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Home arrow newsitems arrow CoE Commissioner Mujnieks+IPCAN Head Toubon to EF: Terror Suspects+Victims' Rights v. Police

CoE Commissioner Mujnieks+IPCAN Head Toubon to EF: Terror Suspects+Victims' Rights v. Police

Written by ACM
Friday, 15 September 2017
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*Strasbourg/CoE/Angelo Marcopolo/- In fact, it's on their main Duty to Protect Humanity against Barbarism, that conscientious Policemen have to Focus, Both when they must be Tough, Fast, Bold and Smart in order to Save Innocent People and the Society from Islamist a.o. Deadly Terrorist Attacks, and when they must Take Care to Avoid or Rectify on time eventual Abuses of the Powers that Society entrusts to them, agreed the Experienced Head of the IPCAN European Network of Human Rights Watchdogs on Police Activities, former Minister and currently Ombudsman in France, Jacques Toubon, speaking to "Eurofora" at the Conclusion of a Press Conference on a 2 Days Long PanEuropean Colloquy co-organized with the CoE on the Respect of Citizens'" Rights and Freedoms in the Context of Strengthening the Fight against Terrorism".

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This rare event, including Police Watchdogs from several European States, Human Rights' Defenders (including from the EU and CoE, etc) and experienced Police Oficers, took place right in front of the ECHR's Building in Strasbourg, but also the Same Day that a New Terrorist Attack stroke earlier this Morning at London's Subway, making about 30 Wounded Victims, closely Followed also by 2 Knife and Hammer Islamist Terrorist Attacks in France against Police or Civilian Women in France.


Toubon, as well as COE's Commissioner on Human Rights, Nils Muiznieks, together with British and Danish Representatives of that unique "Independent Police Complaints Authorities' Network" (IPCAN), Replied earlier, During that main Press Conference at the CoE to a series of Topical "Eurofora"s Questions, Starting by one on the obvious, Today, need to Balance Both Terrorism Suspects', and Terrorism Victims' Human Rights adequately, in an "Increased Tension", nowadays, that CoE's Conference had earlier noted, between a Need to Protect, but also to Respect People, wondering how, concretely, a desired Extension of Independent Ovesight Authorities could practicaly help to Tackle this issue in the forseable Future :


(Recently, indeed, some Islamist Terror's Victims' Families had reportedly Criticized what they found as Lack of elementary Protection, f.ex. vis a vis ISIL's Deadly Attacks in Paris, at "Bataclan", on 2015, followed also by those at Nice, on 2016, etc. as well as in other similar incidents in Europe, as "Eurofora" reminded, citting also Articles 1, 2, 3 and 13 of the PanEuropean Convention of Human Rights, etc).


- Indeed, a Citizens' "Right to Safety", is something recognized "since Long", (f.ex. even since the French Revolution's Declaration of Rights, already as early as "since 1789"), and, "therefore, ECHR", in fact, Nowadays, "tries to strike a Balance between what is Necessary for that Legitimate Right to Security, and the Guarantees of the Fundamental Freedoms for all", as a matter of principle, President Toubon replied.


 - "It's in this Framework, that we speak about the Rights of the Victims, f.ex. of the recent Terrorist Attacks, on which we have recently worked", Toubon, who is also France's Ombudsman or, alias, "Defender of Rights", added in his Reply to that 1st "Eurofora"s Question.


 - "As far as it concerns, now, Police's Behavior, according to IPCAN's official Declaration, adopted Today in Strasbourg, those People who might Feel to have Suffered from ill-treatment by the Police, must be able to easily Present their Complaints, in order to be Examined by an Independent Authority", he stressed.


   - "In addition, naturaly, to the fact that Courts are always available for eventual Criminal Sanctions", in both cases.


    + "Human Rights are, obviously, for Everybody, withOut Distinguising between Victims and Perpetrators, Guilty or Innocent", etc., in cases of Terrorism, and People's "fundamental Right to get Protection is a Fundamental Issue, also for all Society", went on to Add, in Reply to "Eurofora"s above-mentioned Question, also Brittish deputy Chairwoman of UK's Independen Police Complaint Commission (IPCC), Sarah Green.


  - As far as "the Independent oversight of Police's Actions" is concerned, including States' Duty to found "Really Independent" Bodies, this still is, "an On-Going Challenge", Mrs Green went on to say. It's also "Important, in terms of Public Confidence", that "every day, we can prove, that any Investigation that we make, has an Added Value", she advised.


  => F.ex., Replying also to anOther, Specific "Eurofora" Question, on the Notorious Tragic case of an Innocent Brazilian Student, Jean-Charles Menedez (da Silva), a White Christian curiously, Erroneously Confused with an Arab Muslim Islamist Terror Suspect of Suicide-Bomb Attacks, and Brutally Shot and Killed by some London Policemen, Back on 2005, (i.e. just After the First Terror Bombings in London's Subway and in a Bus, which had just Killed or Wounded Many other Civilian People), Green found, in substance, that IPCC's Critical Investigations on that Blunder, even if they concerned an "Old Case", still were, indeed, "Worth Reflecting" on how to act in Recent Cases.


    - Even if the situation might have become "Completely Different" nowadays, f.ex. during "the Recent Terror Attacks", we have found that it's better to "Work Closely" with the Police, "while Respecting our Boundaries", and that Tragic Affair had Helped to do a useful "Learning", she concluded.


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    - Danish Director of the "Independant Police Complaints Authority" (IPCA) at Copenhagen, Kyrsten Dyrman, replying also to "Eurofora"'s Questions, stressed, in particular, that, one among the Main Conclusions of an "Evaluation" that we made, was that, "for the Danish People", the "Independance" of a Police Oversigt Body, as ours, was something "very Important".


