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Haupt arrow newsitems arrow CoE Assembly Secretary General Sawicki to EF: Rules UpDate may Facilitate Decisions on Russian MEPs+

CoE Assembly Secretary General Sawicki to EF: Rules UpDate may Facilitate Decisions on Russian MEPs+

Geschrieben von ACM
Freitag, 19 Januar 2018
pace_sg_sawicki_reply_to_agg_question_on_decisionmaking_process_change_eurofora_400

*Strasbourg/CoE/Angelo Marcopolo/- Even a simple Change (or, rather, UpDate) of CoE's purely Procedural Rules may Facilitate a much-needed Agreement for a Compromise on Russian MEPs' participation to the PanEuropean Organisation's Parliamentary Assembly (PACE), as it results from the Reply given to an "Eurofora" Question by the Experienced PACE's Secretary General, Wojciech Sawicki.


Since the 2014 Ukraine Conflict, which risked to Divide Europe, a Controversial Vote in PACE, Rejecting a Compromise, striped Russian MEPs from so Many Rights, that they were pushed to Quit CoE's Assembly, until the Participation Rights of All PACE's MEPs might be equally Safeguarded in Future, (i.e. for 3 Years now: See: http://www.eurofora.net/newsflashes/news/coeminorityamendmentpushesrussianmepsout.html+http://www.eurofora.net/newsflashes/news/pacerussiasanctionscutcoeoffukrainepeaceprocess.html
), after what, Russia Recently Suspended its Annual Financial Contribution to the CoE, (while Turkey also Reduced its own, shortly afterwards), resulting in an UnPrecedented Crisis, that CoE's Governments, together with PACE's Majority, would like to Solve asap, and, at any case, Before a forthcoming New Summit of CoE's 47 Heads of State/Government, expected on 2019, (Comp., f.ex.: http://www.eurofora.net/newsflashes/news/newpacepresidentandrussiadebates.html).


Significantly, Today's move was made during the Press Briefing of  European Correspondents on a Crucial forthcoming PACE Plenary Session for the "Winter 2018", Next Week in Strasbourg, which is due, not only to Elect the body's New President, (normally for the next 2 Years : 2018-2019, during which a New CoE Summit is due), as well as CoE's New PanEuropean Commissioner on Human Rights for the Next 5 Years (4/2018 - 2023), but also to Host, for the 1st Time, a brand new body, including Both Governments' and Parliamentarians' Top representatives from COE's Ministerial Committee and its Parliamentary Assembly, Together with Russia's Duma and Federal Council's representatives, (according to a Deal brokered on Top Political Level last December 2017).


In Parallel, Heads of State from Countries which Traditionally play a particular Role also on EU - Russia relations, such as Austria and Armenia, as well as Denmark (including its Prime Minister), that is currentlly Chairing the CoE (for the period of 11/2017-5/2018 : See, f.ex. ...), will all Address this same PACE's Plenary.


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


 - In "Eurofora"s Question to PACE's SG Sawicki, we Observed the Fact that CoE's Assembly, as things stand until now, is, curiously, Deprived of the Possibility to Decide on the Credentials of National Delegations send by CoE's Member States to Strasbourg, during any of its 4 Plenary Sessions traditionaly organized each Year, (on Winter, Spring, Summer and Autumn) : On the Contrary PACE is Hindered to take such a Decision at any Other Moment, except from Only Once per Year : Solely on January, (i.e. at the Beginning of its Winter Session), with Consequences durating for ...12 Months-Long, withOut Any Possibility to Decide Otherwise, f.ex., at its Spring, Summer or Autumn Sessions, Neither Between them. So that CoE's Leadership is, in fact, Deprived of a Necessary Freedom to Move Fast and whenever there is a Political Will, being Obliged, by too Old Rules of Procedure, to Limit its own Decision-making in Only 1 Occasion during a Whole Year : I.e., an obviously Too Long period of Time...


