newsitems CoE Legal/Human Rights Director General Boillat to EuroFora: New Media+Data Protection rules in 2014
CoE Legal/Human Rights Director General Boillat to EuroFora: New Media+Data Protection rules in 2014
*Strasbourg/CoE/Angelo Marcopolo/- In almost 1 Year, the PanEuropean, 47 Member Countries strong CoE can have a brand New set of Rules for Data Protection at the Internet, while also making progress on New, Web Media and Journalists' Freedom, according to its latest Decisions, in cooperation with the 28 States of the EU, which might build, at the same time, even more Advanced Rules, after the "Concern" expressed just a few Days earlier at a CoE's landmark opening , said to "EuroFora" the competent CoE's Director General for Human Rights and Legal affairs, Philippe Boillat, from Switzerland, echoing the incoming CoE's new Chairman for the period of November 2013 up to May 2014, Austrian vice-Chancelor and Foreign Minister, Michael Spindelegger's call to "Move Forward" on New Media and Internet protection, (See Spindelegger's Statements to "EuroFora" at a specific NewsReport).
------------------------
-- "Last week's Conference of Ministers responsible for Media and Information Society, held at Belgrade (Serbia), adopted a Political Declaration, and 3 Resolutions : One on the Internet Freedom, another on Media at the Digital era, and theThird on the Protection of Journalists", so that "most Questions" currently raised, should "find all the necessary Replies in these (New) Instruments", Boillat reminded from the outset to "EuroFora".
--------
- Interestingly, the 2013 CoE's Ministerial political Declaration warns from the outset (Art 2 and 3) that "Freedom of expression and Media freedom are threatened in various parts of Europe, On-Line as well as offline", ans "calls for political commitment and additional efforts by member States", in this respect". while also reminding the fact that, already "in 2011, the CoE embraced a New Notion of Media, acknowledging that media-related policy must take full account (also) of ...New Forms of Media", which "provides Criteria for Identifying various forms of media, ..in respect of media Freedom and its protection, ...independence, pluralism and diversity, as well as a reference for the duties and responsibilities of the various actors". - "Whether Print, Broadcast or On-Line", "Independence of Media, and Media Freedom .. require .. Self-Regulation", while "Undue State Regulation ... and Supervision ... have Negative effects", CoE's competent Ministers added (Art. 4). Moreover, CoE's Ministers are "Appalled that Journalists and other Media actors who carry out journalistic activity or perform public watchdog functions, are increasingly subject to (various) forms of Harassment ....because of their Media related activities"
=> In consequence, the 2013 CoE's Ministerial Belgrade Conference, officially "invite(s) the CoE to promote Media Freedom - whether Print, Broadcast or On-line", and "States to reinforce their work on Expression and Media Freedom on the Basis of the New Notion of Media", (i.e. Web-based Media, respecting Journalistic Deontology, Editorialy Independent, and providing real News Content).
+ In parallel, CoE's 2013 Ministerial Declaration also "acknowledge(s) the fundamental importance for People to be able to Express themselves and Access information on the Internet without undue Restrictions", while "The right to Private life ... protected under Article 8 of the ECHR and the protection of Personal Data, one of its corollaries, has been expounded ...in Convention 108, EU legislation and other ... international and national laws" . .... Thus, "Data can be collected and processed for a legitimate aim", but, "any data collection or Surveillance for ...national Security; must be done in compliance with ...Human Rights and rule of Law requirements", because,.."given the growing technological capabilities for electronic Mass Surveillance and the resulting Concerns...there Must be adequate and effective Guarantees against Abuse, which may Undermine or even Destroy Democracy", CoE's Ministers warned.
=> Therefore, CoE's competent Ministers formaly declared their "Firm Commitment to Internet Freedom", "fully compatible with ... the ECHR", and "full Support to the Implementation of COE's <<Internet Governance Strategy>> 2012-2015".
---------------------------
CONCERN :
-----------------------------
- Currently, "there is an extremely Great Concern, among Ministers responsible for Media, about the New Means of Mass Surveillance (Spying), and this was also expressed by (CoE's) Secretary General", Thornbjorn Jagland.
=> - "Now, CoE's idea is to take Measures", and "First of all, to Strengthen the (International) Convention on Data Protection". "But, as you know, only those Countries which are Members of that (CoE's) Convention will be (Legally) committed by that, while", or the contrary, "the USA, since many spoke about the US, who are Not Member to this (Data Protection) Convention, will not be bound by that".
- Certainly, the USA (which already have a Special Status as Observers inside the CoE) have followed all developments concerning this (International) CoE's Convention. But, now, the Idea is to set up a kind of Monitoring, in the framework of its Revision", for which "Work has just Started this week in Strasbourg, and the Idea is to see if States really meet their Obligations, or not".
- "This is, mainly, where we are Today, and we (CoE) know that it's a Difficult Problem, it's a Global Problem, and that it's not easy, at a level of individual States, nor even at a Regional cooperation level, as that of the CoE, to solve all problems", he carefuly warned.
- However, meanwhile, "the EU is fully Associated to CoE's work, and, in particular for the Revision (of the Data Protection Convention), because the Idea is to have Harmonized (Legal) Standards between EU's Directive and CoE's (Data Protection) Convention".
