petir.


- Indeed, "EU has to Make it Clear that there is a <<Red Line>> not to be passed", urged, in this regard, Italian MEP Luigi Morgano.


+ Meanwhile, new US President Don Trump has just Declared, in a recent Speech to the traditional BiPartisan, American "National Prayer Breakfast" annual event, that "All Children, Born and UnBorn, are made at the Image of God", linked to "the Miracle of Life and to the Majesty of Creation", as he said for the Human Embryo, widely Applauded by Thousands of People.


But such a Crucial Matter naturally concerns all Humans, Believers or no believers, including those who care against "Racist" Ideas, and now Risk to face soon, Real, Artificial "Races"...

 

(../..)


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French Minister Gourault to EF on Cohesion, Digital, Quality of life in Aachen Treaty + EU Election

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Δευτέρα, 11 Φεβρουάριος 2019
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*Strasbourg/ENA/Angelo Marcopolo/- French Territorial Cohesion Minister, Jacqueline Gourault, Replying to an "Eurofora" Question at a Press-Point after her Lecture in the prestigious "ENA" Top Senior Officers' Higher Education Institution of the National State, Headquartered in Strasbourg, including its International/European Sections, stressed the potential Importance of both Franco-German and Europe-wide Programs for the Development of Rural and other Areas, including by the Spread and Use of Modern Digital Technologies, starting by the forthcoming, May 2019, EU Electoral Issues at stake :

                                                   

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- "Eurofora" had pointed to the Fact that the competent French Minister had just attributed a particular Importance to Digital Networks, while speaking about Territorial Cohesion to a numerous Audience in ENA's fully-packed main Auditorium "Michel Debré", corresponding to EU's current "Big Issue" about Digitalisation Policies, but also to the recent Franco-German Cooperation/Integration "Aachen Treaty", signed by President Macron and Chancellor Merkel, added to "Quality of Life" in France's large and Beautiful Natural Landscapes, the Widest in Europe, (here, near to Germany's landmark "Black Forest" Green Mountainous areas).

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- Minister Gourault had, indeed, mentioned, inter alia, also that a recent "Fusion" between Various pre-existing Public Services, inside a New "Agency for Territorial Cohesion", included from Craftmanship, and Local Authorities, etc, up to Digital Networks, expressing the Wish that, f.ex., the "G4" Network would have Spread all over the entire National Territory, "until 2020".

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- "Certainly", Jacqueline Gourault replied to the above-mentioned "Eurofora"s Question, firmly.


 - "As you noted yourself, in the Aachen Treaty there are relevant Cooperation Projects between the two Countries".


+ "And, this goes, also, even inside the European Union in general".


=> "Thus, it's a valuable Asset, those Sharing Technologies, which are absolutely indispensable, in order to ameliorate, also, the Quality of Life for all Europeans".


>>> "So, I guess that this will be one of the Issues in the forthcoming European (Electoral) Campaign, which will be Soon anounced", the French Miister highlighted in conclusion, at the foreseable Future.       

                 
    Already, French President Emmanuel Macron, had personaly concluded and signed certain Key Agreeents with Strasbourg's Region Alsace, precisely for the Digitalisation of surrounding Rural Areas, at the Countryside, as early as since he was Economy Minister, back on 2016, (See "Eurofora"'s NewsReport from that event at : http://www.eurofora.net/newsflashes/news/strasbourgregionpresidentrichertandfrencheconomyministermacrononhighspeedinternet.html , etc). Macron had evoked, on that occasion, the idea that Broadband in Natural Countryside, helps also develop Human Productivity.


    + Significantly, the French Minister's visit to Strasbourg, (which continued, during the Afternoon, also at the National Institute for Territorial Studies: INET), arrives in the Same Week that EU Pariament's plenary session here (11-14 February 2019) is due to examine, inter aiia, a relevant, important Report on the "2021-2027 European Funds for Regional Development and Cohesion, co-authored by MEPs Constanze Krehl and Andrey Novakov, a Socialdemorat and a ChristanDemocrat, from Germany and Bulgaria, respectively, which has been prepared in the Committee on Regional Development, Chaired by Liberal MEP Iskra Michaylova.

