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Home arrow newsitems arrow CoE new Human Rights Commissioner Muiznieks (2012-2018) to EuroFora on Internet Journalism Freedom+

CoE new Human Rights Commissioner Muiznieks (2012-2018) to EuroFora on Internet Journalism Freedom+

Written by ACM
Thursday, 24 May 2012
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*Strasbourg/Angelo Marcopolo/- The necessary Fight for Human Rights at the Internet, particularly in order to protect Journalists' only free space in case of oppression, but also for other Democratic Freedoms and Rights (such as, f.ex., for Association, Demonstration, Private Life, Personal Data, Access to Information, etc) needs a Prospective view on still on-going and Future developments, in an area of crucial importance, specially for Young Generations, who don't practically use Traditional Media, but mostly New, Web Media, replied in substance to "EuroFora"s questions, CoE's new Commissioner for Human Rights, Nils Muiznieks, former Minister, who has just started his 6 Years new Mandate (2012-2018) after his recent Election among 3 candidates by CoE's Parliamentary Assembly on January 2012,  (See also other NewsReports on 2 more Differend issues on which "EuroFora" also raised  Questions to Muiznieks),

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- "EuroFora"  observed that, "concerning New Questions on Human Rights raised by the Internet, particularly as far as it concerns Freedom of Expression, while on 1995, f.ex.",  (when ECHR started to publish for the 1st time in History more than  500 Judgements per Year), "practically Nobody spoke about the Internet in Europe", (despite the fact that "EuroFora"s co-Founder had already Published, in 1995, a 1st set of EU/CoE News from Strasbourg at a Pioneer Website, Testbed of a "Europe in the World" project, later presented to EU Commission, in a Collective bid, officially accepted for examination in the framework of an EU Program on Funding Innovative Social uses of Modern Information and Communication Technologies : ESPRIT, on 1997), "on the contrary, now it evolves so Fast, that adopting a Prospective view pointing also at the Future, has become necessary".


- But, "to over-Simplify things, ....don't you think that this Challenge could also offer an opportunity, or even makes it necessary, to focus on Fundamental issues of Freedom of Expression, i.e. on the famous article 10 of the ECHR , instead of Bureaucratic or Formal aspects, as well as on the Deontology of Journalism, on which various Texts already exist, both on Europe and in the USA etc., both in the Past and during recent years, their main points being more or less similar in substance ?", "EuroFora" asked briefly CoE's new Commissioner on Human Rights.
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Muiznieks, who has recently expressed the view that "Media Self-Regulation", through "a Code of Ethics", "would Protect individuals or groups .. from unacceptable Abuse" and "prevent State Regulation", approaching a principle dear to "EuroFora" on even identifying Journalism as an ECHR's Article 10 activity (i.e. seeking, generating and publishing original News on issues which affect the People and matter for Society), produced according to Press Deontology methods (Comp. : http://www.eurofora.net/brief/brief/webmedia.html + http://www.eurofora.net/newsflashes/news/digitalpress.html), spoke to "EuroFora" during a meeting with Journalists organized by Strasbourg's Press Club.


 - "I absolutely agree that we must stress Freedom of Expression in the domain of New Media (at the Internet), that's logical",  CoE's new Commissioner for Human Rights positively replied to "EuroFora"s Question.


- "But what we observe today, is that Freedom of Expression in the Social Networks, (f.ex. Internet Forums, Facebook, Twitter, etc), is very very much really Linked also to Other Freedoms : F.ex. Freedom of Association, of Demonstration, etc., as well as to Participation in Politics, compared to other (Traditional) Media", he noted from the outset.- F.ex., "we see that in Teheran, in Moldova, in Russia, etc", he found. 

+  "I think that in Countries" (and/or during periods of Time) "where there are big Problems on Freedom of Expression", (as, f.ex. notoriously in the case also of Turkey, according to Facts revealed in both EU Commission's and EU Parliament's Reports, as well as in CoE's ECHR Statistics), "that's the only Area which remains still Free for Journalists", he rightfully pointed out.


A well known situation, particularly when the Control of Traditional Media is taken over and Monopolized by a few Ruthless  Lackeys of Oppressive and/or Corrupted Regimes, ("Chiens de garde", according to the famous Book of Historic French Writer Nisand)..

+ Moreover, today, "I have 2 Children : Aged 13 and 15 Years. They don't watch TV, they don't read Newspapers, they don't listen to Radios, but they are both, all the Time, at the (Internet's) Social Networks !", the new PanEuropean Commissioner on Human Rights acknowledged.

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=> "In consequence, we have to work with that Young Generation of People, because if we, as Defensors of Human Rights, we are not present there, then, it would practically mean that we'd abandon all that space to the Ennemies of Human Rights !" Muiznieks warned.

- "Thus, we must be there. We must use these New Technologies in order to promote Education and Training on Human Rights, Democratic Values, as well as in order to Fight against Ennemies of Human Rights", he strongly urged.

+ "But also in order to defend even Other Human Rights, not only Freedom of Speech", he reminded, (Comp. Supra).

>>> "So, I believe that here is a Huge Area for work there, and it's of an Essential Importance for us to Be (present and active) there", i.e. at Internet's New Media and Social Networks, (such as Discussion  Forums, Facebook, Twitter, etc),.

+ "We must also try to understand how all this is going to be developed in the Future, and take care for our Standards and Methods of Work to be adequately adapted", instead of staying too far away from such new developments in the New Media at  the Internet, concluded in reply to "EuroFora"s question CoE's new Human Rights' Commissioner for 2012-2018.

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- Because "nobody knows, today, what the situation will be 6 Years later", observed earlier Muiznieks, who had declared from the outset his intention to "make of Journalists' protection a Prority", during his "6 Years Mandate" (2012-2018), "particularly in the Social Networks and the New Media" recently developed "by the New Technologies" via the Internet, where the "protection  of Private Life" and personal data, etc., are also among a series of new issues of growing importance, as he observed.                           

Speaking later to "EuroFora", Muiznieks noted, smiling, also the current rise of "Pirates" political parties' revendications at the Internet, throughout Europe, from Sweden to Germany and other EU Countries, as well as in EU Parliament, which also raise various other concrete issues, (Comp.  f.ex.,  "Pirate Bay" website's controversial claims, including vis a vis Human Rights).

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On all these prospective matters, a possible EU - CoE cooperation, according to Muiznieks' overall strategy, could be f.ex. for EU's brand new Wienna Agency on Rights, to make a Prospective Study on Internet's New Media's trends and Human Rights/Democratic Freedoms' issues which already are and/or might be raised in the foreseeable Future, while most of the systematic and comprehensive Monitoring work on the spot (including, f.ex. by Visits, etc) would be carried out by the office of CoE's Human Rights' Commissioner, (See other relevant "EuroFora"'s NewsReports, herewith).                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

(../..)
 
(Fast Translation from the original in French - 1 among the 3 Questions/Replies' interaction between "EuroFora" and CoE's new Commissioner on Human Rights, Nils Muiznieks : See the other 2 in independent Publications, herewith, asap).

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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

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      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
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ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
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    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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