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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

Parašė ACM
Wednesday, April 15, 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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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...
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- On EFFICIENCY :
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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  !
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 - 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 :
----------------------------------

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    - "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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