
newsitems
CoE's World Forum for Democracy development : After Digital Tech. and Youth, to add "Soul" ?

*Strasbourg/CoE/Angelo Marcopolo/- After having consecrated a previous International 3 Days-long Sumposium on New Information and Communication Technologies' potential for revitalizing Democracy, (in 2013, Comp. f.ex. : http://www.eurofora.net/newsflashes/news/eupiratepartyseipenbuschworlddemocracyforum.html ), added to another, which focused this year (2014) on the possible input of "Young" People, PanEuropean CoE's "World Forum for Democracy" might search, Next Year (2015), to find a Synthesis of both, but also add those Moral/Human Rights' Values which are practically indispensable for any real Democracy to exist, as it results from what was said Today in Conclusion, particularly by CoE's Secretary General, Thornbjorn Jagland :
- "WFD's theme Next year will be Inspired by what was Best in 2013 (about Digital Tools), and 2014" (Young People's role), it was said in this regard, while also Timely Adding : - "Don't Forget your Soul !", as Jagland "advised", "despite all the Technical Tools that we have"...
-- Indeed, f.ex., "Secure Internet as a Common Good", is certainly important, (See also infra), but it's also "Freedom of Expression", (also "a No 1 Favorite of Young People", by the way), which "is Essential for Democracy", CoE's Chief went on to observe, Topically speaking in Strasbourg the same week which started, for the 1st time, by UNO's new International Day for the Fight against Impunity of Crimes committed on Journalists, and for the Protection of their Safety : November 2, which inspired 2 Major Conferences on these issues, one focusing mainly CoE's and particularly ECHR's relevant developments, while another added also UNO's latest moves in this regard, working towards the creation of a Global Mechanism to Fight Impunity of Criminals and Protect Journalists' Safety, in Cooperation with Regional Organisations, such as the CoE, the EU, etc, (See. : http://www.eurofora.net/newsflashes/news/unrappporteuronfreespeechandechrjudgementsexecution.html ).
- F. ex., the role of that famous small Girl from Pakistan who was Brutally Attacked and Seriously Wounded, just because it had openly Expressed her Wish, as well as all Girls and Women's Rights, for Access to Education in equal terms, "Malala", who, after receiving EU Parliament's "Zacharov" Prize for Freedom of Speech (See : ....), has just been co-awarded also the Nobel Peace prize 2014, by the Oslo Committee chaired by Jagland, "didn't come from the Internet, but came from her Inner Soul", Jagland stressed.
A simple, but Symbolic "Dance with the Light" spectacle, appeared to mark his words with relevant images, (Comp. Photo Supra), in Conclusion, by a coincidence, the same Day that, as CoE's Chief revealed with a smile, was his 64th "BirthDay", (a thought which apparently .. revigorated Jagland, obviously so glad to be among many Young People, that he exceptionaly accepted to wear even a T-Shirt and a Blue Hat alike to them)...
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However, the World famous Futurologist Thinker, Jeremy Rifkin from America, who was the key-note Speaker at the Opening of this year's World Democracy Forum, two Days ago, (on November 3), sumberged the mainly Young Audience of a well attended meeting at CoE's Hemicycle with his impressive Radical Innovative Vision about reportedly necessary Big Changes in the foreseable Future, spreading from the Internet, to Energy and Climate, Economy and Society, even Genetics, etc, full of prognosis about "Sharing the Internet, Sharing Energy and Materials", and even .. "Sharing Genes" (sic !), as he said, and launching a Call to Young People to dare meet the Challenge of being the Generation which has to Solve, at last, many Big Problems remaining pending since Thousands of Years in Mankind's History, as he said, boosted an overall Post-Modern Ambiance full of Future Perspectives.
+ An impressive "OsoSphere"'s Spectacle of Pictures, Colors, Lights and Sounds' dynamic moves, in a Futuristic ambiance, which succeeded now to .. Change the look of CoE's huge Building's external Architecture, (Comp. relevant Photos), obviously added also another dimension in the overall impression of Big Changes at the foreseable Horizons..

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But, already, a Post-Doc Young Researcher at Germany, Yuk Hui, had Warned from the 1st Day of the WFD : - Internet and other Digital Tools can be wonderful means of action. But they might also become Dangerous, in certain circumstances, and even Threaten Personal Freedom and Human Rights ! Therefore, users of Modern Technologies must always pay Attention, be Careful and Conscious of what is really at stake, and beware to avoid eventual sly traps or even Serious Dangers, he advised.

+ Moreover, advancing well beyond the after-Snowden era, which has recently alerted the World about Internet Spying, a text presented by Hui at a University Symposium adds even more interesting, even if frightening Insights : - "...we observe more and more intensive interdisciplinary collaboration with Science and Technologies; on the other hand, Art, Design and technology are converging ... Simulation overturned the epistemology of Science, since scientific Experiments ... are demanding collaboration with Computation Simulations. In 2013, the Nobel prize for chemistry was given to Martin Karplus, (NDLR : who works in Strasbourg with Professor Lehn, another Nobel prize), Michael Levitt, Arieh Warshel, who since the 1970s have been devoted to the development of Molecular dynamics Simulations. Simulation is no longer only about Showing and demonstrating Reality and creating a simulacrum, but also to Create New foundations. In Theory, we observe that a New discipline, Digital Humanities, is becoming probably the most Funded subject in the World; at the same time after the concept of the "Inhuman" proposed by Lyotard, we also saw discourses such as "Post-Human", "Cyborgs", "Non-Human", object-oriented Philosophy, etc", he critically observes.
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- And, indeed, even Rifkin had stressed, from the start, (Comp. Supra), the need f.ex. to "Regulate" the Internet, as all "Public Goods", (like Phones, Railways, Eletricity/Gas Pipelines", etc, as he said), "to ensure fair Prices, Transparency, "Open" nature, Democratisation of the Web, etc. To this was added also the urgent need to act in order to Save the Climate, and for that purpose too, develop a "an Ecological Civilisation", particularly with a "Zero Marginal Cost Society" able of an "ultimate Productivity", i.e. "Optimum Energy and Materials' Efficiency", by using everything optimaly, so that it minimises the use of Resources, in a kind of "a Circular Economy", where everything we use is "Re-Distributed", over and over again, as he said, asking for "the Political Will to be there".
=> - "Now it's Time for Political Debate and Social Struggle !", he urged. adding to the intention of Young People that "You are not only the "Digital Generation", but also "a Generation of Activists", who will have to tackle and solve a lot of Problems which have been going on", as he warned.
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- Indeed, there is "No Democracy without People who Fight for it", concluded Today the French Minister for EU Affairs, former MEP at EU Parliament, Harlem Desir. pointing at the responsibility of "Young People to prolonge that Fight also far into the Future".
- Today, a crucial question is to find out "how the Spirit of Democracy can remain Alive", in order to saveguard, revitalize and develop further "that Beacon which came to us from Ancient Greece, and was ReBorn with the French Revolution" and the entire European Enlightnement, as he observed.
- In fact, "more than 20% of the European Population are Young People, but Young Europeans Abstain the most in istitutional Political Elections", he regretted, stressing the need to "react" in order to change that.
- "Nevertheless, Young People are Active in various Popular Movements in Society" Today, more than ever, the French EU Affairs Minister optimistically added, concluding by giving a New "Rendez-vous on 2015", for the Next "World Democracy Forum" (Comp. Supra), scheduled for November, i.e. just a Month after an exceptionaly important "World Climate Summit in Paris", ^next October 2015, as he noted.
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Turkey follows Uganda,
as recipiendary of WFD prize for ... "Democracy Innovation" (sic !),
despite still on-going Oppression and even Killings of many Young Protestors these Days...
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However, last but not least, after a Vote, by Unidentified participants, chaired by American Tim Karr, (a pro-Obama Blogger and NGO Freepress Staffer from New Jersey, who has Contributed to "The Young Turks" aggressive Nationalist Lobby in the US), for only Seven (7) Projects from just 5 States among PanEuropean CoE's 47 Member Countries, and International UNO's 193 Member Countries, made in the name of the "World Democracy Forum", supported also by the local Strasbourg Municipality,("Socialist"), ...
... Turkey took the place of African Uganda, in receiving a WFD's prize, supported by the Local Municipality of Strasbourg and part of the team organizing the event, normaly due to be given for the best ... "Democracy Innovation" in the whole World !...

