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Home arrow newsitems arrow CoE Chair, Czech Foreign Minister Zaoralek to EF: Turkey v. Human Rights eve of Cyprus UN Conference

CoE Chair, Czech Foreign Minister Zaoralek to EF: Turkey v. Human Rights eve of Cyprus UN Conference

Written by ACM
Tuesday, 27 June 2017
coe_chairman_in_office_czech_foreign_minister_to_agg_eurofora_400


*Strasbourg/CoE/Angelo Marcopolo/-  President in office of the CoE for the period of May - November 2017, Czech Foreign Minister Lubomir Zaoralek, Experienced former President of the Parliament, and currently Candidate Prime Minister of the Country in the forthcoming October 2017 Election, for the Frontrunner ČSSD Party, replying Today to an "Eurofora" Question, at the Eve of an Important UN-Sponsored Multilateral Conferene on Cyprus' ReUnification, which opens Tomorrow at Nearby Switzerland, didn't seem very optimist as far as Turkey's readiness to comply with the PanEuropean Organisation for Human Rights, Democracy and Rule of Law standards nowadays.

However, for a just and sustainable Solution of the Cyprus' issue,  Respect by Turkey of ECHR's case-Law plays a crucial role, particularly on Refugees' Family Homes and Ancestral Land, as well as other Private Properties, (that the Turkish Invasion/Occupation Army Hinders them to Access since 1974, despite Many Condamnations of Ankara's Government by the ECHR), "Missing" Persons, etc., (in addition to some CoE's Democracy and Rule of Law principles).

- Soon, your Collegues from the EU will be actively Present (officialy as "Observers") to a UN-sponsored High-Level Political Conference for the Solution of Cyprus' issue, which Starts Tomorrow in Switzerland. But the CoE is not yet explicitly included, even is there are Important ECHR Judgements still pending for execution around Cyprus issue. How do you feel about that ? Would CoE's Committee of Ministers Follow more closely these UN Cyprus' Negotiations, particularly as far as Human Rights are concerned ?, "Eurofora" asked Zaoralek at the CoE in Strasbourg.


- CoE's President in office, after Carefuly Hearing "Eurofora"s above mentioned Question, (including by asking for a brief clarification etc), Did Not Exclude, a priori, that the PanEuropean Organisation's Highest Political body : Its Committee of Ministers, would, indeed, be closely following the forthcoming UN Conference on Cyprus, at least as far as its Human Rights' aspects are concerned.


- However, the current situation there is Not as good as we (CoE) would like it to be, "at these Times", he Warned Today, (27 June 2017).


- Indeed, "Previously, We (CoE) had some Hopes", Zaoralek revealed, "but now", things look different, he Criticaly but Realisticaly pointed out.


+ Asked by "Eurofora" to Clarify, he confirmed that this certainly "Concerns the Human Rights"' aspects of the overall issue.


 - "This is a Crucial Question", to which, CoE's Highest Political body, its "Commitee of Ministers, puts Particular Attention", Zaoralek stressed Earlier, as far as "the implementation of ECHR's Judgements" is concerned.


 He said that, speaking in Strasbourg at the Eve of a CoE Assembly's "Debate" on that issue, for which he "Congratulated" MEPs, based on a Report asking for "greater Transparency" in "the Supervision of the implementation of judgements", and a greater Role" for "Civil Society" (i.e. Including Medias, etc),  there, as well as, "in case of Strong Resistance by (a) respondent State",  to "Use the Procedures provided for by Article 46" of the PanEuropean Convention on Human Rights, according to which, whenever a State "Refuses to Abide by a Final Judgement", to "Refer to the ECHR the Question whether ... it Failed  to fulfil its Obligations". In that case ECHR could refer the case back to the Committee of Ministers for ...Measures to be taken" against the Recalcitrant State, (in this case : Turkey).


By a rare coincidence, CoE Assembly's public Debate and Votes on that Crucial matter has been scheduled on Thursday, June 29, i.e. just One Day after the forthcoming Opening of the UN sponsored Multilateral Conference on Cyprus issue, scheduled for Tomorrow, Wednesday 28 of June, at Crans Montana, in nearby Switzerland.


+ CoE's President in office Spoke to "Eurofora" Today around this issue, just "a Week" after "a Major Conference on the Binding effect of the judicial Decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts", which "took place ...in Brno, the Capital of the Czech Judiciary", as  "one of the most Prominent events of the Czech Chairmanship" of the CoE", including a "Discussion with Presidents of the Supreme and Constitutional Courts of the member States of the CoE, as well as with Judges of European courts and leading Academics", as he earlier reminded.

 
zaoralek_at_paces_hemicycle_eurofora_screenshot_400 


In this Context, "the Execution of ECHR's Judgments, and the approaches of Governments of member States to the Condemnatory "Pilot" Judgments", (as those, f.ex., which concern Greek Cypriot Refugees/Displaced Persons, and/or "Missing" Persons in Cyprus, etc), were "among (the) Topical Issues Discussed" on that occasion.


