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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

Pisac ACM
22. 09. 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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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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