newsitems

 + 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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*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).

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+ "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.

*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".