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Home arrow newsitems arrow CoE asks Turkey for Content of Effective Investigation+Tangible Result on Cyprus MISSING People Fast

CoE asks Turkey for Content of Effective Investigation+Tangible Result on Cyprus MISSING People Fast

Written by ACM
vendredi, 22 septembre 2017
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*Strasbourg/Angelo Marcopolo/-
In an Important Decision taken by CoE's Top Political Body, its Committee of Ministers, the PanEuropean Organisation for Human Rights, Democracy and Rule of Law clearly urged Turkey to show the "Content" of "Effective Investigations", and "Tangible Results", on Cyprus' "Missing" People, as well as "Firmly" asked anew Ankara to Pay, at last, to Victims' Families the "Just Satisfaction Awarded by the European Court", Droping Pretexts to Drag its feet even Further since the 1974 Turkish Military Invasion and Occupation of the Northern Part of Cyprus, and/or Cover up Crimes with Total Impunity still on 2017, (See, f.ex.:
http://www.eurofora.net/newsflashes/news/turkeyhidescontentofinvestigationonmissingcypriotsdestroysproof.html ).

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The move was made during CoE Ministers' Session due to Supervise ECHR Judgements' Respect by its 47 Member States (19-21 September 2017), which was Chaired by the experienced Permanent Representative/Ambassador Arnold de Fine Skibsted, from Denmark, vice-President of the CoE, and soon due to take over CoE's  Full Presidency from November 2017 up to May 2018, included.

 

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CoE also Decided to Review anew Turkey's compliance with ECHR Judgements, (which have already Condemned Ankara several times on Cyprus' "Missing" Persons, since 2001, 2010, 2014, etc., after its First relevant damning Findings as early as since 1992, etc), at one of its Next Meetings in Strasbourg, on June 2018 : I.e. under the Presidency of Finland or France, (which has a Traditional Lead for International Protection against Enforced Disappearances, f.ex. since the confection of UNO's New and Stronger relevant Convention, back on 2006 under former President Jacques Chirac, which Entered into Force on 2010 under former President Nicolas Sarkozy, and is already supported by almost 100 Countries accross the World).


+ Meanwhile, just in a Few Hours' difference, at New York, Cyprus' President Nicos Anastassiades, Speaking at UNO's General Assembly, reminded the fact that, "since 1974 more than a Thousand Greek Cypriots are still Missing", after Ankara's Military Invasion and Occupation of the Northern Part of the Island.


>>> But, an eventual "Progress to the Humanitarian Issue of the Missing Persons" in the foreseeable Future, could become one among the key "Game Changers in Creating a Climate conductive to Resuming Negotiations", under UNO's Aspices, for a Peacefull ReUnification of Cyprus, "with the Aim of reaching a Comprehensive Settlement", President Anastassiades declared, as Also, f.ex., anOther Key Human Rights Issue, that of "the Return and Resettlement" of Greek Cypriot Refugees, at least to "Varosha" (Famagusta), by "its Rightful and Lawful Inhabitants", (etc), as "Mutually Agreed <<Confidence Building Measures>>, which are in line with the UN Security Council Resolutions and the UN Secretary General's Reports".


-  On this occasion, Anastassiades also "Urge(d) All Countries which Might hold Information" relevant to Cyprus' "Missing" Persons, "to Open their Archives, in order to Support our Efforts to giving an End to this Tragic aspect of the Cyprus' Problem".


Soon Afterwards,  UNO's Committee on Missing Persons (CMP) of Cyprus, with all its 3 permanent Members, reportedly decided to Exceptionally visit London, for Meetings with UK Government Officials about Access to Archives which May contain useful on that Tragedy. For that purpose, several CMP Meetings at UK's Defense and Foreign Ministries, the British Army's Joint Staff and its National Archives, MPs, as well as Greek-Cypriot and Turkish Cypriot NGOs on "Missing" People, were organized, given also Great Britain's 2 Big Military Bases, still existing at the Island.


The Latest UN sponsored Multilateral Conference for a Solution on Cyprus' overall Issue, faced Recently a Deadlock, at nearby Switzerland, particularly because Turkey Refused to Withdraw its Invasion/Occupation Troops when an eventual Deal would Enter into Force, and Insisted to Claim for Unilateral Military Interventions even in the Future.


- But Anastassiades declared Now his "Readiness" to "Resume Negotiations, in accordance with (UN SG's Draft) framework and always in line with the relevant UN Resolutions", for an Agreement on Cyprus' ReUnification, through "a New Conference", which "Should be thorough(ly) and solid(ly) Prepared", with "a Strong Will and Determination by All", in order "to Ensure" that it "Will Leadd to a Positive Outcome".


