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Home arrow newsitems arrow UN Committee Top Official Prof Decaux to EF: Investigate Missing People despite Time+Proof Obstacles

UN Committee Top Official Prof Decaux to EF: Investigate Missing People despite Time+Proof Obstacles

Written by ACM
Tuesday, 27 February 2018
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*Strasbourg/CoE/Angelo Marcopolo/- Professor Emmanuel Decaux, of Paris' Pantheon University, an Experienced Member and former President of UNO's Committee on Enforced  Disappearances (CED) at nearby Geneva, speaking to "Eurofora" at the CoE, on the occasion of an International Seminar on such Tragic Issues, co-Organized by UNO, the CoE, and the Foundation René Cassin for Human Rights, Chaired by ECHR's former Long-Time President, Professor Jean-Paul Costa, (Comp. various Costa statements to "Eurofora", f.ex.: at ..., +..., +...., etc), appeared to find that eventual Obstacles to Investigations might be Easier to Tackle, when it comes to Time Deadlines, than when it concerns Destruction of Material Evidence.


Both these Problems appear, particularly, even to one among the Older and World-Famous Cases of Many "Missing" People, with which ECHR and CoE's Committee of Ministers, have been Dealing since Many Years, but withOut, yet, being able to overcome, not even once, the Total Impunity of all those who might be Responsible for More than a Thousand of Enforced Disappearances, because of several practical Obstacles until now :


- Those of Greek Cypriot "Missing" Persons (initially more than 1.689) mainly after the Turkish Military Invasion/Occupation since 1974, for which Ankara's  Government has been repeatedly Condemned by the ECHR, but without yet finding Anyone among those Responsible for their Enforced Disappearance, Despite many Years of Efforts to Implement ECHR's Judgements.

 

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President Costa reminded, from the outset, that he had "Presided in the (ECHR's) Grand Chamber case of Varnava v. Turkey", (which, precisely, concerns a great part of those Cyprus' cases).


+ And he Stressed, as a matter of General Principle, that "the Phenomenon of Enforced Disappearances represents one of the Worst Violations of Human Rights, and Spreads in Many parts of the World", while "it may qualify as a "Crime Against Humanity". Nevertheless, "the Number of Disappearances is Currently more Increasing (f.ex. in Mexico, etc), than not", as he observed.


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 - "Eurofora" asked, at First, Professor Decaux, to confirm Whether and How, the UNO's Committed on Enforced Disappearances, (which has Entered into Force only during Recent Years, might, nevertheless, eventually Extend also to some among some among the Older, and Internationaly Famous cases of "Missing" People in Europe, which have already been Judged by ECHR, a Long Time ago, as those, f.ex., of Cyprus, and/or Others, which concern Facts dating at least since the 1970ies.

Just before that, Japan's Consul General and Permanent Observer at the CoE, Takamasa Sato, had told "Eurofora" that his Country was particularly interested also with certain "Missing" Persons' issues, affecting Japanese People, already since the Late 1970ies, allegedly, f.ex. in Northern Corea, etc. And there were also the Notorious Issues concerning certaon Latin American Countries as Argentina, etc., (See Infra).

 - "It's quite Complicated for us (UNO's CED), since there some provisions in the UN Convention according to which the Cases of the Past (i.e. Before its recent Entry into Force, on 2012) are Not Examined, per se", he replied, at first.


 - "Nevertheless, we consider that the Way that a State treats the Past, is an Issue of Today !", he positively stressed.


=> So, when we Examine their National Reports, during the Discussions, we can Raise also such Questions, concerning how they deal with the Past of such Issues, Nowadays, he explained, as far as the followed Practice is concerned.


 - "For the First Time, we had to deal with that on the occasion of Latin America Countries, who are Willing to do so. Because, f.ex., for Argentina this (UNO's Connvention Mechanism) would have No sense if everything Started only After 2012 !", he pointed out.


 - "We (UNO's CED) tried to do alike also with Spain, concerning the Civil War (of 1936), but it was Difficult. And this raises also Questions about How Long in the Past could be we go : F. ex., even Before a Country became UNO's Member ? and/or even Before UNO's Creation ?", etc.