 

 

(../..)

 

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France/Grand Debat/Gilets Jaunes: Droit Citoyen à Dialogue avant Decisions = Solution Démocratique ?

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Τετάρτη, 06 Φεβρουάριος 2019
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*Strasbourg/NewsViewpoint (+m.à.j.)/Angelo Marcopolo/- Au coeur d'une Solution de compromis possible au conflit socio-politique dit des "Gilets Jaunes" en France, (qu'on essaie de résoudre, entre autre, aussi par un "Grand Débat" actuellement en cours), pourait être la reconnaissance d'un nouveau Droit Citoyen au Dialogue avec les Autorités Publiques avant les Décisions qui affectent les persones interessées et/ou la Société dans son ensemble.  

"Eurofora" avance, analyse et soutient une telle réforme démocratique moderne, dépuis longtemps, pour l'ensemble de l'Europe. Et une serie d' appuis juridiques concrets existent déjà, aussi bien en France qu' au plan de l'UE, etc. Des recherches originales en droit public, dépuis près de 40 années, en France et ailleurs en Europe ou dans le Monde, qui arrivent bientôt à un point culminant, semblent le prouver clairement.

In s'agirait d'un vrai "Droit", guarantissant une Procedure d' information et écoute des Citoyens, doublée d'une obligation de répondre à leurs observations critiques, avant la décision finale, sous le contrôle de juges indépendants, pour le caractère suffisant, vrai et correct (p.ex. cohérent, légal, proportionel, etc) des réponses données par l' Administration Publique de l'Etat aux arguments eventuellement presentés par le Peuple.

Ainsi, (avec attention pour qu'on ne paralyse pas indument l'action efficace de gouvernements democratiquement élus avec d'eventuels abus excessivement proceduralistes, surtout dans certains domains-clé : p.ex. Sécurité/Terrorisme, Investisments Cruciaux pour le développement économique et/ou Scientifique, etc), la voie d'un Dialogue transparent Démocratique, avec utilisation aussi des Technologies Modernes de Communication, grâce au Numerique, etc, pourrait s' ouvrir à l' horizon.

Le RIC (soutenu par plusieurs "Gilets Jaunes", et d'autres), peut-être un beau "rêve" pour l' avenir, mais force est de constater qu'en réalité, même 1,5 Siècle après la Commune de Paris, la Société actuelle ne paraît pas prête à l' adopter, (au moins pas dans sa forme "complète" avec 3 volets, comme voulu par des GJ). Et ce fait ne devrait pas bloquer toute solution au conflit actuel. En revanche, une telle idée pourrait être portée par des mouvements socio-politiques d'idées, voire des Partis nouveaux, s'ils les souhaitent, et ainsi soumise aux débats d'idées démocratiques, voire même aux Votes du Peuple, ici et ailleurs, pour un avenir, qui, peut-être, ne serait pas trop lointain.

 + Entre temps, vu aussi que plusieurs "gilets jaunes" auraient déjà rejeté des débats sans vote, ni suite, certaines propositions, de lege ferenda, visent la possibilité d'un Vote, qui, en cas de réussite des contestataires, ne permetrait aux Autorités Publiques de l'ignorer et passer outre, avec des mésures (manifestement) non necessaires et/ou disproportionnées, par rapport à des intérêts légitimes importants, que pouraient évoquer les citoyens concernés. (Dans ce cas, on ne saurait craindre un soi-disant "Gouvernement des Juges", car il y aurait aussi un verdict Populaire, et des enjeux incontestablement sérieux). C'est une idée supplementaire, à examiner, creuser, peaufiner/ajuster et débattre...

 

(../..)