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However, the Decision taken Today on Cyprus' "Missing" People by CoE's Committee of Ministers, does Not impose, yet, any concrete Sanction on Turkey, Despite of all its Refusals, Delays, Diversions, etc, During too Many Years, all the way through, since a now remote Past, (See, f.ex.: http://www.eurofora.net/newsflashes/news/turkeyhidescontentofinvestigationonmissingcypriotsdestroysproof.html ), and Not Even after Ankara's Latest Claims, this Week in Strasbourg, to ... "Close" several Files on Cyprus "Missing" Persons, even if its Controversial "Investigations" did Not yet produce Any Result, including also on "one among the Most Serious Crimes", as Turkish Authorities just revealed.


According to ECHR's Notes, Many among the Greek-Cypriots gone "Missing" were Seen Alive by Eye-Witnesses and/or even Photographed as "Prisoners" of Turkey's Soldiers, in Vilages controlled by Turkish Troops, Entering a Turkish Military Vehicle, some Tranfered by Ship to Prisons of Anatolia inside Turkey, or in Houses of some Turkish Cypriots, (etc).

From 2006-2009 and Later-on, CMP's official Findings on the Victims' Remains, note an Impressive Number of Cases where Deaths seems to have been provoked by mainly 1, rarely 2 "Bullet" Shot(s) Fired "to the Head", (sometimes Obviously "from Close Range"), i.e. as in Cold-Blood Executions.

Several Victims' remains also bear Traces of what might be Torture, Amputations, etc., such as, f.ex. "Hands Missing", Wounds by "a Pointing Cutting Instrument", Decapitation, Dislocated Bones, etc.
Some Remains were found Hidden (f.ex. "in a Mass Grave in a Well"), and/or in Areas Located Far Away from there where the Victims were Last Seen, Many Remains had been obviously Re-Located, (See Infra).
Many Victims were Captured Soldiers on 1974, i.e. Prisoners of War ("POW"s), but also various Civilian people, including Elders, even Women and Children.


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CoE's 9/2017 main Decisions :
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=> The Main Points of CoE's Decisions taken this week, on Turkey's Obligation to Implement ECHR's Judgements which have Condemned Ankara on Many (Bith Inter-State and Individual) Cases of Greek Cypriot "Missing" People, are the Following :


(1) Agreeing with "Eurofora"s main Critical observation, published Earlier, about a Surprizing Absence of any concrete Content of the Investigations allegedly carried by Turkey, and Rejecting Ankara's opposite Claims, send at the Last Minute, (See: http://www.eurofora.net/newsflashes/news/turkeyhidescontentofinvestigationonmissingcypriotsdestroysproof.html ), CoE's Top Political Body, its Committee of Ministers clearly Asks Now "the Turkish Authorities" to give, precisely, "Information on the CONTENT OF ...the INVESTIGATIONS"


And CoE Reminds that it's Not  the 1st Time that it has to do so...



(2) Moreover, CoE also Asks Turkey to "Keep" Strasbourg's Organisation "INFORMed", Not only about those Investigations which were "Finalised so far",  But Also "OF THE PROGRESS in ... Investigations" still Pending.



(3) Concerning the Timing of the on-going Investigations, CoE asks from Turkey a "RAPID Finalisation".


CoE also "Underlined the URGENCY", ("due to the Passage of Time" from 1974 until 2017), "for the Turkish Athorities" to act according to its instructions in this matter.



(4) The most Important, (Significantly underlined by the CoE from the outset, already at the 1st § of its Decision), naturally is for Turkey to "provide ...All Necessary Assistance" in order to "Achieve TANGIBLE RESULTS, as Quickly as possible".



(5) For that purpose, f.ex., CoE Accepts most of Cyprus Government's motivated demand for "the Turkish Authorities to give UNHINDERED ACCESS TO ALL possible MILITARY ZONES, Located in the Nothern Part of Cyprus", as the Final Decision asks.


