newsitems CoE AntiTorture Watchdog CPT Member Prof. Kalmthout to Eurofora on New Issues: People in Social Care
CoE AntiTorture Watchdog CPT Member Prof. Kalmthout to Eurofora on New Issues: People in Social Care
*Strasbourg./CoE/Angelo Marcopolo/- Experienced, Long-Time Member of CoE's Anti-Torture Watchdog "CPT", (i.e. the PanEuropean Committee to Prevent Torture"), Anton Van Kalmthout, who has worked in that field for "11 Years" in Strasbourg, a University Professor of Penal Law in the Netherlands, the current EU Presidency holders, speaking to "Eurofora", explained what he meant when he denounced a "New Issue" in the Struggle against Inhuman/Degrading Treatments, in his Earlier intervention as a Keynote Speaker at CoE's Conference, co-organized with Religious Officials from Catholic and other Christian Denominations, as well as a Group of Muslims, on "Radicalisation in Prisons" :
- "A New Issue for CPT", (which has been established by the CoE for "more than 27 Years" now, i.e. after an Anti-Torture Treaty signed back on 1987), concerns "People in Social Care Homes", he had pointed out.
- Because, "Many such Social Care Homes, are, in fact, Worse than Prisons !", Professor Kalmthout warned.
- Currently, the CPT is Preparing a set of "Guidelines", because there aren't yet any, in these cases, in order to "Safeguard" those People's Human Rights against eventual Torture or Inhuman/Degrading Treatments, he told "Eurofora".
- "This kind of things" can concern f.ex. People suspected to suffer, more or less, from "Dementia", as also various other things : - "There are Different Situations", about "Old or Young People" : F. ex., " It can be for Pysical reasons : they can be Disabled People". Also, "in the Past" some places concerned very "Poor People, and this still exists", particularly "for Children", etc. .
+ Sometimes, as long as it is Not possible to Live at Home, and there is No Special Institution (for some People), they put them even in Prisons".. . But "it might be also People kept in Hospitals, for a too Long Time, because they don't have where to go" afterwards, he added. In several cases, it may also be Parents who wish to "Get Rid" of some Elder People, that push them to be kept in some kind of Social Care, he denounced.
->>> - So, "there are Many Institutions, where you have to keep People who canNot Live Alone at Home", he clearly stressed from the outset.
- In Most of them, "in Theory, these People are Free, they are Not Detained by force. But, in fact, there are Situations in which People are "De Facto" detained". Professor Kalmthout denounced.
= > And, then, it's Our (CPT's) Mandate" to check the Conditions in which they are kept, in order to prevent any eventual inhuman/degrading treatments, (as in formal Prisons and Detention Centers), he concluded.
CoE's Parliamentary Assembly, chaired by its New President, Pedro Agramunto, former Chairman of its Biggest Group of MEPs : that of ChristianDemocrats/EPP, adopted recently in Strasbourg a Resolution against "Involuntary Measures in Psychiatry", unless there is unquestionable Proof that, otherwise, they are a real Danger for Society and/or for themselves. Both for Human Rights' reasons, given various Risks of Abuses, and because Nobody can't forget that, f.ex., in the former USSR and elsewhere, some Authoritarian Regimes exploited that in order to "Silence Dissidents' Voice", as CoE's Rapporteur, Ms Magradze from Georgia stressed
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- CPT has been often Criticised, because "we are Only a "Soft Law"" instrument of the CoE, since we "can't take Sanctions", the Experienced CPT's Long-time Member acknowledged earlier.
- Thus, CPT's efficiency is "still Hindered" mainly by "the Problem of Impunity" of perpetrators, "as long as States doN't take Action". In fact, "Article 3" of the PanEuropean Convention on Humùan Rights, which Prohibits Torture and Inhuman/Degrading Treatments in all cases, "is Too Often Neglected by those who should take Action", he criticized.
- "But, even "Soft"", CPT's Rules "it is Law, and it has to be taken into account", he stressed.
=> F.ex., "Often, Lawyers refer to Article 3" and CPT's Findings, in their applications to National Courts and even at the ECHR.
+ Moreover, "we (CPT) have a Weapon", which consists into "Making a Public Statement", whenever a CoE's Member State repeatedly doesN't respect its Obligations in this regard. "It's a Real and Important Weapon, which has Proved to be quite Effective", in practice.
++ Last, but no least, "Impunity" of perpetrators "will revive Problems" : F.ex., "a Prisoner will become Ready to be Radicalised" and Manipulated by Extremists. Because, in general, "if you Want to Stimulate Radicalisation" in Prisons, then, "Act Inhuman !", Professor Kalmthout Warned in Conclusion.
However, by a Coincidence, this Same Day, a Father was Protesting, at the entrance of the ECHR, against the Placement of his Children to Social Care, in view of an Adoption by Other People : - "Our Children are Crying". They "Need their Parents"; "Give back our Children : They are Not for Adoption read Placards posted in front of EuroJudges' Building in Strasbourg, reminding anOther recentlty "Hot" Issue of "People kept at Social Care", among Various, often Dramatic cases, evoked by CPT's experienced Member...
(../..)
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("DraftNews", as already send to "Eurofora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).
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The recent paradox of freezing EU Talks with front-runner Croatia, while continuing controversial EU - Turkey talks, despite Zagreb's acceptance of Refugees' Human Rights to return, that Ankara refuses fex. in Cyprus, while both have "Good Neighborhood" problems vis a vis Slovenia, or Greece, Cyprus and Armenia respectively, can it be justified by the non-fullfilment of EU criteria, as Slovenia says, or, is it "Double Standards" ?
