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Home arrow newsitems arrow CoE SG Free Speech Envoy to Turkey, Stoudman, to EuroFora: All issues in 2 Visits 1 Report (Web incl

CoE SG Free Speech Envoy to Turkey, Stoudman, to EuroFora: All issues in 2 Visits 1 Report (Web incl

Written by ACM
Friday, 17 June 2011

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All issues related to Free Speech in Turkey are due to be checked  by the CoE at the Top, in 2 Visits and 1 Report, starting from the next few days, said CoE Secretary General, Thornbjorn Jagland's envoy on Freedom of Expression in Turkey, Gerard Stoudmann, speaking to "EuroFora" at the eve of his 1st Visit to Ankara, immediately after OSCE and CoE Assembly's delegations denounced "Worrying developments, especially regarding Freedom of Expression, including Media Freedom", just after observing the latest Turkish Elections, snatched for a 3rd time in a row by Tayip Erdogan, the leader of pro-Islamist Party AKP, reportedly even with More Votes than in the Past, despite a sharp 2009 Economic Drop, rising Unemployment, Inflation and public accounts' Deficit, at the same time with a notorious Deadlock in the controversial and unpopular EU - Turkey negociations.


Stoudman revealed to "EuroFora" that he's due to start visiting Turkey, for the 1st time, in the next few days, but without being able to anounce yet any particular date.
He intends to add, later on, also another, Second viisit to Ankara, eventually from September.


The aim of his mission is to gather enough first hand, original material for a Report due to be published by CoE's Secretary General, Jagland himself, "on Autumn", Stoudman told "EuroFora".


This probably means before a New Annual 2011 EU Report on Turkey's efforts to meet European Standards, including on Human Rights, is adopted, as usual, on October or November, by EU Commission, which was notoriously Critical on Freedom of Expression problems in Turkey last time (2010).

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The idea to send a Personal Envoy to check what is really going on now about Freedom of Expression, Media and Journalists in Turkey, was anounced by Jagland just after meeting with Erdogan, last April 2011 in Strasbourg, to CoE's Journalists including "EuroFora", when Turkey was close to end its CoE's rotating chair period (11/2010-5/2011).


+ CoE's Head is a well known supporter of Turkey's controversial and unpopular EU bid, and had pointed at his relations with Turkish Prime Ministe Erdogan before his 2009 Election. But, immediately after he took over the Responsibiliy to head the Strasbourg-based PanEuropean Organization for Human Rights, Democracy and Rule of Law,  he has also repeatedly declared his support to French, German and Russian Leaders, Presidents Sarkozy and Medvedev, as well as Chancellor Merkel's GeoPolitically Stategic Vision for a "Great Area" linking the EU with Countries such as Russia, Turkey, EFTA Group (Norway, Switzerland, Lichtenstein), etc., independently of any eventual EU aspirations, (See Jagland's replies to "EuroFora"s Questions on 2009, 2010, etc).

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Stoudman has just given a 1st important proof of both his close and trustful personal links to CoE's Head Jagland, as well as of having acquired a unique overall view of CoE's activities related to the Warsaw 2005 Summit strategy focusing on Human Rights, Democracy and Rule of Law, by concluding a delicate initial Mission in the ..."hottest" issue inside Strasbourg's PanEuropean Organization, as Jagland's Representative for an ambitious internal "Restructuring" of its more than 60 Years aged Secretariat, which has recently started to overcome the manifold consequences of a Past Division of Europe during the former "Cold War", due to serve now almost 1 Billion People and their relations with Neighbouring Countries (from 3rd Mediterranean up to Asian States) and the rest of the World, in the New GeoPolitical a.o. realities of 21st Century.
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     - "When you'll go to Turkey, please visit also our f. Collegue", (an Elected representative from the Kurdish areas of Turkey, member of CLRAE)" who is still in Prison" (since 2009), Stoudman was asked by Jean-Claude Frecon, experienced vice-President of CoE's PanEuropean watchdog on Local and Regional Democracy (CLRAE), and Chairman of its Chamber of Local Authorities, a Socialist French Senator.

