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Home arrow newsitems arrow COE+OSCE Leaders v. Human Trafficking to Eurofora on 10 Years Experience (2008-2018)+the Way Forward

COE+OSCE Leaders v. Human Trafficking to Eurofora on 10 Years Experience (2008-2018)+the Way Forward

Pisac ACM
22. 05. 2018.

 

coeocde_antihumantrafficking_leaders_eurofora_400

*Strasbourg/CoE/Angelo Marcopolo/- On the Occasion of a well attended, 2 Days-Long, International Conference on Stock-Taking of 10 Years in Fighting versus Human Trafficking and Abuse, the Leaders of PanEuropean CoE's (47 States, incl. Russia+)) and Euro-Atlantic OSCE (57 States, incl. USA+) Organisations' activities in that area of Growing Importance during Recent Conflicts and other Crisis around Europe, stressed to "Eurofora" what they Believe to be the Main Challenges and Priorities Nowadays and in the foreseeable Future :

 

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 - The New President of CoE's Watchdog, composed by Independent Experts checking the Implementation of the relevant PanEuropean Convention against Trafficking in Human Beings ("GRETA"), Irish Jurist Mrs Siobhan Mullally, speaking to "Eurofora", stressed, in Substance, that, among the 3 main Practical Objectives : Prevention, Protection of Victims, and Punishment of Traffickers and/or those who Exploit such Crimes, what has Become more Urgent, Nowadays, is, in Fact, "Prevention".

 

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- Particularly, since the Recent Socio-Economic Crisis and Waves of various Displaced People towards Europe include also Many Children, as she noted, pointing at an Issue that GRETA has Just Examined also in a Special Research on "Trafficking in Children", which was Published this May 2018.

coes_antitrafficking_watchdog_gretas_president_mulally_from_ireland_eurofora_400


Significantly, 4 out of 5 Categories of Child Trafficking Risks, affect mostly European Children, such as, f.ex., "Not Registration at Birth", Children "in Street", "Placed in Institutions", and/or "from Disadvantaged Communities". Recently emerged also the Issue of "Unaccompanied or Separated" and "Irregular Migrant" Children. Between 2012-2015, Most of them, in Absolute terms, were Found in the UK (almost 2.500) and Romania (about 1.300). But in Percentage among All Various Victims of Human Trafficking, Children representred the Biggest Proportion of around the Half in Montenegro, Croatia and Albania, (53%, 51% and 43%), while they were, on the Contrary, Only a Small Minority in Cyprua and Austria, Denmark and Georgia, as well as in Slovakia, (3%, 4%, 5%, 5%, and 8%, respectively).


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

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- However, for the even Wider view of Euro-Atlantic OSCE's Special Representative and Coordinator against Human Trafficking, Ambassador Madina Jarbussynova from Kazakstan, Speaking to "Eurofora", stressed, in Substance, that, considering "Both Pan'European and UNO's" recent Data, what is currently Lacking most of all in the International Fight against Traffickingt of Human Beings was Efficient Persecution of those Responsible for such Crimes, in order to Bring them to Justice, to Fight Impunity.


+ In order to Strengthen the Efficiency of that Fight, CoE, OSCE and the UN need to Work Together, inter alia, also, particularly in order to Target, around the World, those "Chains of Supplies", which Exploit Forced Labour resulting from Human Trafficking, the OSCE's competent Senior Official also pointed out earlier, (See Infra).


- She had just, actively Participated in a Special Panel Discussion, explicitly Focused on current efforts for "Building Strategic Partnerships", together with a Representative of the "Organisation of American States" (OAS), and Other Key Experts, (See Infra).


-  Significantly, that Panel, obviously Important for the foreseeable Future, had been attended also by CoE's Director on Anti-Trafficking, Perya Nestorova, who Spoke to "Eurofora" both Before and After that Meeting :

 

coe_director_on_fight_v._trafficking_humans_nestorova_to_agg_eurofora_400


- Experienced Anti-Trafficking CEO Nestorova, who was the main Organiser, in practice, of this exceptional International Conference attended by about 150 Experts for the 10th Anniversary of CoE's relevant Convention (2008-2018), while speaking to "Eurofora", spontaneously Chose to Focus, indeed, on the Need for International Cooperation in the Fight against Trafficking of Human Beings : In this regard, she Regretted the Absence of an EU Representative, who had been Invited, and the Obstacles (by Lack of due Visa on Time) for a Representative of African Countries to arrive Timely in Strasbourg,  as well that of an ASEAN's Expert (despite a New CoE-ASEAN "Comparison" Study, just Published on this May 2018), that she found certainly Useful to Associate in the foreseable Future. But she Hailed the Active Presence of Both the OSCE's and OAS' Senior Officials.

 coe_antitrafficking_director_nestorova_at_plenary_eurofora_400

=> Nestorova revealed to "Eurofora", in this regard, that Tomorrow, on Wednesday, 23 of May, CoE organizes, indeed, an Exceptionaly Important Meeting with "National Coordinators" from Member States' Governments, as well as the OSCE's competent Representative, Kazak Ambassador Jarbussynova, (Comp. Supra), which will work behind closed doors because of the Sensitive character of those Issues, in order to Discuss and Decide on a Series of Practical Measures that they all intend to take, in closer Cooperation, in order to Better Face the Challenges already witnessed in the Past 10 Years, until Now, as well as to Forge a common Strategy Facilitating to Advance Forward Together in the Foreseeable Future, taking into account also the Latest relevant Developments, (especially in and/or around Europe).