++Previously in Strasbourg, it was CoE's Secretary General, Thornbjorn Jagland himself, who, on the occasion of a Ceremony for the Beginning of the current, Czech Presidency of the PanEuropean Organisation, where "Eurofora" participated), Warned that "without Implementation of ECHR's Judgements, Rule of Law canNot Exist in Europe !"...


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

zaoralek_in_pace_eurofora_screenshot_400


    + But, meanwhile, it's also the Overall Human Rights' "Situation" in "Turkey", which "seems ... to be Deteriorating", and this "is one of the Most Serious Issues !", CoE President i.o. Zaoralek Criticaly observed.  

   
    - Indeed, "Extreme Care must be taken to respect the rights guaranteed by the European Convention on Human Rights", as far as the Turkish Authorities are concerned, in general, he Warned Earlier.


    + "Finally, securing Effective Political Progress is Vital" : "That Message has been conveyed a Number of Times to the Turkish Authorities" ... In general, "The Council of Europe’s Standards and Values must remain the Guiding Principles" Zaoralek concluded on Turkey, in Wider terms.


    + "In Addition" to CoE's Highest Political body : its "Committee of Ministers", it's also its "Secretary General" (Thornbjord Jagland), and "Not only the Czech Republic", but also several Other CoE Member Countries, which "Raise those Issues" also "on a Bilateral Level" vis a vis Ankara, he went on to say.


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


    ++ Meanwhile, almost in Parallel, as far as it concerns, Moreover, Turkey's controversial Demand for Ankara's 1974 Invasion/Occupation Troops to remain at the Island even after an eventual ReUnification of Cyprus, in Addition to the Turkish Government's dangerous Claim for even more Unilateral Military Interventions in Cyprus, it's also the Greek Prime Minister, Alexis Tsipras, who, speaking this Week-End on the sidelines of the latest EU Summit in Brussels, reportedly found that "we never had so Many Allies" (among his 27 Collegues Heads of State/Government of EU Member Countries) against that.


    Indeed, inter alia, it was mainly Ankara's blunt insistance for such a quasi-Permanent Military Interventionism in a CoE and EU Member State as Cyprus, which had already Provoked a Long Suspension of the UN sponsored Political Multilateral Conference on Cyprus, shortly after it had just Started, for the 1st Time in History, Back on January 2017, in Geneva.


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


    +But it's also the above-mentioned issue of Greek Cypriot Refugees/Displaced People's Return back Home, which is in fact, one among the "Hottest" in the World :


    F.ex., among others, Experienced, Long Time UNHCR Top Official, Sergio de Mello, World-Famous for his Life-Time search of ways for real Refugees to become able to Return Back Home in various Continents, who became also UNO's High Commissioner for Refugees, and afterwards even for Human Rights in general, was Brutaly Murdered, together with Other UN Staff, by an Islamist Bomb Explosion at his Office at Bagdad, (where he had been exceptionaly send as UN Envoy for Iraq), shortly after Announcing a Big New Plan to Help Bring Back 400.000 Kurdish Refugees at the Northern Region of Iraq, facing Turkey's Borders...


    Later, it was revealed that those Deadly Bombers were Members, in fact, of a Group from which Emerged the Nowadays "ISIL" Islamist Terrorists : Those who have notoriously developed accross Turkey's Borders to Syria and/or Iraq, from where they routinely received, during Many Years, Recruits, Money, Weapons, and other Logistical Support !

+ And, Today, when a Growing List of 11 mainly Muslim Countries, including Egypt, Jordan, Lebanon, Saudi Arabia, UAE, Senegal, etc., started to take Sanctions against Qatar, Accused also by New US President Don Trump to Fund Both Islamist Radicalisation and Terrorism, it's ...only Turkey which send Military Troops in the Arab Peninsula, taking Sides for Quatar, was ...Turkey.


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

coes_president_in_office_czech_fminister_zaoralek__agg_eurofora_400 


    Now, Zaoralek's above-mentioned Realism (Comp. Supra) seems confirmed also by the Fact that, indeed, EU Commission's President, Jean-Claude Juncker, (who had been Present at the Beginning of UNO's Cyprus Conference, back on January 2017, at Geneva), as he Recently Told "Eurofora" in EU Parliament in Strasbourg, (Comp:...), exceptionaly won't be present, this Time, at Crans  Montana, (at least Not for Now), where he will be represented by EU Commission's vice-President Timmermans, together with EU's High Representative for External Actions, Federica Mogerini, on Friday, June 30, when UNO's new Secretary General, Antonio Guterres, is due to arrive.


----------------------------------
+ Kohl :
-------------------------------------------------


Last, but not least, "Eurofora" was informed that the PanEuropean Organisation for Human Rights, Democracy and Rule of Law (i.e. the CoE) was due to be Officialy Represented in the forthcoming Exceptional Strasbourg's Summit for the Orbituary and in Honour of the Historic German Chancelor Helmut Kohl, "Faher" of Germany's and all Europe's ReUnification, next Saturday, July 1st, at EU Parliament here, etc., precisely by the current CoE's President in office, Lubomir Zaoralek.


(../..)


***


("DraftNews", as already send to "Eurofora" Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).


***




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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 :
----------------------------------

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    - "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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