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Accueil 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

Ecrit par 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)...

 

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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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Speaking exclusively to "EuroFora", the New EU Parliament's President, former Polish Prime Minister, ChristianDemocrat/EPP MEP Jerzy Busek, welcomed proposals by EuroFora about innovative ways for EU Citizens to attend EU debates before important final decisions which affect people's lives.

- "We (EU Parliament) must be transparent", Buzek stressed from the outset.  "We must have clear answers also for delicate questions. If we don't touch a problem, you must know why, and when shall we decide in the nearest future".. "Because "we (EU) must think about Europeans, first of all : They don't understand well what is going on in the EU. So, it's our duty to inform them, to make discussions here more interesting".

"EuroFora" congratulated President Buzek for the anouncement he made, from the 1st day of his election in Strasbourg (on Tuesday, 14 July 2009), on his intention to make  transparent debates, exchanges of views, etc. before the final adoption of decisions in EU Parliament's Plenary, when issues are evolving inside Committees, (See earlier publication).

And we reminded, in this regard, that "EuroFora" has been advocating a project for EU Citizens' active involvement in pluralist EU debates before important EU decisions, since more than a Decade : 1997-2007+

- "Thank you. We (EU Parliament), indeed, have exciting debates", Buzek replied. But, in practice, "without a possibility for our Citizens to see them, not even by the Press, the Radio or TV, etc., because it is in Committees", he regreted.

- "But, they (i.e. Media, Citizens, etc) might interact with you, with MEPs, etc, May be we can imagine something", "EuroFora" proposed.

- "Yes, (but) it needs, a quite new idea", Buzed observed.

- "Why not through some innovations ?", "EuroFora" suggested.

- "Innovation ? That's it. Fantastic  New Information Technologies !", Buzek realized.

- "Precisely, "EuroFora" has such a project, since more than a Decade (1997-2009), to use new technologies for public debates before major EU decisions are taken", we reminded.

- "If you have such proposals, please come to us, come to us. We must" do something, agreed the new EU Parliamen's President.

buzek_chairing_400 

    This fits with Buzek's main stance, expressed at EU Parliament's plenary earlier this week in Strasbourg, that the European Union must succeed to overcome a "Crisis of Trust" vis a vis EU Citizens. (See previous EuroFora publication).

    For that purpose, obviously information and debates are valuable, but purely instrumental, procedural means which can help focus on, and highlight a substantial content, attractive to EU Citizens, which needs to be determined by other, political, and not mediatic factors.  

    Buzek spoke about the urgent need to overcome the Global Economic Crisis,  the struggle for Human and Civic Rights, Democracy, etc., the Eastern Partnership, links with Russia, strategic partnership with USA and emerging countries, etc.

    But he also used (while speaking both to "EuroFora" and other Media) the expression : "The Europeans", for EU Citizens. This points right towards what several important EU leaders (including French President Sarkozy, German Chancellor Merkel, etc) have started to highlight particularly during the recent years : That there is a vital need, and an historic opportunity, for the development of a European Conscience, to stimulate e renaissance of a European Identity able to attract Popular support, for the EU to become a strong player in a Multopolar World : In other words, the revitalisation of a project for a "Political Europe".

    By a coincidence, this was indirectly but surely reminded, earlier in Strasbourg, by another ... Busek (this time with a "s") : 

busekcoe_400

    Speaking to more than 650 participants from CoE's member countries, at the conclusion of the 2009 Summer University of its Political Schools, Erhard Busek, (with an "s"), former vice-Chancellor of Austria and EU Coordinator for South-Eastern Europe, pointed at the current need to revitalize Europe's "Identity", forged by Greek philosophy and Roman Law, Christian values and Enlightment's ideas, etc. through the ages.     

- "We have almost the same name with Jerzy Buzek (EU Parliament's new President, who is a former Polish Prime Minister), because both our Families come ...from  the same village, located at the Heart of Europe, which was often shared between Poland, Germany and the Czech Republic. But my family emmigrated a long time ago to Austria, while Jerzy Buzek's family remained in Poland", explained f. vice-Chancellor Erhard Busek to "EuroFora".   

 An astonishingly concrete and simple example of European Integration from the grassroots : Starting by EU Citizens, i.e. those "Europeans", that EU Parliament's new President, Jerzy Buzek (this time with a "z"), wants to bring alongside MEP's decision-making proces, (according to "EuroFora"'s main idea : Comp. supra)...

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