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Home arrow newsitems arrow CoE French Chair's top Diplomat Mattei to EF on Russia: 6/2019 Timing OK, but Change needs Move

CoE French Chair's top Diplomat Mattei to EF on Russia: 6/2019 Timing OK, but Change needs Move

Pisac ACM
15. 05. 2019.
 coe_frenc_presidency_ambassador_matei_reply_to_agg_questions_eurofora_400

*Strasbourg/European area/Angelo Marcopolo/- Experienced French Ambassador/Permanent Representative to the CoE, Jean-Baptiste Mattei, replying to "Eurofora"s Questions on the issue of Russia, at the Eve of a Crucial CoE's Foreign Ministers' Summit in Finland, just before France takes over the Presidency of the 47 Member Countries-strong Strasbourg's PanEuropean Organisation of Human Rights, Democracy and Rule of Law, for the Period of May - November 2019, confirmed that June was a Good Timing for a Solution, but also added that it's not yet clear if Ukraine's current political changes might bring, or not, a new stance on that point, and suggested that Moscow could facilitate things by one or another positive gesture.

Meanwhile, after French President Emmanuel Macron, at a recent meeting with CoE's Secretary General Thornbjorn Jagland, spoke in favour of CoE's PanEuropean Dimension, i.e. including key Non-EU Countries, (mainly Russia, but also Turkey, Ukraine, Georgia, Azerbaidjan, Armenia, etc), as well as for Moscow's Membership, with due Respect to CoE's Principles, Mattei announced that Solving the Russian Issue would be the "First Priority" of the incoming French Presidency.

Not only Because of the 33 Millions € of Russia's Annual Financial Contribution to CoE's 430 Millions-strong Budget, ("Freezed" by Moscow since 2017, in Reaction to Sanctions imposed to Russian MEPs by a Controversial Vote in CoE's Parliamentary Assembly, including even DePrivation of the Right to Vote, Speak and/or Participate in leading organs, etc, on the Pretext of Crimea's "Annexion", that "many States consider illegal", as he recalled for what Moscow considers as a Peaceful Popular Referendum for Crimea's ReUnification with Russia, where it belonged for Centuries, after a Violent illegal "Putch" at Kiev topped a Democraticaly Elected Government and slamed an EU-Sponsored Peace Agreement just concluded between All Ukranian factions, including for Amnesty, National Unity Government and New Elections, etc). That could be Faced by several CoE's Economies, followed, in case of prolonged No-Solution, also by a Plan including to Reduce Staff, etc.

But much More Because of the crucial Importance that has CoE's main "Specific" Character, with a Wide, "Pan-European" Dimension (Comp. Supra), and, particularly, the Need to Protect some 140 Millions of People's Human Rights by the ECHR and other CoE's key Monitoring bodies, whose Case-Law is mostly Applied by Moscow, as also Warned several Critical NGOs, who Risk to Lose Access to EuroJudges, if Russia might be pushed to Leave the CoE, Mattei reminded.

 

coe_french_presidencys_top_diplomat_ambassador_mattei__looking_straight_to_reply_to_agg_questzl_eurofora_400
 

- In Addition, the Top French Diplomat Agreed with "Eurofora" that "there is also a Problem of Timing", since a Solution on June 2019 would be the Best, so that Russian MEPs might Participate, then, in the forthcoming Election of CoE's Secretary General by the Parliamentary Assembly : Otherwise, Russia might find a Pretext, Afterwards, by Claiming that it was Hindered even to participate in the Election of CoE's future Head, for the Period of 2019-2024,  as Ambassador Mattei warned. (+A supplementary Point being, also, the Fact that, in case of Non-Solution extended even AFTER June 2019, a ProLonged Blockade of the above-mentioned Financial "Freeze", might provoke Serious Problems even for Russia's Membership in the CoE : Comp. Supra).

- But, Nowadays, "it's Too Early to say" yet what exactly would be the Stance of the New President of Ukraine, Zelensky, recently Elected : He hasn't yet appointed a Government, not even named a Foreign Minister, etc., so that it's Hard to Tell now what will be his main Intentions on that Issue tomorrow. So, at least for the Time being, I guess that a "Continuity" of Ukraine's current Policy might be the most probable, Mattei estimated.