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 + But, when it came to an even more Specific and Hard Problem, concerning a particular way of Material Evidence Destruction, things appeared even more Difficult :


 - "Eurofora" asked Prof. Decaux whether, according to his Long and World-wide Experience, he had found SImilar Problems Elsewhere, with a particularly Nasty Obstacle recently Denounced in Cyprus, which reportedly Hinders a lot the on-going Investigations on the Fate of the "Missing" People :


It concerns the Fact that, Astonishingly, in too Many Cases, (particularly at the Territories of Cyprus Occupied by Turkey's Army since the 1974 Military Invasion), the Remains of a Lot of "Missing" People are Not Intact, Nor Complete, but Often consisting in Bones Broken in Many Small Pieces, or Tiny Fractions of Pieces, which, in Addition, are, in several cases, ... Dispersed throughout various Different Locations ! It's the Infamous Problem of several "Re-Burrials", i.e. of all or Parts of Mass Graves which have, Curiously, been, Afterwards, Transferred Elsewhere, in an apparently Systematic way, with the Result to make even Identifications of the Victims very Difficult, Tricky, if not Impossible, and, a fortiori, Hinder to Find the Truth on what really Happened to them...


=> To the point that, on 2017, even the President of Cyprus, Nikos Anastassiades, was obliged to exceptionally Denounce openly such Strange Practices as "Criminal" !


>>> It was Surprizing for "Eurofora" to Find Today that even Professor Decaux, one among the Rare UN Experts to have a much Longer and Wider Experience than most others, on Issues concerning "Missing" People (Comp. Supra), initially Reacted with Spontaneous Astonishment, as if he had Never Seen such a Problem Before, Anywhere Else in the World...


He knew about cases where Criminals had tried to abuse of various "Acids", and/or to "Throw" the Bones of their Victims "to the Sea", in Lakes or Rivers, etc.  I.e. Methods of Proof Destruction which might be used in Isolated Cases of only 1 or a Few Victims, but, obviously, Not so much when it comes to Big "Mass Graves", as in the case of Cyprus, particularly since 1974.


On the Contrary, at least his first Reaction, when he heard about those Specific Problems, curiously met Several Times, by Investigations on Cyprus' "Missing" People, Professor Decaux acknowledged his Surprize, and was (exceptioally) Unable to mention clearly Other Similar Problems Elsewhere in the World !


- "Except, perhaps, in some cases in the Balkans ?", he Wondered, but withOut being able to even cite one, Neither to clearly and unequivocally confirm that now....

 => Proof that it's, indeed, a Rare Phenomenon ?

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

 

The New President of UNO's CED, Miss Suela Janina, an Experienced Diplomat (who has served also in Brussels on EU issues) from Albania, even if she was initially Scheduled to be the 1st Keynote Speaker, immediatly after the Introductions, nevertheless, curiously went ...Missing, (fortunately only for a Few Hours !), apparently having been Hindered by some Transport and/or other practical Problems, and, therefore, wasn't able to arrive at the CoE in Strasbourg but only very Later.


Thus, Because also of a Press "Black-Out" on the 2nd and 3rd Parts of that Exceptional International Conference, dealing with a particularly "Hot" and Delicate matter of some among the Worst Violations of Human Rights, (and Including, inter alia, also a Confidential Briefing on CoE's Committee of Ministers' on-going work for the Supervision of ECHR Judgements' Execution by the condemned Member States, which Traditionally takes place Behind Closed Doors), "Eurofora" and other Journalists were UnExpectedly Hindered to Interview her, (except from a Short, but Kindly Smiling, Salute when she Arrived, Running to Catch-up with the Time Lost by unknown reasons)...

 

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

 

Cyprus' "Missing" People issues are Scheduled to be Examined by CoE's Committee of Ministers on June 2018, during the Supervision of ECHR Judgements' Implementation by States which have been Condemned for Violations, as, in this case, Turkey.

 

(../..)
 

