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Home arrow newsitems arrow CoE Assembly SG Sawicki to EF: Russia Deal legally possible during 1st Half of 2019+

CoE Assembly SG Sawicki to EF: Russia Deal legally possible during 1st Half of 2019+

Written by ACM
Friday, 18 January 2019
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*Strasbourg/CoE/Angelo Marcopolo/- Despite current Claims that Latest Developments would inevitably Exclude Russian MEPs from CoE's PanEuropean Assembly (PACE), on pretext of the Ukranian éConflict, also during All the Year 2019, (See Infra), on the contrary, PACE's Experienced Secretary General, Wojciech Sawicki, replying to "Eurofora"s questions, confirmed that it is still Legally Possible to strike a Deal during 2019, and particularly at its 1st Half.


This clearly results from what he told us Today, during a CoE's Press Briefing with Strasbourg's European Journalists on the forthcoming Winter Plenary Session of the PACE Next Week in Strasbourg, (21-25 January 2019), as well as on Earlier occasions, but also from relevant Expectations of other interested sources, concerning probable Political Developmens inside Ukraine itself, which is notoriously preparing National Presidential and Parliamentary Elections on March and Autumn 2019, respectively, (See Infra).


A Last-Minute Top Meeting, at nearby Geneva, last Monday, between PACE's new President, Swiss  MEP Liliane Maury Pasquier, and Russian Duma's deputy Speaker,
Pyotr Tolstoi, and Council's Foreign Affairs Committees' President, Constantin Kosachev (Comp.:..., etc), following the Limits of a Controversial Procedure and Draft Report by Belgian MEP Petra de Sutter on making Relevant Changes to PACE's Rules, (Comp.: ...., etc), did Not manage to mark yet any real Breakthrough, agreeing, nevertheless, to keep going at least a Dialogue also in the foreseable Future.


An UnPrecedented 3,5 Years total Absense of any Russian MEP inside the Paneuropean PACE (2/2014-1/2019), provoked by a Controversial, Last Minute Amendment, Tabled and voted by a Minority of MEPs who smashed a Deal prepared by PACE's Political and Monitoring Committees' Presidents then, was Followed by Moscow's subsequent Decision to Freeze, (initially a Part, and Afterwards the whole), of its Annual Financial Contribution to the CoE, so that Now, the PanEuropean Organisation is reportedly preparing to Cut its Budget and Staff for - 11%, while Measures as Suspension, etc., are expected vis a vis Russia from June 2019, unless a Solution is found beforehand.


Meanwhile, already, Moscow's recent Decisions, reportedly anounced just Yesterday (Thursday), to Continue to withhold its MEPs from coming to Strasbourg on Monday, at the Beginning of PACE's 1st Plenary Session for 2019, as long as PACE has Not yet Guaranteed the inviolability of all MEPs' Democratic Rights to Vote, Speak and Participate, etc., (even from Other CoE's Member Countries, as a matter of General Principle, applicable to all), apparently Risk to have far-reaching consequences.


Indeed, given the established Fact that, until now, the Ratification of MEPs' Credenials is routinely done at the Beginning of the Session of January, for the entire Year to come, almost all commentators concluded  that, if the Russian MEPs really don't come to Strasbourg on Monday, then, they would be practically Excluded from PACE for the whole Year of 2019... And as that conditions Moscow's Payment, or not, of its Annual Contribution (Comp. Supra), then, a probable Non-Payment until June, would give to CoE's Committee of Ministers an opportunity to "Suspend" Russia's Membership to the CoE. In that case, the Foreign Minister Lavrov and others have already said that Russia would definitively Withdraw from the CoE...


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


But, is Now, this "Catastrophe" Scenario really so Inevitable and Fatal, as most Medias and Observers claim ?


- "Eurofora" raised Today anew the Question of eventually possible Alternative Solutions to PACE's Experienced Secretary General, and he Confirmed that, at least in Theory, it is still Legally Feasible, "if a Political Will exists", as he underlined:


>>> To put it in a nutshell, an Important Possibility corresponds to a practical Suggestion initially done by "Eurofora", already more than a Year ago, that Sawicki has already Acknowledged to be Possible : I.e., instead of Examining the Credentials of National Delegations Only Once per Year, (on January), the PACE should become able to do so at the beginning of Any Plenary Session, i.e. at least 4 Times per Year : January, April, June and October, (See: http://www.eurofora.net/newsflashes/news/coereformtoeaserussiasolution.html , etc).


PACE's Secretary General clearly Confirmed Today, in Reply to a fresh Question by "Eurofora" that this was, indeed, Possible, if CoE's Assembly and Committee of Ministers agreed to UpDate the Rules of Procedure (for the 1st) and CoE's Statute (for the 2nd) on a Key-Point of PACE's Plenary Sessions, in the Same way, and Fast enouph, in Parallel, (See for concrete Details : http://www.eurofora.net/newsflashes/news/russiaandpacecrisismayberesolved.html , http://www.eurofora.net/newsflashes/news/coereformtoeaserussiasolution.html , etc).