 

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PACE President Maury-Pasquier to EF: Boost Geneva/UN - Strasbourg/CoE links, mainly on Human Rights+

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Παρασκευή, 25 Ιανουάριος 2019
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*Strasbourg/CoE/Angelo Marcopolo/- One of the Best Links between Geneva and Strasbourg, Global and European Human Rights matters : Dick Marty, Swiss Attorney, elected Politician, and former Long-Time CoE Assembly's (PACE) Rapporteur on "Hot" Issues, President of its Legal affairs Committee, and currently vice-President of the World Organisation against Torture (WOAT), invited here this week to discuss his new Book on "a certain Idea of Justice", in a special Side Event of PACE's Winter 2019 Plenary Session, gave an opportunity for "Eurofora" to question the New President of the PACE, Liliane Maury-Pasquier, herself a Swiss MEP, about her intentions on CoE - UNO a.o. relations in the foreseable Future:


- In her Reply to "Eurofora"s question, the PanEuropean CoE Assembly's President reminded, First of all, the simple but interesting, relevant Fact that she personally was "a Geneva Citizen myself", as she pointed out with a smile.


Indeed, in an unusual but practical move recently, f.ex. Pasquier had Recently chosen Geneva as her Meeting place for a Politically Important Encounter with the Vice-President of the Russian Duma, MEP Pyotr Tolstoi, on the "Hot" and thorny Issue of Russian MEPs' Voting and Participation Rights inside PACE, as well as Moscow's Financial Contribution to the CoE (See, f.ex. : http://www.eurofora.net/newsflashes/news/coeandrussiain2019.html, etc), Last Week.


- For that and other reasons, "I certainly wish to see a Rapprochement of Activities" as that suggested by "Eurofora" in this regard (Comp. Supra), PACE's President went on to confirm positively.


- This could occur Both "Between those Cities (Geneva and Strasbourg) and the Institutions" which are headquartered there (f.ex. CoE, EU Parliament, etc., vis a vis UNO, IPU, etc), she interestingly added.


Her 1st point obviously concerns also another, adjacent Idea promoted in parallel by "Eurofora"s CoFounder : that of the creation of systematic Links between "International Cities", i.e. Cities hosting various International Organisations, withOut being themselves National Capitals of any single State, (f.ex. Strasbourg, Geneva, New York, Saint Petersburg, Shanghai, etc). Inter alia, we have already Proposed that, in particular, to Strasbourg's "EuroMetropole"'s President, Robert Herrmann, who gladly endorsed our idea, as early as since 2015-2016, (See, f.ex.: http://www.eurofora.net/newsflashes/news/strasbourgmetropoleandairqualityiininternationalcities.html , http://www.eurofora.net/newsflashes/news/prefetfrataccistrasbourgasgebevanyorshanghai.html, etc), and even started, already, to at least partly Use it in real Practice, (f.ex. in the presentation of Strasbourg's "International Space University" [ISU] on 2018-2019, etc).


- Obviously, this concerns, "particularly the UNO, including at New York", (another International City : Comp. Supra), with which, "already this year", we had some joint moves, and this might develop further during the next year.


+ But, "in general, we (CoE) are interested for Cooperation with all Organisations which are active in SImilar Areas to ours", PACE's President added, in Wider Terms.


F.ex. already UNO's High Commissioner for Refugees notoriously has established a Permanent Representative to the CoE in Strasbourg, where, normaly, he should be Followed also by his Geneva collegue, the UNO's High Commissioner for Human Rights, and/or UNO's World Council of Human Rights (See also Infra), and/or UNO's Working Groups on "Missing" Persons, "Torture", etc.


Dick Marty is today the Only European in World Organisation against Torture (WOAT)'s Presidency, together with its Head : Hina Jilani, from Pakistan, and another vice-President :  Mokhtar Trifi, from Tunisia, (in addition to Various Other Members of its Executive Council, f.ex. from Russia, France, Germany, Guatemala, India, etc). WOAT is represented Both among CoE's PanEuropean Conference of "INGOS" in Strasbourg, and in relevant UN Organisations, including at the World Council on Human Rights, whose creation was one of the most Important Reforms at the Historic Heads of States/Governments' Summit on UNO's 60th Anniversary, back on 2005 in New York, that "Eurofora"s co-Founder had covered for the Press (publishing, then, mainly at "TCWeekly": Comp. f.ex. 2 Articles from NY, etc).


