COE Spokesman/Communication Director Holtgen to EuroFora on ICRC Head Maurer visit: Ukraine+MISSING
*Strasbourg/Angelo Marcopolo/- The critical Humanitarian Situation in Eastern Ukraine (where Winter-time has already started to arrive with Snow), and "MISSING" People particularly in "Frozen Conflicts", were among the main issues discussed by the President of the International Committee of Red Cross, Peter Maurer, during his exceptional Visits, Today, to CoE's Secretary General, Thornbjorn Jagland, and to the European Court of Human Rights, (the same Day that the PanEuropean Organisations' Committee of Ministers deals, here in Strasbourg, with a Crucial U-Turn in the long-standing cases of Massive Violations of Human Rights by Turkey against Cyprus' Refugees/Displaced Persons and "MISSING" People, after a landmark ECHR Grand Chamber new Jugdement which slamed blatant Lacunas and Failures to really Press Ankara to Execute ECHR's case-law which has repeatedly Condemned the Turkish Authorities for Serious Violations of the Right to Life, ill-Treatments, Usurpation of Private Properties and/or Interferences against Family Lives, etc of Thousands of People - Comp. : ...), as it results from what CoE's Communications Director and Spokesman, Daniel Holtgen, as well as other CoE's sources, revealed to "EuroFora" :
Due from the outset to deal with ICRC - CoE cooperation, the Humanitarian Crisis in Eastern Ukraine, as well as some other areas not included inside CoE's jurisdiction, (such as Syria, Iraq, etc), but also on certain General Questions about "MISSING" persons and relevant Humanitarian issues in "Frozen Conflcts", according to its Agenda, finally, Today Afternoon's meeting between the Heads of the two Organisations took Longer than expected, but appeared more Focused on main issues of common and Topical interest for Strasbourg's and Geneva's bodies' respective activities :
After "visiting also the ECHR (See Infra) and the rest of the CoE", (Comp. f.ex. Supra : ICRC chairs, indeed, the controversial "Committee on Missing Persons in Cyprus", composed by a Greek Cypriot and a Turkish Cypriot Members, whose notoriously Insufficient and often obstructed but useful work was reviewd these Days by CoE's Committee of Ministers), Meyer heard Jagland "commend ICRC's activities accross the World and in Europe, and the rest of the encounter reportedly Focused on the Humanitarian Crisis in Ukraine, (even if Mayer mentioned ICRC''s activities also at Nagorno-Karabach", etc).
In this regard, "Jagland welcomed ICRC activities in Eastern Ukraine, as well as in Crimea, and the meeting concluded with an Agreement to Intensify the Cooperation between the two Organisaations, including the Dialogue between COE's Secretary General and ICRC's President in the foreseable future".
Significantly, the move comes at the same time that also OSCE, CoE, and EU are reportedly Coordinating their Activities, particularly on Ukraine, especially since the recent beginning of the Belgian CoE Presidency in Strasbourg : November 2014 - May 2015, and in view of the forthcoming OSCE Annual Summit at Basel, later this week, etc, clearly pointing at an Intensification of the European, PanEuropean and/or International action apparently on Ukraine.
- In concreto, ICRC's President announced that the Geneva-based International NGO has managed to have "Access" at the Eastern Ukraine areas", including even those of the Autonomist Regions of Donetsk/Luhansk, where CoE's Secretary General had recently joined his voice to those who called for a "Humanitarian Aid" to be delivered.
- And "the ICRC is actually able to deliver" it now, "Not in Easy Circonstances, but in circonstances which allow it, nevertheless, to operate", as CoE's Spokesm, Daniel Holtgen, (who was present at that meeting, as well as during Jagland's recent visit to Moscow), carefully told "EuroFora".
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Meanwhile, a Draft Report of CoE's Parliamentary Assembly on the Humanitarian situation in Ukraine, denounces the fact that, in the Autonomist Regions of Lugansk/Luhansk, "Weeks of fighting" during the Attacks of Kiev's Military, "have left the area Damaged, with Demolished Houses and Infrastructure".
- In particular, there is still "No Electricity and Water; the latter being supplied by Trucks Irregularly. The Population (of some 4 Millions People before the Clashes) is very much Dependent on Humanitarian Aid". Moreover,"Health remains a primary Concern, as there is a Lack of essential Medicines, and many Hospitals and clinics are Closed because of the Damage" provoked during Kiev's Military attacks..
