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Pagina principale 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?

Scritto da ACM
venerdì, 23 settembre 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.

 

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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.

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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 !

 

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    - 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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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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