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Accueil arrow newsitems arrow CoE Expert Prof Aebi to EF on Penal Stats: Turkish Prison rate Booms, Supervision Grows, Cost Enigma

CoE Expert Prof Aebi to EF on Penal Stats: Turkish Prison rate Booms, Supervision Grows, Cost Enigma

Ecrit par ACM
mardi, 20 mars 2018
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*Strasbourg/CoE/Angelo Marcopolo/- From the Data and the Replies given to Questions raised by "Eurofora" and/or Other Journalists during a Press Briefing at the CoE in Strasbourg by CoE's Penal Statistics' Director, Professor Marcelo Aebi from Lausanne University, Switzerland, on the Latest Annual Stats about Prisons and Alternative Supervision Measures, several, more or less UnExpected Realities emerge, revealing some, more or less, Astonishing Trends throughout the PanEuropean area of some 47 Countries (with just a few exceptions, only for this year) :

 

coe_press_briefing_on_penal_stats_eurofora_400


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TURKISH PRISON RATE BOOMS !
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- First of all, even if it was already known that Turkey was one of the Exceptional Cases as far as "Prison Population Rates" (i.e. the Number of Jailed People per 100.000 Inhabitants of a Country) are concerned, given the notoriously "Hot" situation of Human Rights there, Nevertheless, even Experienced Strasbourg Journalists following and publishing for Decades on CoE's activities, were Surprized to Find out that, Nowadays, Turkey has become the Unique Country monitored by the CoE with such a Fast Deterioration during a whole Decade, that its Prison Rates show, by Far, the Highest Increase of all, between 2006-2016 : + 161,7% !  

 

 coe_stats__turkish_prisoners_rate_booms_eurofora_shot_400

 

This is Contrary to the General Trend, which is slightly in Favor of Decreasing that Rate in 19 Countries, opposed to 18, during that Same Period. And it repesents a Very Exceptionaly Big Increase Compared to All Others : F.ex. nearly X 3 Times More than the Next Increasing National Rates, as that of Albania (+66%), etc.  (See relevant Graphic).

Moreover, the Full Extent of that Phenomenon has Not Yet been Officially Registered and Compared, Because, curiously, the Data concerning that Notorious Huge "Tsunami" of Massive Arrests of more than +150.000 Dissident People Jailed in Turkey, sooner of later, particularly After that Strange, Short-Lived : 6 Hours-Long alleged "Coup" Attempt of July 2016, was Not yet Included in these CoE's Statistics, for "Technical" Reasons, as Professor Aebi replied to a relevant question by a Turkish Collegue... Indeed, that "Trend" towards an Exceptionaly Big Increase of ImPrisonment's Rate was steadily Going-on, all-along that Latest Decade, he observed.


+ In Addition, Turkey has also the Fewer Short Duration Sentences imposed to Prisoners (Less than 3 Years : Only 7,4% in cumulative Percentage, But the Biggest such percentage of LONGER IMPRISONMENT Sentences : 3 to 10 Years or more, (being Bypassed, nevertheless, just by Moldova concerning 3 to 5 Years Jail terms : 88% compared to 82,6% in cumulative Percentage, as well as, Surprizingly : by ...Greece, concerning 5 to 9, and 10 or more Years : Respectively 76,5% and 50,1%, compared to 70,3% and 44,9% in cumulative Percentages of Imposed Sentences).


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"ALTERNATIVE", SUPERVISION MEASURES GROW TOO MUCH...
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However, in most European Countries, an Initial Push towards "Alternative" Measures to Imprisonment, Risks to become even a "Supplemetary Sanction", considering, particularly, the Fact that it has "Grown" too much, Recently, going so Far as even to Bypass the Number of Imprisonments :


- F.ex., already on September 2016 there were 1.505.187 Inmates, but More persons Condemned to be "Supervised" by "Agencies" in charge of so-called "Alternative" Measures to Imprisonment : 1.628.016, according to CoE's newest available Data.