+ Moreover, ". On 5 November 2014, Ukraine’s Prime Minister (Yantsenuk) announced that the government would Freeze payments, mostly for public sector Wages and .... to parts of eastern Ukraine under separatists’ control. This move ... is likely to Worsen the already Dire conditions in which the Population is living",PACE's Draft Resoluition notes, while Luhansk Region's leadership has Denounced an Attempt from Kiev to "commit a Genocide" agains the Russian-speaking Autonomist regiions' Population.
- But, COE Assembly's Rapporteur, Jim Sheridan from the UK, after a 3-Day fact-finding visit to Kyiv and Kharkiv, stressed that the Ukranian "Government should Continue to fulfil its essential Responsibilities towards those still living in the rebel-held territories, who remain Ukrainian Citizens entitled to full enjoyment of their Rights. This will require increased assistance from the international community, all the more important as the first Snows of winter began to fall during my visit”, Sheridan added.
=> A Draft Resolution of CoE Assembly's Social affairs Committee for Social affairs, Migration and Refugees/IDPs, "Calls on the International Community to: ... provide Immediate and long-term Support for essential ReConstruction efforts, projects to Restore Water and Other essential Services", as well as it "invites the CoE's Development Bank ...to Assist.... the ReConstruction process in the Devastated Areas".
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During his visit at the ECHR, Maurer, who met particularly with the PanEuropean Court's President Spielmann, apparently discussed also several "Humanitarian Issues", in an additional fact which indicates that EuroJudges trend to take them more and more seriously into account recently.
ECHR has already decided earlier to take Urgent "Interim Measures" (Rule 39 of Court's Rules) calling upon both Russia and Ukraine to refrain from taking any action, in particular Military, which might bring about Violations of the Rights of the Civilian population, notably under Articles 2 and 3 of the Convention, about Human Life and Torture or Inhuman/Degrading Treatments, respectively. At 104 individual applications, interim measures have been applied inviting the respective Government/s – of Russia and/or Ukraine – to ensure respect for the Rights of people deprived of Liberty (Article 5 of the Convention), or people whose whereabouts are Unknown, ("MISSING" Persons). But, meanwhile, it's only in 14 cases that Victims were Released from Detention, so that the respective interim measure was subsequently Lifted.
Until recently, there are More than 160 Individual Applications pending before the Court of Strasbourg, lodged against the Ukranian or Russian Government, or Both, in addition to 2 InterState Applications lodged by Kiev Authorities against Moscow, as ECHR anounced.
Most Eastern Ukraine cases were lodged against Both Ukraine AND Russia,and involve complaints about various forms of ill-Treatment and unlawful Deprivation of Liberty. They also include cases of alleged violations of Article 2 (right to Life), involving alleged Wounding, and Disappearances.
In addition, a comparatively smaller Group of cases concerns the Destruction of property, (including Family Homes, etc), and the impact of the Hostilities on the applicants Rights under Article 8 (right to respect for private and Family life).
ECHR anounced at the End of Noivember 2014, that it communicated to the Russian Government 2 Inter-State applications lodged against it by the Ukranian Government of Kiev, asking for its comments, according to the established procedure, which was apparently Accelerated in these cases.
One of them, the InterState application lodged by Kiev on June 2014, concerned only an alleged "abduction" of Orphan Children, and Children withOut Parental care, who were included among a notoriously Massive Flow of Refugees seeking Help in Russia after Kiev's Deadly and/or Destructive Military Attacks against the Autonomist Regions of Lugansk/Luhansk, but were, finally, Returned back in Ukraine in only 3 of 5 Days, making the ECHR to Lift any "Interim Measures" it had taken previously.
