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Αρχική arrow newsitems arrow CoE:Mazochism v. Record-High Turkish Contempt of ECHR Judgements on Cyprus Refugees+Missing persons?

CoE:Mazochism v. Record-High Turkish Contempt of ECHR Judgements on Cyprus Refugees+Missing persons?

Έχει γραφτεί από ACM
Friday, 23 September 2016
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*Strasbourg/Angelo Marcopolo/-
Are some pushing Europe Back on the old "Cold War" Era,  before the Fall of Berlin's Wall and the subsequent ReUnification of Europe, when ECHR's Judgements, even on serious, wide-spread and continuing Violations of Human Rights, were either practicaly Inexistent, Inaccessible or Toothless ? 


Or has, perhaps, the "Global Warming" Theory been already Bellied in Strasbourg, at least somewhere inside CoE's Committee of Ministers, given the astonishing Fact that it really looks "Freezed", despite this Summer's Heatwave, in front of a blatant Contempt shown by the Turkish regime, for too many years, vis a vis ECHR's Judgements condemning Ankara to, at least, pay a just satisfaction to Cyprus' Refugees and "Missing" Persons' Families, which scandalously remain still Non Implemented  ?


Facts clearly Revealed this week in Strasbourg, are so Surprisingly and Exceptionaly stunning, that inevitably Looks as if someone may have Condemned CoE's Highest Political Body to Collectively Suffer from a strange Kind of Collective ...Mazochism, since it Persists to Limit itself into Only Asking, again and again, Turkey to, at last, Pay the "Just Satisfaction" ordered by ECHR for having seriously Violated the Human Rights of Greek Cypriot Refugees and "Missing" Persons' Families, withOut, however, taking any Sanction at all against Ankara's Continuous blunt Refusal to do so, Repeated Many Times, during an Exceptionaly too Long Period of Time, Extending for More than ...26 Years in Most Cases, which concern Individual Applications Lodged by the Victims already as Early as, mostly, from 1990, but with the relevant ECHR Judgements issued Meanwhile, still Pending for Execution at CoE's Committee of Ministers, to whom the Statute of the PanEuropean Organisation had entrusted the Duty to "Supervise the Execution of ECHR's Judgements", until Now, on 2016, i.e. More than a whole Generation Later !


An initial ECHR cystal-clear Finding that Turkey was Committing Many Serious Violations of Human Rights in Cyprus, after a 1st InterState application lodged as early as already since the 1980ies, had been practicaly droped by a toothless, then, CoE's Committee of Ministers on 1992 under a Deal consisting, in fact, into asking Cyprus to Stop that process, in exchange of allowing, for the 1st time, the Publication of ECHR's damning Conclusions against Turkey's wrongdoings.


But, since, (the End of "Cold War" and Europe's ReUnification Helping), the Individual and InterState Applications before ECHR started, at last, to have, for the 1st Time in History, a much More Accessible and Efficient Mechanism for the Defense of Human Rights, (particularly during the 1990ies), then, Greek Cypriot and other Victims of the still "Continuing" (according to ECHR's Findings) Massive Violations of Human Rights provoked mainly in the Territories of Cyprus still Occupied by Ankara's Military Troops for more than 42 Years now (1974-2016), at least some Greek Cypriot Refugees and "Missing" Persons' Families, as well as Cyprus' Government itself in a landmark "InterState" Complaint v. Turkey, succeeded to Bring many of those affairs before the PanEuropean Court of Strasbourg, which Judged and strongly Condemned Turkey, at several occasions, on 1996-1998, 2001, 2003, 2005, 2009, 2010, 2014, etc.

 

echr_overall_9.2016__eurofora_400

 


However, despite even of another, more Recent and Crystal-Clear ECHR "Great Chamber" landmark Condemnation of Turkey's various manouvers to Avoid Implementing EuroJudges' Decisions, issued on Spring 2014, (See, f.ex. : ....), nevertheless, CoE's Top Political Body has recently Decided to again ...Postpone even the simple Examination of the Tragic Issue of "Missing" People in Cyprus for "December 2016", and that (much more WideSpread) of Greek Cypriot Refugees, still Hindered, by Ankara's Invasion/Occupation Army, to Return Back to their Ancestral Land, and/or to Use or even simply Access their Family Homes and other Private Properties, located at the Occupied Territories of Cyprus, still Held by Turkey's Military since the 1974 Deadly Foreign Invasion, that they had been obliged to Flee, was Recently anew Postponed, by a Controversial CoE's Committee of Ministers' decision, for as Long as up to March 2017...       