+ Replying to an "Eurofora" Question, Professr Aebi clarified that such "Alternatives" to Imprisonment or "Supervision" Measures concern, in real Practice,  a Large Variety of Concrete Techniques and/or Methods, Nowadays :


- F.ex., in Addition to Electronic Tagging ("Bracelet Eletronic" in French), they Include also "Community Serving" sanctions, (f.ex. Work for General Interest Tasks), Monitoring by Phone-Calls, Obligations to Visit Regularly the closest Police Offices, "House Arrest", Confiscation of Travel Documents (as Passports), etc...

- But "No" Electronic "Chips"' Implants, CoE's Penal Statistics' Director, clearly Excluded.


=> Could, such "Monitoring" Measures, and their Bigger than Expected Growth, eventually hide also a Risk for a Trend towards a Dangerously Wide-Spread "Supervision" of too Many People by certain "Agencies", sometimes even with more or less Controversial Methods ?


Professor Aebi's alert, seems, apparently, to Warn about an eventual such risk, in the foreseable Future.


However, a French Collegue Journalist, smiling bitterly, observed to "Eurofora" :  - "In Fact, something like that, has almost started to exist, in real practice, in one way or another, for ...All of Us !"... And she Noded affirmatively, when, in response, we pointed, half-joking, half-seriously, inter alia, simply ...Our "Smart-Phones" !

----------------------------------------------------

IMPRISONMENT COSTS' ENIGMA...
-------------------------------------------------------


 + Last, but not least, concerning the Material Conditions of "Life in Prisons", "Eurofora" also Questioned the CoE's Top Expert about his Team's astonishing Findings that, in fact, the Amounts of Money spent by 1 Prisoner/Day ranged, already as early as since 2016, from about 6 € (in Moldova), up to ... 359 € (in Sweden) :


 =>  i.e. a Difference of More than X 600 %, (= almost X 60 Times more, or less), from one European Country to anOther !


 - A Volume Level which is, obviously, Much Bigger even than the Differences between the Lower permitted Salaries ("SMIG" in France) throughout Various EU Countries :


=> Which are, Already, Too HIgh : F.ex., "only", about 500 €, compared to almost 1.5OO € per Month, i.e. a Difference of some X 3 Times Bigger Minimum Salary, (naturally indicating also, at least Partly, the general Cost of Everyday Life in a given Country), as "Eufora" reminded, withOut being bellied at all...


 - Why ?


 - Professor Aebi Replied, mainly, that the above-mentioned, much Bigger Difference in Costs (Comp. Supra), should, probably, be due to the Fact that, particularly several "Scandinavian Countries", (such as Sweden, etc), would have much "More Social Security" mechanisms than Other EU Countries, etc.


+ But also, probably, to the Additional Fact  that, mostly these Same "Nordic" Countries, use to "Invest More" in various "Infrastructures, Staff", etc., concerning also Prisons, while, almost at the Same Time, their Occupancy is much "Lower" than in Other EU Countries, as he added.


Indeed, - to take the Same Examples cited Above - in Moldova, the "Ratio of Inmates per total Custodial Staff" was, f.ex., on 2016, the Biggest of all in Europe : 9,9. While, on the Contrary, that of Sweden was one among the Lowest : Only 1,3 !


Such a Reasoning seems also Proven (almost "Ad Absurdum") in the particular Case of ... San Marino : Having Only such a "Ratio" of just 0,4, (i.e. : the Lowest of all), it was Registered as if it Spended, in Fact, an "Average Daily Expense per Inmate" of as much as 707,92 € ...     

 
However, there are also Various Other European Countries, which have also Low "Ratios of Inmates per ... Custodial Staff", (such as, f.ex., Monaco, with Only such a Ratio Prisoner/Staff as 0,9, and Ireland, with 1,6 added to Cyprus with just 1,8, which doN't Spend more than ...81 €, 188 €, or 73,5 €, Respectively, in their "Average Daily Expense per Inmate" on 2016...


=> Thus, it seems that there might, perhaps, be added also some Other Factors, in order to produce those Astonishingly Different Prison Costs per Inmate, already cited above.


Indeed, (Reacted in fine Professor Aebi, to "Eurofora"s above-mentioned Factual Observations), to put it in a NutShell, it all looks as that Film by Michael Moore, called  : - "Who to Invade Next ?", which, naturally, points towards Countries such as Norway !...


(../..)


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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

imag0335_400


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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