=> Therefore, "Eurofora" Asked Sawicki whether he found Better and Possible to Ensure, for CoE's Leadership, a Freedom to Decide, on PACE MEPs' National Delegations' Credentials, if necessary, during Each of its 4 Sessions of the Year, (WInter, Spring, Summer or Autumn), and/or at any Other Time, between them, (f.ex., perhaps during an "Exceptional Session", and/or a "Standing Committee", etc), if and when the PanEuropean Organisation's Leaders might feel a serious need to do so, for CoE's General Interest. I.e., in Practice, CoE could, thus, have, at least, 4 Chances per Year to Seek and Find a Solution on Problems as that of the Russian Delegation to the PACE, instead of Only 1... Wouldn't that be much More Efficient, from all points of view, for any such serious Political and Diplomatic Negotiations, (including, if necessary, reciprocal Pressure at/from all sides, but also Meaningful Dialogue, for Adequate Compromises), and Timely Action ?


+ Meanwhile, "Eurofora" had already Spoken, about such an Idea, with Various Other experienced Top CoE's Officials, who had mostly said that they Found that Interesting, and had Encouraged us to Raise that Topical now Question to the Right Person : i.e. to PACE's Secretary General.


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

 - Sawicki, in his Reply to the above-mentioned "Eurofora"s Question, started by basically Agreeing on the Fact that, indeed, the Current System, of Only 1 Decision possible for the PACE on such Key Issues, during all the 12 Months of each Year, was "Too Long" and "Not Flexible" enough.

 - However, the Experienced PACE's Secretary General, went on to clearly add that, "If there is a Political Will", a Solution to that Problem was "Possible" !

=> For that purpose, "it's enough to make a Change (or, rather, UpDate : See Infra) inside iCoE's Statute", he told us, pointing at an Old, (and obviously Out-Dated), Article No 32, which still Says that CoE's Parliamentary "Assembly shall Meet in Ordinary Session Once a Year" only !


The Problem is that this is Combined with Article 25, alinea (b), which says that "The term of office of Representatives ... will Date from the opening of the Ordinary Session following their appointment", until that of "the Next ...or ... a Later Ordinary Session", (i.e., practically, until ... Next Year, the soonest)...


- Sawicki explained, in this rrgard, that the 4 Current PACE's Sessions (of Winter, Spring, Summer and Autumn), are considered, for such Technical Reasons, to be "Part-Sessions".


- Therefore, as long as COE's Statute remains unchanged, it's Only in case of New Elections, Death or Resignation, that MEPs' Credentials could be presented Also at  Any among those 4 "Part-Sessions" during the Year. On the Contrary, National Delegations' credentials, should, as he stressed, be presented Only at the Beginning of an "Ordinary Session", (i.e. Only on January, each Year : Comp. Supra).


- Nevertheless, even if somewhat "Not Easy", it is certainly "Possible" to Change that, by Modifying adequately those CoE Statute's Articles, mentioned above, (so that CoE would have 4 Occasions per Year to Decide on such matters, Instead of Only 1), PACE's Secretary General underlined in Conclusion.


>>> And, in Fact, such a Move could be quite "Simple", since, "if CoE's Committee of Ministers and its Parliamentary Assembly Agree, then, for this kind of Issues, there is No Need for (National) Ratifications !", Sawicki observed Positively, while Concluding his Reply to "Eurofora"s Question.


Already, CoE's Statute, which had been Initially adopted as Early as since 1949 (!), i.e. a very Long Time Ago, has been Amended (on specific points) Many Times, until Recently :


=> -, Indeed, at Least ... Thirty Three (33) Amendments have been already made to CoE's Statute, Between 1951 - 2015, as "Eurofora" found at the Official CoE's Texts !


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


+ Meanwhile, Between October and December 2017, (under PACE's interim President Stella Kyriakides from Cyprus, a Center-Right EPP MEP. Comp. various Kyriakides' statements to "Eurofora", as f.ex.: http://www.eurofora.net/newsflashes/news/newpacepresidentkyriakidestoeurofora.html, etc), CoE's Committee of Ministers and its Parliamentary Assembly's Leaders have Already Started to Work Together, in even Closer Cooperation than before, precisely about Issues as that of Russian MEPs' participation and Vote Rights, as well as the Subsequent Financial Problems later provoked by that (Comp. Supra).