Nonobstant the Fact that EuroJudges, with a landmark and crystal-clear Decision of their "Grand Chamber" issued on Spring 2014, have Strongly Denounced, in substance, a Risk for Evidence of Serious Crimes against "Missing" People to be, meanwhile, Destroyed so that all those Responsible might Definitively Escape any Punishment, Contrary to ECHR's well established case-law, and, in Addition, for Greek Cypriot Refugees' Family Homes and other Private Properties to be illegaly Exploited, meanwhile, f.ex. by some, massively and illegaly Imported from Anatolia, Turkish Settlers, (against whom, PACE's Parliamentary Assembly, as well as Ministerial Committee itself in the Past, have repeatedly Warned that they Threaten to seriously "Alter the Demography" of the Country, and/or to provoke another "Political Obstacle" to the Solution of the Cyprus' Issue and to a Peaceful ReUnification of the Island, already as early as since 1998, 2003, etc), Strongly Calling, therefore, the CoE's Committee of Ministers to, at last, take some Efficient Action against Turkey's persisting Obstruction, from which some get illegal Profits in the Mean Time.

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

  sns_turkeys_contempt_of_echr_judgements_on_cyprus_refugeesmissing_persons_breaks_historic_records__400_03

At least, However, CoE's Committee of Ministers has Repeatedly Urged Turkey, until Now, to Pay the "Just Satisfaction" allocated to the Victims by ECHR's Judgements. But, with the sole Exception of just 3 Cases, during Only the Period of 2003-2009, when Ankara had accepted a Compromise with the Victims, including a Total or Partial Payment of the Sums allocated by ECHR's Judgements, and/or Other relevant Individual Measures, on the Contrary, as far as it concerns the Wide Majority of 33 Other Cases of Greek Cypriot Refugees who had also managed to obtain an ECHR Judgement condemning Ankara for violating their Rights, nevertheless, Turkey still Refuses, until Today, on 2016, to pay what it ows ! To these Totaly UnPaid Indemnisations of various Victims of serious and Continuing Violations of Human Rights, were, meanwhile, Added even anOther 9 "Missing" Persons' affairs, included in the notorious "Varnava" case, where also Turkey still Refuses to at least Pay the Just Satisfaction ordered by ECHR, as CoE reminded this week.


+ Moreover, in order to be Conscious of the Real Dimension of that Problem, anyone should Also consider the supplementary Fact that ECHR had, Meanwhile, massively "Freezed" any Other Individual Applications versus Turkey, from the more than 190.000 Greek Cypriot Refugees/Displaced Persons, who Continue to be all Hindered, by Ankara's Invasion Army, from Returning back to their Ancestral Land, and/or to Access or Otherwise Use their Family Homes and other Private Properties located in the Occupied Territories of the island, in Addition to more than 1.500 "Missing" Persons' Families, which have been practicaly placed in a Similar Situation, still Obliged to Wait for the Final Outcome of the already, previously lodged, and Judged applications, on which ECHR had already Decided much earlier, (i.e. using a so-called "Pilot Judgement" procedure). So that those, above-mentioned 42 Individual Cases of Cyprus' Refugees/Displaced and "Missing" Persons, are just the "Tip of the Iceberg", compared to the Many Thousands (nearly 200.000) of Victims concerned in real practice, and still Waiting at least for an elementary Justice, according to ECHR's established Principles...


But, what Reveal the latest CoE's Official Documents published Today, after a 3-Days Long, Autumn 2016 Session of its Committee of Ministers on ECHR Judgements' Executon, is an Astonishing and Scandalous reality of the PanEuropean, 47-Member States' strong, Organisation of Strasbourg for Human Rights, Democracy and Rule of Law, ...Vainly Repeating endless Calls to Turkey, (Pending the full Execution of the required General Measures in order to Stop those Massive Violations of Human Rights, for which Ankara has already been Condemned by ECHR : Comp. Supra), at least to Pay the "Just Satisfaction" Sums allocated by EuroJudges to the Victims and their Families, according to the above-metioned 41 ECHR Final Judgements, still Pending for Execution.


    - Numerous and various "Decisions" and "Resolutions" of CoE's Committee of Ministers, official "Letters" from the Foreign Minister of the Country Chairing the CoE each time, and even, rcently, "Letters by the Secretary General" of the CoE himself, who Heads Strasbourg's PanEuropean Organisation, (etc.), have been Vainly issued, "Calling upon" or "Urging" Turkey to Respect ECHR's Judgements on all those cases of Cyprus' Refugees and "Missing" Persons, still Pending for Execution, too Many Years-long, (particularly from "2008 and 2009", and on "September 2014", "December 2014", "June 2015", "September 2015", "December 2015", "March 2016", "April 2016", "June 2016", ... until Now, on "September 2016", as the Latest CoE Decision reminds, this week), withOut Any Result !

