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Pagina principale arrow newsitems arrow CoE Debate: ESTC v.President, Vatican Life Expert, Professor Thiel to Eurofora: Fraternity+BioEthics

CoE Debate: ESTC v.President, Vatican Life Expert, Professor Thiel to Eurofora: Fraternity+BioEthics

Scritto da ACM
mercoledì, 30 agosto 2017
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*Strasbourg/Council of Europe/Angelo Marcopolo/- Speaking to "Eurofora" just after having Chaired an International Conference opened by CoE's deputy Secretary General, (the experienced Gabriella Battaini-Dragoni), Vatican's Pontifical Academy for LIfe new member, University Professor on BioEthics and European Society of Catholic Theologians' vice-President, Marie-Jo Thiel, explained Why "Fraternity" became a so Topical Issue that it was at the Focus of Unexpectedly "Hot" Debates in a 4 Days-Long Conference which started in the CoE with Speeches from ECHR and CoE Social Charter Senior Officers (See Infra), while also Highighting Current Problems on BioEthics and Genetics :

 

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 - There are several Important, Hard and Topical Issues in Nowadays Society, that Theologians too have to address and discuss with scientists, politicians and others. 


 - But, according to the Bible's First Chapter on "Genesis", the 1st Question that God Asked to Cain, was : - "What have you done of your Brother ?", Professor Thiel stressed, in substance.


  She was Replying to an "Eurofora"s Question on the reasons for which "Fraternity", alias "Brotherhood", (or "Adelfosini" in Greek) had been chosen as the Heading of this exceptional 2017 International Conference of Theologians and other University Experts on Human and Moral Sciences, debating at the CoE with an ECHR Judge and CoE's Social Charter's deputy Director, (See Infra).


 - Thiel had Evoked, Earlier Today at the CoE a Pope Francis' explicit Reference to the Value of "Fraternity", made particularly on they 30rd of May 2017, and "Eurofora" remembers that, already, in a landmark Speech to EU Parliament durng his Visist to European Institutions in Strasbourg back on 2014, He had already stressed that "Truth" is "Vital" for "a Society .. truly Free, Human, and Fraternal".


 - And even if, perhaps,"Fraternity" might not have been exactly, in History, a "Founder" Principle on Human Rights' Values, (as, f.ex., "Human Dignity", and/or "Solidarity", etc), nevertheless, it is, at least, a "Founding" Principle, (i.e. able to help complete the foundations also of new, positive developments on Values nowadays), reminded to "Eurofora" Voluntaristically Professor Thiel, pointing to a Dialogue that she had Earlier Today at the University of Strasbourg with Young Candidates to Doctoral PhD Thesis on that matter.


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+ Moreover, even if "Human Dignity" is widely considered as the Basic Moral Foundation of All Human Rights, (a Credo among Christian theorists, but also in EU's Fundamental Rights' book), which can be Distinguished in 3 Main Categories : (A) those stemming from the idea of "Liberty", (B) those related to "Equality", (f.ex. Socio-Economic Rights, etc), and (C) those concerning mostly "Solidarity" or "Fraternity", etc, (alias : "3rd Generation" Rights), however, the Latter is a Different Concept, able to Advance well Beyond, observed, in Conclusion of all Debates, ECHR's Euro-Judge from Portugal, Paulo Pinto Albuquerque.

 

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Resuming Different Opinions which were expressed during relevant Debates at the CoE by Participants from various European and Other Countries, and several Scientific Horizons, ECHR's EuroJudge, who has also a Long Experience as University Professor in Law at Lisbon, Shanghai (China), and Illinois (USA), as well as former Expert of CoE's Anti-Corruption Watchdog "GRECO", (etc), Agreed that "Solidarity" may refer to a kind of "Help" given by "Privileged" Groups/Entities to "Vulnerable" People, (i.e. with a Sense of "Verticality" : i.e. a State vis a vis Poor/Disadvantaged Citizens, etc), while, on the Contrary, "Fraternity" or "Brotherhood" referred more to something ("Horizontal", i.e. as a Common Interest, etc), that many Persons have all Together, between them, as one Group of People or Community, as Members of the same Society, (f.ex. Right to a Healthy Environment, Cultural identity Rights, including of Religious Communities, etc), based on the idea of a Collective Dimension of Rights, which ask for a "Positive" Action from State actors, (f.ex. concerning all "Humanity" or "Humankind", as "Eurofora" points Infra, on the occasion of BioEthics and Genetics).


