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Home arrow newsitems arrow CoE sources to EuroFora : Concerns on Ukranian Reforms, particularly Power DeCentralisation + People

CoE sources to EuroFora : Concerns on Ukranian Reforms, particularly Power DeCentralisation + People

Written by ACM
Monday, 28 July 2014
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*Strasbourg/- Well informed sources from the Pan-European Organisation for Human Rights, Democracy and Rule of Law, the Strasbourg-based CoE, speaking to "EuroFora", expressed serious Concerns about the current prospects of long-overdue Reforms in Ukraine, which are  notoriously Crucial for a Peaceful resolution in the foreseable Future of the still on-going Deadly Conflict between Kiev's Authorities and Donetsk-Luhansk's Dissident areas, as well as for a Democratic and Sustainable Unity of all the People who compose that strategic European Country :


Experienced CoE's Officials are particularly concerned about the fact that, until now, not only it's not yet crystal clear which is the really official, exact and full text of the Draft Constitutional and other Reforms which had been anounced by President Poroshenko, after his May 25 Election and June 25 visit at the CoE in Strasbourg, (since some Versions currently circulating between Kiev's Parliament, Government and President, as well as among CoE's Experts, don't seem to be 100% alike and/or apparently evolve at least partly), but even more because their overall spirit and context, particularly recently, doesn't seem yet ambitious enough in order to  guarantee a fully-fledged respect of all main CoE's Principles and Values in a way able to really broker a Political Solution of the Crisis and safeguard a Democratic Unity of all Ukranians in the Future.


F.ex., if some might incite Poroshenko to think that he could simply Crush all Dissidents by Military means and unilateraly impose a Restrictive version of some Reforms without any real Political Dialogue between all the concerned parties,  then, this would obviously Disserve earlier Hopes (which had initially surfaced f.ex. just after his meeting with German Chancellor Angie Merkel and Russian President Vladimir Putin at the beginning of July at Deauville, at an invitation by French President Francois Hollande, shortly after his visits to CoE's Parliamentary Assembly in Strasbourg and to EU Council in Brussels at the End of June 2014) for him to really become the President of all Ukranians, but Risk, on the Contrary, to provoke a kind of "Syrian" or other situation of Prolonged Conflict inside Europe, (obviously Dangerous also vis a vis EU - Russia relations, inside a hopefully peaceful, stable and prosperous PanEuropean space of mutually beneficial cooperation in front of a galloping Global Competition), with long-term Tensions and/or instability.


=> Therefore, someone must tell him that he needs to use also other means than just the Military and really strive to broker Dialogue for a Political Agreement as well as adequate Reforms fully compatible with CoE's main Values, able to prevent provoking a Deep Rift which might Divide Ukraine's Population for many years ahead, instead of building Peaceful and Democratic Bridges that could incite them to live harmoniously all Together, in full respect of the rights of all involved. As long as it doesn't seem likely that such a salutory move for Ukraine's and Europe's Future might come timely from the USA, then, this necessary incitement could and should come rather from Europe itself, who is directly concerned.


F.ex., among others, in the politically and symbolically Crucial issue of a promissed DeCentralisation of Power, not only a Federal structure appears excluded (contrary f.ex. to the Friendly advise given, among others, also by experienced, twice Austrian President Fischer, recently at the CoE in Strasbourg, as well as by Hungarian Prime Minister Victor Orban, the Secretary General of Geneva-based International Peace Bureau, etc., and notoriously wished by many Dissidents), but even some of the Local/Regional Decentralisation Draft Reform versions, seem to Exclude real Regional Democracy, providing only for Localy-Elected Collective Bodies, evolving solely from Local - and not Regional - Authorities, while most Regional Governors still risk to be merely "appointed" by the President of the Country, (instead of being Democratically Elected by their Citizens), as if they were mere Prefets, CoE's officials critically observed...


Earlier this Month (July 2014) Russian Foreign Minister Serguei Lavrov, reportedly complained that Kiev' Authorities' Draft Constitutional Reforms haven't yet been clearly revealed nor yet discussed with all Ukranians, not even inside CoE's framework, and warned against an eventual attempt to secretly push an unilateral position for some obscure "Experts"' endorsement, only in order to eventually try to impose it afterwards upon all those concerned.

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CoE's PanEuropean watchdog on Constitutional Law, known as "Venice Commission, was due to prepare and issue soon a Draft initial Assesment of the current Poroshenko's Reforms with some Recommendations as usual, (which doesn't seem expected to deal with most concrete details at this stage), but a fully-fledged, Official CoE's Report cannot be Debated and Voted by the competent collective body of CoE's "Venice Commission" before its Next Plenary Session on October 2014, which will exceptionaly take place this time in Rome, capital of current EU President-in-office : Italy.

But, both before and after that, it's also other CoE's Experts, on Legal/Human Rights' and/or Democracy issues, who are due to examine, discuss and/or check various relevant developments concerning the expected Ukranian Reforms.


Meanwhile, until now more than 550 Civilians, among 1.129 Victims in Total, have been Killed, while some 1.500 Civilians and a Total of about 3.500 Victims have been Wounded, in addition to more than 101.600 Refugees/Displaced Persons fleeing the Conflict by moving elsewhere inside Ukraine or in Russia, (according to various Official declarations, including the latest UNHCHR's Report published Today at nearby Geneva), during the still on-going Deadly Clashes at Eastern Ukraine, where Kiev's Army continues Military Attacks against armed Dissidents defending their positions at Donetsk and Luhansk Regions since Controversial popular Referenda for "Autonomy" back on March 11.

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To this was even added, suddenly, an unexpected, strange and non-elucidated yet, Malaysian Airplane crash at the Afternoon of July 17, (after having curiously been given instructions to fly over Conflict Areas, where it was reportedly hit by a strike for which each side accuses the other, with various Fackes being published and denounced, until an independent Investigation hopefuly finds the real cause), that killed 295 Civilians more, (many of whom were reportedly heading towards an International Conference on AIDS at Melbourne, Australia, including WHO's Press Spokesman from nearby Geneva).

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The most recent Civilian Victims of the on-going Kiev's Military attacks against the Dissident Regions of Donetsk/Luhansk reportedly killed Tens more innocent Civilian Victims f.ex. at Gorlovka, Luhansk, and other Dissident cities, including a Baby, 5 Children, a young Mother, Elders, etc. in atrocious circumstances of persisting deadly destructions of Civilian Buildings, public areas, and Family Homes, despite quasi-Unanimous Calls by a Resolution of the new EU Parliament (issued by the latest, May 2014 EU-wide Elections), voted at the Noon of July 17 in Strasbourg, to Protect Civilians, respect International Humanitarian Law, stick to a CeaseFire and start an inclusive Dialogue for a Political Solution of the Conflict, in that Historically, geographically and culturally European Country, where such inhuman Atrocities haven't been seen since the 2nd World War.

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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", ...

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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..

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"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"

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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...

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