 

coe_cm_toothless_exhortations_for_turkey_to_pay_just_satisfaction_awarded_by_echr_400_01

 


    - The PanEuropean Organisation's Highest Political body has, thus, Repeatedly "Called", "Urged" and/or "Exhorted" Turkey to "Review its Position" and "Comply" with ECHR's Judgements, at least on the above-mentioned, Elementary point, which was qualified as an "UnConditional Obligation", "to pay, withOut any Further Delay, the just satisfaction Awarded by the Court, as well as the default Interest Due",  expressed its "Deepest Concern", and "Deeply Deplored the Absence of Progress" due to Ankara's still Persisting "Lack of" Any positive "Response", incited "2 Letters sent by the Chair of the Committee of Ministers to the Turkish Minister of Foreign Affairs", "invited the Secretary General (of the CoE) to raise the issue", and "also encouraged ...the (46 other Member States to do the same", as well as clearly Warned Turkey that such a Negative Behavior "is in Flagrant Conflict with its international Obligations, both as a High Contracting Party to the Convention (on Human Rights)  and as a Member State of the CoE", (etc...), in Vain, until now...


    So that, CoE's Committee of Ministers Latest Decision, on this same Issue, published on Thursday Evening, September 22, 2016, which "Firmly Insist(s), once Again, on Turkey’s unconditional obligation to pay the just satisfaction awarded by the European Court in these cases", and "deeply deplor(ing) the absence of progress in this respect and again exhort(ing) Turkey to comply with this obligation without further delay", obviously doesN't add anything really new.


    But, what CoE did NOT Yet do, vis a vis Turkey, Despite all this Time of various Verbal Exhortations withOut any positive Result (Comp. Supra), obviously is to Threaten with, or Impose Any Real SANCTION to this Too Recalcitrant Turkish State, which Insists to Treat repeated ECHR Judgements with blatant Contempt.


    Contrary to what CoE's Parliamentary Assembly had done, Back on April 1995, with an Exceptionaly Strong Resolution, practicaly Ordering Turkey to Move in a Fixed Time Deadline, both on Cyprus and Other "Hot" Human Rights, Democracy and Rule of Law, Issues, Threatening Ankara, on the Contrary, to Impose a Series of Concrete Sanctions. Even if, later on 1996, this PACE Call was Finally Watered Down, (i.e. merely Starting a "Monitoring" process), Nevertheless, it's also a Fact that CoE has had already Imposed Heavy Sanctions to Belarus, and/or Threatened with various Sanctions several Other Countries in the Past, such as Greece, Ukraine, and recently Russia, (while, at least once, it had even Warned ...USA, a Non-Member State, but Holding a Special Status inside CoE, with some kind of Consequences, If it persisted in Not Complying with some Elementary Obligations for all CoE's Members or Partners !).


    And, at least in 1 Case, that of Greece, Back during the Colonels' Government of 1967-1974, CoE (after a Strong ECHR Judgement) had also Pushed the then Athens' regime to Drop its Membership in Strasbourg's PanEuropean Organisation, (something that Many Greek Politicians have often Saluted with Gratitude later-on, including, Recently, the current Prime Minister of Greece, Alexis Tsipras, during his Speech at PACE's Plenary of June 2016 : Comp. "Eurofora"'s NewsReport from that event, f.ex. : ...). A Move which is obviously Close to a Recent CoE's Call upon Turkey to Stop such a Repeated and Blatant Failure to Comply with ECHR's Judgements, included in Cyprus' case, Contrary to the Commitments undertaken by all CoE's Member States, according to its crystal-clear Statute : Comp. Supra).


    But, in Turkey's case, will some oblige CoE's Committee of Ministers to merely persist into just Repeating, again and again, only those similar Verbal Exhortations, still withOut any Result, vis a vis an even more and more Recalcitrant Turkish Contempt of Strasbourg Organisation's most Basic Principles ?


    If Yes, then, with What Credibility might CoE, eventualy, persist into Putting Sanctions on Russian MEPs, on the occasion of the Ukraine conflict, or even Assist the EU on Topical "Hot" Issues concerning Turkey itself, (as some Top EU Commission Representatives have just Suggested during EU Parliament's Plenary Session in Strasbourg last Week ?
(See f.ex. at least one relevant "Eurofora"s NewsReport at : http://www.eurofora.net/newsflashes/news/eucommissionerhahnonturkeyvisas.html)


    Various relevant Converging Developments clearly Indicate that most, if not all, these Issues might be raised with an even stronger Intensity, probably Before December 2016, when CoE has just Decided to "Resume Consideration" of the above mentioned Turkish "issue", while ...Cyprus will have, normaly, taken over from Estonia CoE's Committee of Ministers Rotating Presidency, for the crucial Period of November 2016 - May 2017.


    I.e., by also another Timely "Coincidence", almost at the Same Moment (f.ex. "January 2017"), on which, the Experienced Head of the German Delegation of MEPs in CoE's Assembly, mainstream ChristianDemocrat/EPP MEP from the Governing CDU Party, Axel Fischer, has Recently told "Eurofora" that PACE intends to seriously Review all Turkey's still Pending "Hot" Issues, (See, f.ex.: http://www.eurofora.net/newsflashes/news/paceandeppheadfischeronturkey2017rdv.html)...

(../..)

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

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

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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