The other InterState complaint lodged by Ukranian as early as since March 2014, i.e. long Before Kiev's systematic Military Attacks against Lugansk/luhansk Autonomists, (which notoriously started at Easter's Night, with the Killing of 3 Young Militants at Sloyansk, just after a Geneva Agreement between Russian and USA, as well as Ukrain's Foreign MInistiers urging, on the Contrary ; "Dialogue"), arguing that Moscow would "exercice Control over" Eastern Ukrain's Autonomists, which would, reportedly, be equivalent to Ankara's Military Invasion and Occupation, by the Turkish Army, of Cyprus' Nortern Territories for more than 40 Years, chassing away the Majority of the Lawful Inhabitants : Greek Cypriots until Today ; 1974-2014), so that it would "exercise Jurisdiction over" an area in which "numerous Violations" would have been committed :
+ Adding later-on, (until September 2014), subsequent data, this Kiev's complaint reportedly argues that not only "Ukranian Military" and "Law Enforcement Officers", but even "Civilians" would have been "Systematically" Killed during the 5 to 8 Months of Kiev's notorious Military Attacks against Lugansk/Luhansk Autonomists, and, reportedly, they "also refer to alleged ill-treatment or "Harassment" particularly against Tatar-Turks in Crimea, (where, however, both the OSCE and UNO's regular, Monthly Reports, haven't cited but only a few, comparatively lenient complaints, without any relation of magnitude to the obviously much more Grave, Massive, Deadly and Destructive Military Attacks which killed more than a Thousand of Civilian People among the Autonomist Populations of Lugansk/Luhansk Regions)...
However, despite several Russian Journalists Killed, and more allegedly Arrested, Kidnaped and/or Ill-Treated, 22 Russian Media Muzzled in Ukraine, and at least 2 Russian People reportedly killed even inside their own Country, (etc), Moscow didn't yet lodge any Inter-State complain against Ukraine yet, (while, ECHR's Secretariat has not yet revealed if the Autonomist Regions of Lugansk/Luhansk have, eventually, lodged, or not, any kind of Collective Complaint against Kiev's Authorities, for More than a Thousand of Civilians People Killed there during Kiev's Military Attacks, including by Airplanes' Bombings and/or massive Shelling even of Family Homes, Civil Administrations, Schools, Hospitals, etc,, nor for Systematic Destructions of Vital Infrastructures Cutting Electricity, TeleCommunications and even Water Networks, which persist to provoke everyday Ill-Treatements against the Local Populations, Threatening it with a "Humanitarian Catastrophe", as several OSCE, UNO and/or CoE Reports and Officials have repeatedly Denounced recently. ---------------------------------------------
+ Moreover, other CoE's sources, have just Confirmed that, in the case of the Malaysian Airlines' Deadly Crash at Eastern Ukraine, ECHR has received and currently examines a Complaint by the Mother of one of the Victims, which reportedly accuses Kiev's Authorities to have irresponsibly led that Civilian Airplane to cross an area notoriously submitted to Armed Clashes between Kiev's Military and local Autonomists.
After a long-awaited Preliminary Report, the Dutch Investigators leading a controversial International Enquiry have just recently arrived to the Autonomist Regions of Lugansk/Luhansk in order to Transfert a lot of remaining Debris from the crashed Airplane, before Winter time Destroys Evidence, after many Delaying Hesitations, despite reported persistent invitations by the Autonomists to come and take them earlier, (allegedly due to "Security" and/or other pretexts).
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The recent paradox of freezing EU Talks with front-runner Croatia, while continuing controversial EU - Turkey talks, despite Zagreb's acceptance of Refugees' Human Rights to return, that Ankara refuses fex. in Cyprus, while both have "Good Neighborhood" problems vis a vis Slovenia, or Greece, Cyprus and Armenia respectively, can it be justified by the non-fullfilment of EU criteria, as Slovenia says, or, is it "Double Standards" ?
The question became unavoidable after statements by Presidents of Slovenia and Croatia, Tuerk and Mesic, respectively, to "EuroFora", exclusively or among Strasbourg's journalists this week at the CoE, on the sidelines of its 2009 Summer University for Political Schools, which topically brought them together as successive key-note speakers.
Comming only a few Months before EU checks Turkey's compliance to its commitments on Cyprus, etc., scheduled for December 2009, this obviously has a special importance for the coherence of EU Enlargement's principles.
Suspension of EU Negotiations is a normal consequence in case of a Candidate Country's failure to fullfil EU Conditions, such as "Good Neighborhood relations", stressed at first Slovenian President Danilo Tuerk, current CoE's chair.
But, regarding EU's Criteria, there shouldn't be any "Double Standards", reacted Croatian President Stjepan Mesic, commenting the fact that Turkey's controversial EU negotiations continue, while they were recently "freezed" in the case of Croatia, an "unquestionably European Country", which oficially accepts to respect Refugees Human Rights, contrary to Ankara's notorious refusals or reluctance.
