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Accueil 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

Ecrit par 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.


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


    - 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.


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

 
    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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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


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    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

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-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

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    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

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     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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