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Inicio arrow newsitems arrow CoE Assembly President Nicoletti to EF: = More Cases in Corruption Enquiry. But Priority on Measures

CoE Assembly President Nicoletti to EF: = More Cases in Corruption Enquiry. But Priority on Measures

Escrito por ACM
27.04.18

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*Strasbourg/CoE/Angelo Marcopolo/- Replying to an "Eurofora"s Question at a Press Briefing with Strasbourg Journalists, COE Assembly's President, Professor Michele Nicoletti from Italy, f. Chairman of the Socialist Group, acknowledged the Fact that there were, indeed, More Cases of possible Corruption that an Exceptional Internal Enquiry was Hindered to Investigate (See:http://www.eurofora.net/newsflashes/news/coeanticorruptionenquirytowiden.html), But stressed that the Priority was now on Making New Rules able to Exclude such Problems in the Future.
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- "Sir Nicolas Bratza, apparently, knew, from the Begining of this Year (on January 2018), that there might be Issues well Beyond of what had been initially targetted by Allegations of Corruption", "Eurofora" reminded in our Question."And, Last Sunday, they (the High-Level Ad Hoc Committee of Investigation) said that, If they had More Capabilities, they might have Investigated also Further".


=> "Do you think that the (Timely) Coincidence with the Issues of Restrictions in the Financial Contributions of Russia (as warned) and/or Turkey (unexpected), might have Influenced that ?", we wondered.


+ "And, (at any case) do you have the Feeling that Something should be done, (perhaps, not only by the Assembly, but also from Other CoE's bodies, etc), in order to Investigate those Other Issues ?", "Eurofora" asked President Nicoletti.


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- "I have not had the Impression that the Limits of Capabilities (of those Investigators) were, so much, related to Financial Resources", he carefully replied at the outset.


- "But, much More, to the Powers of the Investigating Body, which, of course, Influenced the Enquiry : F.ex.: Powers of Prosecutor, or of Police, having Access to Bank Accounts, and so on", (Confiscations, etc). "So, they were very Aware of the Limits of that Investigation, in this sense".


- However, "on the other side, it is (indeed) clear that there were Aspects to Clarify, and the Additional Corruption, raised by some NGOs and Journalists. ... And this was the Matter of it."


- So, "In their Report, as you can see, there is Some matter for Possible Investigations, and this will be, of course, up to the (CoE's) Assembly to Take Decisions", President Nicoletti admitted.


 + However, "at the same time, Sir Bratza (the Head of that Enquiry) said , clearly, (on the Question if it's useful to extend investigation to other cases, to other sectors, and so on) : -<< You can do whatever you want, and, of course, you can Investigate More>>.


 - << But, if we are objective, it's preferable to Close this Bad and Sad Story, and to Open a New Window, where, now, you have a Possibility to do Best something New and (particularly) by Monitoring much Better who you Appoint as a Rapporteur, f.ex. (etc)>>.


  - "And I can ensure that the Reaction of the Assembly is exactly in this Direction", Nicoletti found.


 - "Because(in the Past), Many People, went, sometimes, into a Committee, you know, withOut being totally Aware of what is going on. This Can happen in Parliaments : You arrive, and, then, you say : - "Oh, it's going to be an Appointment of Rapporteur : Are you Ready to go there ?" And you are appointed just because of that !", he reminded.


>>> I.e. "WithOut Thinking of the Responsibility that Parliamentarians have to chose the Best Person for that Appointment...", CoE Assembly's President Criticized.


 - "In some sense, it's Regrettable now that there was a Shadow in some cases. Now, this is at the End", (Comp., inter alia, also: http://www.eurofora.net/newsflashes/news/changeincoemediadebate.html).


=> So, "this Morning, ...the reaction (of PACE's competent Committee) was to (decide New Rules) when Appointing ...by this (CoE's) Assembly, for making a  Monitoring on a Conflict, or Countries, or Elections, and so on", he Concluded, as things stand Today.

 

  (../..)


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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

curtis

PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

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Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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