>>> An Important and Topical point, in this regard, is a main Conclusion of the Recent Report drafted by Italian MEP Michele Nicoletti (Chairman of the Socialist Group, and probable New PACE President for the 2 Next Years 2018-2019 : Comp. f.ex., some of Nicoletti's Statements to "Eurofora", at: http://www.eurofora.net/newsflashes/news/pacepresidentrow.html , etc) and adopted by PACE on October 2017, about a New CoE's Heads of State/Governments Summit, for the Unity of Europe and its Democratic Security (probably on 2019), which Calls for a Coordinated Approach between Governments and MEPs, particularly on delicate Issues which Affect the "Unity" of the PanEuropean Organisation, as also that of the Fate of Russian MEPs.


So that an Eventual Change (or UpDate) of the above-mentioned Points in CoE's Statute (Comp. Supra) with a possible Agreement between CoE's Committee of Ministers and PACE's MEPs, i.e. withOut Need for National Ratifications, could, normally, be Feasible and rather Simple, (particularly, given the Urgency of the matter, in practical terms, considering f.ex., its Budget, the preparation of the Summit, the quality of its PanEuropean Debates on "Hot" Political Issues concerning all its 47 Member States, etc).

 

coe_flags_eurofora_400

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+ On the Substance of the Issue, it's well known that Russia has clearly Asked for All PACE's MEPs' Rights, as Parlementarians, to be Safeguarded, in the Future, in unequivocal terms, which would Not allow any Other eventual Repetition of So Harsh Sanctions, Depriving them for Too Many Rights of Participation/Vote, as in that Exceptional, Controversial Case which Provoked the Departure of Russian MEPs (Comp. Supra). 


Therefore, Moscow, notoriously finds Necessary also a Reform of PACE's "Rules of Procedure", in order for All MEPs' elementary Rights to be clearly Safeguarded in the Future. As long as this is not done, the Russian Delegation of MEPs does Not Accept to Return Back inside the PACE, in a Precarious Condition, and, after Years of provoked Absence, it has decided to Suspend all its Annual Financial Contribution to the COE, (effective from February 2018, i.e. in 2 Months Time, as another Experienced CoE's Official told us).


>>> In order to Facilitate the obviously Necessary "Dialogue" between Russia and PACE for a Solution on this thorny Issue, but also in the Wider, Topical Context of the Preparation of CoE's Summit, all being linked with a Debate on COE's Future Role at the PanEuropean area, (Comp. Supra), PACE's President Stella Kyriakides proposed, and PACE's Bureau Collectively Accepted, on December 2017, after a 1st Meeting with 5 Russian Parliamentary Leaders, (including Mrs Matvienko and Mr. Borodin, Presidents of the Federal Council and of Duma, respectively), to set up a New, "Ad Hoc" Committee, Strongly Built, with the Participation of All Heads of National Delegations, the Presidents of Political Groups, and the Chairs of PACE's Committees, as well as its Rapporteurs on PACE's Role and Procedures, explicitly charged to Focus on CoE Assembly's "Mission".


=> This, important New PACE's High-level "Ad Hoc" Committee on COE' Assembly's "Role and Mission", was Officially convoked by President Kyriakides (whose Mandate concludes on the 21st of January 2018) and the Bureau, to Meet in Strasbourg, on Next Tuesday, with the Participation of at least 2 Russian Top MEPs, (Konstantin Kosachev, Long-Time President of Senate's Foreign affairs Committee, and Pyotr Tolstoy, Duma's vice-President), as Sawicki confirmed.


 - "This is a Creaton of PACE's Bureau, and, therefore, If and when it might, eventually, Propose any Amendments to PACE's Rules of Procedure, then, normally, this should be Debated and Voted by the competent PACE Committee on Rules of Procedure, before a Final and Decisive, Public Debate and Vote at a Plenary Session, Sawicki concluded on this point.


I.e, something which, theoretically, could be done during a Week, i.e. in one Plenary Session, But, in Fact, might require a, more or less, Longer Time, ...thereby showing, in fact, again the Practical Interest for "Eurofora"s above-mentioned Suggestion to Simplify and Accelerate PACE's work, on this and other such cases, that its Secretary General appeared to find Practically Useful and Feasible, (Comp. concrete Detals Supra)...

 

(../..)

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 politkovskaya_gongadze_adali_400

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...
------------------------------
- On EFFICIENCY :
-----------------------
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  !
-----------------------
 - 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 :
----------------------------------

imag0103_400

    - "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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