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Haupt 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

Geschrieben von ACM
Freitag, 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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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

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- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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