At any case, the "Essence of Human Rights", even "Civic - Political Rights", "canNot be Guaranteed, withOut Any Guarantee of (key) Social and Cultural Rights  : F.ex. it has No Sense to speak about he Right to Democratic and Fair "Elections", "If" there is Not Any Guarantee, if it's Ruled Out, any Social Right to, at least, an Elementary "Dignified Living", the EuroJudge pointed out. In this regard, the ECHR's case-law inspires itself from UNO's Historic 1949 "Universal Declaration on Human Rights", according also to the "Theological Foundations" of the "Christian Traditions of Europe", he concluded, widely Applauded.


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+ AnOther Topical Issue, concerning "Hot" Stakes in BioEthics :  that of controversial "Genetic Manipulations on Human Embryos", was Raised, afterwards, by a 2nd "Eurofora"s Question to Professor Thiel, pointing, more particularly, to her New Task as Member of Vatican's Pontifical Academy of Life, where she has Recently been appointed by Pope Francis, on June 2017, for a Period of 5 Years, (2017-2022).


- Thiel, (who holds an Initial Experience in pure Medical Science with a 1st PhD Thesis on real, technical Medical Issues, Before studying Theology and presenting there a 2nd PhD Thesis, by an Interesting Coincidence, related also to a Question about "a Status for Human Embryo"), reacted, at First, by Warning that this has become, particularly Nowadays, a "Difficult" Issue :


- In this regard, she pointed at the "current Hopes" of several Medical Researchers to "Advance in Discoveries of efficient ways to "Heal" People from certain Serious Illnesses.


- But Thiel Acknowledged also the Fact that, as "Eurofora" observed, Despite Many Years of Similar Claims by a lot of Controversial Technocrats, and Nonobstant the Long and substantial Spending of Millions and Millions $, nevethertheless, No Cure had been discovered at all, for any illness, by Genetic Manipulations, during the Last Decades... (On the Contrary, Cancer was Spreading as Never before in the History of Humankind, and Other "Strange" illnesses had Emerge : such as "AID" - SIDA-, or "Black Sheep" for Mamal Animals, once found as a result of emanations from a Virus Research Labo in Scotland ; "SARS" reportedly spread from another Labo around Hong Kong ; New, "Mutant" Flu Virus Epidemics attacking Animals from 2004-2005 and Humans on 2009-2010, reportedly Started around a California Research Facility near the Mexican Border, etc)...


- Nevertheless, she estimated that, apparently, Discoveries of New Drugs against some Traditional illnesses might be Now "within Reach", eventualy Ready to be Discovered, particularly through a Recently popularized Technic of controversial Manipulations on Human Genome, called "CRISPR/Cas9", (which, notoriously, is a "Genome Editing Technology ...that allows Permanent Modification of Genes within organisms", including on Humans, according f.ex. to "Wikipedia", a.o.).

 

However, Fears for Dangerous permanent Genetic Alterations on Human beings, able to provoke f.ex. a Genetic "Appart-Heid", Artificially Fabricate Different "Races" or "Categories" of Humans, with "Eugenistic" "Selection", etc.,(Against which, World-Famous Writers as Aldus Huxley, Yevgeny Zamyatin and HG.Wells, etc., already Warned as Early as since the 1920-1930ies !), and/or be Abused as vectors of "Bio-Weapons" in "Bio-Warfare" or "Bio-Terrorism", (i.e. by Provoking various types of "New" or "Classic" illness, Deformations, etc), have already Started to Stimulate various kinds of Reactions, even among specialized Scientists, some of whom asked, at least, for a Global "Moratorium", others for a "Ban", some pushing to Distinguish between Genetic Modifications on "an Individual Person" or also to Next Generations' "Germ-Line" - absolutely Prohibited by CoE's PanEuropean "Oviedo" Convention on BioEthics (1998), etc.

 

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>>> Pope Francis, in a landmark Speech to EU Parliament in Strasbourg on 2014 (See "Eurofora"s NewsReport from the spot, then : ...), had Denounced the "Dismay" with which "we see Technical ...Questions Dominating Political Debate, to the Detriment of genuine Concern for Human Beings", where "Men and Women Risk being Reduced to mere Cogs in a Machine". And he Warned MEPs aainst "the Great Mistake made <<when Technology is Allowed to Take Over>>", as he stressed, making a Timely Reference to his Predecessor, Pope Emeritus Benedict's unforgettable Text "Caritas in Veritate", published as an Encyclic on 29/6/2009 :


