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Αρχική arrow newsitems arrow CoE to Boost Athletes' Human Rights after Anti-Doping Zig-Zag Row between Russia - SKorea Olympics

CoE to Boost Athletes' Human Rights after Anti-Doping Zig-Zag Row between Russia - SKorea Olympics

Έχει γραφτεί από ACM
Τρίτη, 20 Μάρτιος 2018
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*Strasbourg/CoE/Angelo Marcopolo/- Acting Fast, After the Recent Olympic Games' Row, which initially Excluded, Before Later Restoring to their Rights, many Russian Athletes, regarding Doping Allegations, according to Controversial Procedures, for the First Time, a consistent Draft "Charter of Athlete Rights" was Discussed in Strasbourg, in view of a possible adoption in a Few Months' Time,  at CoE's 47 Member States-strong PanEuropean Organisation for Human Rights, Democracy and Rule of Law, in Cooperation with the Global Anti-Doping Agency (ADA), during an Exceptional International Conference co-Organized Together with CoE's Anti-Doping Convention's Experts, (a European Legal Text, Open for Signature to All Countries in the World).


While, on December 2017, IOC had Banned Dozens of Top, Prize-Winning Russian Athletes, and Stripped them from the Medals and Titles that they had Won, allegedly thanks to Doping, exceptionally Excluding even the Country as such, from the Latest, 2018 Olympic Games at PyeongChang, in South Korea, because of Doping Allegations Dating since the Previous Olympic Winter Games of 2014 at Sochi (Russia), suddenly, on February 2018, the Court of Arbitration on Sport (CAS), cancelled many of those rulings,  reversed or, at least, reduced and limited several others, after Finding that they Lacked of Sufficient Evidence, had been obtained after Controversial Procedures, and/or were DisProportionate, etc. But that Rectification came too Late, for the concerned Athletes, who were Excluded from the 2O18 Olympic Games, added also to various Other Negative Repercussions to the Detriment of their Honor, Reputation, Social and/or Professional Lives.


+ By a Timely Coincidence, the Experienced Russian Health Minister, Veronika Skvortsova, (who has Recently been Elected also President of  the World Health Organisation (WHO)'s Assembly at nearby Geneva), was Today in Strasbourg, where she met with CoE's Secretary General, Thornbjorn Jagland this Same Morning.

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 coe_antidoping__athletes_human_rights_top_panel_eurofora_400
 


=> - "Athletes' Human Rights must be Protected, and their Voices Heard" : This "Issue ..will be addressed at (CoE's) Next Conferene of Ministers responsible for Sport, which will take place in Georgia, on October" 2018, Announced, from the outset, CoE's Deputy Secretary General, Gabriella Battaini-Dragoni, (who has also a personal Experience on that area, since she has served also as former Sports' Minister).


-  Indeed, "the Credibility of the Anti-Doping" Institutions, as well as "the Human Rights of Athletes" require to Act, particularly for their Right to a "Fair Hearing" by an "Independent and Impartial" body, similar to that of EConv.HR's "Article 6", etc. For that, we need to hold sincere and open "Discussions" with all the stakeholders, pointed out ADA's vice-President, the MInister for Children and Equality from Norway, Linda Hofstad-Helleland.


- We want that forthcming "Charter" on Athletes' Rights "to be Robust", and, for that purpose, we must "add Input to the Process" if its Preparation, while also meeting the relevant "Time Deadlines", incited the President of CoE's Anti-Doping Convention's Monitoring Group, Anders Solheim, who introduced to the Debates which followed, (partly Open to the Press, partly "In Camera").


- Several among the Participants to that Debate, (taken among Athletes, NGOs, Experts, etc), Criticized what they found to be the "too Complex", sometimes even "Confusing", character of the current Legal Texts and/or Mechanisms used in the Anti-Doping activities, asking to "Clarify" them for the Athletes+.


=> - "Whenever we speak about Sochi (Comp. Supra), I'd better Put my Glasses on !", characteristically Joked, in this regard, the former Football Player, and currently Chie Technical Development Officer at the FIFA, Marco Van Basten, during a Dialogue between Experienced Athletes, Together with another former Footballer, Jan Age Fjortfoft, from Norway.


+ Other Participants tno that Debate prefered to Focus on the Need for "Transparency" of the relevant Procedures, and for the "Independence" of those due to take Decisions.