- This is "Easy" to do "Fast" enough, if PACE and CM Agree on the precise Text that they want, since, in that case, there is No Need for Ratification Procedures inside Each one among CoE's 47 Member Countries, and all can be done here, in Strasbourg, he clearly reiterated.


- But this naturally implies the existence of a clear "Political Will", among COE's Member States, Sawicki underlined anew :


=> Something that Now, Obviously points mainly at an Important, forthcoming Presidential Election in Ukraine, at the End of March 2019, where former Prime Minister Julia Timoshenko (Comp. several Timoshenko statements to "Eurofora", as well as or her Daughter and Lawyer [currently MEP] during ECHR's proceedings against her Imprisonment, f.ex. at: ..., ...., ..., ..., etc) and/or various Other Candidates bypass or match the Out-going President Pedro Poroshenko's ratings in many Polls, in a way which apparently indicates that Ukranian People mighty have had enough of the still on-going, Deadly and Destructive Division of the Country up to War since 2014, Corruption and Economic Slowdown, etc., so that a Positive Change might have, hopefully, become Possible, closer towards Peace in the forseable Future.

- But, when "Eurofora" asked further Sawicki "Until When" does PACE have the Time to eventually Decide to do as advised (Comp. Supra), his Reply was that it must be done, at the latest, "on April" 2019, i.e. at the Next Plenary, of Spring 2019 : Something which practically Excludes the 2nd and Final Round of those Ukranian Presidential Elections, since next PACE it's scheduled towards the Beginning of April, while that Election's 2nd and Decisive Round is scheduled for Later-on, towards the End of April... This leaves Only the June 2019 PACE Plenary for all those required actions : F.ex., Decision to make a Peace Deal, Changes of CoE Statute and PACE's Rules of Procedure, Effective and Adequate Use of such New Possibilities, etc.


Certainly, as Sawicki also observed, CoE's current Rules do Not Oblige its Committee of Ministers to effectively "Suspend" a Member Country's participation, if it doesn't pay its Annual Financial Contribution during 2 Years until next June, but it Simply says that it "MAY" do so, whenever it believes fit, after that point, (i.e., f.ex. on July, September, October, etc).


Nevertheless, the Fact that on June 2019 PACE notoriously has also to Elect the New CoE's Secretary General, for the Next 5 Years (2020-2024), etc., (while Both a CoE Committee of Ministers' Legal Expertise, and PACE's Committee on Rules of Procedure have recently found that All CoE's Member States must Participate and Vote in a so Important Choice), pleads for a Deal preferably brokered Earlier : F.ex. on May.


=> Could it be done, perhaps at the May 2019 "Standing" Committee (may be in Paris) ?


Or, rather, by ...Adding anOther, 5th, "Exceptional" PACE's Plenary Session, precisely on May 2019, giving even anOther such Possibility to Gain precious Time : Indeed, as Sawicki has told us previously it could have one More Opportunity to Deal with the Issue of Russian MEPs' Credentials, and/or Change its own Rules, in this regard.

- Such a Move is Legally Possible, since, currently, PACE's Rules of Procedure provide for "up to 30 Days" for PACE's Full Meetings during Each Year, while, until now, "we don't use but only 20 such Days, Yearly", (i.e. 4 regular Plenaries X 5 Days each = 20, leaving +10 More Days, theoretically Free to be used whenever PACE might like to do so), as he had told us earlier, (See: http://www.eurofora.net/newsflashes/news/russiaandpacecrisismayberesolved.html ).


In such case, Ukranian Presidential Elections would have also completely finished, (Comp. Supra), and, probably, a New Political Context created by the Ukranian Voters, Hopefully more Favorable to Peace-making.


+ A priori, it's not excluded that it might even include a Fair Trial and/or Liberation from Prison for the Famous former Popular Ukranian Heroine, Nadiya Savchenko : The World-known Army Airplane Pilot, who served at Iraq and volunteered in Donbas (Eastern Ukraine), before being Jailed for 2 Years in Russia, (accused of Complicity to Murders), struggling in jail with Hunger Strikes, etc., but afterwards Freed (by Russian President Vladimir Putin's "pardon" and an exchange with 2 Russian Prisoners jailed in Ukraine), after an International Campain for her release, and triomphally returned back to Kiev, Welcomed by President Poroshenko, Julia Tymoshenko, and many People, Elected new MP at the 1st rank of her Party's List, appointed at the Ukranian Delegation to CoE's Parliamentary Assembly in Strasbourg, (etc).