In the PACE he has Drafted several Key Reports of the CoE in particularly Delicate matters, including, f.ex., inter alia, also : on Cyprus' Enclaved People, living in the Territories controlled by Turkey's Invasion/Occupation Army, (a notoriously UNO Issue too); "Missing" Persons in Kosovo (f.ex. Serbs), and alleged Traffick of Human Organs, (where he reportedly suspected also Kosovo's current controversal President Hashim Thaçi, added to a Turkish "Doctor", etc, while also Advising "Eurofora" to always look for eventual "Ogans' Traffick" atrocities in cases of "Missing" Persons, f.ex. also in Cyprus, in Latin America, etc., but withOut limiting the Investigation only to that : See, f.ex. http://www.eurofora.net/newsflashes/news/martyonmissingorgantraffic.html) ; CIA's Redition Flights and alleged Secret Prisons, (a famous Global Medias' "Best Seller"), etc.


+ By a Timely Coincidence, almost at the Same Moment that "Eurofora" was speaking with PACE's President in her Office, at the Hemicycle, the Winter 2019 Plenary Session of the PanEuropean Organisation was Debating and Voting on a Report seeking to Strengthen the Implementation of CoE's Anti-Torture Watchdog, the "Committee to Prevent Torture" CPT, by Enhancing the Role of Elected MPs and MEPs, in National, European, Paneuropean and International Parliaments. I.e. an Issue obviously near to Dick Marty's current and former roles as European vice-President of the World Organisation Against Torture and f. PACE's Top MEP, (Comp. Supra), as well as to Luisa Ballin's, (experenced Journalist and f. Long-Time Director of Communications at the Inter-Parliamentary Union in Geneva, with whom "Eurofora"'s co-Founder had co-Organized an Important Collective Fact-Finding Trip of ACANU, the Association of Press Correspondents covering UNO-related Issues from its Geneva Headquarters, already as early as since 1993-1994, before crossing eachother anew at Montreux/Glyon on 1997, near Luzern on 2005, shortly missing each other in Geneva on 2011, but communicating briefly Later-on, etc).


_________________________________________________


+ "Eurofora" advanced further, Today, on Geneva - Strasbourg cooperation prospects (Comp. Supra), on the occasion of the "New Situation" for Europe, Nowadays on Syria, as USA is Withdrawing, while actors as Russia, Turkey, and EU Countries active in the International Coalition against ISIS' Deadly Islamist Terrorists, etc., that CoE's Secretary General, Thornbjorn Jagland, discussed with us Last Week in Strasbourg, (See: http://www.eurofora.net/newsflashes/news/coesgjaglandgermanmfamaasrussia.html), as well as this Week's Decision of the PACE to elect Cyprus' MEP George Lucaides as New President of its Middle-East and Arab World Committee, (See : http://www.eurofora.net/newsflashes/news/coeassemplymiddleeastarabworld.html) : - "Are there any foreseable New Developments to expect as far as CoE's potential role, more or less Together with the UNO, might be concerned, f.ex. around Syria, Middle East, and/or other South Mediterranean Countries ?", we asked President Pasquier.


 - Without Denying that concrete possibility, PACE's President carefully preferred, here, to reserve her Reply "Open" for the Future : - "I haven't yet thoroughly examined this kind of issues in depth, and it appears to be too early for the moment, so I can't reply to that point now, but I promise to do so as soon as possible", she told us, honestly, in substance.


=> Rendez-Vous taken, on that key point... And even in front of interested witnesses, since our exchange took place during the regular, Post-Session's Press-Briefing by PACE's Presidency to Strasbourg's European Journalists.

(../..)