Inevitably, while the Sympathetic team of 2 aged and smiling Ladies with myopic eye-glasses from Uganda, who tried, almost without any important material or Technological means, to simply Fight against Corruption and/or Abuse of Power from Public Authorities, by merely helping the affected Citizens to Organize their Protests, engaging in Dialogue with the competent Public Services, etc., as they have explained to "EuroFora", had already Surprised many People last year, when the 2013 WFD had been focused on ... High-Tech Innovative Tools, mainly Digital, put to the service of Democracy, this time, 2014's WFD confirmed its well deserved tradition of unexpected Surprises, even more :
- Who could imagine, indeed, that some might push to give a "CoE - Democracy" label to a controversial Plaidoyerie, by the recipient's representative, in favor of the Turkish Governement, (with Flattering references to the "Prime Minister" - until recently Mr. Erdogan : Comp. Infra- the "Minister", etc), merely for a so-called introduction of a compulsory course on "Rule of Law, Human Rights and Democracy" to Schools from 2015-2016, (which may serve as Pretext for 50.000 Appointments at the Government-controlled Public sector for its supporters to be paid as relevant "Educators"), concerning a notoriously Oppressive State (as ECHR's abundant case-law attests for 15 years, until now, particularly on Impunity of Torturers and/or Violations of Freedom of Speech, etc), which had even recently imprisoned f.ex. ALL Elected Politicians in Municipalities and Regions of mainly Kurdish Population, immediately after the 2010 Local/Regional Elections, i.e. Thousands of People, keeping them in Jail during all 4 Years of their Mandate, even without any Trial, just for supposed Statements, (i.e. something obviously "Destructive of Democracy", as CoE's Watchdog for Local and Regional Democracy, CLRAE, Denounced in a Resolution adopted on 2013, and reminded recently in a Debate of October 2014 in Strasbourg : Comp. f.ex. : http://www.eurofora.net/newsflashes/news/clraeslamsturkeyforjailedmayorsunmonitoredelections.html + http://www.eurofora.net/newsflashes/news/coehailskurdishvictimofturkishoppressionwhoaskstofightisil.html ), while it's nowadays Killing more than 50 Young Kurdish People who Protested in Demonstrations with Police's Victims throughout Turkey for Ankara Governments' refusal to help and even Blockade of the embattled Syrian Kurdish City of Kobane, where a handful of Kurdish men and Women Fight a Hard Struggle against Brutal Extremist Islamic Terrorists of "ISIS" BeHeaders particularly during the last 3 Months, while also being Widely suspected to have certainly Helped in the Past, and still be Reluctant to Fight against "ISIS" notoriously Brutal, Deadly Terrorists, and whose former long-time Prime Minister, and new President, Mr. Erdogan, has just even Slandered in general "Journalists and Priests" (etc) to be "Spies" (sic !), obviously aggravating already provoked Risks for several Dissident Journalists or Priests to be targetted, kidnapped or aggressed and atrociously killed by ISIS' BeHeaders, at the borders of a country whose Courts have f.ex. recently Condemned a Newspaper Columnist to .. "10 Months in Prison for a single Tweet" that they found "insulting"vis a vis former Prime Minister (and new President) Erdogan, earlier this same year, (as Tim Karr himself has denounced)...
I.e., obviously NOT at all a real ..."Model for Democracy" !....
One may understand CoE's wish to try to help develop and encourage the much -needed Democratisation of Turkey, by any available means. But, one shouldn't also ignore the incomprehension or the Shock of the Victims (past and new) of certain notoriously Oppressive methods by that State, sometimes very Brutal, nor of all other Observers throughout Europe and the World, where the Credibility of the PanEuropean Organisation of Strasbourg on its main mission to ensure respect of "Democracy, Human Rights and Rule of Law", is at stake.
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(PC. For Memory : The closer Competitors, who reportedly took almost the same "Votes", were 2 Projects from India and "the West Bank and Gaza Strip" : the "Blue Ribbon Movement" and "Youth Create Change", respectively. I.e. probably less controversial possible choices, in addition to various other ideas, comming f.ex. from France and/or Germany, the USA, etc, Comp. f.ex. : http://www.eurofora.net/brief/brief/howtopreventferguson.html ).
(../..)
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("DraftNews", as already send to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version, might be Published asap).
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UN Speech Freedom Rapporteur Kaye to ERFRA: Help apply ECHR Judgements on Impunity of Crimes v.Media

*Strasbourg/CoE/Angelo Marcopolo/- UNO's New Rapporteur for the protection and promotion of the Right to Freedom of Expression, Professor David Kaye, speaking to "EuroFora", just after the 1st World Day to End Impunity of Crimes against Journalists, declared by the UNO for November 2, clearly confirmed that his Universal mandate gave a possibility to Raise also Questions on eventualy serious Problems at the Execution of ECHR's Judgements. His present Mandate gives him more than 3 Years (reconductibe) to do so, while his next Report to nearby Geneva Headquartered UNO's Human Rights Council is due for June 2015, as he told us.
Significantly, he said that shortly after we had denounced at a UN-CoE Conference, an astonishing Difference of Treatment between 2 cases of Journalists' Murders clearly condemned by ECHR Judgements, based on the Same Legal points, and published at the Same Year (2005), but concerning two Different States : Ukraine, in the famous Gongadze affair, (an anti-Corruption Critic, found atrociously BeHeaded), and Turkey in the also quite well known Adali affair, (a Turkish Cypriot Dissident, opposed to several Ankara's Invasion/Occupation Army's policies in the Occupied Territories of Cyprus, who was shot and killed by 5 Bullets at his Head in front of his Family Home).
In the 1st case, CoE's Committee of Ministers, responsible for Supervising the Execution of ECHR's judgements, has notoriously succeeded to overcome some initial Problems, and to start Finding and Condemning to Heavy Jail sentences, the one after the other, among those Criminals who had executed the Murder, and/or ordered and organized it, even if it still remains to find out who had initially commanditated that Murder. But, on the Contrary, in the case of Adali's Murder, Nobody was found, nor condemned, until now (2014), more than 9 Years after ECHR's Judgement.... Nevertheless, the case was scandalously .. Droped inside CoE's Committee of Ministers, the body which has the Duty to "Supervise the Execution" of ECHR's Judgements, as it seems, precisely when Turkey had Started to take over the rotating Chairmanship of CoE's Ministers "Human Rights" meetings, back on June 2010 ! (See : http://www.eurofora.net/newsflashes/news/adalimurderinvestigationstopedwhenturkeychairscoe.html ).
The opportunity to raise that issue was given by International NGO "Committee to Protect Journalists (CPJ)'s 2014 Report, titled "Road to Justice", on "Breaking the cycle of Impunity in the Killing of Journalists", which was presented Today in Strasbourg by Elisabeth Witchel, Impunity Campaign Consultant from the UK for the NY Headquartered "CPJ", who, speaking with "EuroFora", looked rather surprised to hear that so sharp Differences, (rather : Total Opposition !), might exist in the respect of ECHR's Judgements condemning the same Year certain States for blatant Impunity of cold-blood Murders of investigative Journalists.
The Foreword of this Exceptional Issue, which documents some 370 Killings of Journalists murdered in relation with their Reporting f.ex. on Corruption, War, Crimes and Human Rights, during the last Decade of 2004 - 2013, (i.e. in the Second Part of the period during which CPJ had started to Document Systematicaly any Killing of Journalist : 1992 - 2014, which includes both Murders of Gongadze and Adali), was written by Gongaze's wife, Myroslava, who describes, in a Strong and Emotional language, the Hard Struggle that she had to Fight in order to Break the initial Silence and start to unveil the Truth on her Husband's atrocious Murder :