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    + Returning back to "Eurofora"s Initial Question "about the Victims of Terrorism", CoE's PanEuropean Commissioner for Human Rights, Nils Muiznieks, replied that, at least, "Human Rights can Help them Not to become Doubly Victimized" :


    - F.ex., at the South-East of Turkey, Ankara's Authorities had so much "Over-Reacted" to some Terrorist Attacks, that they had Destroyed a lot of Vilages, and Violently "Displaced many Hundrends of Thousands of People !", CoE's Commissioner Denounced.


    - But, "according to a Human Rights approach, any Reaction has to be Strictly Proportional to what is really Needed", Muiznieks reminded, as a matter of Principle.


     - Therefore, Human Rights can Help also Victims of Terrorism, Not to be "Dually Victimized", he concluded.


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    IPCAN's next Bi-Annual Conference is due to take place on 2019 in the UK, announced, in fine of Today's Press Conference, President Toubon.
    And it's due to Focus on the Need to Build "Trust" between the Police and some Communities, he added.


    I.e. an issue on which, at least as far as it concerns the recent Deadly Islamist Terrorist Attacks targetting innocent Civilian Peopla are concerned, the above-mentioned Opposition between "Humanity and Barbarism" (Comp. Supra), could certainly he Helpful, Toubon agreed with "Eurofora".

 (../..)

    
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Sarkozy and Merkel want deals with Obama on European Security at Strasbourg's NATO 2009 Summit

oscenato
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In parallel but concording moves, EU Chair, French President Nicolas Sarkozy and German Chancellor Angie Merkel both invited this week US-President elect, Barack Obama, to discuss important deals breaking new ground on European Security during the NATO's 60 Years Anniversary Summit of Heads of State in Strasbourg, where Obama is expected to make his 1st visit to Europe as a President on April 2009.

Merkel focused mainly on smoother NATO - EU Defence and Security policy cooperation, while Sarkozy spoke about PanEuropean Security, associating both Russia and the USA, proposing to freeze missile and shields' deployement until an agreement is reached.

But both tackled some hard nuts to crack : Turkey's VETO against the participation of EU Member Cyprus to EU-NATO cooperation, and Russia's anouncement on deployment of missiles up to Kaliningrad, at EU's belly, in reply to USA's wish to set up missile shields in EU States such as Poland or Czech Republic, etc.


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- "Certainly...one of the points that we'll dicuss with the New US President", Barak OBAMA, "who will come f'or the 1st time in Europe as president, at the NATO Summit", co-hosted by France and Germany in Strasbourg, ""concerns, above all, the European Security and Defence Policy" (ESDP), and "the relations between NATO and its partners", with whom it should "work together", anounced earlier this week Merkel.

We must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", because of a "series of practical issues, sometimes difficult to understand", but that "we must discuss".

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- "An example" of that is "the issue of Cyprus and Turkey", said Merkel, where Ankara raises problems "from Kosovo up to Afghanistan", as also CoE's chair, Swedish Foreign Minister Carl Bildt recently observed in Strasbourg replying to EuroFora's questions.

- "We must do something to smoothen this problem for good, and not only on a case-by-case basis, laboriously negotiated each time". Here, we must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", Merkel stressed.

- "With good will from all sides, it could and should be posible. Germany wants also to help on that". Otherwise, "the coming generations will not understand why it took Decades to do so". But, if we "don't even achieve that for Decades, this would be an Historic Failure !", the German Chancellor warned

- "I think that our American partners are increasingly realizing that", Merkel said, pleading for "a stronger European Security and Defence policy, with which, I believe, the Atlantic Security Partnership can also strengthen and solidify".

Meanwhile, USA is also due to take in 2009 a special status inside EU-led EUROCORPS, the European Army HeadQuarters, based in Strasbourg.

Merkel said that after meeting in Berlin with NATO's Secretary General, Jaap de Hoop Scheffer, earlier this week, precisely in order to "prepare NATO's Summit", scheduled for the beginning of April 2009 in Strasbourg.

Scheffe, knows well Strasbourg, since he chaired the CoE, as Holland's Foreign Minister, when he brokered a controversial deal precisely on Turkey and Cyprus about the implementation of ECHR judgements on Greek Cypriot displaced persons' houses and properties in 2003. He returned later at least once, for a WEO meeting at the CoE, where he precisely had highlighted such EU - NATO issues.

EU Commission's 2008 Report on Turkey has just observed that, on European Defense - Security policy, "Turkey continues to object to EU-NATO Cooperation which would involve all EU Member States". "This created Problems for EU-NATO co-operation in the context of Civilian ESDP missions, in particular in Kosovo and Afghanistan".
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 French EU Chair, President Sarkozy and Merkel are visiting Washington on Friday and Saturday for a Global G-20 Summit with current US President George Bush, on the sidelines of which are expected preparatory contacts with US President-elect Obama's entourage, even if himself might stay in Chicago until he takes over on January 21.

Before going to Washington, Sarkozy concluded today an UE - Russia Summit with Dmitry Medvedev, where they "spoke in length on PanEuropean Security" :

- As EU President, I proposed that we meet on mid-2009 in a framework such as OSCE's in order to set the foundations of a Future Pan-European Security, which would associate Russia and USA, and that, meanwhile, nobody speaks about deploying missiles or shields, which complicate the situation".

- NATO's Summit in Strasbourg-Kehl, on April 2009 is a perfect occasion to discuss with our American friends and to prepare a possible OSCE Summit for these issues f.ex. for June or July", Sarkozy concluded.

- We must all abstain from Unilateral measures" dangerous for Europe's security. "Russia only reacted to decisions taken by some other countries. But if they are ready to cooperate, we are ready to discuss. EU could be an intermediary", added Russian President Dmitry Medvedev, before going himself too at the Washington G-20 Economic Summit.

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