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ECHR President Raimondi to EF: Infringement process v. Turkey for DisRespect of Judgements on Cyprus

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Πέμπτη, 24 Ιανουάριος 2019
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*Strasbourg/ECHR/Angelo Marcopolo/- Among various possible Measures, CoE's Committee of Ministers should launch an Infringement Proceeding against Turkey for blatantly and repeatedly Refusing to Cooperate in ECHR Judgements' Execution at several Cases concerning Cyprus' Refugees/IDPs and even "Missing" People, (See, f.ex.: http://www.eurofora.net/newsflashes/news/turkeuyrefusescooperationwithcoe.html + http://www.eurofora.net/newsflashes/news/turkeypersiststodisrespectechrjudgementsoncyprus.html , etc), Replied Today in Substance, indirectly but clearly, ECHR's President, Guido Raimondi, to a relevant Question raised by "Eurofora", during his Annual Press Conference for 2019, where he found Ankara's stance "very Regrettable".


Such Infringement Proceeding, as that suggested now by Pesident Raimondi, against a CoE's Member State which Fails to fullfil its Obligation to Abide by any ECHR Judgement to which it is Party, has Entered into Force already Since 2010, but its First ever Use Started just from December 2017, in a case concerning Afghanistan. There Baku's Government had reportedly delayed about 3 Years (2014 - 2017) to apply ECHR's ruling on a jailed dissident, while Turkish Authorities notoriously delayed around a Decade, or even More, since relevant Judgements on Greek-Cypriots Refugees/"Missing" Persons' cases, where Applications may have been lodged to ECHR as Early as, already since the 1990ies, with result for several Victims to have, Meanwhile, ...Died, vainly Waiting for an elementary justice too long, (See, f.ex.: http://www.eurofora.net/newsflashes/news/turkeyblocksechrjudgementswhilevictimsdie.html , etc), until Turkey even Started, recently, top Repeatedly Boast that it Openly Refuses to Cooperate with the CoE on many such ECHR Judgements' Execution, unless it bowed to Ankara's Blackmail pushing to Definitively Drop certain cases... (See, f.ex. Supra + Infra).   

     
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   - "Eurofora"s Question to President Raimondi raised an Issue, which was already evoked in the Past, but has Now Reached a(n UnPrecedented) Point seen for the 1st Time, (at least personaly, i.e. during + 25 Years : 9/1993-2019 : it would be Interesting to know if you have seen anything like this) :


- It concerns Cyprus' Refugees/IDPs, (and "Missing" People, at least in a key case), on whom ECHR has already published several Well Known Judgements, with Crystal-Clear Condemnations (of Turkey), since a long Time ago, which are still Pending" for execution.


>>> "The New Problem is that, for the 1st Time, appeared a "Special" Attitude from Turkey inside the (CoE's) Committee of Ministers, Recently Repeated at least Twice (on September + December 2018 : See ... + ..., etc) : Ankara's representatives Do Not Reply to any Questions, Refuse even to Speak, do Not Participate in the Debates, they have even very Clearly said that they Refuse to intervene on the Execution of several ECHR's Judgements, that you have issued since a long Time ago, on a Series of Cases on Cyprus' Refugees/IDPs, where ECHR has pronounced itself with some Well Known Decisions, including, f.ex., on Loizidou (the remainder), Xenides-Arestis, etc, so that the Situation looks quite Blocked" (Stuck), we Denounced.


- "CoE's Committee of Ministers has naturaly taken at least 2 Decisions Reminding that every CoE's Member State is Obliged at least to try to Implement ECHR's Judgements, to Participate in efforts to do so, and to Cooperate with the CoE in that aim. But, here we have a net Refusal to Cooperate, since Turkey asks to Stop and "Close" certain Cases, and Never Deal with them, No More, so that there is an Obstruction, there", (and even an obvious Blackmail).


    + "This raises also a matter of General Principle, because Other Countries might, eventually, be "Inspired" by such an UnPunished Negative Behavior, in order to Do Alike, in the Future", we Warned.


