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Home arrow newsitems arrow CoE Child Protection Commitee CEO Scappucci to Eurofora: Judges=Key v. Sexual Crimes Abusing Trust

CoE Child Protection Commitee CEO Scappucci to Eurofora: Judges=Key v. Sexual Crimes Abusing Trust

Written by ACM
Monday, 07 December 2015
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*Strasbourg/CoE/Angelo Marcopolo/- In order to Face the Growing Challenge of Sexual ill-Treatments on  Children, particularly Dangerous and Odious when such Crimes are Committed even by those to whom a Child has been EnTrusted by the Society and/or its Family, etc, National Judges can and should play an Important role, by Helping to Ensure that CoE's main Legal Standards are adopted in real practice by all its Member Countries, stressed in Substance, the PanEuropean Organisation's Children Protection Committee's CEO, Gioia Scappucci, speaking to "Eurofora" at the conclusion of a Press Conference on the Publication of the 1st Report on the Implementation of the "Lanzarote" Convention against Sexual Exploitation and/or Abuse of Children, which has been already Signed by all CoE's 47 Member States and Ratified by 38 Countries, from France to Russia included, etc.

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The CEO of Lanzarote Committee had refered, in fact, to a Critical Observation made earlier by its current Rotating Chairman, Bragi Gudbrandsson from Iceland, concering the need for all CoE's Member States to adopt a common Legal Definition of the Specific Crime of Child Sexual Abuse "in a Circle of Trust"  : This includes a Wide Varierty of Persons, (vis a vis whom a Child wouldn't Defend him/herself as well as in front of Total Strangers), extending, f.ex., from simple "Friends" of the Family, up to Social Workers, a Foster Family where Children mifght have been "Placed" by Public Authoritries, etc, but most CoE's Countries haven't yet adopted a crystal-clear Legislation able to Treat with All the Various Cases of "Sexual Eploitation" and/or "Abuse" of Children by such Individuals to whom it might have been entrusted, (and, therefore, f.ex., Fear to Denounce, and/or vis a vis whom he/she might not be Careful enough), as Gioia Scappucci explained.


>>> However, we (CoE) have often observed that several National Judges, in fact, understand quite well the Risk of such eventual Loopholes in the Protection of Children, and, therefore, adopt a Case Law which Fills most Gaps in relation with CoE's s"Lanzarote" Convention's Definition of the above mentioned Crimes, the competent PanEuropean Committee's CEO told "Eurofora".


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+ Moreover, Judges are obviously becoming Important also in "Data-Collection" about Recent Cases of eventual Child Abuse, considering, f.ex., what the French Constitutional Court has pointed out on the Controversial and UnPopular "Adoption" of Children by Homosexual couples, where it gave to the Judge a particularly Important Role, "in the Best Interest of the Child".  But, given also the particularly Recent and Limited yet emergence of such Controversial cases, only in a Few States where UnPopular "Same Sex Mariage" has been Lately Imposed, (against which, several Other Countries, such as, f.ex. Russia, Belarus, Kazakstan, Uganda, China, etc, have even Adopted an "Embargo" Opposed to International Adoption of Children born in them, by Foreign States where they Risk to be placed under the Power of Homosexuals on pretext of "Adoption"), Lanzarote Convention's Mechanisme doesn't seem yet to have already Started to gather Sufficient Data in such New and Uncertain yet Fields. F.ex., Scappucci told "Eurofora" that Lanzarote Committee hadn't yet been Informed at all about several MEPs' Questions, officialy raised to CoE's Committee of Ministers, about Reported cases of "Child Trafficking" and/or even Open "Pederasty Propaganda", etc., which have provoked Recently Strong Controversies in the Netherlands, (i.e. there where the UnPopular "Same Sex Mariage" had been imposed for the 1st Time in Europe, already as Early as since 2001) : -"Until now, we  haven't yet made any particular Recommendation to the Netherlands", she soberly limited herself to point out simply, in this regard.       