- "Impunity in Crimes against Journalists .. sends a Message from the Perpetrators : That they can Control the Media, by using Force against its members, that Intimidation can continue", Myroslava Gongadze warns. On the Contrary, "Bringing those Responsible to Justice, is the Final Hill we Must Climb, in our Quest to Save the Lives of Journalists, and to further the Cause of Free Speech and Expression". Therefore, "we must actively Support those Devoted to Seeking Justice for these Crimes", because "those who pursue Justice are frequently in Harm's way", she denounces, Concluding that "the cause Needs an International Support System".
Indeed, the astonishing way in which the Adali Murder case was .. "lost" and droped behind the Closed Doors of CoE's Committee of Ministers, despite a quasi-Identical ECHR Judgement, strongly Condemning the respondent State for initially Failing to do its Duty to efficiently Investigate the Killing, both in the case of Gongadze, as also in the case of Adali, where the 2 ECHR Judgements were even published the Same Year (2005) at these same Strasbourg's ECHR Headquarters that CPJ's 2014 Report pictures along the first victim's wife's forward, (See relevant Photo), obviously cannot be explained otherwise, but only by a Blatant Difference in the Existence or Absence of the required Political Will....

=> This Crucial point was very Strongly Denounced by the Trans-Atlantic OSCE's Representative for Media Freedom and Free Expression, Mrs Dunja Mijatovic, who criticized, in her Intervention, the fact that, during the recent years, "States Lack of Political Will" to find and punish those responsible for Serious Aggressions against Journalists, Warning that, if things don't "Change" radically and soon elough in this regard, i.e. if the various relevant European/International Organisations don't Stop to meremy add "Resolutions", "Recommendations", and other such Paper work, then, "We are going against the Wall !", Mijatovic concluded, widely applauded by most participants.

However, even if, unfortunately, her OSCE "Mandate" apparently doesn't allow her to interfere inside CoE's process of execution of ECHR's Judgements, nevertheless, in principe, she can always Speek Out and propose Remedies on any serious Violation of Freedom of Expression accross OSCE's Member Countries, as,Mijatovic later added to "EuroFora", promissing to get in touch soon on such matters, (naturally including also on Press Reporting at the Internet, on which she has notoriously worked already in the Past, long before EU's recent, 2014 "Human Rights' Guidelines on Freedom of Expression both On-line and Off-line").
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=> Therefore, it had become obvious that the Political and/or other Blockades experienced until now even inside some among the Best available European/PanEuropean Organisations, as far as a genuine and efficient Protection of Press Freedom, Journalists' Safety and the Fight against Impunity of serious Crimes against them, are concerned, (Comp. f.ex. Supra), it's either substantial Changes at the pre-existing EU/CoE Mechanisms, and/or the development of some consistent brand New International Mechanisms, f.ex. by the UNO, are Needed.

This was precisely observed, initialy at a short intervention by "EuroFora" right from the Start of the Concluding Debate of a well attended UNO-CoE "Inter-Agency meeting" in Strasbourg Today (November 4), "on the Safety of Journalists and the issue of Impunity", where we mainly denounced the serious Discrepancy that the above-mentioned blatant Difference between the clearly Opposite ways that were treated ECHR's similar and tautochronous, landmark Judgements in the Gongadze and Adali cases, concluding, in consequence, that Recent Moves by the UNO to eventually develop a kind of International Mechanismf for the Protection of Press Freedom, Safety of Journalists and to End Impunity, as UNO's relevant "Action Plan" from 2012, and a subsequent Mandate reportedly given by UNO's General Assembly to UNESCO as Coordinator for the implementation of the UN Plan from 2013, could usefuly serve in order to Complement, UnBlock and/or Stimulate pre-existing Regional Mechanisms, even the Best available until now, as that of the CoE, etc, f.ex. by raising Questions about ECHR Judgements' execution whenever it might have been more or less neglected, (as in the above-mentioned Adali Murder case, Comp. Supra), and/or by acting more Proactively, in cases of Urgency, (as, f.ex., at least in some relevant aspects of the Ukranian Crisis), etc.
UNO's Rapporteur on Freedom of Expression, Professor Daniel Kaye, who was chairing as a Moderator this Concluding Session, decided, then, to practicaly take "EuroFora"s main Suggestion and turn it into a General Question addressed to All Participants at the UNO-CoE International Conference on Ending Impunity for Crimes against Journalists, during that same, crucial Concluding Session dedicated into "Working with Civil Society and Media" for that purpose. Followed a rather Extensive Dialogue, with various and numerous Participants, including relevant NGOs, etc, most of whom, indeed, in one way or another, agreed that it was useful, or even necessary, to develop such a mutually Stimulating Synergy between UNO and specific Regional, European or PanEuropean, etc. Organisations, as OSCE, EU and CoE, etc.
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+ Meanwhile, "Journalism is an activity of General Interest", and "Attacks against Journalists are a "Hot" issue, since "CoE's 3 Pilars : Democracy, Rule of Law and Human Rights, couldn't exist without Freedom of Expression and of the Medias", stressed from the outset the experienced CoE's Deputy Secretary General, Gabriella Battaini-Dragoni from Italy, (the current EU Chair), introducing Yesterday at the ECHR, a 1st Seminar on the Safety of Journalists and the eradicaton of Impunity of Crimes committed against them, which is, currently, a CoE's "Priority", as she said.
Pointing at the famous "Hrant Dink" affair against Turkey, (from the cold-blood Murder of the Armenian Journalist in Istanbul/Constantinople, where ECHR slamed in particular Ankara Authorities' persistet Failure to really search, find and Punish all those responsible for the Killing, while several Facts indicated as probable a scandalous Complicity between Law Enforcement Agents and Criminals who had been Seeking various ways to Muzzle the Victim already long before he was Killed by Bullets fired at his Head in front of his own Office and Family Home, CoE's Deputy Chief stressed that ECHR reminded, on this occasion, that "States are obliged to create a Favorable Context for the Participation of all in the Pubic Debates, allowing them to Express without fear, their Opinions and Ideas".
- In this regard, CoE is preparing an On-Line Web portail, destinated to collect, treat and pubish Infos concernant the most serious problems faced by Media Freedom and Safety of Journalists, in cooperation with Associations of Journalists and other International Organisationsn, in order to alert, systematically, CoE's relevant bodies, on the need to take fast and coordinated measures, while also re-publishing all ECHR's relevant Case-law standards in this area, Battaini-Dragoni confirmed, pointing at forthcoming developments, due for December 2014, (as "EuroFora" has already reported on this matter : See : ....).
- Moreover, Battaini-Dragoni said CoE was "convinced about the force of Dialogue", both GeoPolitically : on a European level, but also well Beyond our Continent, and "including all various concerned Players : In order to concentrate forces to eradicate Impunity of Crimes against Journalists, Courts, International Organisations, Governments, Medias, NGOs, must speak to eachother", she stressed in conclusion.