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    CLRAE's latest Session in Strasbourg, debated and adopted a Resolution on Turkey during March 2011, which pactically denounces the "Destruction of Democracy" in Local/Regional level, by the "Disproportionate" decision, taken by the Turkish Authorities shorty after the 2009 Local/Regional Elections (largely won by pro-Kurdish Candidates, massively Elected in Turkey's mainly Kurdish areas at the South-East, to systematically prosecute, arrest and throw to Prison some 2 or 3 Thousand People just for statements that they allegedly made, (See relevant "EuroFora"s previous NewsReport).
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    + Meanwhile, "EuroFora" asked Stoudman if, in addition to classic "hard" problems on Press Freedom notoriously existing since long in Turkey, he intended, or not, to include in his New Mission also some controversial Draft Laws, recently denounced by various Popular Demonstrations, to reportedly submit Citizens' Access to Internet to preliminary checks of their Personal Data, (f.ex.. requiring an ID and a Password just to connect to the Web, etc.), that the Turkish AKP Government had reportedly prepared to start imposing from August or later-on.

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    Such new issues have recently become of growing importance, particularly after the still on-going Popular Uprisings, with large aspirations for Democracy and  Social Development, in all other 3rd Mediterranean Countries, from Morocco up to Syria, with various repercussions, from Government-agreed deep Reforms up to Revolts, etc, where the World Wide Web is notoriously used by most Actors among Citizens' various movements, as well as even in the recent, 2011 "G-8" Heads of State/Government Summit, chaired by French President Sarkozy, last May at Deauville, (See related "EuroFora"s NewsReports from Paris and Deauville).


    - "All issues related to the Freedom of Expression", (protected by Article 10 of the European Convention on Human Rights), are normally included in my Mission, replied Stoudman to "EuroFora"s question in a crystal-clear positive way, obviously confirming the inclusion also of Internet-related Article 10 Press/Speech Freedom cases.

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On the contrary, "EuroFora" didn't raise now with Stoudman the issue of Adali's Murder case, the dissident Turkish Cypriot Journalist who was killed with 5 Bullets at his Head out of his Family Home in the Territories of Cyprus Occupied by Ankara's Military, resulting in a 2005 Condemnation by ECHR of Turkey's failure to make any efficient Investigation to find and punish those Responsible, which was astonishingly "closed" on June 2010 inside CoE's Committee of Ministers immediately after the Turkish Government assumed the Responsibility of the Rotating Chair of its Secretariat, despite the fact that Turkey hadn't made any progress at all in that enquiry, contrary to its obligaion to implement ECHR's judgement. (See earlier "EuroFora"s NewsReports on Adali's case, compared with that of Gongadze, where, on the contrary, Ukranian Authorities show a will to accomplish their duty).

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     But CoE Head's envoy should certainly have the means to be easily informed of Relevant Press Articles on important issues concerning his new area of responsibilities, particularly when they are written in English and published among the few long-time EU/CoE Press Correspondents based in Strasbourg as "EuroFora"'s co-founder, (+ 17 Years : +9/1993-2011).
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    In fact, CoE's Head, Jagland's move on Freedom of Expression in Turkey can be based not only on the above mentioned agreement with Turkish Prime Minister Erdogan, after so many serious Concerns expressed on the matter by the EU, CoE, OSCE and other European, PanEuropean or International Organizations, but also, eventually, on the Powers that gives to CoE's Secretary General the Article No 52 of CoE's Statute, according to which, the S.G. of the PanEuropean Organization may ask any Member State (or States) to reply in questions concerning the way it intends to fulfill its obligations and commitments undertaken vis a vis CoE's principles. (An important institutional Power, which has already been used, in recent years, f.ex. for enquiries in all CoE's Member States, about rumours of CIA "Secret Flights", "redditions", "secret Prisons", etc., unofficially covered under "anti-terrorism" alleged suspicions, etc).


    But, as even USA Media critically denounced this week, obviously, a CoE move on Freedom of Expression particularly in Turkey seems more and more necessary today, because various actors "raise alarms, complaining of Mr. Erdogan’s abrasive, confrontational style, Islamist roots and thin-skinned authoritarianism", while even "the OSCE says Turkey has the Highest Number of Imprisoned Journalists (57) in the World — more than Russia, China or Iran !"...  

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    Indeed, according to OSCE/PACE's official Conclusions, concerning "the 12 June 2011 Elections to the Turkish Grand National Assembly...  there were some Worrying developments, especially regarding Freedom of Expression, including Media freedom", (See earlier "EuroFora"s NewsReport).

- “To fully live up to its Democratic Commitments, Turkey must do More", pointed out the Head of OSCE's Delegation and OSCE Assembly's vice-President, Pia Christmas-Moeller (Denmark). -“Free expression and a Media Environment in which Reporters are Free from political Pressure and Intimidation, are Critical for Turkey", the Top MEP warned.

