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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

Pisac ACM
28. 07. 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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(../..)

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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

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      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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