 

+ Meanwhile, OAS' Representative, Anna Ochoa, had reminded (during the above-mentioned Special "Panel" on "Partnerships" : Comp. Supra + Infra), that the American States have explicitly Decided to Launch a systematic Anti-Trafficking Policy Later than Europe : mainly Since 2014. But, despite the participation, in principle, of more than 20 States, (including also the Caraibes), nevertheless, a Problem still was, f.ex., that Judicial Cooperation on that matter had Not yet been Established, except from 4 ou 5 interLinked Countries, including the USA, etc. However, Better Perspectives were Expected for the Recent Launch of a "Knowledge" Network in that area of activities, Starting from March 2018, (etc).

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

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>>> On the Contrary, for the European States, there are Clear Rules at CoE's Anti-Trafficking Convention, about what they should do, But, it seems that there is, until now, a real "Problem of Implementation", particularly as far as it concerns the necessary "Investigations" about Traffickers, observed British Ambassador/Permanent Representative to the CoE, Christoper Yvon, who is President of the "Committee of the (State) Parties", Monitoring how those Rules are Applied in real Practice.

 --------------------------

 coes_director_for_democracy_marcovic_eurofora_400

 - However, according to ECHR's Case-Law,  there is even a Legal Responsibility for COE's Member States to Take at least certain elementary Measures of Anti-Trafficking, because, Otherwise, they Risk to be Found "Accountable" for Human Rights' Violations, Warned CoE's Director-General on Democracy, Snezana Samardzic - Markovic, right from the Beginning of this Conference.

 

                                                          

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 -She pointed at ECHR's vice-President, Linos-Alexander Sicilianos, who Explained that, according to the Case-Law developed by Euro-Judges, States have a "Positive Obligation" to Take Certain relevant Measures, (as, f.ex., to "Criminalize" the Trafficking of Human Beings, etc), flowing from the PanEuropean Convention of Human Rights' Article 4, on "¨Prohibition of Slavery, and Forced Labour", which include Prevention, Help^to Victims, and Judicial Enquiries in order to find and punish those responsible for such Crimes, (as it results, f.ex., by the Famous case of "Rantseva v. Cyprus and Russia" : the Death of a Russian Girl in Cyprus, after she Tried to Escape from Pressure to become a Prostitute, but also from 2 Other Cases concerning Greece, etc, as he noted). Moreover, "from 2017", the ECHR started to make even Explicit and Direct References to "GRETA"s Findings and/or Recommendations, thereby creating "Synergy".


But the Most Moving Event was, unquestionably, that of a Session dedicated to the original Testimonies of Victims who "Survived" Human Trafficking, and Described their traumatic Personal Experience :


- According to Spanish Social Worker Branna Noelle-Hodge, Many Victims "look like Machines", who don't Turst Nobody, and/or "they Lie", staying "under Constant Fear", in a "UnStable Situation", "Threatened to be Send to anOther Country", etc. Often we give them Phones and Numbers to call 7/7 and 24/24, she said.

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

 

yazidi_young_woman_survivor_of_isis_crimes_abbaskhalaf__speaking_at_coes_conference_eurofora_400


- But things appeared quite Different, with Young Yazidi Woman Farida Abbas Khalaf, a Survivor and Rescapee from  4 Months of Captivity by ISIS' Deadly Islamist Terrorists, cowardly Targetting defenseless, innocent Civilian People, at Iraq :  - "Don't let our Abusers get Away with their Crimes !", she urged from the outset.


- Most ISIS' Attacks started from 2014 to Spread at Iraq their Atrocities, which intended to commit a Genocide, by Destroying us, as Yazidi Minority : They Targetted Women and Girls with Rape, Torture, Humiliations, using Sexual Slavery as a Weapon to Destroy our Community, she Denounced. I still live that Tragedy, and I Fell this Scar will Never Disappear. ISIS Killed by Father and Brother, Captured my Mother, and held me in Captivity for 4 Months, submitted to Physical and Mental ill-treatments. Still more than 3.200 Women are in Captivity or Missing nowadays, and many Christians, etc. have been Taken Away from Syria to Iraq", she Denounced. 

- "But Nobody has been yet Prosecuted for all those Crimes ! Not Any of those ISIS' Criminals Arrested, Investigated and Punished. If they Return to Europe, they should Face Justice : Jihadis Returning to Europe should Face Real Justice !", she urged.