++ Last, but not least, several Participants asked for "Efficiency", and "to Make Sure that the Rules are Applied to everybody", etc.


The 2nd Debate, about the Concrete Measures, with which CoE intends to Boost Athletes' Rights, was held Behind Closed Doors (for the Press).


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 coe__ada_conference_on_athletes_human_rights_and_doping_eurofora_400

 

=> "Eurofra" found, meanwhile, CoE's Draft "Declaration" about the forthcoming "Charter of Athlete Rights", which is a Document of 5 Pages, in the form of a Legal Convention with 17 Articles :


 - "Sport is Controlled by International ... Federations, National ... Organisations, Professional .. Leagues, Employers, Businesses and Governments", while "Athletes are the Public Face of Sport, and Athletic Performance is fundamental to the Prestige, Popularity and Viability of Sport". In consequence, "the Politisation and Commericalisation of Sport Today, sees a Failure to uphold the Humanity of Sport and the Dignity of the Player, and a Violation, by Sports' Organizations, of Internnationaly Recognized Human Rights", COE's Draft notes from the outset.

 - "Education, Health and Safety", "Equality of Opportunity", "Fair and Just Sporting Conditions", "Privacy" and "Protection of Name, Image and Performance" and "Rights of the Child", as well as "Freedom of Expression", "Representation", "Access to Court", "Procedural Justice" and "Right to an Effective Remedy", concerne the Substantial Rights of the Athletes, and the Means to Defend them.

+ "Freedom from Doping and Corruption", as well as the "Duty to Respect the Rights of Others and (to) Advance Sport", go more in the Direction of their Obligations, (even if CoE's text also speaks of "Freedom from Doping", and about "Athlete"'s "Right to a Sporting Environment ...Free of" Doping) :


- "Doping"'s Definition is considerably Simplified, (compared to the Complex and Confusing original Definition in the Anti-Doping Connfession) : It's just "Using Banned Substances".  

      
- Relevant "Genetic Manipulations" should, normally, be Included into that, since almost All of them use some kind of "Substances", noted a CoE's Expert, speaking to "Eurofora". Moreover, CoE's Draft calls also to "Presetve teh Integrity of Spot, ...Fee from ...Manipulation" (etc), she pointed out, in his regard.


+ At the same time, "Every Athlete has the Duty to Advance and Promote the Interests of his .. Sport and Community", and to Help "Ensure that Everyone can Enjoy Sport, and that the Health of Sport and the Social and Cultural role in Society is preserved", CoE's text concludes.  ,


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 >>> Curiously, this CoE's "Charter" does Not contain any Definition of what is an "Athlete"... Therefore, "Eurofora", speaking to CoE's Experts, suggested that, in fact, this New Draft might implicitly Refer to the Crystal-Clear Definition already Given by CoE's Anti-Doping Convention, according to which : - ""Sportsmen" .. means those Persons who Participate Regularly in organized Sports Activities". (Article 2).


An eventual Professionalisation is Not a matter of Definition of what is an "Athlete". But, on the Contrary, a "Right", that "every Athlete has", "to Share Fairly in the Economic Activity and Wealth of his .. Sport, which Athletes helped generate", (i.e. If and When he might Wish to do so), as it results from CoE's Draft "Charter of Athlete's Rights" (Article 6, on "Economic Activity").

 

20180320_113758_400 


In other words, it Reminds (mutatis-mutandis) the Definition of "Journalism" already given by 2 landmark Decisions of the Inter-American Court, as Early as since 1985, as a Person engaged in a Regular Activity of Searching, Formulating and Publishing News of General Interest for the Society, that a Recent CoE's Book on "Press Freedom" published on March 2017, by a Team of Experts (including the new Secretary General of the European Federation of Journalists from Brussels, etc). Something which is, obviously, much more Closer to ECHR's Case-Law, than a merely "Fiscal" Description of some Bureaucrats who, curiously, insist to Reduce the Noble Vocation of "Journalism", only to a mere ..."Card" attesting what kind of Business might Pay the Majority of an Individual's Revenues (sic !)...


I.e., CoE naturally Prefers, Both for "Athletes" and for "Journalists", a Definition Focusing on the "Substance" of their Real Activities in the Society, instead of Merely Restricting it to a Sly, Fiscal Description, which has Nothing to do with the Substance of the Issue.

(../..)

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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 ?

adali_gongadze


- "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.

imag0335_400


      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).
-------------------------------

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.
--------------------
    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.    
    

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