+ Speaking later-on to "EuroFora", CoE's Deputy Secretary General, (who had recently gone to Rome, on the occasion of a CoE's Constitutional Law watchdog, "Venice Commission"'s exceptional Session), didn't exclude that Pope Francis might, eventually, evoke also issues related to Freedom of Expression and Opinion or Belief, (often related to Religion and/or Moral Values, facing from ISIS' Deadly Terrorism at the Middle East, up to Police Brutalities and/or Threats of Heavy Fines and/or Jail, f.ex. in the case of Same Sex Marriage's opponents, and other BioEthical issues' Dissidents in some EU Countries, etc), at his forthcoming Speech at EU Pariament and CoE in Strasbourg on November 25, even if "his main concern currently seems to be rather how to Help Poor People" in and out of Europe, particularly since the recent Global Crisis, as she estimated : Issues for which, sometimes, in order to clearly denounce what could realy cause and/or aggravate them, Freedom of Speech might also be needed, even for that...
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("DraftNews", as already sent to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).
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CLRAE President Frecon to EuroFora on Donetsk/Luhansk Election controversy: Old or New Ukranian Law?

*Strasbourg/CoE+Region Alsace/Angelo Marcopolo/- Timely speaking to "EuroFora" during PanEuropean CoE's Annual "World Forum for Democracy" events, some of which were co-organized together with Strasbourg's Region Alsace, the new President of CoE's Watchdog on Local and Regional Democracy, the 47 Countries' strong Congress of Local and Regional Authorities of Europe (CLRAE), French Senator from the Governing Majority of the Socialist Party, experienced Jean-Claude Frecon, said that "we must consider carefully" the open question whether the controversial Donetsk-Luhansk areas' Votes, which have been strongly denounced by Kiev's Government as contrary to the recent Minsk Agreement on Cease-Fire and the Peace process, because the latter's text referred to "Elections according to the Ukranian Law", could and should take place under the Pre-Existing Laws, or, on the contrary, under the New relevant Ukranian Laws, notoriously due to be definitively adopted according to Crucial Proposals of Constitutional Reforms for a substantial De-Centralisation of Power in the Country, already made by Ukranian President Poroshenko, submitted and examined by the competent CoE's Constitutional Law watchdog, "the Commission of Venice", during an exceptional Plenary Session in Rome, (Italy), last October 2014, (Comp. : .....), which are expected to play a Key Role in the Quest of a Peaceful, Political Solution to the Ukranian Crisis, based on Dialogue, Compromise and Principles, instead of Destructive and Deadly Military Clashes which have already killed much more than 4 Thousands of People, including many innocent Civilians, (f.ex. Elders, Women, Children, etc).
Kiev's Government has recently raised an uproar, just after the latest Ukranian Parliamentary Elections, held at the other areas of the Country, and with the participation of most but not all Political Parties of the Country, by accusing the Autonomist areas of Donetsk/Luhansk to have misinterpreted and even violated the letter of the September 2014 Minsk Agreements by holding Yesterday, Sunday, November 2, so-called Presidential and Parliamentary Elections in an attempt to Democraticaly choose their Leaders, before and in addition of the Forthcoming Local Elections throughout all Ukraine, scheduled for December 2014. This has even been used by Kiev's Authorities as a motivation for their recently anounced decision to Cancel, a posteriori, a Crucial Law on "a Special Status of parts of Donetsk and Luhansk regions", at least during the next 3 Years, which has been considered as having a Decisive Importance for the overall Political Compromise between the Central Government of the Country and the Autonomist Regions of Donetsk/Luhansk which had been agreed at the basis of the recent Cease-Fire and Peace process, risking, obviously, Today, to eventually endanger the entire attempt to Stop the Deadly Clashes and bring back Peace.

While many Western European Governments, EU and even CoE's bodies, etc. have, more or less Criticized separate so-called Presidential and/or Parliamentarian Elections in those Eastern Ukranian Regions, contrary to Russia and some other Countries and/or MEPs, (who have mainy focused, instead, on the need to "encourage" the Peace process in Ukraine and "make possible" the holding of Elections in Donetsk - Luhansk, as promised by the Minsk agreements), nevertheless, everybody knows, naturally, that even a simple local Association of Fishermen, and/or a Sports' Club, as also a Political Party, etc., obviously have a right (and even a Duty) to elect their "President" and their "Assembly" of representatives...In this case, Popular Participation was up to 69% at Luhansk and 85% at Lugansk, with various Observers from several Countries, (even USA), according to local sources.

