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Home arrow newsitems arrow Croat President Josipovic to EuroFora: All Refugees back, Criminals punished, East-West Economy link

Croat President Josipovic to EuroFora: All Refugees back, Criminals punished, East-West Economy link

Written by ACM
Monday, 21 June 2010

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Front-runner EU candidate Croatia's New President (2010-2014) Prof. Ivo Josipovic, replying to "EuroFora"'s questions, stressed his willingness to fully respect "all" Refugees/IDPs Human Rights, find and punish Criminals responsible for War Crimes, "Missing" persons, etc., so that fulfilling basic EU Accession Conditions is completed asap, while also bringing a key contribution to the whole Region's Stability and  Economic Development : F.ex. by offering its long Sea Coasts, strategically linked with inland River Ports, particularly at Danube and other Rivers, in the run up to the forthcoming 2011 Hungarian EU Chairmanship, which is due to launch a "Danube Strategy", linking the Black Sea to EU's Franco-German a.o. industrial core since the 2001 opening of its Rhine connexion to grand gabarit Ships, and 2007 EU's Enlargment to Bulgaria and Romania, particularly useful for Direct EU Sea-River PanEuropean Highways for Liquefied Gas transport from Asia.

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- "You Highlighted efforts done to complete Refugees' Return, and to clear up individual War Crimes, "Missing" Persons, etc.. Do you think that Croatia could become a good example also for other Countries, to do alike, as a means for Reconciliation and Stable Peace, by ensuring People that Past Human Rights' violations will never happen again in the Future ?", "Eurofora" asked.

 croatia_map

And, as far as Economy is concerned, is there an awareness and political willingness to use f.ex. Liquefied Natural Gas' Sea and River Ship Transport as a contribution of Croatia to European integration ?", we added.


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- "We are fully supporting ALL Refugees to come back to Croatia, (and) there is full support for People to have their Properties back" : This is a basic Political Statement by Croatia", stressed President Josipovic in reply to "EuroFora"'s 1st Question.

- "Croatia is faced with the issue of an important Number of People who are still Ot of their Homes", Josipovic admitted honestly.

- "But I have to stress that we did a quite Significant job : Many People are already in their Homes", the Croatian President observed.

- "And Croatia is fully supporting for ALL Refugees to go back to their Homes", Josipovic strongly reiterated, as a matter of Principle. (Something which is notoriously rejected, on the contrary, in the case of Turkey's controversial EU bid, mainly vis a vis more than 190.000 Greek Cypriot Displaced People, from whom, practically noone hasn't yet been allowed to return Home, even after some 25 Years of Legal struggles in Strasbourg and a many ECHR Judgements, which have notoriously recognized Refugees/Displaced persons Human Rights to find Restoration or Fair Compensation for their usurpated Homes and/or private Properties, and freely Return at their Ancestral Land, which has inspired even the UN, fex. in the famous "Pinheiro Principles").     

    - "Of course, this not only a matter of will : It's (also) a matter of Economical Development, because you cannot live from Houses alone,.... and Refugees, when they return, must find a proper Job and proper living conditions. It's not easy to fullfil all these requirements, particularly in Rural areas", he went on to explain, on how things really go in practice.

    - In fact, we must "help all the (Refugees/Displaced) People to have Sustainable Return back to their Homes. It's very important, because, if you just bring People back without the proper conditions, then, you create another problem", he pointed out.

    - "So, we are Now building a New Process, in Negotiation with the Neighbouring  Countries (i.e. mainly Serbia), on how to" do so, President Josipovic added, observing that, this bilateral cooperation on such an Humanitarian issue as organizing a proper Refugee's Return is something which is "expected" to be practiced "also by other neighbouring States".


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    - Even "my (own) Life and Professional career are based on (a) Firm Human Conviction.. for the Full Respect of Human Rights .. : I Believe that such Values cannot be Measured, or have a Price", Josipovic also said, referring to his personal work as Jurist, Lawyer, Expert and Professor of International Law, including by action "through Civil Society", as well as in relation to International Courts.
   
    - In this framework, after the "Serious Consequences of War and War Destruction" provoked, back in the 1990ies accross the former Yugoslavia's area, " a number of Individual Crimes were committed, against Persons belonging to other Ethnic Groups, .. or People upholding Differend Worldview and Opinions", Croatia's President clearly acknowledged. But "we are implementing a Policy of Zero Tolerance towards all persons who have committed Crimes, and we believe that the Punishment of Crime is an integral part of the (Democratic) Transformation" of Croatia and its surrounding region. "Croatian Citizens suspected of War Crimes are tried", he promissed earlier at the CoE, as a matter of General Principle.

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- Even if "the process is not over yet", since, "some of these Trials, and those concerning Ethnic Croats suspected of having committed Crimes during the War as members of paramilitary units, are of Sensitive nature", as he observed speaking at CoE's Parliamentary Assembly, nevertheless, "such proceedings must be pursued, on the Basis of Universal Legal Principles and in the spirit of Human Rights Standards prscribed by (CoE's PanEuropean) Conventions", President Josipovic underlined, as well as because "such Human Rights .. and Justice ... Criteria (are) being followed very closely" by the EU "within the scope of (EU) Accession Negotiations", he reminded. Something that, on the contrary, Turkey's controversial EU bid, despite many Hundreds of Millions € already spend each year since 1999-2001 and 2004, didn't yet manage to motivate Ankara's Authorities not even to find and punish at least one (1) among those Reponsible for the Enforced Disapperance of more than 1.500 Greek Cypriots since the 1974 Turkish Military Invasion and Occupation of part of Cyprus, including Civilians, Womean, Children, and/or desarmed War Prisoners, (etc), some of which were notoriously Photographed taken alive as prisoners by Ankara's Army, but recently (2009) found Murdered in Cold Blood, with Bullets fired at their Heads from close range, without any efficient Investigation ever done by Turkey, which was repeatedly condemned by ECHR on several cases of non-elucidated yet "Missing" persons dramatic cases in Cyprus, resulting in severl ECHR Judgements between 2001 and 2008, which have not yet been implemented, (obviously giving a "Bad Example" to the Balkans, Caucasus, etc)..

