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Haupt arrow newsitems arrow CoE Secretary General Jagland to EF: Independent Monitoring = Key against Corruption of Judges

CoE Secretary General Jagland to EF: Independent Monitoring = Key against Corruption of Judges

Geschrieben von ACM
Dienstag, 07 November 2017
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*Strasbourg/CoE/Angelo Marcopolo/
- Questioned by "Eurofora" about the Independence of Mechanisms to Monitor the Prevention or Eradication of Corruption risks among Judges, in order to maintain Citizens' Trust to their Integrity, CoE's Secretary General, Thornbjorn Jagland's Reply was sharp and concrete :


- "That is, indeed", one of the core Issues for Today's "European Conference of Judges", (organized by the "Consultative Council of European Judges" : CCEJ), he Started to say.

- In consequence, "they are" precisely "Discussing about that", Jagland anounced, pointing at an Exceptional CoE's Conference in Strasbourg, due to Draft a relevant Legal Opinion on that matter.


- And this is going-on "Right Now !", Jaglant stressed, concerning a Move expected to present CoE's competent Legal Expert's View on that Topical matter the soonest, "for 2018".


- For the rest, COE's Secretary General pointed at his own Speech, which had just Opened that Conference, particularly by mentioning current Risks of a "Populist Exploitation of (such eventual problems in) the Judiciary in the current Political Environment".

One among the various Examples of that Political "Exploitation", was offered, later-on, spontaneously by a Turkish Government representative, who Claimed that it was only an Alleged Sympathy of some Judges with that Strange, 6 Hours only long, "Coup" Attempt of July 2016, which would explain and justify the Massive Dissmissals, followed often also by Prosecutions, Arrests, and/or ImPrisonements, etc, of several Thousands of Judges in Turkey, (usually Accused to be "Gullenists", etc).


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- "It's exactly about what You just heard me tell and discuss in that Conference", went on to add, Later-on, speaking also to "Eurofora", the Experienced President of CoE's PanEuropean Anti-Corruption Watchdog, nick-named "GRECO", Marin Mrcela, who is also vice-President of Croatia's Supreme Court.

- President Mrcela, inter alia, had insisted, indeed, in his Address to CoE's Conference, Earlier this Morning, that, according also to some other CoE's relevant Legal Recommendations, each Country should have a "Council of Judges", with Most of its Members, "Not Appointed, but Elected", as he stressed, in order to deal with Monitoring Judges' career and behavior, etc.

Indeed, this is Part of the Proposals included in GRECO's latest Recommendation on "Judicial Integrity and Corruption", recently made according to its factual Findings after Checking the Current Situation in several CoE's Member States, (Comp., f.ex., among others, also, some relevant Critical Observations, Previously made to "Eurofora" by GRECO's President at : ..., etc)

+ "Transparency" is also another Key Word, for that same purpose, Mrcela went on to add, in this regard, inter alia.

=> But, "at Any case", Judges "should be Monitored by Independent Bodies", clearly stressed the experienced GRECO's President, (in accordance with "Eurofora"s query : Comp. Supra).

The Judicial branch has, apparently, been considered by the CoE as the Most Urgent to Address Nowadays, among a Wider Trilogy of "MPs, Prosecutors and Judges", which has been Examined, throughout all CoE's 47 Member States, during the Latest period of Monitoring by "GRECO", the overall Results of which, Together with Measures to "Prevent Corruption" in all those areas in the Future, is due to be Discussed during a 2 Days Conference, Later this Week, on Thursday and Friday (9-10/11/2017) in Prague, (Czech Republic).

 

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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

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"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

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PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

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Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

Polls

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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