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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

*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.





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    Before the end of 2009, France and Germany will take strong initiatives to open "new Horizons" needed by Europe and the World, going well beyond the current Crisis' management, anounced French President Nicolas Sarkozy and German Chancellor Angie Merkel, reassuring that both a judgement on Lisbon Treaty by nearby Karlsruhe German Federal Court, and the forthcoming National Elections in Germany would confirm their capacity to act.    

They were replying to Press questions in Berlin, after key-regional elections on Sunday, where Merkel's ChristianDemocratic party kept everywhere a strong 1st and won the possibility to forge a New Majority with Liberals at the largest of 3 Landers : Saxony (4 millions inhabitants), while its main competitor, the Socialdemocrat party fell to unprecedented lows : Tackled by the small "Linke" (left) party in Saarland (1 million inhabitants), it became even smaller than it in Saxony and Thuringen (3 million inhabitants), where SPD arrived only third. While its usual partners, the "Greens" also fell down, contrary to CDU's new partners, the FDP Liberals, who go up.


    - "At any case, at the end of the year (2009), if things go as scheduled, we shall take strong initiatives, showing that Europe needs a Franco-German axis, as well as the World, even if it never excludes other" countries to join, replied Sarkozy to a question if France and Germany will revive the "European dream", by "relauncing the EU motor" for the Future, with actions going further than the mere management of the global crisis, (as it was done fex. in the Past with the creation of the "Euro" Monetary zone, etc).

    - "I am convinced that the Franco-German friendship must be constantly nourished by New Projects", he added."There are many areas of cooperation where we intend to take, very soon, some Franco-German initiatives, which will allow to open more Horizons" to the EU, Sarkozy stressed.

    But if "we don't speak about that now, it's only in order to avoid interfering in important elections coming in Germany", he observed. However, "we have already started to consider the Future with the (German) Chancellor, and what we can do in order to honour our predecessors". "We are already speaking about that, and we are preparing things". "I am working very well together with Mrs Merkel, and I wish that it goes on", Sarkozy concluded.


    - "It's important for EU's credibility that France and Germany advance forward together", stressed Merkel from the outset. "Don't worry about Germany's capacity to undertake initiatives" with France, she added. "France and Germany will be perfectly able to make proposals" for the EU.

    -  "After-crisis" plans must be prepared, meanwhile, with measures "advancing progressively", Merkel anounced. And, for the short term, we must deal also with EU Citizens' dismay since they feel that it's a Scandal for some in the Financial Markets to be paid with excessive "Bonuses", etc, she agreed with Sarkozy.

    - "Abuses in financial markets must stop", stressed also Sarkozy. Backing Merkel's announcement that France and Germany call for an EU meeting to forge "a crystal-clear European position" in view of the G-14 Summit at Pittsburg, he warned that "everyone will have to undertake his responsibilities, in front of World's Public Opinion. particularly those who don't want to make the same effort of regulation as France and Germany".

    Moreover, "Global Trade cannot be correctly dealt, without taking into account also Environmental and Social rules", Sarkozy added, referring to recently expressed positions against Unfair Competition via Environmental and/or Social Dumping, (See earlier "EuroFora"'s publications).

    Such moves are obviously linked to the need to ensure at least an elementary respect for Human Rights by Third Countries, (f.ex. exploitation of Children's work, etc) in order to avoid, precisely, any such Social Dumping.

    - "EU has Values, protecting Human Rights and Human Dignity", and "it cannot close its eyes" in front of grave violations, particularly "Torture and/or killings", added, indeed, Sarkozy.

    Thus, "the time comes, where decisions must be taken". But, in case of "Sanctions", "all International opinion should be convinced of the need to take action", he observed.

    Expressed on the occasion of recent developments in Iran, the same principles should logically apply also to other similar cases, including fex. that of Hundreds of ECHR judgements' condemning f;ex. Turkey for grave crimes, (as Torture, brutal Killings, Enforced "Disappearances", Destruction of Family Homes, harassments and oppressive violations of Freedom of Speech, etc).

    Meanwhile, questioned on (EU Commission's chair)  Barroso's bid to succeed himself for a second mandate, they both expressed a "wish" or a "feeling" that "EU Parliament"'s various political Groups might fix a date for decisions "during September". However, is he is endorsed before the entry into force of the Lisbon Treaty, it will be legally necessary to re-vote anew for a full term of office afterwards, according to EU Legal Experts, revealed recently in Strasbourg the experienced former President of EU Parliament's Constitutional Committee, German Socialist MEP Jo Leinen. And Germany will not vote for Lisbon Treaty's ratification but only "on September 8 and 18", revealed Merkel, ( i.e. after EU Parliament's plenary session in Strasbourg).

    - Therefore, "for EU Commissioners' appointment, it's too early yet, because we must wait for the ratification of Lisbon Treaty" by all 27 EU Member countries, including naturally Ireland's Referendum on early October, said to "EuroFora" the influential President of EU Parliament's largest group of MEPs, Joseph Daul, expressing, however, the hope that a controversial deal with the head of the Socialist Group of MEPs, Martin Schultz of Germany, might hold for Barroso alone, at a forthcoming vote due to fix the Strasbourg plenary's Agenda.

    But MEPs reportedly just "postponed" for 1 week all their previously scheduled group meetings (See : http://www.euractiv.com/en/future-eu/barroso-unveil-summer-homework-week/article-184825 );

    However, while the choice of a new EU Commission's President by EU Parliament is supposed, according to many MEPs' wish, take place according to EU policy issues, paradoxically, this would mean that Barroso's bid would pass before even the anouncement of France and Germany's "initiatives" for EU's "new Horizons"...


2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?


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