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(NDLR: + Fast Translation from the Original in French)


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*Paris/ACM/12 October 2008/-

When Europeans really feel a vital need to urgently launch common replies to challenging World Crisis, as the present Financial turmoil of Global Markets, they forge new decision-making tools and new dynamics :

The 1st in History EuroZone Heads of State and Government Summit, organized in Paris at the invitation of French President, and current EU chair, Nicolas Sarkozy, with the participation of 15 national leaders and EU institutions' chairmen, partly enlarged to British Prime Minister Gordon Brown, after a highly symbolic duo with German Chancelor Angie Merkel, at General De Gaulle's birth-village, 50 Years after he welcomed there former German chancellor Adenauer (1958-2008), may have not one, but two results :

- The first, and more urgent, was to launch an "ambitious", "coherent", and "efficient" common European movement, able to stimulate "solutions" to the World Economic Crisis, as Sarkozy anounced from the outset : State Garantees (to new Bank debts up to 5 years), fresh Capital input (f.ex. by buying shares), support to distressed banks, (while also restructuring them), incite the European Central Bank to facilitate commerial bills europe-wide, etc.

"Acting swiftly", from tomorrow, national measures will quantify all these targets, with coordinated actions from all EuroZone's Governments : France, Germany, Italy and others, decided to anounce, at the same time, such concrete measures, according to agreements that we have already made all together, revealed Sarkozy at the final Press Conference, flanked by EuroZone's chairmen : EuroGroup's Jean-Claude Juncker, and Central European Bank's Jean-Claude Truchet, as well as EU Commission's Jose Baroso, to solemnly stress the will to find common European solutions.

- "United and Determined, all EuroZone's Countries will act to prove that Citizens can Trust" the Economy, Sarkozy concluded. If we attract also all EU's 27 countries, Wednesday in Brussels, then we can coordinate action with our American Friends at a Global level, he anounced.

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- "With this new Toolbox, we do not want to serve Bankers, but to work for Europe and its Citizens' interests", added Juncker.

- "For the moment, we want to act urgently to regulate the Crisis. But the time will come when those responsible for this, will have to account for their actions. Yes to real Capitalism, No to Speculators. Those who abused, will face sanctions, Sarkozy warned.


Need stimulates activities which create new organs, say biologists, and Gordon Brown, compatriot of Spencer, the famous bio-Historian, would certainly not deny that, after his surprise visit to EuroZone's Summit in Paris, which attracted him one hour more than scheduled...

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Decisions include also the creation of a Crisis-management European mechanism, which "requires constant Monitoring", as well as strengthening Economic policy cooperation between EuroZone's countries.

Sarkozy will be judged by History not just by the immediate Economic results, expected at the end of this week's decision-making proces at National and EU level, but also by the more far-reaching consequences at the aftermath of this Historic EuroZone 1st Summit : Will it succeed to become a precursor forging a New era in European institution's revitalization ?

Significantly, the French President sat, during discussions, between German Chancelor Merkel, and British Prime Minister Brown, facing the chairmen of EuroGroup, Juncker, ECB : Truchet, and EU Commission, Baroso, with Prime Ministers of Spain, Zapatero (a hot partisan of EuroZone's Summit) at his right side, and Italy's Berlusconi, at his left, surrounded by Austrian, Belgian, Cyprus', Finland's, Greece's, and Ireland's leaders, as well as Slovakia's, Slovenia's, Portugal's, Netherlands', Malta's and Luxembourg's leaders.

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Meanwhile, those who tabled for a rift between French and German positions were faced with a smiling Merkel at De Gaulle-Adenauer's meeting place, a sunny Saturday morning, and a particularly active-looking Merkel inside the French Presidential Palace at Elysee's gardens on Sunday, (as happy few photographers discovered)..

- "De Gaulle's hilltop, at Colombey-les-2-Eglises, gave an astonishing overview to a huge landscape, entirely surrounded by splendid Nature, as far as eyes could see", said to EuroFora an obviously charmed German Journalist.

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She was describing Saturday's inauguration of a High-Tech Memorial close to the Historic Giant Double Lorraine's Cross, built by famous Novelist Andre Malraux, to perpetuate the Memory of his famous call for "Resistance" to NAZI, and his vision for the creation of New Institutions and Franco-German reconciliation, to foster Europe's role in the World, also for the Future.

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Children playing at Elysee's gardens before the Historic 1st EuroZone's Summit : What Europe's Future will look like ?


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