- Asked by "EuroFora" if "he EU really plays the game" COE's experienced Director General positively but realistically replied that : - "We (CoE) Hope that , because everybody involved is interested to have at least certain Minimum (Legal) Standards at east for the (CoE's) 47 Member States. Afterwards, if the (EU's) 28 (Member States) want to advane even Further than that, we can't but be Glad about that, of course", he suggested.
+ As for "Russia", the PanEuropean Organization's Biggest Member State, Boillat found that "they are absolutely in Favour of Strengthening the Protection of Personal Data, in the context of what we've just described", as he said.
=> "Now, the idea is to work Together with the EU in order to Modernize (CoE's pre-existing) Convention No108 (on Data Protection), so that the Reglementations of the EU and CoE's conventional Rules won't be Diverging from each other", he reiterated.
- From the Timing, point of view, "we (CoE) Hope that, from now, up to the End of Next Year (2014), we shall have Completed the Work" of "Modernizing" CoE's Convention on Personal Data.
+ "Afterwards, of course, we must have the (CoE'Member States') SIgnatures and the Ratification process. It's always rather Risky to Hazard any Time-limit Estimations about such things, but we (CoE) naturally wish for it all to be completed the Soonest possible", he carefuly but voluntaristically added, in reaction to "EuroFora"s reminder of the fact that f.ex. French Government's Top Experts had just said, recently in Strabourg, that the set of Rules currently prepared by the EU for the Internet should be completed approximatively in about 4 or 5 Years time, (See : .....).
- Until now, "the TPD, (i.e. the Committee of Members to CoE's Convention on Data Protection), had been Preparing the Draft", which has recently been given to an "Ad Hoc" Committee, set up by CoE's Ministers in order to Negotiate the Modernisation of this Convention : Called CAPDATA, it's a classical-style InterGovernemental Committee, with a Representative from Each one of CoE's 47 Membe States, which has just Started its work earlier this week in Strasbourg, where I've personaly Opened its inaugural meeting, and saw that they've are already working well", CoE's Director General for Legal/Human Rights issues explained to "EuroFora".
=> - Moreover, "It will be an Open Convention, i.e. Not Exclusively reserved just for COE's Member States, and we really Hope very much that this Convention, which, by definition, deals with Problems of Global Dimension, will be endorsed also by many Other Countries" accross the World, "which are Not CoE's Members", the Swiss Top Official of the CoE stressed about the New Data Protection International Convention.
---------------------------------
In fact, some years ago, the so-called "Modernization" of CoE's classical "Convention No 108" on Personal Data Protection, one of the Oldest and most Respected Legal Instruments of the Strasbourg-based Organisation, was supposed, indirectly but surely, particularly after 9/11, to rather Soften, at least in some points, in an adequate manner, certain initial Safeguards which didn't seem fit to several Countried inside a World felt to be more exposed than in the Past to Terrorism, Organized Crime and Corruption challenges...
But, naturally, one may Hope that, at least the Scandals revealed recently, both on USA's NSA spying and others, would have provided more Food for Thought to CoE's key Member States, in order to realize the Need, and the Occasion, for Europe to Shape a really Trustworthy and Efficient Mechanism for all sensitive Data Protection, both for Human Rights and Defense, as well as in order to help develop a robust Digital Economy able to guarantee a Competitive Quality.
-----------------------------
(NDLR : Fast Translation from the Original in French).
----------------------------------------------------------------------
***
("DraftNews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version, might be Published asap).
***
Main Menu
Home Press Deontology/Ethics 2009 Innovation Year EU endorses EuroFora's idea Multi-Lingual FORUM Subscribers/Donors FAQs Advanced search EuroFora supports Seabird newsitems In Brief European Headquarters' MAPs CoE Journalists Protection Platform
BRIEF NEWS
- 00:00 - 02.06.2021
- 00:00 - 18.10.2020
- 00:00 - 19.06.2020
- 00:00 - 18.05.2020
- 00:00 - 20.04.2020
- 00:00 - 02.02.2020
- 00:00 - 09.12.2019
- 00:00 - 27.11.2019
- 00:00 - 16.11.2019
Popular
- Yes, we could have prevented Ferguson riots says World Democracy Forum's Young American NGO to ERFRA
- Spanish People Elect CenterRIGHT Majority with 1st Party and Total of 178 MPs (6 More than the Left)
- Pflimlin's vision
- The European Athletic "Dream Team", after Barcelona 2010 Sport Championship Results
- Source Conseil d'Europe à ERFRA: Debatre Liberté d'Opposants à Loi livrant Mariage+Enfants à Homos ?
- Head of BioEthics InterGroup, MEP Peter Liese : "Embryonic stem cell research reaching its END" !?
- Spain: Jailed Turkish Terror suspect with Explosive,Drones,Chechen accomplices stirs Merah+ Burgas ?
- UN Head Ban Ki Moon at CoE World Democracy Forum : - "Listen to the People !"
Latest News
- Test Photos (f.ex.+ Invit to EU + Korea Peace meeting)
- EUOmbudsmen Conference 2022: Digital Gaps affect People's Trust threaten EF Project on EU Future ?
- French Election : Black Out on Virus, but Obligation for Fake 'Vaccines" Challenged
- Both French Presidential Candidates point at "Humanism" in crucial times...
- France : Zemmour = Outsider may become Game Changer in Presidential + Parliamentary Elections 2022
Statistics
Visitors: 67431236Archive
Login Form
Syndicate
Other Menu
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.
------------------------