newsitems PanEuropean Commissioner for Data Protection, Walter to EF: Start by checking our own Organisations
PanEuropean Commissioner for Data Protection, Walter to EF: Start by checking our own Organisations
*Strasbourg/CoE/Angelo Marcopolo/- Speaking to "Eurofora" just after being Elected, earlier Today, as the New PanEuropean Commissioner for Data Protection, Jean-Philippe Walter, an Experienced former Long-Time President of CoE's Experts in that area, and the man who pushed all the way along the Recent "Modernisation" of its Pioneer, Historic Convention, in close "Coordination" with the EU, surprized by Announcing his Intention to : - "First, Examine what is going on, in this regard, Inside the CoE itself !", as he told us for Strasbourg's 47 Member Countries - strong Organisation, which Includes also Russia and various Other Countries.
Walter was Officially Elected Today by CoE's competent "Committee for the Protection of Individuals with regard to Automatic Processing of Personal Data", during its Weekly Plenary Session of 19-21 June 2018.
The Event was announced during an Exceptional International Conference on the current Perspectives for Wider Cooperation in the Field of Data Protection for the foreseable Future, Both between EU and COE, as well as at a more or less Global Level, (Comp. also : ..., etc).
"Eurofora" has Already met with, and Published Walter's various Replies to our Questions on Topical Issues, at several Earlier Occasions in the Past, (as, f.ex., at : ... + ..., etc).
After Graduating with a Master in Law from the University of Fribourg, in Switzerland, Jean-Philippe Walter succesfully presented a Doctoral Thesis on "the Protection of the (Human) Personality during the Processing of Data for Statistical reasons", and Worked as University Assistant, Legal Expert at the Swiss Federal Administration, Head of Data Protection at the Ministry of Justice, and Deputy Federal Commissioner on Data Protection and Information (from 1993 until Now : 2018), as well as vice-Chairman of the French-Speaking Association of Data Protection Authorities during a Decade (2007-12/2016), while also Regularly making Working Visits at the COE in Strasbourg for about 30 Years, where he Chaired its PanEuropean Committee of Experts on Data Protection, and, Twice, also CoE's Committee on its relevant, Pioneer Convention, (known as "108"), before Dealing, more Recently, with its Modernisation, in Coordination with the EU's relevant Directive on 2018, etc.
Thus, Walter's usual Scope is much Larger than CoE's 47 Member States, (including Russia, etc), since its above-mentioned Convention already has 52 Member Countries, and its New, recently Modernized Version is Aimed to Become progressively Global, (Comp., f.ex., at : ..., etc).
- While Stressing that, First of all, it was very "Important to have a Good European Coordination", between EU and the CoE, in order to Better "Integrate" EU's recent Directive with CoE's Pioneer and recently Modernized landmark Convention on Data Protection, as well as ECHR's "Historic" relevant "Case Law", Walter, also pointed Today at the "Strong Interest" that are showing, in this regard, Various Countries in the World, (Comp. also "Eurofora"s NewsReport : ...).
+ At the same time, Walter also spoke Now in Favor of "Transparency", including "vis a vis Civil Society", as well as in favor of the search of the Largest possible "Consensus", if not "Unanimity", at the end of the process.
- Walter told "Eurofora" that he Expects, for the New, "Modernized" Version of CoE's landmark, Historic Convention on Individuals' Data Protection, - for which he Succeeded to Efficiently Contribute Both for the closest possible Agreement with the EU, and to Find a Deal with Russia on a series of Key points (including on Security and Trans-Border Data Flows in relation with USA's role in recent practice, etc) - to probably get more than 28 or 30 Signatures from European Countries on Autumn 2018, before Reaching the Threshold of 37 Ratifications, in order to Enter into Force during the Next Few Years.
- In Fact, our (CoE's) Initial "Draft" Text, has Not Changed Very Much, and we Could have Arrived at a Conclusion much Earlier, but "Brussels' Agenda" from the EU "Influenced" CoE's course, as well as the Need to Broker an Agreement with Russia, etc. However, it was Worthwhile to strive for the Largest possible EU-CoE "Coordination" and Political "Consensus", he pointed out.
Simple People might probably Like to See CoE's new Commissioner on Data Protection to Dare immediately Check rather such things as our everyday ...SmartPhones, and/or "Twitter"'s recent Controversial Policies, etc., the Soonest possible, after he finishes asap. with his Idea to First "Check inside CoE", as he Told us, (Comp. Supra).
But, if he insists to really practice his "Transparency", prior "Consultation", close "Coordination", and/or the Largest "Consensus"-Seeking Methods (Comp. Supra), also throughout PanEuropean CoE's various Buildings, who have progressively Mushroomed around Strasbourg's European Quarter, then, they might have to ...Wait a bit :
However, Hopefully Not so much as his Team of Experts was obliged to give for that recent "Modernization" of COE's Historic "Convention 108", (now Changed into "Convention 108+"), for the reasons explained above (and that he Regretted) : More than 7 Years (2009-2018) !
That's probably one reason more for which Walter appeared, Today, speaking to "Eurofora", rather Glad to be called, No more "Mr. President" (of a CoE's Committee, as in the Past), but, from Now on, "Mr. Commissioner"...
It might make some things much more Easy.
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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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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 ?
- "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.
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).
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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.
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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.