The question became unavoidable after statements by Presidents of Slovenia and Croatia, Tuerk and Mesic, respectively, to "EuroFora", exclusively or among Strasbourg's journalists this week at the CoE, on the sidelines of its 2009 Summer University for Political Schools, which topically brought them together as successive key-note speakers.
Comming only a few Months before EU checks Turkey's compliance to its commitments on Cyprus, etc., scheduled for December 2009, this obviously has a special importance for the coherence of EU Enlargement's principles.
Suspension of EU Negotiations is a normal consequence in case of a Candidate Country's failure to fullfil EU Conditions, such as "Good Neighborhood relations", stressed at first Slovenian President Danilo Tuerk, current CoE's chair.
But, regarding EU's Criteria, there shouldn't be any "Double Standards", reacted Croatian President Stjepan Mesic, commenting the fact that Turkey's controversial EU negotiations continue, while they were recently "freezed" in the case of Croatia, an "unquestionably European Country", which oficially accepts to respect Refugees Human Rights, contrary to Ankara's notorious refusals or reluctance.
Questioned earlier what "consequences on EU's Enlargement policy" can have the "Ban on EU Membership Negotiations", imposed to Croatia, Tuerk replied that "this question comes down to the fulfillement of (EU) Criteria for membership. One has to look at each Candidate Country ., from the point of view whether it fullfils the Criteria that EU has set. One of them are Good Neighborhood Relations, I'd like to remind. And also, there are other factors, such as Justice, Home affairs, Rule of Law, and others".
- "Now, ..Candidate Countries are at Different Levels of fulfillement of Criteria", he observed.
- " Croatia is obviously the closest to that. I'm rather optimistic : I think that in the coming Months we'll have an opportunity to look at all these issues constructively and hopefully we'll be able to make progress". "My main concern, at this point, is the situation in Bosnia : We haven't seen enough progres domesticaly. We haven't seen enough during ..political parties within their country.We need a New Energy, a new energetic move towards the Candidature for EU membership. "Other (Western Balkan) Countries (Serbia, Montenegro, FYROM, Albania) have been making soaring Progress, and I think that they should be ready, in a few Years, for the Candidate status".
- "As far as the Western Balkans are concerned, .. nobody should be left outside" the EU, Slovenian's President concluded, ommitting to mention Turkey's controversial EU bid.
- "This process may be seen as Slow, but.. Slovenia has also has also been exposed to various "Booms of Slowness" in our accession period. But now we can say that the process was relatively quick, because changes which occur after becoming EU member, are quite large, and they require proper Preparations before the (EU) membership becomes a new factor, an impacting line for a new (EU) member country".
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EU "Solidarity" ?
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Slovenian statements made some participants from certain 3rd Countries as FYROM, etc. claim that "the Principle of EU Solidarity" would "produce a.. rising European Union Nationalism (sic !), against Non-EU Countries", as they said, asking unhappy foreign countries to form a "bloc" to exert pressure on the EU...
But Croatian President Stjepan Mesic dismissed that, supporting "EU Integration", "after the Economy also in Political" issues, as "the achievement" of our times. In EU there is "diversity, but it's United", he stressed, "EU has to be United so that it can become a central factor of Peace" also at the surrounding areas, he replied.
Speaking later exclusively to "EuroFora", the experienced twice President of Croatia, former President of the International "Non-Aligned" movement, denounced "Double Standards" in the way EU treats recently Croatia compared to Turkey :
- "I think that there shouldn't be Double Standards", stressed the Croatian President, in reply to a Question comparing the freeze of EU - Croatia talks, with the continuation of EU - Turkey talks, despite the fact that Croatia is an "unquestionably European country", while Turkey's EU bid is notoriously controversial.
Mesic was reacting to the observation that, even if he confirmed his "respect of Refugees' Human Rights to return, etc. (See infra), nevertheless, EU talks are suspended with Croatia.. While for oher, controversial candidates, who refuse to respect Refugees' Rights to return, etc., as fex. Turkey does in occupied Cyprus and elsewhere, EU negotiations continue".
- "I believe that Croatia's accession will confirm that all European Countries who fulfill all of the Conditions and achieve European Standards, have to join the EU. There shouldn't be any Double Standards", went on to add in reply President Mesic.
In this relation, Croatia's President found "of paramount importance", CoE's "mechanisms enforcing ECHR's judgements"
- "On Refugees and Displaced persons, the process will be completed only after the last person demanding to return will be allowed to do so !", President Mesic Croatia stressed earlier, setting a general standard of obvious importance also for otherr candidates, as f.ex. Turkey, often accused to exclude or heavily restrict Greek Cypriot Displaced persons' return to their Family Homes and ancestral land, provoke difficulties to Turkish-Kurd IDPs return to their home regions at the South-East, etc.
Some "2.000 People are still reported Missing" in former Yugoslavia, for some Years, (as in Cyprus, modern Europe's oldest case, for 3 Decades. Nagorno-Karabach, Tcecnya in Russia, etc, more recently), and Investigations "will only be completed after establishing the fate of the last one of them", he added.
Speaking earlier on "War Crimes", President Mesic stressed that "Leaders are responsible for (the) Wars (of the Past), not the People", and called against Impunity : "Individuals have to be held Responsible for Crimes. International Penal Tribunals have to persecute those individuals", perpetrators of War Crimes, he underlined.
Such statements naturally made Mesic rather popular at ECHR, whose President, French EuroJudge, Professor Jean-Paul Costa, looked particularly smiling when he welcomed him later on Wednesday afternoon, after Slovenian President Daniko Tuerk earlier this week.