 - But, for the Croatian President, "It's a Necessity... to Clarify Crimes committed in the War, and bring them back to where they belong : (I.e.) to the Sphere of Individual Perpetrators of Offenses, and Outside of the Impermissible Sphere of Collective Guilt", as he observed. Because, "No People in conflict ... is Guilty : It is the Individuals, demonstrable Perpetrators of Crimes that are Guilty, and they must be Punished for it", as he told CoE.
   
    Advancing further towards this direction, Croatia aims to give now "a Clear Message and Commitment .. to the Completion of the process of Transformation", because "Croatia wants to be a consolidated Democracy in which Values such as Demoracy, Human Rights, Freedom and Justice are promoted and Fully Respected". I want to "stress that Croatia is fully commited to European standards and hope that Croatia will soon become Member of the EU". President Josipovic anounced from the outset.


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CoE's Secretary General Jagland : Croatia is in the RIGHT TRACK
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- "Recognition of our Reconciliatory efforts in the Region", and "support for our EU Membership", "is important for Croatia". "I hope that this "waiting room" will soon become our permanent place" and Croatia will be full Member of CoE and EU". "I'm convinced that Croatia will fullfil all European Standards, and in particular on Human Rights", added later Josipovic, after meeting with CoE's Secretary General Thornbjorn Jagland.

- "All things are on the Right Track, and, of course, we welcome very much Croatia's Accession prospects in the EU, based on European Standards", stressed CoE's new Chief Jagland, after meeting with Josipovic.  "Croatia has prepared itself in a very beautiful way, and this "waiting room" was, in fact, beneficial" to the country. "Croatia is a very Good and active CoE Member State : We have no Unresolved issues. We can make progress in a couple of issues, but we are in a very good Dialogue.. (And) I commented the (Croatian) President's efforts for Reconciliation in the Region, .. (fex. on Bosnia Herzegovina, etc)", concluded Jagland.

Questioned by another Journalist about "where do you think that Croatia should push its efforts ?", Jagland said that "there is a couple of (CoE's) Conventions that we'd like to see ratified. But this is the case for most of CoE's Member States, among which not all Conventions have been ratified. So, I have put emphasis on Croatia's contribution for Reconciliation, particularly at the Region", CoE's Secretary General concluded.
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All this fits well with Josipovic's long-time job as Professor for Criminal procedure and International Crime law , acting as a Lawyer before the International Court of Justice (ICJ), and as a CoE's Expert in checking Prisons' situation, f.ex.  in Ukraine and Azerbaijan.

 Brillantly elected with more than 60% of Votes on February 2010 against another Socialist candidate, Josipovic, has the same 1st Name  : "Ivo" as his famous compatriot, long-time former Prime Minister  Ivo Sanader, (See Sanader's earlier statements to "EuroFora", partly published here, in previous NewsReports), who guided the country from 2003 to 2009, succeeding to start Accession Negotiations with the EU in 2004, to "decouple from Turkey""s controversial EU bid (as he had said in Strasbourg) and to overtake it since 2006-2007, enter NATO in 2009 at Strasbourg's 60th Anniversary Summit, as well as to start receiving EU promisses (from 2008) for a possible 2010 EU Accession (including by EU Parliament's Resolutions voted in Strasbourg), before Croatia's EU course was threatened by political conditions raised by socialist Slovenian Government from the end of 2008, after which he was  suddenly and unexpectedly obliged to resign for unknown reasons on July 2009, replaced by other politicians in his party, who failed to pursue his legacy.
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- "Concerning Economic Questions, including the Energy sector that You mentioned, (i.e. NLG)", Croatia's President went on to say in his 2nd Reply to "EuroFora"'s 2nd Question (See supra), "of course, Croatia has a very Good (GeoPolitical) Position" :

 - " It's, somehow, a unique Crossing point and Transition from East to West", President Josipovic underlined, making  an obvious reference  to "EuroFora"'s observation on the Sea and River Ship Transport Potential of the Country for PanEuropean New, Strategic Links. 

    - "We have excellently placed (Sea + River) Harbours, we have a good position to be a place from (which) and to (which) Commercial Enterprises will keep (Move, Ship) their Goods and start a Trade between the East and the West. It's a very good position that Croatia is going to offer", together with "our good services, both to People from the East and from the West, in the Future", i.e. when it would become "EU's 28th Member State", possibly before 2012, he concluded.
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  Josipovic, who is also known for his Music composition work, (and had reportedly promised to compose an opera on John Lennon's non-eludated murder if he was elected), Symbolically came to Strasbourg when France was celebrating the Annual "Music Feast" day,.

.... including in the "Rhine's Palace", at Republic Square, Headquarters of the Rhine River Ship Navigation International Committee, (which develops recently natural links with the Budapest-based Danube Navigation international committee : Comp. supra).

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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

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      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
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ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
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    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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