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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

*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.
***
("Draftnews", as already send to "EuroFora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).
***
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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.
+ ECHR's Statistics on Freedom of Expression (See below).
European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.
His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.
To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".
Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned in 10 years of jail 2 executants, but not yet the instigators.
While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..
In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.
- "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.
- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".
- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".
"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".
"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

Costa's call was strongly supported by several Top CoE MEPs, from various Political areas
- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.
- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..
- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press". "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".
Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians cannot function without a Free Press. Not investigating, is not protecting ourselves".
So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded
- "CoE can' look at these cases differently. CoE can't wear Blinckers !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British Socialist MEP, Alan Meale.
- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.
(See also earlier News at "EuroFora" on similar issues).
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ECHR's Statistics on Freedom of Expression :
Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.
Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
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During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.
France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.

















