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CoE+UNO anti-Torture bodies' Chiefs to EuroFora: No to Impunity of Torturers even after 15-20 Years!
CoE+UNO anti-Torture bodies' Chiefs to EuroFora: No to Impunity of Torturers even after 15-20 Years!

Prolonged Impunity of Torturers is an unacceptable failure, stressed in substance both CoE and UNO anti-Torture watchdogs' Chiefs, replying to "EuroFora"s questions : the President of the European Committee to prevent Torture (CPT), Mauro Palma, and UNO's Rapporteur on Torture, Manfred Nowak, exceptionaly united together in Strasbourg with pioneer International NGO "Association for the preventionn of Torture", the Swiss-born "APT".

"EuroFora" asked CPT's President to react to the fact that "more than 15 Years earlier (1995), when I was strarting to work as a Journalist in European issues, two of the most important and experiencd CoE's Top Officials on Human Rights (the former long-tiime Director of ECHR's secretariat and CoE's then Director on Human Rights) had already denounced, in a special Press Conference with all Strasbourg's Journalists, the fact that certain State (no need to name it) raised serious concerns at the CoE because it didn't implement many ECHR's judgements which had condemned it for "exceptionally grave violations" of Human Rights, including "Torture and Inhuman or Degrading Treatments, enforced disappearances, killings, etc, without doing any serious Investigation to discover what really happened, find and punish those esponsible...
"But now (2009), more than 15 Years later", various converging sources of information (fex NGOs, EU Parliament, CoE's CM, etc.) andd even Yourself (CPT's Head) still criticize not only continuing but even "aggravating" of reported torture, in the same area !", and a persisting reluctance to respect ECHR's case-law;. What does this mean, in fact ? That, for some States, all CoE's efforts for more than 15 Years were wasted ?"
- "You are right", replied to "EuroFora" CPT's President : - "Impunity (for Torturers) was indeed a Problem on the Table 15 Years ago. And, unfortunately, it still is on the table" even now.. The only change is that, while before we had several States, more or less, several States, while now remain only a fex.
Indeed, as Palma explained, speaking later to interested Strasbourg's Journalists, CPT has "serious concerns about continuing Impunity in cases of Torture in Turkey". This was obviously the State that "EuroFora" did not name in our Question to CPT's President, but which had been strongly denounced explicitly by CoE's Senior Officials already more than 15 Years earlier, for not implementing ECHR's condemnations in cases of exceptionally grave violations of Human Rights, such as killings and enforced disappearances Torture and Inhuman/Degrading treatments, etc...
The only big change, meanwhile, was ...that Turkey had become since 1999 a highly controversial "Candidate" to EU accession, despite these astonishing facts, naturally contrary to EU's famours "Copenhagen" Criteria on Human Rights' respect, and a well known growing Popular reaction from a Majority of EU Citizens, as many Polls and recent Elections in France, Germany, the Netherlands and even the UK, both National and European, proved (See relevant Facts annd Numbers published by"EuroFora" previously).
- But, "Impunity" of Torturers, is not only a continuing violation of Human Rights, but also a Dangerous one, as Mauro Palma strongly denounced : - Because "Impunity sends a Disruptive Message : If you don't deliver the message, in real practice, that that there is "Zero Tolerance" on Torture, then, all other messages are destroyed", he warned.
That's why CPT feels now that the Time has come, after all these Years, to strongly express its "Major Concern" for the "totally Improiper Messages delivered" like this. - "We need a totally differend way" to act, CPT's President stressed.
Now that CPT takes stock of its overall work, after the completion of more than "20 years since" the creation of CoE's anti-Torture watchdog, Palma also replied positively to another "EuroFora" question, on whether CPT could and should investigate also new facts about "old" cases, in which a State was recently found guilty to have lied, when it claimed that it had never taken some People in custody, or that it had let them all free after a brief detention, while, on the contrary, material proof was discoverd that several persons had been, in fact, murdered in cold-blood after being detained by the State concerned, even if it persisted to refuse efficient investigations on what really happened to the victims, obliging their Families to live for many Years, sometimes even Decades, in anxiety and agony about their "Missing" father, husband, brother or son..
Such facts don't show the need to examine also, fex. all relevant Archives of the State concerned (both Prisons' and Detention Centers', but also of the Army, of Hospitals, etc), as a recent 2009 UNO Report on "Enforced Disappearances" asked at nearby Geneva, at the same moment that Associations of Families and Friends of "Missing" People also ask elsewhere in Europe, (fex. after the notorious August 2009 macabre findings on 5 Greek Cypriot POWs who had been photographed while held alive by the Turkish Army, but were later found murdered in cold blood with bullets at their skuls) ? "Wouldn't that be necessary in order also to find out what happened to many more People who had reportedly been also detained by the same State's Army, but became afterwards "Missing" ? "Otherwise, how can CoE know whether existed, or not, also much more "Secret Prisons" than recent Worldwide Scandals disscovered now elsewhere ?", "EuroFora" asked Palma.
