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Home arrow newsitems arrow CoE: Odessa Massacre Enquiry in Danger by Kiev Minister's Attack on CoE Findings on Maidan Snipers

CoE: Odessa Massacre Enquiry in Danger by Kiev Minister's Attack on CoE Findings on Maidan Snipers

Written by ACM
Wednesday, 15 April 2015

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*Strasbourg/(Partly Updated)/- The long-awaited Investigation on the most Horrible Massacre of Civilian People in South-Eastern Ukraine, that of Odessa, on May 2014, where many Dozens of dissident Demonstrators, including Old People and Women, were Burned Alive in atrocious circunstances amidst Brutal Attacks by pro-Kiev Extremist para-military thugs armed with long Clubs, Chains, Knifes, Cocktails Molotov, etc, as many Videos attest, (Comp. f.ex; http://www.eurofora.net/newsflashes/news/ukrainedissidentsattackedbymilitaryandextremists.html), after having been Delayed, now Risks to be also Jeopardized, even by open Lack of Cooperation and/or Obstruction probably by the Controversial Minister of Interior in Kiev, Warned in substance the Experienced former ECHR President, and current Chairman of CoE's International High Level Panel mandated to check if the Enequiries made by the Kiev's regime meet, or not, the elemenatry requirements of Human Rights and Rule of law, Sir Nicolas Bratza, whose Mandate has been officialy recognized by the Ukranian Government, and is strongly supported by EU Parliament's Resolutions, (See f.ex.: http://www.eurofora.net/newsflashes/news/euparliamentasksinternationalinvestigationonukrainesnipers.html).


 - "Now", the European/International "Panel's Focus is .. on the Violent Events in Odessa, in May last year", stressed Sir Bratza, speaking to COE's Highest Political body, that of the PanEuropean Organisation's for Human Rights, Democracy and Rule of law Committee of Ministers, earlier Today in Strasbourg, just a Few Weeks before the 1st Anniversary of the Massace of May 2.


The full elucidation of those Horrible Events has an obviously Crucial Importance, not only in order to ensure at least an elementary Respect of basic Human Rights throughout the European Continent, according to ECHR's well establisehd case-law, but also because Elucidating what really happened then, finding and Punishing those Responsible for such Horrible Crimes, is Essential for a much-needed National ReConciliation and the Unity of Ukraine, in order to ensure the People that at least an Elementary Justice will be done, and that such Serious Crimes will Never be Committed again in the foreseable Future, so that Peace can finaly prevail. On the Contrary, it's notoriously the Horrible May 2, 2014 Massacre of defenseless Civilian Dissidents at Odeassa, which has played a great role into convincing the Majority of People at Donetsk and Luhabsk pro-Autonomy Regions that they'd be obliged to Defend themselves from Kiev's Military, since, Otherwise, they Risked to be as Brutaly Treated as those Defenseless Victims of the most Horrible Massacre of Civilians in the whole History of the Ukranian conflict.


 - Nevertheless, "I Regret to say that" the recent behavior even of Kiev's "Minister of Interior", (who, normaly, should Help the Investigations of such Crimes), is "Not Promissing", "neither Helpful", denounced Today the President of CoE's High-Level Panel, (which is Composed also by two Experienced former Prosecutor and former EuroJudge from Ukraine), Sir Nicolas Bratza, from Great Britain, who reminded, however, the Fact that CoE's "Panel ... was Promissed by the Government of Ukraine", on the contrary, to "receive from the Authorities" a "Full Cooperation in its Work", particularly "when its Mandate was Extended to Cover the Events in Odessa".


 Such Concerns are due mainly to some "Strong Public Criticisms made by the (Kiev Government's) Minister of Interior of the (COE's) Panel's work on Maidan" Deadly Events at the Beginning of 2014, which notoriously resulted in provoking a sudden outburst of Violence Toppling a Peace Agreement between former President Yanukovych and the Leaders of Demonstrators, under the auspices of 3 EU Foreign Ministers from France, Germany and Poland, on February 2014, so that, on the Contrary, a Dangerous process pushing towards a growing and Tragic Division of the Country was provoked and a Deadly and Destructive Armed Conflict was set in motion, arriving recently up to more than 6000 Victims (including many Civilians, even Children) and more than a Million of Refugees/Displaced.