Curiously, Savchenko, after being personaly engaged in efforts to Liberate Prisoners and find "Missing" People from Both Sides at Eastern Ukraine, while also Criticizing Government Corruption, focused on Seeking to Help Peace and Stop that Bloody War, (which has already Killed about 10.000 People, mostly innocent Civilians), became a Critic of Out-going President Poroshenko, accused him and otherts to have Betrayed Maidan's Popular Movement's Values, and Called for Direct Peace Talks between the 2 Sides of Ukranians : Kiev Government and Donetsk-Luhansk pro-Autonomy Regions, (considering the Crimea peninsula a comparatively secondary matter). This made her Opponents from the current Establishment slander her, and Exclude her from the Ukranian Delegation at the CoE in Strasbourg, and even Strip her from her Elected MP Status.


At that juncture, when she reacted also by Accusing a High-Standing Kiev Politician, (engaged at a Key role at Maidan's muscled uprising, then as Top Security Counselor to the 1st acting President of the Kiev regime issued from Bloody Street Clashes on 2014 : Turchynov, including in Kiev's Deadly Military Attacks on the Russian-speaking, pro-Autonomous Historic City of Slavyansk, etc), to have personaly and directly Backed severtak of those Armed "Snipers" who notoriously Targetted and Killed, at Maidan Square, Both Demonstrators and Policemen, provoking Massive Bloody Violent Clashes which Topped the 1st Peace Agreement on Ukraine, that had been Signed Both by the elected but controversial, mainly pro-Russian President Yanukovich, and All the Leaders of the Maidan Demonstrators, under the Auspices of the EU, represented at Kiev on February 2014 by 3 Foreign Ministers of France, Germany and Poland : Fabius, Steinmeier and Sikorski, as well as Ratified by the Ukranian Parliament by 35 v. 2, providing for General Amnesty, Government of National Unity, Presidential Elections that same Year, etc, that was afterwards Rejected by those same Demonstrators' Leaders),

Suddenly, Nadiya Savchenko was immediately Accused, by Kiev's Prosecutor, to plan a ...Bloody Putsch against the current Regime, including Bombing of the Parliament and Murdering President Poroshenko, etc, through Weapons smuggled from the pro-Autonomy Regions, etc., and Shortly afterwards Arrested and Jailed, on February 2018 !


Since then, (i.e. during almost 1 Year now), the former Top Heroine of Maidan's Ukraine, has been Continuously Kept Closed in Prison, (with several "Extensions" of her Detention, despite many Hunger Strikes, and Initial Courts' Judgements asking to let her Free and refusing to block her properties, soon overun), at least until the End of December 2018 included, (with astonishingly Few Informations published on her current short in English, to the point that it's Not easy to clearly find what happens to her Nowadays)...


According to Recent available Press News, she would have been Operated in a Prison's Hospital, and her Health would have reportedly Suffered  from her Latest Hunger Strike, to the point to Exceptionally Hinder her even to be Present at a Court's Hearing, while doing desperate efforts to access her personal Bank Account in order to be officialy Registered among the numerous Candidates to the forthcoming, Mars 2019 Presidential Election, (Comp. Supra).


Indeed, Nadiya Savshenko was among the First to Positively reply to Press Questions about her wish to run for next President in Ukraine, exposing her Political Views for a Peaceful Solution of the Conflict, as Early as already since 2016, and, Afterwards, she reportedly Confirmed that even more clearly, during 2017-2018.


Julia Tymoshenko, while having Dissociated herself from most Savshenko's controversial attempts for Direct Contacts and Talks between Kiev and the pro-Autonomy Regions, etc., (Comp. Supra), and having accepted also her late expulsion from her Party, nevertheless, has Not yet denounced Nadiya Savshenko's personaly, and would have said that she does Not Regret to have selected her in order to run at the 1st Place of her Party's List, back in the Latest 2014 Parliamentary Elections.


>>> Meanwhile, CoE's High Level Panel on Ukraine, set up by Secretary General Thornbjorn Jagland, and composed by former ECHR President Sir Nicolas Bratza from the UK, as well as by 2 Ukranian Senior Officials, in order to Supervise Investigations on the Bloody "Maidan" Events of February 2014, (Comp. Supra), and afterwards also on the Tragic Deaths of Civilians, critical to the subsequent Government, most Burned Alive during other Violent Clashes at Odessa on May 2014, has notoriously Concluded that Kiev regime's Authorities blatantly Failed on their Duty to Investigate that Key Issue of those Mysterious Deadly "Snipers" who reportedly pushed to Drop a 1st Peace Agreement and provoked Bloody Clashes (Comp. Supra).


So that it would obviously be Interesting to know what Nadiya Sevchenko may really have to say on those Mysterious Kiev's "Snipers", if and when, the forthcoming Political Developments inside Ukraine, might, eventually, allow her also to find anew at least her Freedom of Speech.


(../..)
 

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***


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


***
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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