- While Zelensky's official mandate Starts from June 3, the CoE's French Presidency's Top Diplomat agrees with "Eurofora", that, in case of No Solution for June 2019, the forthcoming Parliamentary Elections in Ukraine, until now Scheduled for October 2019, could still influence the political game, particularly towards a "Continuity" too.

- But he does Not Exclude explicitly an "Eurofora"'s hypothesis that, After those Elections, just Before the CoE's French Presidency concludes on November 2019, (f.ex. on October, when French President Macron is expected to return to Strasbourg, during the CoE Assembly's, autumn Plenary Session, when the Organisation's 70th Anniversary will be celebrated), a decisive move might be really made :

coe_french_presidencys_top_diplomat_ambassador_mattei__zl_eurofora_400 

 

- Significantly, Mattei even speculates about a possible "Anticipated" Election for Ukraine's Parliament, Earlier then initially scheduled, (which, obviously, might facilitate such an alternative scenario)... This is also considered possible by "Wikipedia", which warns that " it may be held Earlier, if a Snap election is called".

 

coe_french_presidencys_top_diplomat_ambassador_mattei__garden_eurofora_400 

- However, he also believes that, in order to have real Chances to succeed, Russia should better make some kind of "Positive Gesture" vis a vis the CoE, beforehand, as Mattei suggested, in conclusion of his Reply to "Eurofora"s relevant Question, (Comp. Supra).

- It could be something about implementing the "Minsk Agreements" (on Ukraine), or Prisoners, "Missing" Persons, (in Donbas), perhaps on Human Rights inside Russia, on the occasion of CoE Commissioner's forthcoming Visit to Moscow, etc., he guessed, inter alia, replying also to a subsequent question.

- Indeed, the Latest move by Vladimir Putin, to Ease issuing Russian Passports for Russian Speaking People in Eastern Ukraine's pro-Autonomy Regions of Donetsk-Luhansk, didn't really help to bring a better mood between Moscow and Kiev, Mattei critically pointed out, speaking of a controversial measure, recently denounced also by CoE Assembly's President.

It was justified mainly on "Humanitarian" Grounds, Moscow replied, meanwhile. Particularly as that measure followed an even More Controversial Decision by Kiev's out-going Poroshenko Government, to Oblige all Minorities, traditionaly Speaking Russian, Polish, Hungarian, German, Bulgarian, Romanian, Greek, etc. throughout various Regional/Local areas of Ukraine since Historical Times, to suddenly switch over to the Ukranian Language only, in all deals with Public Authorities in everyday life, as never before in that country...

That last-minute Poroshenko's move was strongly Criticized, inter alia, also by MEPs from various Countries and/or Political Groups, at a special "Side-Event" Meeting organized in Strasbourg during CoE Assembly's plenary session of Spring 2019, last April, including also Austrian MEPs who Reminded the Fact that in the period of Multi-Ethnic Austro-Hungarian Empire, in Wien's Assembly more than 11 working Languages were used, (as also in Multi-Ethnic former USSR, etc).

But an immediat Surprizing Reaction by the Recently Elected new Ukranian President Zelensky, officialized in a "Press Release", went Further  :

- "The Russian Passport gives the right to be Arrested for Peaceful Demonstration, ..to Never have Free Elections, to Forget Human Rights...", he denounced. On the Contrary, "We (Kiev) will give Ukranian Citizenship to ... Victims of Authoritarian and Corrupted Regimes, in any Countries, and particularly to Russians who suffer the most", he claimed. Because "Ukranian Citizenship is Liberty... We will serve as an Exemplary Democracy", he vowed.

- "Fine. Let's just Do it !", might spontaneously react many naive readers, enthousiastic.

But, there is a Problem : Astonishingly, by an incredible Coincidence, such an officially "Pro-Freedom" message, was, in Fact, send from ...Turkey !  Notoriously the Worst Nightmare in persisting Massive Violations of Human Rights, going from Torture and Inhuman/Degrading Treatments, up to Deprivations of Freedom of Speech, Persecutions of Jounalists, Dismissal of Judges, UnFair Trials, Abusive ImPrisonments, unpunished Killings, (etc) : Indeed, Zelensky was, curiously, eating "Kebab" at Turkey's "Bodrum", where some had pushed him to spend "Holidays", during a (Tragi-?) "Comic" Festival that Week-End, as "Paris-Match" newspaper reveals... Obviously Bad for Credibility, particularly on Human Rights' issues...