But, the most Crucial point in the present case, given its specific, overall Legal and Political Context, seems to be, in fact, another one : To put it in a nutshell, if Donetsk and Luhansk areas limited themselves, as thinks stand Today, to hold only some strictly-speaking "Local" Elections, "according to" the PRE-EXISTING "Ukranian Law", then, this would practically mean that they couldn't elect at all their own political Leader of their Free Choice, since the Old Ukranian Law didn't allow for the Heads of the Country's Regions to be elected by the Regional Populations, but obliged, on the contrary, for them to be .. Appointed by the Central Kiev's Authorities, and particularly by the President of the Country. The only Elections of an area's Leaders which existed already in the Past of Ukraine's Legislation, was just that of Mayors of simple Cities and Villages, i.e. something which is, obviously, inadequate (both Politicaly and Legaly) in the present case of the Compromise Agreement between the Government of the Country and the Leadership of the Autonomist Donetsk - Luhansk Regions.
This corresponds, morever, to a well known Criticism routinely exerted by the CoE (and particularly its competent CLRAE body) vis a vis all Ukranian Governments of the Past, as well as in some other Countries which had a similar situation in the Past, (f.ex. Greece, the Netherlands, Turkey etc), until most of them Changed their Legislation in order to adapt it according to CoE/CLRAE's Principles, where the Leaders of Regions weren't previously freely Elected by their Populations, but, on the contrary, Unilateraly Appointed by the Central Authorities of the Country.
That's why, in addition, one of the most expected Constitutional and Legislative Reforms for that crucial "De-Centralisation of Power" that has been promissed by Ukranian President Poroshenko, as a basis for a Peace Settlement of the Ukranian conflict, was from the start, and still is, at least to recognize the Legal existence of Regions, able, inter alia, also to freely Elect their Leaders, according to Draft New Laws due to be adopted asap. by the Ukranian Parliament for the Future.
Otherwise, as things still stand Today, it's as if some were pushing the Autonomists of Donetsk/Luhansk regions, either to practically abdicate and abandon any Wish to become an Autonomous Region of Ukraine, but limit themselves only into electing a few, Different Mayors of some Cities and/or Villages, separated one from another, or, on the contrary, to obliged thal to have No Other Choice, but just to become realy "Separatists", and ask for a Total "Independence" of their areas, according to an obvious argument "ad absurdum"....
Thus, obviously, it's only an adequate Regionalisation (if not Federalisation) of the Country which might offer an appropriate Solution for a Compromise Peace Agreement, able to both respect the Territorial Integrity of Ukraine, and the aspirations for Autonomy on the Donetsk/Luhansk Regions.
- "We shall see if Kiev might, eventually, accept, or not, definitively such a possible Compromise", added carefuly President Frecon, in reply to relevant "EuroFora"s observations in this regard.
By a Symbolic Coincidence, the competent CLRAE's President said that to "EuroFora" on the sidelines of a CoE's WDF event organised at the Headquarters of Strasbourg's Alsace Region, (which, as all the other French Regions, in addition to its Historic specificity, naturally has an Elected Assembly and an Elected President : Philippe Richert, who is one of the co-Organizers of CoE's "World Forum on Democracy", (Comp. Photo Supra)...
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At any case, such a Peaceful Solution to the current Crisis would practically mean that the local Elections at Donetsk and Luhansk should take place not under the pre-existing Ukranian Laws of the Past, but, rather, "according to the Future Laws" of Ukraine on the most important issue of "De-Centralisation of Power" that the President of the Country, Pedro Poroshenko, has already anounced, promissed, and even, at least partially, Drafted (including with Official Documents recently presented to the CoE for appraisal (Comp. Supra), replied also to "EuroFora" the experienced, long-time former Secretary General of the CLRAE, and former Director of the Political Office of one of the most Important CoE's former Chiefs : French Professor Catherine Lalumiere, (currently President of the PanEuropean Network of Political studies' Schools, and present now during CoE's Annual "World Forum of Democracy" in strasbourg), Ulrich Bohner, from Germany.
***
("DraftNews", as already sent to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).
***
EUParliament vPresident Wieland to ERFRA on Past Error slamed by KOHL on Greece(+Russia):For Turkey?

*Strasbourg/Angelo Marcopolo/- Reacting earlier to Denunciations, as those revealed Today by the German Press in former Chancellor Kohl's new 2014 Book, on 1999-2002 Past Errors, mainly by some former Socialist Politicians, on €uroZone's too Early enlargement to Greece, etc. (See Infra), the experienced EU Parliament's vice-President, long-time mainstream ChristianDemocrat/EPP MEP from Germany's currently Governing Party, Reiner Wieland, stressed to "EuroFora" that the real Reason or Motivation for which such Blunders had been committed then, was, in fact, that those Politicians "wanted to bring Turkey to the EU", rightfully pointing at the astonishingly Simultaneous, then, Push towards Ankara's controversial, Unpopular and Costly EU bid, whose manifold Negative Consequences affect Europe still Today (See Infra).
Could something similar, at least partially explain even the 2nd big Topical Criticism that Kohl's New Book, due to be published Next Week at nearby Frankfurt, during a visit of New EU Commission's President Junker, reportedly makes also against some more recent, US-led attempts to push Russia away from the G8 and other EU/Global cooperation ?
-----------------------------

Historic German f. Chancellor Helmut Kohl, who is famous for the ReUnification of "Deutschland", Prelude of a Wider ReUnification of Europe which culminated with the 2004 EU Enlargment, as well as for the creation of €uroZone, in addition to his stance on certain BioEthical issues, etc., reportedly denounces, in his New Book, mainly the Decisions taken back on 1999-2002 for a Too Early Entry of Greece in €uroZone, while the Country was still Unprepared yet, added also to an even Wider "Softening" then of EU's Economic and Monetary Union's basic Principles. (Something which doesn't exclude at all to call, Today, for the EU to show "Solidarity" to nowadays Greece, as long as it makes now the necessary Hard, and sometimes even Tragic Efforts to try to realize adequate Reforms, as he adds).
But he also criticizes some other, subsequent, more recent, Foreign Policy Decisions of 2014, which turned Back the International Communiity from G8 to only G7, followed by US-led controversial EU Sanctions against Moscow, in what can be taken as attempts to "isolate Russia", but has started to impact even EU's own Economy, etc...
-------------
- It was a "Fundamental Blunder", by those who let Greece enter Too Early in €uroZone and Softened EU Stability Pact's conditions more widely, despite the fact that "Warnings didn't lack" even then, and "anyone who would have looked closely, couldn't miss to become aware" of the fact that necessary Reforms should have been done before that, Kohl's reportedly denounces now, apparently leaving, however, open the crucial Question WHY those 1999-2002 former Socialist EU Leaders, might have done that...
+ Moreover, concerning now Russia, after denouncing as "abrupt and oppressive" a June 2014 decision to push it out if the "G8", Kohl calls all involved to be "Careful", and warns that both EU and Ukraine, together with Russia, risk "to lose all that which we had achieved" previously, by putting an End to the former "Cold War" and Europe's Division, (symbolized by the Fall of Berlin's Wall, whose 25th Anniversary will be celebrated in Berlin on November 9, around Chancellor Angie Merkel, herself a former "RDA" Scientist who had personaly witnessed the Dividing Wall's End, before starting to work together with Helmut Kohl for a ReUnited Germany),