Questioned earlier what "consequences on EU's Enlargement policy" can have the "Ban on EU Membership Negotiations", imposed to Croatia, Tuerk replied that "this question comes down to the fulfillement of (EU) Criteria for membership. One has to look at each Candidate Country ., from the point of view whether it fullfils the Criteria that EU has set. One of them are Good Neighborhood Relations, I'd like to remind. And also, there are other factors, such as Justice, Home affairs, Rule of Law, and others".
- "Now, ..Candidate Countries are at Different Levels of fulfillement of Criteria", he observed.
- " Croatia is obviously the closest to that. I'm rather optimistic : I think that in the coming Months we'll have an opportunity to look at all these issues constructively and hopefully we'll be able to make progress". "My main concern, at this point, is the situation in Bosnia : We haven't seen enough progres domesticaly. We haven't seen enough during ..political parties within their country.We need a New Energy, a new energetic move towards the Candidature for EU membership. "Other (Western Balkan) Countries (Serbia, Montenegro, FYROM, Albania) have been making soaring Progress, and I think that they should be ready, in a few Years, for the Candidate status".
- "As far as the Western Balkans are concerned, .. nobody should be left outside" the EU, Slovenian's President concluded, ommitting to mention Turkey's controversial EU bid.
- "This process may be seen as Slow, but.. Slovenia has also has also been exposed to various "Booms of Slowness" in our accession period. But now we can say that the process was relatively quick, because changes which occur after becoming EU member, are quite large, and they require proper Preparations before the (EU) membership becomes a new factor, an impacting line for a new (EU) member country".
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EU "Solidarity" ?
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Slovenian statements made some participants from certain 3rd Countries as FYROM, etc. claim that "the Principle of EU Solidarity" would "produce a.. rising European Union Nationalism (sic !), against Non-EU Countries", as they said, asking unhappy foreign countries to form a "bloc" to exert pressure on the EU...
But Croatian President Stjepan Mesic dismissed that, supporting "EU Integration", "after the Economy also in Political" issues, as "the achievement" of our times. In EU there is "diversity, but it's United", he stressed, "EU has to be United so that it can become a central factor of Peace" also at the surrounding areas, he replied.
Speaking later exclusively to "EuroFora", the experienced twice President of Croatia, former President of the International "Non-Aligned" movement, denounced "Double Standards" in the way EU treats recently Croatia compared to Turkey :
- "I think that there shouldn't be Double Standards", stressed the Croatian President, in reply to a Question comparing the freeze of EU - Croatia talks, with the continuation of EU - Turkey talks, despite the fact that Croatia is an "unquestionably European country", while Turkey's EU bid is notoriously controversial.
Mesic was reacting to the observation that, even if he confirmed his "respect of Refugees' Human Rights to return, etc. (See infra), nevertheless, EU talks are suspended with Croatia.. While for oher, controversial candidates, who refuse to respect Refugees' Rights to return, etc., as fex. Turkey does in occupied Cyprus and elsewhere, EU negotiations continue".
- "I believe that Croatia's accession will confirm that all European Countries who fulfill all of the Conditions and achieve European Standards, have to join the EU. There shouldn't be any Double Standards", went on to add in reply President Mesic.
In this relation, Croatia's President found "of paramount importance", CoE's "mechanisms enforcing ECHR's judgements"
- "On Refugees and Displaced persons, the process will be completed only after the last person demanding to return will be allowed to do so !", President Mesic Croatia stressed earlier, setting a general standard of obvious importance also for otherr candidates, as f.ex. Turkey, often accused to exclude or heavily restrict Greek Cypriot Displaced persons' return to their Family Homes and ancestral land, provoke difficulties to Turkish-Kurd IDPs return to their home regions at the South-East, etc.
Some "2.000 People are still reported Missing" in former Yugoslavia, for some Years, (as in Cyprus, modern Europe's oldest case, for 3 Decades. Nagorno-Karabach, Tcecnya in Russia, etc, more recently), and Investigations "will only be completed after establishing the fate of the last one of them", he added.
Speaking earlier on "War Crimes", President Mesic stressed that "Leaders are responsible for (the) Wars (of the Past), not the People", and called against Impunity : "Individuals have to be held Responsible for Crimes. International Penal Tribunals have to persecute those individuals", perpetrators of War Crimes, he underlined.
Such statements naturally made Mesic rather popular at ECHR, whose President, French EuroJudge, Professor Jean-Paul Costa, looked particularly smiling when he welcomed him later on Wednesday afternoon, after Slovenian President Daniko Tuerk earlier this week.