newsitems CoE Chief Swiss Foreign Minister Calmy-Rey to EuroFora: Debate ECHR's Future, Nature + Free Media
CoE Chief Swiss Foreign Minister Calmy-Rey to EuroFora: Debate ECHR's Future, Nature + Free Media
- "It is important" that "we ...start debates on ECHR's future", "in order to ensure the application of Human Rights standards in the same way throughout all the European continent", and "take initiatives" to "bring in New Ideas that will make the system more efficient", stressed the incoming CoE President in office, Swiss Foreign Minister Micheline Calmy-Rey in reply to "EuroFora"s questions
At the same time, Rey, also expressed CoE's "will" to act for the protection of Natural Environment, and Freedom of Press, as she added in reply to other "EuroFora"s queries. evoking "concrete" measures in real practice, during the 6 Months of the Swiss CoE Presidency, (November 2009- May 2010), that she presented together with CoE's new Secretary General Thorbjorn Jagland.
Her first reaction was vis a vis an "EuroFora"s observation on the plight of Refugee' Children, revealed the same Day at a crucial ECHR's Hearing in Strasbourg : The real cases of 3 Greek Cypriot Children, brutally obliged to flee from their Familiy Homes after the Turkish Military Invasion and Occupation of the northern part of Cyprus, and still hindered by Ankara to return, while the Father of 2 of them died in 2005 waiting for ECHR's judgements, which sometimes take 10, 15 or 20 Years to be issued and have not yet been fully applied, as it in the Onoufriou and Ariana Lordos affairs.
The move timely came when CoE's Committee of Ministers just adopted Guidelines for the protection of Children from violence, the same day of ECHR's crucial Hearing of 8 Greek Cypriot Refugees' cases, and at the eve of UNO's International Day of action for Children on the 20th Anniversary of the UN Convention on the Rights of the Child, on Friday 20.
This naturally incited the incoming CoE President-in-office, Swiss Foreign Minister Micheline Calmy-Rey, in reply to our questions, to promise more imminent moves to "strengthen" the system for the protection of Human Rights in 2010, in order to better protect European Citizens' rights, in such and other cases.
- Today, while you anounced that No 1 Priority of CoE's Swiss Presidency will be Human Rights, and that the Ministerial Committe adopted Guidelines for Children's Rights, at ECHR's Hearing (on Cyprus' Refugees) we've just seen that Children expulsed from their Family Homes when aged only 2 or 7 are still hindered to return, and, meanwhile, saw their Father die, waiting for ECHR's judgements, which in such cases sometimes take 10, 15 or even 20 years to be issued and applied, "EuroFora" denounced at a CoE's Press Conference, to which participated also the new CoE's Secretary General Jagland. Is there any hope, during your Presidency, (i.e. up to May 2010) to make the whole System for the protection of Human Rights, from the Court up to the Committee of Ministers (i.e. inclusing execution of judgements), more efficient, in order not to have this kind of situations in the future ?", we asked.
Facts were revealed on the sidelines of an ECHR's Grand Chamber Hearing, exceptionally attended also by many Judges from various other Countries.
- "If You are asking me whether there will be Initiatives that we could take during the Swiss CoE Presidency in order to produce results, which could give a message to strengthen ECHR's efficiency, "my reply is "Yes", otherwise, we wouldn't undertake anything !", sharply replied to "EuroFora" the incoming CoE's President-in-office, Swiss Foreign Minister Micheline Calmy-Rey.
- "Of course, we (i.e. the incoming Swiss CoE Presidency : November 2008 - May 2010) we shall try to bring in new ideas in order to make the system (i.e. ECHR and Committee of Ministers, as "EuroFora" had asked) more efficient", she promised.
- "In order to ensure than all Citizens in Europe, who have a pending case (at the ECHR), will have a (real) right to a judgement" on time. she stressed, in reply to "EuroFora"s"question on a Greek Cypriot Refugees' Family where the Father had tragically died before his expulsed Children and wife could even be heard by ECHR in Strasbourg...
- "This is an essential commitment of the CoE", she stressed
- Advancing further, CoE's new President-in-office launched a call for more "Political involvement of other CoE's Member States" to boost ECHR's efficiency. "- "We are counting also, very much, on that", she stressed.
- "This (panEuropean) Court is important, in order to ensure the application of Human Rights standards in the same way throughout all the European continent", and "we must start debates on ECHR's future", culminating on decisions due at a High-level Ministerial Conference at Interlaken on February 2010, she added.
But "it's not in just 6 Months of Swiss CoE Presidency that we believe to be able to fully achieve such a task, on which we are working together with our Slovenian predecessors, to try to stregthen (ECHR's efficiency), and which, I want to believe, will be continued by the presidencies which will come after us", Micheline Calmy Rey added, with a typically "French" style irony on the lips about the forthcoming ... Turkish CoE chairmanship : November 2010 - May 2011..
ECHR's final judgement in the 8 new Cyprus' cases heard today, is due to be issued "in about 5 or 6 Months", i.e. during the Swiss CoE Presidency, said meanwhile to "EuroFora" ECHR Grand Chamber's Legal Director Vincent Berger.
