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Home arrow newsitems arrow Web Journalist Daphne Murder 2 Years After: No real Enquiry say CoE/OSCE/UN +back Victims' Family

Web Journalist Daphne Murder 2 Years After: No real Enquiry say CoE/OSCE/UN +back Victims' Family

Written by ACM
Wednesday, 16 October 2019
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*Strasboug/Angelo Marcopolo/- Murdered Web Journalist Daphne Caruana Galizia "practiced" News as "a Service in the Public Interest", rightfully stressed CoE, OSCE and UNO Human Rights' Senior Officers, in an Exceptionaly Joint Communiqué, published 2 Years after her Brutal Killing by a Bomb near her Family Home, for which, Scandalously, "Masterminds remain Unaccountable for now", as they Denounced, Slaming a Last-Minute Attempt by Controversial Public Authorities in Malta to cover-up its Grave Responsibilities for such a rare Failure to do elementary Justice.

- "On the Contrary, posthumous Libel Suits continue to Target the Family" of the Victim, her Husband and her 3 Sons), while, Even "makeshift Memorials of her are frequently Removed", they Critically Observed, after a recent Letter by the Prime Minister of Malta, (often Criticized, himself and/or his entourage, by Daphne's Publications), where he Shamefully Refused to Stop Persecuting the Victims' Family unless they are Obliged to Accept the Controversial Claim of some Officials appointed by hs Govenment that he would be completely innocent of any Corruption Suspicion : To which, Daphne's Family Proudly Replied that they did Not Yield to "Blackmail" !

The Joint Statement published Today by CoE Human Rights Commissioner Dunja Mijatović,  OSCE Representative on Media Freedom Harlem Désir, UN Rapporteurs on Freedom of Opinion and Expression, David Kaye, and on ExtraJudicial, summary or Arbitrary Executions, Agnes Callamard, (See Replies to "Eurofora"s Questions by Mijatovic : ... + ..., etc, Kaye: ..., and Desir: ..., etc), Strongly Criticizes the fact that "the Government of Malta remains far Behind in its Obligation to ensure that Investigations in the Murder of Daphne Caruana Galizia are conducted in a Prompt, Effective, Independent and Impartial manner" : Indeed, "2 Years have passed", But, still, there are "No Convictions, No Trials of RingLeaders and Masterminds".

- Until now, it's Only 3 Laymen, who have "have been Charged with the murder", and "after almost 20 Months, they were finally ordered to stand Trial", (since, Otherwise, the Exhaustion of Legal Time Deadlines, would have Obliged the Auhorities to let them Free to go)... "However, Ending Impunity requires holding Accountable not only those who carried out the murder, but everyone Complicit in it, including the Masterminds behind it", who Scandalously remain still Totaly Unknown, Keeping Hidden the Reason for which that Journalist was Murdered.

=> Therefore, "we Urge the Government of Malta to uphold its Obligations to respect and ensure Freedom of Expression and Press freedom, and to Investigate the Murder of Daphne", "in accordance with the Standards of International Human Rights' Law, (such as those of the International Covenant on Civil and Political Rights, and of the European Convention on Human Rights)", they stressed.

- Calling "on the Authorities", "to Speed up the process of establishing Accountability, and shed full Light on this Horrendous Crime", the CoE/OSCE/UNO's Human Rights Senior Officers, stress that "he Government of Malta owes an Answer to Daphne, her Family, Maltese Society, and All Journalists around the World".

 - Because, as they observe, this 2nd "Tragic Anniversary of the Murder of Daphne",  that "Shook People in Europe, and Beyond",  "reminds us of the Costs borne by Journalists, particularly those who Seek to hold the Powerful to Account", while "Investigative Journalism embodies the central Values of Access to Information, and Robust reporting and Debate to Democratic Society", so that, any "Attacks" on Such  Journalists "not only Deny their right to Life", but they Also "Deny the Public’s Right to Know".


>>> Indeed, "Journalism, as Daphne Caruana Galizia, and countless Others around the World have Practiced it, is a Service in the Public Interest", (and Not Just a Selfish, Private Business), CoE/OSCE/UNO Human Rights' Top Experts underlined.

- This echoes what "Eurofora" has Recently discussed, at the CoE in Strasburg, with Daphne's Son Mathew, himself a practicing Journalist, about his Mother's personal Notes at her Web Site's Discussions with Readers, in which she had, effectively, observed that, probably, in the whole Country (Malta), there were just 2 Journalists trying to practice that Special Kind of Public Service Journalism for the People, taking also Risks to Criticize Powerful circles, whenever they seriously felt that it was necessary for the General Interest of the Society.

- And her Husband, (Lawyer himself), had recently Stressed in Strasbourg, during a Public Lecture on his Brutally Murdered Wife, with obvious Sorrow, but also Proud or her, that, - "When she Believed that she just Had to Write and Publish on a (News) Story that the People Needed to Know, Nothing could Stop her : Not even Guns, Neither 1000 Turkish Knives !"...

=> A Noble and Profoundly Authentic Idea for Real Journalism, which stands much More Near to ECHR's own Definition of Press Freedom, based on Article 10 of the PanEuropean Convention on Human Rights, than any of those, entirely Different, and often Antithetic, Ersatz Misconceptions with which some Claim to Close Journalism in a Narrow-minded, Selfish, "Fiscal" and Petty Caricature of individuals merely empocketing a percentage of Money by a Business (sic !)...