--------------------------------
On the 1st point, Kohl had already denounced before, what he calls now the "Fundamental Error" of a "Too Precocious" Entry of Greece to €uroZone, decided back on 2000-2002 by his Socialist successors at the Government in Berlin, and particularly since former Chancellor Gerhard Schroeder was obliged to accept a Coalition, for the 1st time, with controversial former "Green" Politician Joshka Fischer, (a former Leftist worker of American "General Motors" OPEL Car Compagny, turned later to an USA "Liberals" favorite, hired by several American Universities and Private Foundations, f.ex. of former "Dem. Party"'s F.Minister Allbright, including by mainly Turkish "Nabbuco" Pipeline old project for a "6 digit Salary", after being married, for a 5th time, now with an Iranian, while pushing for a Top Career in his Party the recently declining, initially "Socialist" turned afterwards "Green" politician of Turkish origin, Cem Ozdemir).
The previous such Denunciation by Kohl was made back on September 2011, during the official State Visit to Germany by then Pope Benedict, with whom he met at nearby Freiburg, (comp. "EuroFora"s NewsReports from that Papal at Freiburg, etc), while the present one, by a Coincidence, also takes place at the beginning of the Month during which, New Pope Francis is due to visit EU Parliament and CoE in Strasbourg, on November 2014, just before visiting, only a few Days later, Turkey, while Topical issues related to the Historic Christian Roots of Europe, as well as its Identity and Future are expected to be at least evoked, (a matter more and more stronger felt by many European People, as recent Polls, various Popular Protests, "Hot" Discussions at the Internet, and even various Electoral Votes reveal).
But Kohl apparently hasn't, at least until now, (at least not in a way reported by mainstream Media), ever explained clearly WHY such a Gross Blunder, even despite several Warnings (as he denounces Now), was committed back on 1999-2002, when EU accepted a Too Early Entry of Greece in €urozone, even Before the Country had ever accomplished the Necessary Reforms, and while even a Growing Debt was unfolding already since then, (even if artificially Hidden in some controversial Statistics then, behind USA's "Goldman Sachs" Financial Compagny's "Swaps", which costed a lot of Money to be paid by the Greek People later-on, as also an EU Parliament's Hearing, in recent years, clearly revealed : See f.ex. : ....).
In fact, (as "EuroFora" has already described, f.ex. as early as already since our 2009 NewsReport from the 2009 EPP Summit at Bonn, Germany : http://www.eurofora.net/newsflashes/news/merkelbonn.html), that controversial EU Decision served immediately, from the beginning of April 2000, into ensuring an unexpected survival, in the National Elections, of the then declining PASOK Government of former Prime Minsiter Simites, (in power since 1996, and former long-time Minister), despite an almost 50 - 50% final score vis a vis former Opposition Leader Costas Caramanlis, (a ChristianDemocrat/EPP politician who had to Wait until 2004 in order to clearly Win the Elections and succeed to Simites), alowing PASOK to stay in Government for 4 more Years (2000-2004).
That move became also linked with the Unprecedented, sudden Dismissal of the former ChristianDemocrat/EPP Santer's EU Commission by a Majority in EU Parliament, back on 1999, immediately succeeded by Liberal-"Socialist" Prodi, which brough also a Change of the competent EU Commissioners from France's De Silguy (a ChristianDemocrat/EPP), to Portugal's Solbes (a Socialist), the former being Positive but Careful on Greece's €uroZone entry prospects, while the latter appeared to praise a lot the then Greek Government's reported "Growth" exploits, judging by what both succesively said then to "EuroFora"s co-founder for Publications particularly to Greek "MPA" Press Agency.
The main reason for which Big EU Countries' Governments, most Socialists then, (with UK's Blair, France's Jospin, Germany's Schroeder/Fischer, Italy's Amato, Spain's Gonzales, etc., while USA's late Cinton/Gore's Presidency was still there until 1999-2000), had accepted to do such a Big Favor to PASOK's Semites in small Greece, despite the Dangers that such a Hasty Move might provoke to the Detriment both of Greek People and of all Europe, (as it was revealed later-on, particularly since late 2009), is, indeed, particularly a simultaneous Geo-Political Deal :
>>> - Greece closed its mouth on many Obstacles to Turkey's controversial, unpopular and costly EU bid, (exceptionaly Gross Violations of Human Rights, Democracy, International Law, War-threats at Aegean Sea, illegal Military Invasion/Occupation of part of Cyprus, etc). In exchange, Socialist EU Leaders of that period wouldn't say anything about PASOK Government's mostly Hidden Debts, which normaly should have Delayed Greece's entry to €uroZone for some Years, until Athens made the Necessary Reforms, particularly on the notoriously Excessive Number of many Counter-Productive Cushy Job holders and/or Political Lackeys, several of whom were even Abusive, Corrupted and/or Criminal, that successive, mainly PASOK, Clientelist/Nepotist former Governments had scandalously appointed to the Public Sector or even at State Agents' Jobs, for now more than 30 Years : 1981-2011+, overburdening the Productive Private Business sector, as well as Poor People, with too Heavy payments and/or deprivations to suffer for those Overnumerary, mostly useless Public Servants' salaries, primes, holidays, healthcare, pensions, and other regular benefits for many Decades, (which resulted, finaly, to the well-known, Huge Problems inside €uroZone, unveiled since 2009-2011.
Thus, the above mentioned Double Deal of 1999-2004 : "Turkey in exchange of €uroZone" (Comp. Supra), provoked, in fact, so many Negative and Dangerous Problems to the detriment of the EU, that, as it's well known, it led even to 3 "No" to EuroReferenda in France, the Netherlands and Ireland, between 2005-2007, (particularly since many EU Citizens didn't want even to think about a Risk for Turkey's notoriously UnDemocratic, Oppressive and Retrograde Regime to enter inside the EU...), Blocking the scheduled adoption of EU's Constitutional Reforms.
So that Europe had, then, to Wait until many Years later in order to become, later-on, anew able to make the necessary Institutional Reforms thanks to the "Simplified" Lisbon Treaty's changes, (after 2010, i.e. more than 5 Years later, and at a lower level of integration than what the initially scheduled EU Constitution had proposed earlier, on 2005). One among a series of Negative Results, is also the fact that both the EU and €uroZone have still to Struggle, until recently and even Today, on 2014, in order to Build and complete, at last, that level of Institutional Integration that Needs the European Economy's obligation to efficiently face and get out of the Global Crisis.
=> In Consequence, even Nowadays, the May 2014 EU Parliament Elections' notoriously exceptional Boost to many "Euro-Sceptic" MEPs, various Leftists or Rightists, etc, is naturally part of the inevitable Popular Frustration, in large parts of the European People, which results mainly from that long Series of Problems, (in EU Economy, Identity, real Values, Mass Immigration without real Cultural and Social Integration, etc), which were Provoked, in fact, since those "Fundamental Blunders" that Helmut Kohl apparently decided to strongly Denounce Today, even more clearly than ever, with his New Book, titled "Because we are Concerned for Europe", which is due to be fully revealed in Public, between Next Monday and Wednesday, November 3 to 5, in Germany.
----------------------------

Significantly, Kohl is due to present his New Book on Monday, November 3, 2014, at nearby Frankfurt, together with the incoming, New EU Commission's President, experienced former long-time Prime Minister of Luxembourg, as well as former Chairman of €uroGroup, Jean-Claude Juncker, who is the 1st ChristianDemocrat/EPP to Head EU Commission, after the notoriously favorable to Turkey's controversial, unpopular and costly EU bid, out-going EU Commission's President, former Portuguese Prime Minister, Jose Barroso, (who chaired EUCom. during all EU - Turkey Negotiations' period : 2004 - 2014).
He had been preceded, (during the December 1999 Helsinki EU Summit, which recognized a controversial "Candidate" status to Turkey, unexpectedly, even at the Surprise of then France's EU affairs Minister, current mainstream MEP Alain Lamassoure) by the Center-Left, Social-Liberal former EUCom. President Romano Prodi. To whom had been suddenly given the Brussels' Top Job immediately after an unprecedented ousting of the previous EUCommission's President, former Prime Minister of Luxembourg, Jacques Santer, by a brutal U -Turn of a tight Majority of MEPs in EU Parliament, back in Strasbourg on 1999, for quite unclear real reasons, (since the main scandal unveiled then - a controversial Deal with a Private "Security" Business concluded in Brussels - dated, in fact, from the times of his predecessor, Jacques Delors, i.e. another Socialist)...
----------------------------------------------