- In particular, "some elements of the Legal framework continue to Constrain activities of the Media and political Parties, by Limiting Freedom of Speech".

+ In addition, "the 10 percent threshold for political party representation in Parliament – the Highest in the OSCE region – remains one of the central issues that Limit the Representative nature of the legis-lature. "


- Moreover, Turkish "Government Control over influential Media groups allegedly resulted in Biased reporting and self-Censorship".

- The latter is an understandable consequence of the Fact that "Observers noted the Detention and ongoing Investigations of more than 50 Journalists in Turkey", OSCE and CoE criticized.


"Limiting freedom of the media is a violation of the 1990 Copenhagen Document and a host Council of Europe documents", they warned Turkish pro-Government MEPs.
    

CoE's Assembly has recently adopted texts making National Delegations of MEPs Responsible for their Government's failure to implement ECHR's Judgements, and this is due to be further discussed and voted also next week in Strasbourg at a Report drafted by the President of PACE's Legal/Human Rights Committee, Christos Purgurides from Cyprus (ChristianDemocrats/EPP) on Thursday.


"Putting journalists under the permanent Threat of Criminal lawsuits", resulted, according to "many observers, including the OSCE Representative on Freedom of the Media", by a "ruling" of "2 May 2011", by which, "the Turkish Constitutional Court amended the Press Law to extend .... filing Criminal cases against Journalists from 2 Months to 8 Years".


Turkish Prime Minister Erdogan astonished many CoE observers, last April in Strasbourg, when he replied to critical questions on Press Freedom Violations in Turkey, by merely boasting that he had been, himself, persecuted in Courts and Jailed (for 2 Months), but afterwards created a new Political Party, won elections, and got the top political job.. I.e. practically challenging Dissidents, many of whom are systematically submited to Harassing Attacks, Censorship, Criminal Prosecution, many Years of Imprisonment, and/or killed, without the instigators of their Murderers ever found until recently ! (Comp. f. ex. Turkey's condemnation by ECHR even in the famous Armenian Journalist Hrant Dink's cold-blood 2007 Murder, in a Judgement taking into account all developments in the investigation until it was published in Strasbourg at the Autumn of 2010, revealing several astonishing Facts on the behavior of Turkish Authorities vis a vis Murderers of Critical Journalists, obviously able to provoke a Chilling effect, Intimidation and/or Self-Censorship during the crucial following Months at the eve of June 2011 Election...


ECHR's Revelations on a scandalous treatment of the Hrant Dink Murder case by Turkish Authorities came shortly after Turkey managed to "close" CoE Committee of Ministers' examination of Ankara's duty to implement ECHR's Judgement which had condemned her for totaly failing to make any efficient Investigation on the cold blood Murder of Dissident Turkish Cypriot Journalist Kutlu Adali, shot with 5 Bullets at his Head in front of his Family Home in the Territories of Cyprus Occupied by Ankara's Army. (See earlier "EuroFora"s Publications on that case).
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 - "On 2 May 2011 the Turkish Constitutional Court amended the Press Law to extend the statute of limitations for filing criminal cases against journalists from two months to eight years. This ruling has been cited by many observers, including the OSCE Representative on Freedom of the Media, as put-ting journalists under the permanent threat of criminal lawsuits.


+ In addition, "Many stakeholders raised Questions about re-markable Changes in the Number of registered Voters in recent years, and the printing of a Dispro-portionally high number of Excess ballot Papers", OSCE/PACE critically observe, (obviously because all this might have been abused for any kind of Mass Fraud), apparently without getting any convincing Answer.. .


- "There was Heavy police presence and Tensions in parts of the South East, as well as isolated reports of physical Attacks".



+ Moreover, "there were initial Problems with the Registration of some Independent Candidates", merely notes the OSCE/PACE delegation's rapporteur, apparently ignoring the Fact that even a Child (Orenc) was reportedly killed by Bullets during an attack by Turkish State Agents against Demonstrators protesting for the Exclusion of 12 Independent Candidates in the Kurdish areas.



A Swedish and a Danish MEP from CoE and OSCE's Assemblies, Kerstin Lundgren and Pia Christmas-Moeller, headed the joint Delegations.


***

(NDLR : DraftNews, as already send earlier to "EuroFora"'s Subscribers/Donors. A complete and more accurate Final Public Version is due asap).

***
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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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