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Αρχική 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

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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.


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


 + 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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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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