On Russia - EU GeoPolitical links, Kohl has notoriously co-founded a series of "Trilateral" Summits between France, Germany and Russia, together with former long-time French President Jacques Chirac, and former Russian President Boris Yeltsin, on the sidelibes of the PanEuropean 2nd Summit of CoE's Heads of State/Government, as early as already since October 1997 in Strasbourg, (where "EuroFora"s co-founder will never forget to have suddenly met, by Surprise, at a corridor of that Historic CoE's Summit, all "Big Three" : Kohl, Chirac and Yetsin, walking right in front of us, and smiling... Something which isn't so frequent at all after 9/11's hyper-Security measures, which have since provoked unprecedented Obstacles between Top Politicians and Journalists, Worldwide, that certain new Leaders (including, at least partially, incumbent German Chancellor Angie Mekel, a.o.) often try to overcome recently).
And it's also, in fact, with a Trilateral Summit together with Russian President Vladimir Putin and German Chancellor Angie Merkel, back on September 2006, that long-time f. French President Jacques Chirac marked the main GeoPolitical Legacy that he apparently wished to leave for Posterity, as early as since September 2006, at the Historic Castle of Compiegne, where he chose to salute his guests, Symbolically, in front of a Spectacular, almost 1 Km-long, eye-catching Clearing in the middle of a Hill's Wood, that Emperor Napoleon had reportedly created in a grandiose move, pictured also at a landmark Painting inside that same Castle, titled "Napoleon's Dream", i.e. something well-fit for a precocius prelude to what, later-on, Historic French President the General De Gaulle, has notoriously called "the Greater Europe : from the Atlantic (Ocean) to the Urals (Mountains)".
----------------------------------------------
But, Today, the manifold Problems provoked to the detriment mainly of Europe itself have become obvious, including against EU's Economy which notoriously faces a Slow-Down since the Ukranian Conflict turned Bloody and USA-led Economic Sanctions were imposed against Russia which started to "reply", (as even OECD's Head, Angel Gurria, recently told "EuroFora" : See ....),
after those Events which turned a formerly Peaceful until recently Ukraine, able to become an ideal "Bridge" between EU and Russia, on the Contrary, into a Bloody and Deadly War-stricken Country, where even an initial EU-brokered Compromise Agreement between all the former Opposition Leaders and former President Yanukovich, signed in Kiev in the presence of 2 EU Foreign Ministers from Germany, France and Poland, the same Days that an important Franco-German Summit was held in Paris back on February 2014, but Brutaly Topled one Day later, particularly after unidentified yet "Snipers" suddenly started to Shoot and Kill both Policemen and Demonstators, with Bullets reportedly Fired from the Same Direction, provoking a Violent Bloody Clash, which practically resulted in a Politicaly and Geographicaly Divided Country, whose parts are too easily Manipulated from outside, various European or even Non-European actors, while Grave Errors, and particularly the Killings and serious Sufferings brutaly inflicted to many Thousands of innocent, unarmed Civilian People, obviously risk to Alienate the Populations of one part of the Country from the other, unless the recently agreed Cease-Fire and Peace process really succeeds to advance further until a mutually acceptable Political Solution, which is Urgently Needed.
As for persisting attempts to undermine EU's Strategic relations with Russia, from Energy supplies' issues up to G7-G20 Summits' participation, at least part of the reply seems, in fact, to be also Turkey :
- Concerning Energy, it's already an Old Story to attest several - mostly Failed - attempts of some lobbies to provoke Problems to Gas supplies from Russia towards the EU, (as well as from Cyprus, etc), i.e. inside a great Europe, while, at the same time, those same lobbies push, at any Cost (Political, Financial and even Human Rights') to search to find some oil/gas, even from far away, mainly through controversial Asiatic Turkey..
- As for the G8-G20 Global coordination issues, Timely, the Denonciation by Helmut Kohl of recent attempts to "Isolate Russia", f.ex. already at the latest, June 2014, "G7" Summit in out-going EU Commission President (and former Portuguese PM) Barroso's Brussels, comes at the same moment that Socialist French President Hollande has just pointed towards the take-over of G20's Chair by Turkey, for the 1st time in History, on 2015...
And, to the natural Question : - "WHY Turkey has been admitted inside the G20, while, on the contrary, this "International" informal gathering hasn't any Member at all from the entire Continent of Africa (the biggest in the World, and notoriously full of Natural Resources), not even fast-developing, Space High-Tech player, and BRICS' member, South Africa ?", an interesting Reply has already been given, recently, by experienced former French President Sarkozy :

- "For the G20, our American Friends couldn't come without their usual partners, such as Turkey", revealed, as far as the initial, 2009-2011 G20 meetings are concerned, (i.e. mainly under current USPresident Obama, 2008/9-2016), in the wider framework of a larger discussion, during recent years, Sarkozy, (who is topically visiting nearby Nancy, the same Day of Juncker-Kohl's Book encounter at nearby Frankfurt : Comp. Supra).
(../..)
------------------------------------
***
(NDLR : "DraftNews", as already sent to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version, might be Published asap).
***
ECHR: State Failure to prevent Crimes' Impunity by undue Prescription is ill-treating Victims