- "We (CPT) have a look towards the Future, but, Preventing Torture is also examining situations of the Past", replied Palma.
- That's why, "if there is a formal Complaint", about something serious that "was never searched", then, "you should ask for inclusive Investigations to have also a look in the Past", CPT's President concluded on "EuroFora"s question.
Moreover, "in some cases, you can find at least Indications that an area was a place of Detention" in the past, he added, citing various examples, including a suspicion about a building "in the Tchechen Republic of the Russian Federation", as Palma noted. (Something which, even if it should be investigated, as a matter of general principle, nevertheless, because of Russia's and all Central-Eastern European Countries' much more recent Date of accession to the CoE fex. only since 1996, cannot obviously be compared with a continuing Impunity of grave crimes which persists for more than 15 or 20 Years according to hundreds of ECHR's Judgements, as is, on the contrary, the case for "old" CoE Member States as Turkey, etc. who were theoretically subjected to CoE's checks since the Cold War period of the 1950ies)...
However, it's interesting to knox that both Palma and, afterwards, UNO's Rapporteur on Torture, Professor Nowak, replied positively to "EuroFora"s question if all relevant Archives (of Prisons, of the Military, of Hospitals, etc) should be investigated, (if need be under strict conditions of "Confidentiality", as CPT is used to work), in cases where there are strong factual indications, or even unquestionable proof, that at least some people had been detained and "disappeared", or later found killed, while many other persons, who had also been detained in similar conditions, were later declared "Missing".
Even more, both Palma and Nowak "did not exclude" that CPT might be inspired also by ECHR's case-law on "Missing" persons, (according also to the Latino American cases' legal treatment), which clearly declares thaat the cirme of "Enforced Disappearances" is so grave, affecting the lives not only of the "Missing" persons themselves, but also of their Families, that it is considered as "Continuous" : At least as long as the Truth has not yet been found on what really happeed to those who "disappeared"', and those responsible for their enforced disappearance have not been identified and punished, as the experienced f. Chairman of UNO's wiorking Group on Enforced Disapperances, Professor Corcuera, from nearby Geneva, had already stressed to "EuroFora" earlier.
Palma and Nowak said later to "EuroFora", on the sidelines of CoE's Confernce on Friday evening, expressed their willingness "to examine" whether such cases, as f.ex. that of Cyprus' "Missing" People, might be, on that basis, included, or not, also in investigaions about secret detentions, regardless of whether they took place in the Past or are going on today, since it can help to prevent similar tragedies from happening again in the Future (See above).
- "Perthaps, a practical measure might be for the CPT to stop hesitating to use the only weapon it has in order to be really heard by recalcitrants, and make more often short but sharply critical Public Statements, whenever a State persists in letting Torturers totally Unpunished. Longer and more comprehensive statements could be left for later-on, together with mounting Presssure to publish CPT's Reports, proposed afterwards UNO's Rapporteur on Torture, Professor Manfred Nowak.
Nowak stressed that respect of "Human Dignity", should inspite all serious Human Rights cases, whatever the circumstances might be, from "Missing" persons to Torture, etc. (or even BioEthical issues, where some inhuman or degrading treatments cannot be excluded, despite certain lobby's reluctance to use such "vague" words, as some recently claimed in Streabourg : Comp. previous "EuroFora" publication on CoE's Conference on BioEthics).
But, "on Impunty, we must admit that we failed", denounced UNO's Rapporteur on Torture, the experienced Austrian Professor Manfred Nowak.
- "How do we strengthen Implementation" of anti-Torture standards "is the crucial issue", where "much more needs to be done by the Political players", such as UNO' SC, "CoE's Comittee of Ministers", etc, Nowak denounced;
- "Be credible in the long run, (f.ex. after 20 Years of CPT work), has an enormous importance, stressed Mrs Martine Brunschig Graf, President of APT, "the only" International "Organization specialized against Torture, "whose mandate is not defined by any Government"
- "Credibility is needed not only vis a vis the National Authorities, but also vis a vis the Victilms", she pointed out.
- "<<Institutional>> mecanisms risk to stay "in limbo" ("pending in an empty vacuum"), if they are less, or no more supported by Politicians" at one moment or another, Graf warned.
That's why "People should never be satisfied merely because <<Institutions>> continue to exist", the ASP's President stressed.
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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.
- "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.
- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.
- "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.
- "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
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French EU Presidency faced 4 unexpected Crisis :
- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...
But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
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- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.
- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.
He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".
- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.
It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.
But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...
Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.
And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.
The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.
- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.
"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".
A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.
Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.
Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".
- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :
- On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".
- Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.
However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.
It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.
It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..
- "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".
"France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World". "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.
But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.
"We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.
"I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).
- "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

