 - "A particularly Crucial Battleground in Today's cultural struggle between the Supremacy of Technology, and Human Moral Responsibility is the field of BioEthics", had clearly Denounced Benedict then. "In this most delicate and Critical area", "Scientific Discoveries ...and the possibilities of Technological intervention seem so Advanced as to Force a choice",  "Faced with ...Dramatic Questions" : "Today" it "has become a Radically Anthropological Question, in the sense that it concerns not just how Life is conceived, but also how it is Manipulated, as Bio-Technology places it increasingly under man's control. In Vitro Fertilization, Embryo Research, the possibility of manufacturing Clones and human Hybrids: all this is now Emerging" . "Here we see the clearest expression of Technology's Supremacy". "We must Not Underestimate the Disturbing Scenarios that Threaten our Future, or the Powerful New Instruments that the “culture of Death” has at its disposal". "...We may well have to add in the Future — indeed it is Already Surrepticiously present — the systematic Eugenic Programming of Births", Benedict had Warned. "These Scenarios ... Deny Human Dignity" and show  "Indifference ...towards what is, and is not, Human", with "the Risk ...of a Conscience that can No longer Distinguish what is Human", he had Denounced.

 

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Curiously, Benedict had his Right Hand Broken, by an UnPrecedented "Fall" on July 2009, shortly After Speaking about that Text with former US President Barack Hussein Obama, who had just taken a Controversial Decision to Authorize Federal Funding of Genetic Manipulations on Human Embryo on March 2009, (Cancelling a "Ban" decided, previously, by his precedessor, former US President GWBush on Mid-August 2001, i.e. at the Eve of 9/11 UnPrecedented Massive Deadly Terrorist Attacks on New York and Washington DC, which Killed about 3.000 innocent People and Provoked a Radical Change in Worldwide Politics). And only 1 Month Later, at the End of that Summer 2009, Benedict also Faced then, even ... a 2nd Brutal Attack against his Broken Right Hand, when an allegedly "Mentaly Deranged" Person from Switzerland astonishingly crossed all Security Barriers totally Unhindered and Fell on Him, Throwing the Pope Down to the Floor ! Miraculously, he was Saved, but anOther Old Religious Dignitary, who stood at his Side, had his Leg Broken by that Violent Attack, and underwent a Chirurgical Operation, being closed in a Hospital for more than a Month... Just a Few Months Later, from 2010, a Systematic Massive Media-Campaign Accusing and Slandering the Catholic Church for alleged crimes reportedly committed by some individual Priests a Long Time Ago in the Past : Even 20 or 40 Years in the Past (sic !), suddenly broke out and Persisted as Never Before. On 2012 started Alarming Rumours about various alleged Attempts or "Plots" to Brutaly Eliminate Benedict himself, and at the Beginning of 2013 he notoriously Surprized all the World by Resigning, (a move Never made Before by a Pope, except only once, in very Exceptional circumstances, More than 6 Centuries ago !).


Almost Similarly, mutatis-mutandis, new Pope Francis, Immediately after making a Highly Symbolic and Mediatic Visit to the "Cemetery of UnBorn Childs" (i.e. Human Embryos), on August 2014, learned, on his Flight back to Rome, that his closest Nephew's Family had just been Brutaly Decimated, at his Home-Country of Argentina, when a Heavy Lorry suddenly Fell on his Car, Crashing and Killing his Wife and Children and Wounding him Seriously. By another Coincidence, that Deadly Lorry transported Seeds from a Region where USA's Controversial "MONSANTO" Multinational Company exerted Pressure to Impose an UnPopular "Geneticaly Modified" Crop Against which, the Local Population was Fighting a Hard Struggle, Denouncing serious Dangers on Human Health, including even on Pregnant Womens' Embryos, etc.


All these Facts might, eventually, be a Series of mere Coincidences. It's also True that Pope Francis had already made in Rome a Crystal-clear reference to the Moral need to Protect Human Life from the Inception, up to Natural Death, (i.e. including Human Embryos), in Harmony with his Personal choice to refer to Saint Francis of Assisi, well known also for his Love of Nature and Protection even of Animals, nowadays Notoriously affected by gross Genetic Manipulations, (f.ex. in Latin America, Saudi Arabia, as Horses, etc). But he did Not face Any known Problem, then. However, the above-mentioned Facts, are also Undeniable and Strange, deserving to be Noted, Instead of being Hidden.

 

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=> As far as Human Rights are concerned, ECHR's EuroJudge Paulo Pinto de Albuquerque's previously mentioned reference to a New, "3rd Generation" Category of Rights, and particularly those who Protect Collective Interests and Values, which are Shared by Many and Belong to Groups of People, entire Communities, Nations, Countries or whole Societies, (Comp. Supra), could, Obviously, find here a Fertile Ground for possible Development in the foreseable Future, since they concern, now, the whole Humanity, given that eventual Genetic Manipulations as those evoked above, can Affect all Humankind.  


Thus, "Fraternity" could become also a BioEthical idea !...

 

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(../..)

 

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***

 

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

 

*** 



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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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