Indeed, Nicosia had Denounced the Fact that, After Refusing such Access to UNO's CMP during a Long Time, Ankara "Only Recently proceeded to Partially and Hesitantly" to do so, "after intensive pressure". But, even "Nowadays, Despite Appearances and Allegations to the contrary", in fact, "Access to Military Zones is a Daily Struggle for CMP, and is Closely and Unduly Monitored by representatives of Turkish troops". While, "a Substantial part" of the Occupied Territories of Cyprus, "under the effective Control of Turkish troops, is Designated as Military Zones, and Access to them, as well as to Adjacent Areas, was for Decades Prohibited". So that, Nowadays, Turkey's Plan to provide Access in Some Military Zones, "within the Next 2 Years" (sic !) "is Neither Sufficient, nor convincing", Cyprus' Government had Warned, proposing to ask Turkey for "Immediate and UnHindered Access to All Military Zones Today".



(6) Last, but Not Least, CoE's Committee of Ministers concludes by "Insisting ... Firmly on the UnConditional Obigation to PAY the Just Satisfaction, awarded by the European Court" to the Victims, withOut (more) Delay".


CoE was, indeed, Obliged to do so "Again", as it Reminds, because Turkey, for Years, has Not yet Paid Anything out from the "30 Millions €" that ECHR's Judgement "Awarded as Non-Pecuniary Damage Suffered by the Surviving (Family) Relatives of the "Missing" Persons", at the Inter-State Case of "Cyprus v. Turkey", back on "May 2014", (concerning ECHR's Main Judgement's Findings in that affair, since 2001), as Nicosia denounced.


-"Turkey's persistent Refusal to Comply", is "a Flagrant Display of its overall Dismissive attitude", and "Undermines the Credibility" of ECHR, putting also "in Question the viability of the System of the Protection of Human Rights", Cyprus had Criticized.


+ Moreover, Ankara's Authorities persist in a similarly Negative stance also in the Individual Complaints, as that Lodged by the Families of 9 "Missing" Greek Cypriots in the "Varnava" case, in which ECHR has strongly Condemned Turkey wih a Judgement issued as early as, already since 2010...


 - "There is No ... Information to report, at this stage, with regard to the Payment of Just Satisfaction", not even to "Varnava" affair Victims' Families, merely says Turkey ... Seven Years Later, on 2017, (continuing with other various allegations against Cyprus' Government, but ...Forgetting the Families of those 9 "Missing" Greek Cypriots, for whose Fate ECHR judged Ankara responsible).


 - As for the due "Criminal Investigation" on "Varnava" himself, it "is (still) on-going", Turkey said, 7 Years after ECHR's Judgement...


However, CoE's Highest Political Body, its 47 Member States-strong Ministerial Committee, went on, Today, to take, also Specific Decisions on "Varnava" case, concerning 9 "Individual" Persons gone "Missing" :


- CoE reiterated, in absolutely Identical terms, also here, the Crystal-Clear Call that it has taken on the Inter-State Case (Comp. Supra), about "Firmly" asking Turkey to Comply with its "UnConditional" Obligation to Pay to the Victims' Families the "Just Satisfaction Awarded by the European Court", which, in these Individual Applications is, all in all, 27.000 € only "for Costs and Expenses", (plus the Legal Interest rates for 7 Years of Turkey's persisting Refusal to abide : 2010-2017).


=> In Both Cases, Turkey's persisting Refusal to Pay the Just Satisfaction awarded by ECHR will be Checked by the CoE anew, in just 2 Months Time, at its Committee of Ministers Next Session for Human Rights, on "December 2017".


+ At the Same Date, CoE decided now to Review also Turkey's parallel persisting Refusal to Pay the Compensations awarded by ECHR to a Group of Greek Cyriot Refugees/Displaced persons, who are still Hindered by the Turkish Army to Return Back and/or Access their Family Homes and/or Private Properties located in the Territories of Cyprus Occupied by Ankara's Foreign Invasion/Occupation Army, nonobstant ECHR's Judgements in the "Xenidi-Arestis" Group of cases.


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++ And CoE's Ministerial Committee also went on to explicitly "Call on the Turkish Authorities" to Ensure the Effectiveness of ... Investigatios, and their Rapid Finalisation", as well as to "Inform" the CoE "of the Progress in these Investigations", Pointing "in Particular (to) that concerning Andreas Varnava".


Varnava had been seen, by EyeWItnesses, Alive as a Prisoner transferred by the Turkish Military to a Jail in "Adana", at mainland Turkey's Anatolia plateau. Since then, his Body has Not yet been Found anywhere by UNO's CMP searches, (Contrary to Others, who were Arrested at the Same Time), and both his Fate and Whereabouts still remain Unknown...

 

 

(../..)

 

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***

 

("DraftNews", as already send to "Eurofora" Subscribers/Donors, earlier. A more accurate, full Final Version might be published asap). 

 

*** 
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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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