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Home arrow newsitems arrow CoE Head Jagland to EuroFora: Meeting UNSG Ban Ki Moon after PACE vote for Pol.Solution to Syria War

CoE Head Jagland to EuroFora: Meeting UNSG Ban Ki Moon after PACE vote for Pol.Solution to Syria War

Pisac ACM
04. 10. 2012.

 20121004_04.32.49_400

 *Strasbourg/CoE/Angelo Marcopolo/(+partly Updated on 5/9/12)/-  Speaking to "EuroFora" just after a Resolution adopted with a strong Majority by CoE's  Parliamentary Assembly, calling for a "Political Solution" to the "War" in Syria, the Head of the PanEuropean Organization, Thornbjorn Jagland from Norway, expressed his intention to discuss with UNO's Secretary General, Ban Ki Moon, in a few Days in Strasbourg, the need to find "an International Solution" on Syria, according to a Double Mandate that he now holds both from CoE's MEPS and Foreign Ministers, as he told us, while Turkey was apparently heading, on the contrary, towards even more Bilateral, Military, Deadly clashes, as it was anounced almost at the same time.


- "Eurofora" asked Jagland if he intends to start using the official Mandate that has just given on Syria CoE's PanEuropean Assembly , by adopting a Resoilution which launches a call in favour of a "Political (and Not Millitary) Solution", to the "Civil War" (as an Amendment adopted at the last minute denounces) going on in Syria.


 - "It's not only the (CoE's) Parliamentary Assembly, but also the (CoE's) Committee of Ministers, which has given ... such a Mandate on Syria", replied Jagland to "EuroFora"s Question.


 - Indeed, most Recently, "there is a very Clear attitude from the (CoE's Committee of) Miinisters, that we (CoE) should Call for an International Solution to this Conflict" about Syria, pointed out Jagland replying to "Eurofora"'.


+ COE's Head, also agreed positively with "EuroFora" that, therefore, "Yes, of course", he "shall use the opportunity of (his) forthcoming meeting with UNO's Secretary General, Ban Ki Moon, during the next few Days in Strasbourg, on the sidelines of the 1st World Democracy Forum, scheduled from 5 to 11 October 2012 in Strasbourg, discuss with him "in order to try to advance forward the PACE's  and CM's position for a Political Solution on Syria,


which should, moreover, be "International", as he told us, i.e. apparently very Different from the Bilateral, Military Attacks obviously preferable to Ankara, including repeated, systematic Bombings by the Turkish Army, which have just provoked, yesterday Night and this Morning, "many Killings", as it was reported by the independent Syrian Human Rights' Organization.
-----------------


+ Earlier, - i.e. Before Today Afternoon's Decision by Ankara to continue Deadly Bombings against various targets inside Syria, and to give a green light even to more and other Military Operations by the Turkish Army vis a vis its neighbouring Country,-

20121004_04.17.47_400


  Jagland, referring only to "the developments that had taken place Yesterday", (i.e. the Bombs which reportedly "killed at least 48 and wounded more than 100 People" in Alep, Syria, followed by Rockets fired from an unidentified origin, at a Turkish village killing 3 persons, to which the Turkish Army reacted by opening Fire against several Targets inside Syria chosen by Military Radars, and killing "Many Victims", according to Independent NGOs), had just said in a Press Conference with Strasbourg Journalists, including "EuroFora", at the request of a collegue, that Facts "show how Serious this Conflct is, because the Danger is also spreading to the Neighbouring Countries, and, therefore, once again, we (CoE) call All the parties (i.e. Turkey included) to Stop Hostilities, and, also, on the International Community to find an Agreement on how to Stop Hostilities and find a Political Solution to this conflict".


Previously, CoE's Website published another Note in which Jagland denounced, as a matter of general principle, "the Loss of Lives in a CoE's Member State" as "Deplorable", and added his "sincere Condoleances to the Turkish Government", as well as to "the relations of the Victims", (eventually meaning both a Family in Turkey and the Families concerned in Syria, where Turkish Army's and other Bombings were reportedly massive and repeated : Comp. Supra).

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- UNO's reactions : + "Al Quaida" ?
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    - Initially, UNO Secretary General, Ban Ki Moon's Spokesman had issued an official statement at New York, denouncing the "Atrocious Terrorist Bombings in Alleppo .. which Killed Dozens of People, including Civilians", as well as an "increasing" "Threat to International Peace", launching a "call on all concerned to abandon the use of Violence, .. and exert all efforts to move towards a Political Solution".


    - Later on, UNO's Highest body, the Security Council, "Condemned <<in the Strongest terms>> the Terrorist Attacks, which took place on Wednesday", against the "Syrian City of Aleppo, causing Dozens of Deaths, and leaving more than a Hundred Civilians Injured".

