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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
professor_decaux__agg_eurofora_400



*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.

 

coeuno_conference_on_missing_people_eurofora_400


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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.


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


 - "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.


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


 + 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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 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 :
----------------------------------

imag0103_400

    - "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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