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On the sidelines of Strasbourg's ECHR's crucial Hearing, which has mainly to judge Turkey's attempt to block access of Greek Cypriot Refugees to Strasbourg's European Court, by obliging them to go first to a controversial "Commission" set up by the illegal Turkish Occupation regime in the Territories controlled by Ankara's Foreign Army, "EuroFora" learned by Refugee Children themselves their plight :
F.ex. Nicos and Demetrios Onoufriou, were young Children aged only 2 and 7 years old, when they were brutally expulsed from their Family Home at Morphou, Occupied by Turkey's Army and hindered to return since 1974. Now, they were in Strasbourg with their Refugee Mother, Eudokia, to ECHR's Hearing, waiting for Justice to be done. But their Father, Charalambos, had died meanwhile, on 2005. - "Every Sunday, the poor man tried to cross to the Occupied Territories and look at our Home from far away, with pain and sorrow, but hope", they said to "EuroFora".
Similar story with small Ariana : a baby girl aged only 2, living with her Family in an appartment at Famagusta's beautiful Seaside, when, suddenly, they were obliged to flee the invading Turkey's Military in 1974, and now they can only look the Ghost Town from far away behind the fences, blocked by the Turkish Army : - "ECHR's judgement on Loizidou gave us hopes", said her Father, Demetrios Lordos to "EuroFora" in Strasbourg. "Our Family was earning its living by the work done in Famagusta's Hotels", now a Turkish Military area of No-mans-land, added her Mother.
The initiative to call for a "High-Level, new Poliical boost" to a far-reaching EuroCourt's reform, was taken by ECHR's President, professor Jean-Paul Costa himself, as he anounced to Strasbourg's Journalists including "EuroFora" in a Press Conference in Strasbourg as early as since January 2009 (Comp. relevant "EuroFora" publication from the larger event).
As CoE's Director on Legal and Human Rights' affairs, Philippe Boillat told earlier "EuroFora", the Interlaken PanEuropean Conference is due to attract the active participation of several Foreign and Justice/Home affairs Ministers, Top Legal Experts, European/International NGOs, etc.. A crucial Report currently prepared by CoE's inter-Governemental Legal Experts (CDDH) is expected to present draft proposals to CoE's Committee of Ministers "from November, or so".
On the same occasion about Children's Rights, the out-going CoE's chair, new Foreign Minister of Slovenia, Samuel Zbogar, and new CoE's Secretary General Thorbjorn Jagland, jointly stressed also that, as a matter of general principle, "Nowhere in Europe should teenagers be detained as a result of political and security issues".
This was said on the occasion of denunciations for "prolonged detention of teenagers by the de facto authorities of South Ossetia", vis a vis which they expressed their "deep concern". South Ossetia's or Russia's reply is not known.
Given the fact that "teenagers", (considered as "children" according to CoE's standards, but not according to Turkish law), are notoriously held in controversial conditions in Turkey's detention centers, as EU Commission's latest, October 2009 Report denounced, in addition to the recent (Spring 2009) arrests of young demonstrators at the South-East areas, apparently CoE's leadership believes that this principle applies also to Turkey, and not only to Russian ally South Ossetia, unless the ommission of Ankara here might mean that Turkey is "nowhere in Europe", to follow the statements' wording.. As facts clearly show, no other logical conclusion seems possible.
Meanwhile, replying to other "EuroFora"s questions on other topical issues included in the Swiss CoE Presidency's Programme, Foreign Minister Calmy-Rey also anounced that :
- "On Natural Environment, there is certainly a commitment from our side. There is certainly a Political will to send a message. And of course the will to start a work which will be, we hope, continued afterwards", (i.e. even after May 2010).
She was responding to "EuroFora"'s observation that "on natural environment, among the Swiss CoE Presidency's priorities, is also the Bern Convention on the protection of Wildlife, with a 2 Days Conference in Bern on its 30th Anniversary, while, recently, CoE's Assembly voted for the recognition of a "Human Right to a Healthy Environment", and Russia is preparing to host in Moscow, during the Swiss Presidency, the 1st Ministerial Conference on the PanEuropean Convention on "Landscape", indicating a growing CoE interest for Nature.
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- And "on Freedom of Expression", "speeches are not enough", Micheline Calmy-Rey observed.
- "Swiss People are pragmatic : So, in concrete terms, we are going to put at the disposal of CoE's secretary General an Officer, to closely work together" on that area, she anounced, among other practical measures.
Thus, "we shall try to strengthen CoE's SG Jagland's secretariat, who has the same Priorities as us, on Freedom of Expression and Press. "So I hope that our joined forces can make together a difference", she concluded.
It's interesting to note the fact that CoE's New Chairwoman in office said that in reply to "EuroFora"s question on "On-line Media", as "EuroFora", for which CoE's Assembly recently denounced various serious problems against Freedom of Press, (evan after the famous Gongadze muder case in Ukraine, where the On-Line editor was found atrociously murdered, 3 suspects being arrested meanwhile, but not the mastermind yet), followed, also, by some possibly "positive" moves by certain CoE Member States, as, f.ex. France in 2009, to create a "Status for On-line Media Editors" (See previous relevant "EuroFora" publications).
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Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :
- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.
During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.
Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :
- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it. In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".
- "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".
- "It's impossible to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".
The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.
Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.
But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !
These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.
Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...
A comparison of these cases, raises serious questions about Double Standards :
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On TRANSPARENCY :
--------------------------
On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
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- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.
But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE !
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- On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
- On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".
On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...
Moreover, a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :
F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .
+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it was not possible to obtain the BalisticReport"...
- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).
Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /
They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------
- "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.
Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.
A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)
Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
- "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.
- "It's impossible to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
+ "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.
Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".
Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.
Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.
- "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice", stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
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