An Anti-Democratic Deviation which has been clearly Rejected, inter alia, Also by the Cryctal-clear Definitions of Journalism, (as a Person's Commitment to Regular Search, Writting and Publishing of Pertinent Informations, needed to be known by the People for the General Interest of the Society), Both by the Inter-American Court of Human Rights, already as Early as, in 2 Landmark Collective Decisions of its Plenary Since 1986, (Discussed at a CoE's Conference in Strasbourg on 2016), and at the PanEuropean Organisation for Human Rights, Democracy and Rule of Law's latest Book on the Definition of Journalism and Press Freedom, published on 2017, (See: ... + ..., etc).

Indeed, the Murdered Journalist's Youngest Son, Paul, (who Represented the Family also at CoE's Parliamentary Assembly's latest relevant Event, this Autumn 2019 in Strasbourg), had already told "Eurofora", (and this was Also Confirmed by his Father, speaking to "Eurofora" Later-on, here), Daphne's Traditional Media in the Past, a Weekly Newspaper of the Establishment, practically Censored or Refused almost All Critical NewStories that she Wrote, (mainly because of Government and/or Other's Pressure, particularly by Threats to Deprive that Commercial Media from Lucrative Publicity Revenues, etc), so that she was Obliged to Create her own Web Media, (which bears her own Name), in order to Allow her an elementary Freedom to Publish what her Conscience, as Real Journalist, convinced her that it was Needed by the People to Know, for the General Interest of the Society.

------------------------------

 But the above-mentioned, Exceptional Joint Move by CoE, OSCE and UNO's Top Senior Officers on Human Rights, including Free Speech and Journalism, came Today also at a Crucial Moment, while the Controversial current Maltese Government had just Attempted to clumsily Hide its own Responsibility for Failing to meet a Time Deadline set up by CoE's Monitoring Bodies for a Transparent, Independent and Efficient Investigation of Daphne's Murder, by, suddenly, Announcing its intention, Earlier this Autumn 2019, to set up a Special, Uni-Person "Committee", to Enquire whether that Government had Committed an Error, in this Tragic Case, or Not at all...

This was Maltese Prime Minister Muscat's indirect but main reaction, shortly After CoE's Human Rights Commissioner, Dunja Mijatovic, had Stongly Criticized the Fact that, in Addition the More than 40 civil and Criminal Defamation Suits (Most from that Government-related sides), that had Faced the Murdered Journalist, since her Murder, some ...30 were Transferred to her Family, according to a Maltese Law which allows plaintifs to Pursue actions against the Heirs of a Deceased Accused !

PM Muscat Refused to Stop such scandalous persecution of the Murdered Journalist's Family, unless they Accepted the Conclusions of a Previous, Controversial body which had claimed that he was absolutely Innocent from any Suspicion. But, after Dathne's Family Refused to Yield to such a "Blackmail", (Comp. Supra), Muscat's Governmen being Exposed to growing Criticism, he, Suddenly, used that "Public Inquiry" New Pretext, in order to Divert Attention from the Obvious Fact that he had just Failed to meet the Time Deadline, set up by CoE's Parlamentary Assembly, for proving that his Government was Able to make, at last, an "Efficient" Investigation on Daphne's Murder...

Initialy, it seems that such a Manoeuver risked to give False Impressions, to the point that it was presented by some, even to the incoming, then, New CoE's Secretary General Marija Buric, as if it marked a "Progress"" in the fulfillment of that controversial Maltese Government's obligations...

But the Hard Reality soon Surfaced, when People started to Examine the Official Terms of Reference of Mr. Muscat's "Public Inquiry" Board, including CoE Assembly's (PACE) Rapporteur on Daphne's Murder, Dutch ChristianDemocrat/EPP MEP Pieter Omtzigt, the Critical Conclusions of whom, were Endorsed by PACE's Legal and Human Rights Committee, this October 2019 in Strasbourg :

Inter alia, Controversial Maltese Prime Minister's so-called "Public Inquiry", was, in fact, Restricted into a 9 Months Only Mandate ; did Not aim at all to Find and Punish the Instigators of Daphne's Murder, but only to check if the Government had failed to Prevent that Murder, and/or whether Malta's Legal Framework is Sufficient also for Other similar Cases ; its Composition was Fixed by that Same Prime Minister that it was supposed to Check, and included Individuals who had, each, various links of personal Interest within his Government, (f.ex. doing Business with them, or having been Appointed to a Job by them, etc), instead of being really Independent ; an effective Participation in its Activities by the Victim's Family (according to ECHR's case-law) was Not Guaranteed, while, at any case, it should "Not impede or compromise (the) Criminal Investigation" on Daphne's Murder, conducted Exclusively by the State's usual Authorities ; its Activities, instead of being Transparent, could, in fact, be also held largely "in Camera", while even the immediate and full Publication of its Conclusions was Not Guaranteed ; (etc)...      

=> "The Inquiry, as Currently constituted, Clearly does Not Meet the (COE) Assembly's Expectations", Omtzigt    inevitably concluded, according to the official transcript endorsed by PACE.  

CoE's Rapporteur is due to "Follow" relevant Developments, in view of the competent PACE Committee's Next Meeting, in the Middle of November 2019, in Paris.

 

(../..)

(DraftNews)

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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.

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      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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