    => "What do you think that Should be done about this ? The Question mainly concerns CoE's Committee of Ministers, But there are, probably, also certain things possible from ECHR's side, its Case-Law, and/or by using adequately some Articles of the Convention itself, etc., "Eurofora" suggested, (pointing, inter alia, also to a relevant ECHR Great Chamber's Judgement of May 2014, which had given some very Interesting Insights on various Other Cases of Cyprus' Refugees/IDPs Human Rights : See .... +..., and Infra, etc).
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- "it's, Obviously, very Regrettable", "if there is a Non-Cooperative stance by one Member State inside CoE's Committee of Ministers, during its Supervision of ECHR Judgements' Execution", Replied from the outset to the above-mentioned "Eurofora"s Question on Turkey and Cyprus, ECHR's President.


- Even if Speaking purely "from the point of view of the ECHR, which should, naturally, not interfere in Political Discussions of the Committee of Ministers", nevertheless, "I can remind that, Recently, after the entry into force of the Protocol 14, (i.e. After 2010), the Supervision of ECHR Judgements' Execution is assisted by a Legal Mechanism", he interestingly added :


 - In fact, "there are §3 and §4, of Article 46, which have, Now, entrusted the ECHR with a Legal Competence in this area :", Raimondi observed positively.


=> "The Activation (triggering) of this competence has been attributed to the (CoE's)Committee of Ministers, with a Qualified Majority", (i.e. Not Unanimity), he noted.  


- But "it has already Started to be used Recently, f.ex. in tha case of "Mammadov v. Azerbaijan", (from December 2017, concerning the imprisonment of a political dissident), found ECHR's Chief.


>>> So that, "in Extreme Cases, if there is a Lack of Cooperation from a Member State, on ECHR Judgements' Execution, the Committee of Ministers has always the possiblity to use that Mechanism", stressed President Raimondi.


- "That's what I can say, from the point of view of the Court", he concluded, (obviously leaving the rest to the Committee of Ministers)...
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Turkey, followed then by Poland, were the Last to Ratify that Protocol 14, which Entered into Force after 2010, (but is Applicable, in principle, to all Pending Cases).


Under the Heading: "Binding Force and Execution of Judgements", the above-mentioned Article 46 of the Revised EConvHR, clearly Stresses from the outset (§ 1) that all CoE's Member States "Undertake to Abide by the Final Judgements of the (PanEuropean) Court (of Human Rights), in Any Case to which they are Parties".


>>> And its § 4 gives to CoE's Committee of Ministers the possibility to "Refer" to the ECHR the case of any Member State which "Refuses to Abide by a Final Judgement", according to a Decision taken by a 2/3 Majority, in order to attest whether that State has, indeed, "Failed to fullfil its (above-mentioned) Obllgation".


- "If the ECHR Finds (such) a Violation", then, "it shall refer the case" back "for consideration of the Measures to be taken" by the Committee of Ministers (for Sanctions), § 5 concludes.


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It's Also by Referring to that Same "Article 46", that ECHR's Great Chamber, in a Landmark Judgement of May 2014, concerning the Inter-State Case of "Cyprus v. Turkey", has already made it clear that, as a matter of General Principle, "Under Article 46, the State Party is under an Obligation Not Just to Pay those concerned the sums awarded by the Court by way of just satisfaction, But Also to take Individual and/or, if appropriate, General Measures in its domestic legal order, to put an End to the Violation found by the Court and to Redress the Effects, the Aim being to put the Applicant, as far as possible, in the Position he Would have been in had the requirements of the Convention Not been Disregarded... Albeit connected with each other, the Obligation to take individual and/or general Measures, and the Payment of just satisfaction are 2 Distinct forms of Redress, and the former in no way precludes the latter".

 

(../..)


---------------------------------
 
 
 
***
 
 
 
(NDLR : Fast Translation from the Original, mostly in French.
 
"DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, may be Published asap).
 
 
 
***


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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :   

- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.   

Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :

Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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