------------------------------------

However, it seems also true that Zelensky's succesful Election was mainly due to the fact that his Promisses Focused particularly on Fighting against Corruption, and for Peace at the Donbas' Eastern Regions,. (I.e. there where Poroshenko had notoriously Failed, and even become dangerously counterproductive, deceiving many from his former allies).

+ In Addition, the Experienced and Famous former Prime Minister Julia Timoshenko, (who had also Suffered in the Prisons of Janukovich), had been Spectacularly Surfing at the Top of all Polls, during Years, as the Most Popular Political Leader of Ukraine, until Recently, with a Program (and Posters) Highlighting the Key-Word: -"Peace" !

++ The First Polls, published After the Presidential Elections, clearly show a Big Boost for the New President's Party, and an even Bigger Growth for the "Opposition Platform - For Life", who Both claim to Focus on Peace too.

+++ Meanwhile, Between the 1st and the 2nd Round of the Presidential Election, and After a Press Campaign of several Months by "Eurofora", (including neglected key Facts on Important Issues, Questions/Replies with ECHR President and CoE's Human Rights Director, etc), the former MEP and National Hero of Ukraine, later fallen in disgrace and imPrisoned also to Kiev's Jails, after those of Moscow, when she started to speak louder about the Need for Dialogue with the pro-Autonomist Regions of Donetsk/Luhansk in order to make Peace, and suddenly Accused to plot ...brutal Mass Killings and a violent Putch, when she Denounced an Ukranian Establishment's Politician for having launched those Mysterious Deadly "Snipers" who notoriously Killed Both Demonstrators and Policemen, provoking Violent Clashes at Kiev back on February 2014, which topped the Elected Government and Cancelled an EU-sponsored Peace Agreement signed by All Sides, (See : ... + ..., etc), i.e. Nadeza Savchenko, was Liberated, on April 15.

Even if Poroshenko's Jails scandalously Hindered her to Participate in the Political Debates of the Presidential Election, (for which Savchenko had even made Hunger Strikes in Prison), nevertheless, she should, now, at least, participate into the forthcoming Parliamentary Elections, hopefully Adding also another Voice for Peace.

-------------------------------------------

In such a Context, obviously, the alleged Threats that Out-Going Poroshenko's Foreign Minister Pavlo Klimkine has reportedly launched recently, for Ukraine to Drop the Minsk Agreements if Russia is fully re-integrated into the CoE, as a collegue asked Yesterday in Paris the French Foreign Ministry's Spokesman during the Daily Press Point, were soberly Dismissed by the incoming CoE's Presidency's diplomacy :

- "The Commitments undertaken by the Parties for the Implementation of Minsk's Agreements, Must be Respected", as such, reads the Official Reply.

- Inter alia, also because "they should Not be linked to the (current and future) Situation inside the CoE", the French Foreign Ministry replied, clearly dismissing a useless and tricky, last-minute provocation.

+ It simply reminded French President Macron's recent Statement that "it's Important to Find a Solution allowing for Russia to stay inside the CoE, with all the Rights and Obligations attached to that", and, therefore, France calls all CoE's Members to support the current efforts made in this regard by the (outgoing) Presidency of Finland", (on 15-17 May 2019, at the Helsinki CoE's Summit, with the participation of New French State Secretary for European affairs, Amelie de Montchalin.

I.e. just before Paris takes over the PanEuropean Organisation's rotating Presidency, 22 Years after the Historic CoE's 1997 Summit of Heads of State/Government in Strasbourg, which had been Marked also by the Creation of "Trilateral" semestrial Summits between France, Germany and Russia : then = Chirac, Kohl and Yeltsin, of obvious Gaullist inspiration concerning a "Great Europe, from the Atlantic to the Urals", (Comp. "Eurofora" co-Founder's relevant Publications from the spot, then, to "TCWeekly"),which remained United, until the Deadly, Damaging and Dangerous Division of Europe, provoked by the Ukranian Conflict on 2014.

 

=> Time for Change ? 

 

 

 (../..)

 

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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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