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    - UNO's Security Council "noted that  .. an Islamist .. group affiliated with the Al-Quaida Terrorist Group, had claimed Responsibility for the Attack" against the Syrian City surrounded by Turkey's borders whose Entry Posts were taken over by Rebels (See MAP), where, "at least 2 Car Bombs reportedly Explosed on Wednesday in Allepo's main ... Square, and another (3rd) Bomb Exploded a few Hundred meters away, Killing at least 48 People".

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    + According to Syrian sources, more than ...3.500 kg of Explosives (!) and 2 Shells were used in 3 successive Bombings, against People going to their Daily Work, including Students and Pupils heading to Universities and Schools, killing 48 People and injuring more than 221. Damas asked "the International Community" to "condemn" such "Barbaric Terrorist acts", and to "take Measures against the Executors and those who Support" such "Terrorist and Criminal Gangs", .. who are fleeing into Syria".

 

truands_lis__turkai_ft_la_mrd_terrorisme_contre_syria_400

    - Thus, "UNSC reaffirmed that Terrorism .. constitutes one of the most Serious Threats to International Peace and Security", while "acts of Terrorism are Criminal and Unjustifiable, regardless their Motivation, wherever, whenever and by whomsoever committed", expressing its Member Countries' "Determination to Combat All forms of Terrorism, in accordance with its Responsibilities under the UN Charter", but in compliance with "International Human Rights,  Humanitarian, and Refugee Law".
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    + Meanwhile, Ban Ki Moon had been "contacted by Telephone by Turkey's Foreign Minister, A. Davutoglu", and, "in additiion to expressing his Condoleances at the "Tragic Loss of Life", which, "according to Media Reports .. killed several (5) People, including a Child, .. and seriously wounded others, after Mortar Fire from Syria, (where clashes between Armed Rebels and the Country's Authorities were unfolding), hit the town of Akcakale in Turkey's ... Border with Syria", he also "calls on the Syrian Government to Respect fully the Territorial Integrity of its Neighbours, as well as "on All parties, to Reduce Tensions and to forge a Path toward a Peaceful resolution", his spokeman added, reminding that UNO's Head "repeatedly Warned that the .. Militarisation of the confict .. is leading to Tragic Results". That's why,, Ban Ki Moon "encouraged the (Turkish Minister to keep Open all channels of Communication with the Syrian Authorities, with a view of Lessening any tension".


    Already, UNO's Security Council had earlier used the same terms as for the initial, Terrorist multi-Bombing Attack against the Syrian City of Aleppp (Comp. Supra), in order to "condemn" also the subsequent  "Shelling by the Syrian Armed Forces of the (nearby) Turkish Town of Akcakale" , (hit by "a Stray Shell" according to Russian sources, or "from unknown -or unclear- origin", according to other mainstream Media), "which resulted in Deaths of 5 Civilians, all of whom were Women and Children, as well as a number of injuries", expresssing its sincere Condoleances". UNO's SC "called on the Syrian Government too fully Respect the sovereignityt and Territorial Integrity of its Neighbours", (reminding an obviously Basic Principle, concerning also Turkey's notorious policies, vis-a-vis Iraq, Greece, Cyprus, Syria, etc), and "demanded that such Violations of International Law Stop immediately".


    But, despite the fact that, at the same time, UNO's Security Council clearly "called for Restraint", nevertheless, Turkey  repeated its Military Strikes against Syria, this time on the occasion of a mere "stray Shell on a Field" located at the Borderline of the Conflict-striken Syria, (where nobody was injured).

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Meanwhile, CoE's Assembly had voted with a Large Majority, despite the opposal of most Turkish MEPs, to clearly confirm a vibrant Call on Turkey to Stop Hindering the application of the International Geneva Convention on Refugees also to People fleeing Violence from Syria, none of whom can get a Legally Protected Status of Refugee, according to UNHCR Standards, because of Ankara's "regretful" refusal to lift the Exclusion that it currently imposes against all Displaced Persons from Asia, Africa, America, etc., thus abandoning legally Unprotected all People obliged to flee deadly clashes in Syria, provoked by a now "fully-fledged Civil War", as CoE Assembly's Resolution clearly stressed for the 1st time Today.

syeia__alb0000047_400 

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Jagland, an experienced former Prime Minister and Foreign Minister of Norway, is also a long-time President of the World-famous Oslo Committee for the Nobel "Peace Prize",


 i.e. with an obviously delicate Moral Responsibility to be as fair and efficient as possible, as Head of Organizations dedicated to Human Rights and Peace.

 

(../..)

***

(NDLR : "DraftNews", as already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version may be published asap.)

***
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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