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Controversial Ukranian Interior Minister Arsen Avakov personaly ows his current job to the Deadly February 2014 Violent Clashes, since he was appointed precisely on February 22 of that Same year. After having been  Educated and Worked as a Technical Engineer in the Past, he was placed under House Arrest on 2012 by an Italian Court because he had been included in an "international Wanted list of Interpol", accused of an illegal tranfert of Land, according to "Wikipedia", but was liberated after being included in a list of MPs elected to Kiev's Parliament. Avakov reportedly uses to call the Donetsk/Luhansk Dissidents as "Terrorists", and "Russia requested that (he) be placed on Interpol's Wanted list for "the use of Prohibited means and methods of Warfare, aggravated Murder, the Obstruction of professional activities of Journalists, and Abduction", while "on 9 July 2014, a Moscow district Court Arrested him in absentia". + In additionn, "on November 2014, Ukraine's chief Rabbi Yaakov Bleich condemned Avakov's appointment of Azov Battalion deputy commander and leading Patriot of Ukraine member Vadim Troyan as Kiev Oblast Police Chief, and demanded that "if the interior minister continues to appoint people of Questionable repute and ideologies tainted with Fascism and right-wing Extremism, the interior minister should be Replaced",  according to the same documented sources.


    - Sir Bratza noted Today the Fact that Avakov has Sharply accused the latest Report of CoE's High-Level Panel on the Maidan incidents' Investigation, to be "Baseless" and "OutDated", while also making "a series of Charges against the Integrity and Independence of the Members of the (International) Panel", as he said to CoE's Committee of Ministers.

    - Because CoE's International Panel's Report, published at the End of March 2014, has Strongly Criticized the official Investigations made by Kiev's Authorities during more than a Year now (February 2014 - March 2015) for a blatant "Lack of Efficiency", "Lack of Independence", without the required "Transparency", etc., which "Failed" both to establish the Truth on what really happened, and didn't find, nor punished those Reponsible for Dozens of Killings, both of Demonstrators and of Policemen, commited then, (See : http://www.eurofora.net/newsflashes/news/coeonkievsnipersopenquestion.html).      

- The main reason for such a Serious "Failure to meet the requirements of ECHR's case-law" on CoE's Member States' Duty to Investigate serious Crimes, as COE's International Panel found, was in particular the "Lack of Cooperation", specialy "from the Ministry of Interior", (which had been Denounced many times by the Ukranian Prosecutor General's Office itself, as Sir Bratza observed Today), arriving often up to real "Obstruction".

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Sir Bratza : the main Obstructions were on investigating the SNIPERS !
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+ Another Interesting point is that Sir Bratza revealed Today that the "Lack of Cooperation" mainly by the MOI (Ministry of Interior), denounced also by "repeated" claims "of the (Ukranian) Prosecutor General's office", as having "a Seriously Adverse Impact" to the detriment of the Investigation, concerned "particularly ...the Deaths and injuries on Instytutska Street on 20 February" 2014, i.e. the notoriously crucial issue of Unidentified yet "Snipers" !,
(Comp.: http://www.eurofora.net/newsflashes/news/ukrainedissidentsattackedbymilitaryandextremists.html)


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Both Maidan Snipers' crucial Killings and Odessa's horrible Massacre occured before current President Pedro Poroshenko was elected,  but while Prime Miister Yatsenuk and National Security Council's President Turchinov, had already acceded to Power, (immediately after, and thanks to the Violent Clashes which had been Provoked by those unidentified yet Deadly Snipers who reportedly killed both Policemen and Demonstrators, from similar locations).     

Meanwhile, according to unverified yet sources, several People allegedly linked with the Odessa Massacre, (f.ex. as witnesses or suspects, etc), have either Died or disappeared. Among various other stange incidents, was also that of Prosecutor Serhiy Melnytsuk, from a, Odessa City District, who was reportdly beaten and thrown out of his Flat back on March 2015 : A case initially presented as a "suicide", but afterwards reclassifire as "Murder", when witneses revealed that they had heard Fighting, (as noted even the anti-Russia Web Media "KievPost").

 + Shortly before and after Today Morning's denonciation a CoE's Ministerial Committee in Strasbourg, 2 Ukranian pro-Russian Journalists and a Politician Ally of former President Yanukovych (both from the Governing in the Past "Party of the Regions") were reportedly Killed at Kiev, in a series of 3 Cold-Blood Murders executed by several Gunmen. 

 Ukranian President Poroshenko reportedly asked for a transparent and efficient Investigaation to be made on all those recent 3 Murders, but hasn't yet called for the Resignation of the controversial Minister of Interior.

 

(../..)


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("Draftnews", as already send to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).

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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

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Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

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"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

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PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

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Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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