*Strasbourg/Angelo Marcopolo/- A quasi-Unanimous ECHR Judgement, (supported by 10 votes against only 2), stressed that CoE's Member States are obliged to Protect Citizens from any Aggressions consisting in Torture or Inhuman/Degrading Treatments, even caused by other Individuals, and have to engage Prompt and Efficient Investigations in order to Find and Punish those Responsible for any such Crimes, without undue Delays which might allow to the Criminals to Escape from Any Sanction and benefit from a Total Impunity, f.ex. under Pretext of Time-barred procedures by a provoked "Prescription".
The Victim, an elected Mayor, had gone, together with the competent Municipal Agents to attest the areas which were reserved for a Forest, but had been illegaly usurpated and still Occupied by 2 Villagers, who Attacked him with Insults and Violence provoking Wounds necessitating a Medical Operation at a Hospital and putting him out of Work for almost a Month, according to the Judgement.
The Turkish Authorities, however, while condeming the Accused Individuals for simple .. "Insults" to some Turkish Police Officers, on the Contrary, they blatantly Failed to inflict to the Aggressors any Sanction, whatever, for the "Traumatism" of a "Fractured Jaw", which had put him Out of Work for "25 Days", as "many EyeWitnesses had confirmed", it results from ECHR's Judgement.
Indeed, many Yeas after the Facts, and despite a Complaint lodged by the Victim, later-on, he was surprised to find out that the Turkish Courts, after several Delays, finaly .. droped the case, leaving the Aggressors in Total Impunity.
In the present case, "the Victim complained that the National Authorities Failed to Act Promptly, in the Criminal Procedure directed against those Responsible for Violent Acts against him", ECHR notes.
The PanEuropean Convention on Human Rights obliges all CoE's Member States "to take adequate Measures in order to Hinder for Persons to be Submitted to Torture or Inhuman/Degrading Treatments, even by private individuals", as it results from its "Article 3 (prohibiting "Inhuman or Degrading Treatments"), combined with Article 1 (obliging all CoE's Member States to "Secure to everyone within their Jurisdiction the Rights and Freedoms defined"), ECHR's Judgement stressed from the outset.
Indeed, States' "Obligation to Protect... Individuals extends to the Efficiency of a Criminal Investigation", underlined ECHR, and this "is Not Limited only to ill-Treatments by Agents of the State", but includes also aggressions by other individuals, "in order to ensure the application of (Human) Rights guaranteed by Article 3 of the (European) Convention (on Human Rights)", which prohibits Inhuman/FDegrading Treatments, ECHR's Judgement clarified.
Any CoE Member "State's obligation, vis a vis the Article 3 of the (PanEuropean) Convention (on Human Rights, which prohibits "Inhuman and Degrading Treatments") cannot be met if the Mecanismes of (Victims') Protection, in National Law, don't exist but only in Theory", instead of being "Effectively Functional in Practice", stressed ECHR,
This must include also a "Prompt and without Useless Delay" examination of the case, so that "the Protective Meccanisms ... can operate in real practice at a reasonable laps of Time, allowing to Conclude in the substance of the concrete cases presented before them", ECHR added here. Because "a need for reasonable Speed and Diligence exists implicitly in the Obligation (of States) to Investigate" Crimes.
-----------------------
In this affair, the Victim had even to be operated for une fracture at a Dental Clinic, ECHR observed.
Nevertheless, almost 8 Years after the victim lodged a complaint, the Turkish Courts found that the procedure against his aggressors had been Time-barred by Prescription, the Strasbourg's Judgement notes.
And the Victim "denounced the Fact that Delays affecting the Procedure had finaly allowed for all those Accused to benefit from Prescription and Escape from Any Sanction", the Judgement points out.
=> Therefore, "the National Authorities Failed to meet their Obigation to ensure that those accused and prosecuted for Insults and voluntary aggressions and wounds, should be Judged Fast enough to avoid that they might benefit from a Prescription", concluded ECHR, finding "Inadmissible" a "so long Delay", even for a case "without a great complexity".
(../..)
***
(NDLR : Fast Translation from the original ECHR judgement, available only in French. "DraftNews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version might be published asap).
***
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The recent paradox of freezing EU Talks with front-runner Croatia, while continuing controversial EU - Turkey talks, despite Zagreb's acceptance of Refugees' Human Rights to return, that Ankara refuses fex. in Cyprus, while both have "Good Neighborhood" problems vis a vis Slovenia, or Greece, Cyprus and Armenia respectively, can it be justified by the non-fullfilment of EU criteria, as Slovenia says, or, is it "Double Standards" ?
The question became unavoidable after statements by Presidents of Slovenia and Croatia, Tuerk and Mesic, respectively, to "EuroFora", exclusively or among Strasbourg's journalists this week at the CoE, on the sidelines of its 2009 Summer University for Political Schools, which topically brought them together as successive key-note speakers.
Comming only a few Months before EU checks Turkey's compliance to its commitments on Cyprus, etc., scheduled for December 2009, this obviously has a special importance for the coherence of EU Enlargement's principles.
Suspension of EU Negotiations is a normal consequence in case of a Candidate Country's failure to fullfil EU Conditions, such as "Good Neighborhood relations", stressed at first Slovenian President Danilo Tuerk, current CoE's chair.
But, regarding EU's Criteria, there shouldn't be any "Double Standards", reacted Croatian President Stjepan Mesic, commenting the fact that Turkey's controversial EU negotiations continue, while they were recently "freezed" in the case of Croatia, an "unquestionably European Country", which oficially accepts to respect Refugees Human Rights, contrary to Ankara's notorious refusals or reluctance.

Questioned earlier what "consequences on EU's Enlargement policy" can have the "Ban on EU Membership Negotiations", imposed to Croatia, Tuerk replied that "this question comes down to the fulfillement of (EU) Criteria for membership. One has to look at each Candidate Country ., from the point of view whether it fullfils the Criteria that EU has set. One of them are Good Neighborhood Relations, I'd like to remind. And also, there are other factors, such as Justice, Home affairs, Rule of Law, and others".
- "Now, ..Candidate Countries are at Different Levels of fulfillement of Criteria", he observed.
- " Croatia is obviously the closest to that. I'm rather optimistic : I think that in the coming Months we'll have an opportunity to look at all these issues constructively and hopefully we'll be able to make progress". "My main concern, at this point, is the situation in Bosnia : We haven't seen enough progres domesticaly. We haven't seen enough during ..political parties within their country.We need a New Energy, a new energetic move towards the Candidature for EU membership. "Other (Western Balkan) Countries (Serbia, Montenegro, FYROM, Albania) have been making soaring Progress, and I think that they should be ready, in a few Years, for the Candidate status".
- "As far as the Western Balkans are concerned, .. nobody should be left outside" the EU, Slovenian's President concluded, ommitting to mention Turkey's controversial EU bid.
- "This process may be seen as Slow, but.. Slovenia has also has also been exposed to various "Booms of Slowness" in our accession period. But now we can say that the process was relatively quick, because changes which occur after becoming EU member, are quite large, and they require proper Preparations before the (EU) membership becomes a new factor, an impacting line for a new (EU) member country".
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EU "Solidarity" ?
------------------------------
Slovenian statements made some participants from certain 3rd Countries as FYROM, etc. claim that "the Principle of EU Solidarity" would "produce a.. rising European Union Nationalism (sic !), against Non-EU Countries", as they said, asking unhappy foreign countries to form a "bloc" to exert pressure on the EU...
But Croatian President Stjepan Mesic dismissed that, supporting "EU Integration", "after the Economy also in Political" issues, as "the achievement" of our times. In EU there is "diversity, but it's United", he stressed, "EU has to be United so that it can become a central factor of Peace" also at the surrounding areas, he replied.
Speaking later exclusively to "EuroFora", the experienced twice President of Croatia, former President of the International "Non-Aligned" movement, denounced "Double Standards" in the way EU treats recently Croatia compared to Turkey :
- "I think that there shouldn't be Double Standards", stressed the Croatian President, in reply to a Question comparing the freeze of EU - Croatia talks, with the continuation of EU - Turkey talks, despite the fact that Croatia is an "unquestionably European country", while Turkey's EU bid is notoriously controversial.
Mesic was reacting to the observation that, even if he confirmed his "respect of Refugees' Human Rights to return, etc. (See infra), nevertheless, EU talks are suspended with Croatia.. While for oher, controversial candidates, who refuse to respect Refugees' Rights to return, etc., as fex. Turkey does in occupied Cyprus and elsewhere, EU negotiations continue".
- "I believe that Croatia's accession will confirm that all European Countries who fulfill all of the Conditions and achieve European Standards, have to join the EU. There shouldn't be any Double Standards", went on to add in reply President Mesic.
In this relation, Croatia's President found "of paramount importance", CoE's "mechanisms enforcing ECHR's judgements"
- "On Refugees and Displaced persons, the process will be completed only after the last person demanding to return will be allowed to do so !", President Mesic Croatia stressed earlier, setting a general standard of obvious importance also for otherr candidates, as f.ex. Turkey, often accused to exclude or heavily restrict Greek Cypriot Displaced persons' return to their Family Homes and ancestral land, provoke difficulties to Turkish-Kurd IDPs return to their home regions at the South-East, etc.
Some "2.000 People are still reported Missing" in former Yugoslavia, for some Years, (as in Cyprus, modern Europe's oldest case, for 3 Decades. Nagorno-Karabach, Tcecnya in Russia, etc, more recently), and Investigations "will only be completed after establishing the fate of the last one of them", he added.
Speaking earlier on "War Crimes", President Mesic stressed that "Leaders are responsible for (the) Wars (of the Past), not the People", and called against Impunity : "Individuals have to be held Responsible for Crimes. International Penal Tribunals have to persecute those individuals", perpetrators of War Crimes, he underlined.
Such statements naturally made Mesic rather popular at ECHR, whose President, French EuroJudge, Professor Jean-Paul Costa, looked particularly smiling when he welcomed him later on Wednesday afternoon, after Slovenian President Daniko Tuerk earlier this week.