 => CoE should call for Support to People victims of Genocide attempts, for ReConstruction of Homes and Infrastructures Destroyed, and to practice Open Doors for Real Refugees who Face Genocide, she added.
+ In Addition,  "People of AFRIN (Syria's Kurdish Canton recently Invaded and Occupied by Turkey's Military Troops and various Jihadist Armed Gangs) all lie in Constant Fear : CoE should adopt a Resolution to Help them against Pressure from Radical Groups", the fragile Yazidi Woman urged Today.


(See also Statements of Award-Winning and Book Writer Yazidi Woman Survivor of ISIS, Farida Abbas-Khalaf to "Eurofora", later-on, at: http://www.eurofora.net/newsflashes/news/yazidiwomanisissurvivoraskstohelpafrin.html).
------------------

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- Speaking Afterwards, on the sidelines of one among the 4 Different "Panels" of Experts set up by this CoE's International Conference, Greece's National Rapporteur on Trafficking of Human Beings, Dr. Heracles Moskoff, stressed to "Eurofora" that, in order to Succeed in the necessary Fight against Impunity, "Victims must be Protected" : Because it's Only Then that they Can bring Testimonies, and bear Witness against Criminals, as he observed.  

 

He couldn't explain, however, how is it possible for more than 1,5 Millions of Mass Asylum Seekers/Irregular Migrants to suddenly enter Europe via Greece through Turkey, already on 2015-2016, without practically anyone to have been arrested for Human Trafficking : - "Even if Smuggling is not the same thing as Trafficking, nevertheless, that Question remains open, since it seems that the Gravity of that Danger had not yet been fully perceived by Law Enforcement Authorities in Europe", Dr. Moskoff agreed with "Eurofora".

 

 But the above-mentioned Role of Victims became Key in the Panel Focused on "Criminal Justice Efficiency", whose Conclusions were presented by Rapporteur Rita Theodorou, GRETA Member from Cyprus:

 

 coe_panel_3_rapporteur_greta_member_from_cyprus_theodorou_eurofora_400

 

- Indeed,  Human Trafficking's Victims, abused as "Slaves" and "Disposable Commodities", are Nowadays often lurred and traped by "Softer Methods", including, f.ex., "Promises for a Better Life", she pointed out.

 

=> Thus, sometimes, they "Suddenly Refuse to Cooperate" with Law Enforcement Authorities, "or Lie", etc., may be Because "they are Afraid" and/or "Tired and Lost", etc., she regretted.

 

-  In such cases, recalcitrant Victims should Not be Prosecuted, because, then, they won't cooperate at all, GRETA Expert Theodossiou advised. On the Contrary, Victims should be provided Support, (f.ex. by Legal Aid,  Social Measures, Financial incitations, etc).

 - Even if the Investigations would Not have to Wait for Victims to come out, before doing anything, but, on the contrary, try to Advance also by any other possible means, including, f.ex., International Cooperation, which has Not yet been Used enough, she suggested.

 

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

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 + But, in Other Cases, the Experienced Dutch National Rapporteur on Human Trafficking and Sexual Exploitation of Children, former Long-Time Attorney General of the Netherlands, Herman Bolhaar, (who participated at a Panel on "Strategic Partnerships"), revealed a Troubling Reality :


- During Many Years, Police had been Arresting several "Minors" mainly for Stealing, etc, but was routinely led to Let them Free to Go, afterwards, particularly because of their Age, etc. However, most of them used to Commit again and again such Offences, so that they were Coming and Going through Police and Courts for Endless Years, without any clear Horizon in view, he described.


- Suddenly, However, anOther Police Specialist, with Wider Experience, Suspected that "a Criminal Organisation was Behind" those "Children", "Minor Offenders, which were also Victims of Trafficking", the Dutch Expert pointed out. And, Indeed, an Efficient Investigation in that Direction, led the Police to Discover a Wide Organized Plot by Criminals, who had been Exploiting those Minors in order to systematically Commit a Great Number of Offences, without being ever exposed or cought themselves, since they were always Hidding Behind the scene
...


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

 

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+ Meanwhile, anOther, quite UnExpected Stimulus for a Better Implementation of CoE's Anti-Trafficking Convention, appeared to be the "Name and Shame" Policy against "Clients" Expoiting Human Trafficking's Victims, which Resulted into inciting Many Big Businesses to Seek some kind of "Ethical Certificates" for their Products and/or Services, showing that they Respect Basic Human Rights of their Workers throughout all the Supply Chains, (See relevant "Eurofora"s NewsReport, at : http://www.eurofora.net/newsflashes/news/bigbusinessandcoevhumantraffiking.html).



(../..)



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(NDLR : "DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, might be published asap)

 

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 politkovskaya_gongadze_adali_400

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 :

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

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...
------------------------------
- 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  !
-----------------------
 - 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 :
----------------------------------

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    - "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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