PanEuropean CoE kickStarts ReNovated Data Protection Treaty with EU + Russia Support, but Global Aim
*Strasbourg/CoE/Angelo Marcopolo/- It's with Stong Support by Both the Franco-German core of the EU, but also the UK, and Russia, as well as various key Countries from Other Continents, that CoE's PanEuropean Organisation succesfully Launched Today, in its Headquarters in Strasbourg, the collective signature of its ReNovated Treaty on Data Protection, a Domain in which CoE is an Historic Pioneer, already as early as since the 1980ies, but which clearly has, Nowadays an Ambitious Aim to Both UpDate (in Digital, Trans-Border Data Flow, Artificial Intelligence, Genetics, and National Security new Challenges), and particularly Extend its Legal Mechanism towards a Trans-Continental, (open also to Other Regional/International Organisations) and even Global Horizon in the foreseable Future.
Carefully Negotiated, previously, Both with the EU, (including a very active UK, despite or most probably because of its imminent BREXIT), and with Russia, as well as Other European and Non-European Countries, CoE's New, ReNovated Convention for the Protection of Persons vis a vis the Automatic Treatment of Personal Data, (known as Treaty "108 +"), now has an largely Similar Content to that of EU's brand New relevant "Directive", which has just Entered into force Earlier this Year, but is Strongly Backed by the EU mainly Because it offers a Unique Possibility to considerably Extend the Area where such Rules are applied, also throughout Other European, Non-EU Countries, as well as accross a much Wider, International Space.
- This is, indeed, the Main Interest for the EU to Back this Move, and for EU Member Countries to Join it too, stressed in Reply to an "Eurofora"'s Question, the competent CoE's Director for Data Protection, Sophie Kwasny, during a Press Briefing with Journalists earlier in Strasbourg. In Exchange, Non-EU and even Non-European Countries, by Joining that move, become able to claim that they use the Same Rules as all Europe, in such an extensively Trans-Border Issue Nowadays as Personal Data's protection, she added.
+ Thus, it's mainly at the Creation of "a Unique Forum for Cooperation in this field at Global Level", that CoE's Secretary General, Thornbjorn Jagland, a former Prime Minister of Norway, pointed during his Speech at the event organized Today for the Opening to Signature of that Convention's New, Amending and UpDating Protocol.
- Concerning such EU - CoE Cooperations in general, the New EU Ambassador to Strasbourg, former EU Commissioner and Foreign Minister of Bulgaria, Miss Kuneva, recently stressed, indeed, that what is really at Stake is "Global Governance", (See, f.ex.: ..., etc).
=> Thus, among the 21 States' Representatives, who Signed Today this New CoE's Legal Instrument for Data Protection, are Included also the Franco-German "core" of the EU, as well as the UK, Together with Other Both Western (f.ex. Spain, Austria, Sweden, Netherlands, Belgium, Portugal, etc) and Eastern EU Member States, (f.ex. Estonia, Finland, Czech Republic, Latvia, Lithuania, Bulgaria, etc), including several Small but particularl Active in Trans-Border Data Flows, Countries, (such as Luxembourg, Ireland, etc), extended also to key Non-EU but European Countries, from Norway to Monaco, and particularly Russia, but even a Non-European Country from Latin America, as Uruguay, (in fact, an Original Country with a Unique Synthesis of various European Origin Populations, and an Economy, as well as a Strategic Location, which is often Compared to a kind of Latino-American Switzerland)...
+ Moreover, well Beyond EU's 27 and CoE's 47 Member States, the Historic CoE's Old Convention on Data Protection, (a Pioneer Legal tool dating from the 1980ies), has Already attracted anOther 6 Non-European Countries, (Both from Africa : Tunisia, Senegal, Cabo Verde, Mauritius, and soon Morocco, Burkina Faso, as well as from Latin America : Mexico, and soon Argentina, etc), Totaling 53 current and 56 Future Members, while there are also Various Other Countries accross the World, which have reportedly used CoE's Convention as a "Model", and participate as "Observers" in its Monitoring Committee, gathering almost 70 Countries, until now.
Among its various Innovations, this CoE's New Legal Instrument includes also Persons' Rights vis a vis Algorithms f.ex. in Artificial Intelligence, has UpGraded Genetic and BioMetric Data in the Categorie of "Sensitive" Data, and deals even with "National Security" issues, (on the Basis mainly of ECHR's case-law), while the EU's Directive does Not, since the EU prefers to do that through Specific Tools concerning Police Cooperation, etc.
Another Original character of this New CoE's Tool, is that it provides also for a Accelerated Entry into Force, at least among those Member States which will Ratify it, even BEFORE the accession of All the 53 current Member Countries of CoE's Old Convention on Data Protection, dating from the 1980ies : From the moment that at least 38 Member Countries will have Ratified it.
=> I.e. the New Rules can Enter into Force with Only +17 more Member States, (in Addition to the 21 which have already Signed Today), while CoE itself has 47 Member States. I.e. in a rather Short Foreseable Future, (which will also set Immediately in motion the ReNovated Convention's "Monitoring" Mechanism, already prepared and Ready to Start Working asap).
Last, but not least : Significant of the Interest that the Incoming, New CoE's rotating Presidency by Finland (November 2018 - May 2019) shows for this ReNovated and Extensible Data Protection, is also the Fact that it send to Strasbourg's event of Collective Signature, its Seretary of State, in the Foreign Ministry, Matti Anttonen, while Lithuania also send its vice-Minister of Justice, Irma Gudziunaite, all the Other Signatory Countries having used their Ambassadors/Permanent Representatives to the CoE, (with the only Exception of Uruguay, which send to Strasbourg's ceremony its Ambassador to France).
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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 :
----------------------------------
- "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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