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++ This 1st Lanzarote Convention's Implementation Report, by Adding also a Focus on "Criminal Proceedings" in the "Best Interest of the Child", and "Corporate Responsibility", etc., comes, however, quite Timely, considering also some Other Recent Big Scandals, as, f.ex., that Revealed at the UK's South Yorkshire region's Capital : Rotherham City, where a Landmark 2014 Report by Professor Alexis Jay, (Focusing mainly on the former "New Labour" controversial PM Blair's era of 1997 - 2013), revealed that "over 16 Years", at least "1.400 Children were Sexually Exploited", including "Girls as Young as 11, .. Gang-Raped" by a Mob of "Perpetrators" mainly "Muslims" of "Asian" origin, benefiting from a Scandalous Complicity inside the Local Socialist Establishment, most of whom were recently obliged to Resign or were "Suspended"  from the Labour Party by its New leader Corbyn, (as, f.ex., former Council Leader Roger Stone, Labour Councillor Shaukat Ali, and  former Deputy Council Leader Jahangir Akhtar, etc), while "Internal Reports, from a Decade ago, revealed "links between Child Sexual Exploitation and Drugs, Guns and Cruiminality", as, inter alia.,also  mainstream Brittish Newspaper "the Guardian" denounced, (See, f.ex. : http://www.theguardian.com/uk-news/2014/aug/26/rotherham-child-sex-exploitation-capital ). F.ex., "Children in the town were Systematically Identified by Gangs as Vulnerable, seduced with Drugs and drink, Brainwashed ... and then Used for Sex, often Raped, before sometimes being Trafficked to nearby cities to work as Prostitutes. The Brutal violence that surrounded this Depraved process was Shocking. Children who refused ...were doused in Petrol, Threatened with Guns, made to witness Brutally Violent Rapes, and told they would be next if they told anyone". "Even when they Spoke out, they were met by .../Disbelief from the Authorities : ..In one instance, a Girl of 12 was Groomed, Raped and then Trafficked. The Authorities "Blamed the Child … for placing herself at risk". In another case an 11-Year-old Girl had been sexually assaulted, then a year later found Drunk in a car with a suspected Abuser who had taken Indecent Pictures of her ...She was declared to be at "No Risk of Sexual Exploitation"...


Worst : - "Many of the Children came from Poorer backgrounds and Troubled Homes, and were (Placed by Public Authorities) in Care", (i.e. had been Forcibly Separated from their Natural Family, Father and/or Mother, as in Many such Cases at the UK, Sweden, etc, still Pending at the ECHR in Strasbourg, one of the most Moving being that of a Poor Couple which had been Separated, but later United Together in a Joint Legal Struggle to get their Children back...). "The Local Administration and Police knew about the problems, and chose Not to Prevent them", perhaps also because "the concern of being labelled a racist did mean people pulled Back from Probing too deeply". Indeed, "Despite the Horrible and Repeated Facts of serious Child Abuse Crimes, "a Cosy, Indifferent Bureaucracy – Social Workers, Councillors and Police Officers, ...could Not face up to Do something about Terrible Crimes, partly because of their prejudices about the Poor (People : 'The Suspicion is that Council Officials and Police Officers considered them part of an Under-Class"!), and partly because they were concerned about being labelled as prejudiced against Asians". Even if a "2015 Inspector's Report" found that the entire  Local Council was "Not FIt for Purpose", and Transmittedits Powers, until a "Full Election in 2016", Nevertheless, the Fact that the Scandal wasn't revealed but Only After a New Prime Minister (David Cameron) was Elected in Downing Street No 10, as well as a New Labour Leader, Jeremy Corbyn, is Not Enough to show that an Efficient Monitorintg Mechanism would exist at a National level alone. (See : https://en.wikipedia.org/wiki/Rotherham#Governance );  Because "the Scandal goes Beyond its Shocking details" and raises the Question: ...How are Poor and Vulnerable Children being Looked After ... ? ", as "The Guardian" concluded.


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Meanwhile, for the 1st Time, for a Grassroots Level, EU and CoE have recently Published Together a Joint "Practical Guide to European Law relating to Rights of the Child", during Autumn 2015 in Strasbourg, which includes also some Relevant material, while the PanEuropean Organisation's Parliamentary Assembly's Social Affairs Committee, chaired by ChristianDemocrat/EPP MEP Valeriu  Giletchi, held a Hearing on Children Trafficking and Sexual Exploitation/Abuse, well Ahead CoE's overall  New "Strategy for the Rights of the Child", due to be officially Adopted on April 2016, at a High-Level Conference to be organized in Sofia, in the context of the current Bulgarian Presidency of the CoE, (Comp. Bulgarian Foreign Minister Daniel Mitov's Statements to "Eurofora": http://www.eurofora.net/newsflashes/news/coechairbulgariamfaonmigrationcrisis.html ).

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(NDLR : DraftNews, as already send to "EuroFora"s Subscribers/Donors, earlier.  A more accurate, Full Final Version, might be Published asap).

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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :   

- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.   

Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :

Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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