

Professor Cutajar to EF on US Jan 6 Protest: A 3rd Chamber for Dialogue with People before Deciding?

*Strasbourg/Angelo Marcopolo/(PARTLY UPDATED)- Was an Historic Chance for Democracy Missed on Jan. 6 ? Replying to an "Eurofora"s Question at a Press-VideoConference just 1,5 Day After the Jan. 6, 2021 Massive Popular Demonstrations of More than a Million at Wash. DC (to Back a Senators' Demand for Bi-Partisan Enquiry on alleged Fraud/Irregularities in Nov. 3, 2020 US Presidential Vote), During which 4 Citizens were Killed (incl. 2 Women, Shot Down by Police Gun or Crashed), Followed Later by 1 Policeman Dead by UnClear Cause, and 2 Suicides (1 Protestor +1 Policeman), Hundreds of Dissidents Persecuted and Jailed Nationwide, while 25.000 Heavily Armed Soldiers entered the Capital (under Curfew) to Keep People Away, French University Professor in Public Law, Chantal Cutajar, stressed that, Nowadays, Events show that it's even "a 3rd Chamber" for "Citizens' Participation" in Key Public Decisions affecting their Lives and/or Society at large, according to Our wider Project, should have been Created at US Capitol's Huge Grounds and Buildings, n order to "Peacefully" seek a "Constructive" Solution, in line with Modern Participatory Democracy Values, which have Become Necessary by Recent Changes Worldwide.


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Instead of "Police" Gun Fire Killing Brutaly a Woman Demonstrator, unarmed AirForce Security Vet., Suicides of a respectable Bank Manager, Head of Family, accused of "Mob Riot", the Same Day as also a sympathetic Capitol's Policeman at his Home, among Suspicions and "WitchHunt" against Law-Enforcement Staff Suspected of Letting US Citizens enter the Congress of their Elected Representatives, (while 3 Policemen were Immediately Fired), a Young Woman "Crashed to Death" after Security Agents' Clashes with Clubs, Shields, Tear Gas, Flash-Balls, Grenades, etc., against the People, 2 Middle-Age Demonstrators curiously Dead from Heart Attacks or "Strokes", and a 3rd, "Pro-Trump" Policeman, suddenly found "Collapsed" at his Office the Next Evening, amidst Contradicting Versions of another "Stroke", or, Othewise, of "not surviving at (some undetermined) Wounds", Curiously withOut receaving Any Previous Medical Help or Examination during 2 Days, (etc.: See ...),
while an UnPrecedented Mass-Oppression was also Launched, Nationwide, Hunting down and Arresting Hundreds of US Citizens, (But : Curiously, Not of Infiltrated "Leftist" AntiFa Provocators, as f.ex. Sullivan, the Most Suspect, who was a Rare Exception to Escape Arrest !), Accused to have Walked in the Gardens, and/or the Spectacular Outer Staircase and Terrasses, if not in the Corridors and Halls of the Superb "Capitol" Building of their Representatives, (Build with Marble from Neighbouring Vermont State, Famous for its "Direct Democracy" Institutions and Base of Popular Independent and Atypical US Presidential Candidate Bernie Sanders), Notoriously invited by US President Trump at a more than 1 Million People Washington DC Demonstration of Jan. 6, 2021, Nearby, to Support Constitutional Debates Contesting the Representivity of Formal "Electors" oand an Official Demand, lodged by Senators and Reps., for a Bi-Partisan Investigation, Chaired by USA Supreme Court President, in order to Debate Seriously the Facts and Arguments about the Big Controversy on alleged Fraud/Gross Irregularities at the Nov. 3, 2020 US Presidential Election, (Never Examined Seriously Yet, by Any Court until now, on the Substance of its Merits), at least during the 10 or 14 Next Days which Remained until the Formal "Inauguration" of an US President for the period of 2021-2025, scheduled for Jan. 20,
grossly Slandering them by Claims to be a "Mob" making a "Violent" "Riot" to "Attack" the US Congress, and "OverTurn", by "Force" of a "Putch" (sic !), Biden's alleged "Election", facing an "Assault against Democracy", that some Apparently consider UnQuestionable, Despite Many State "Courts" Ruling "accross Partisan lines", (and Not based on Law, as Even OSCE's Preliminary Report already Denounced), so that FBI could Make Public Protestors' Photos, Names, Jobs, Family Addresses, and Other Private Data, Call for "Witnesses" to slyly "Knail" them, Routinely Accuse them to "UnLafully enter" the Garden etc. (Most of them), and/or the Public "Building" of their Representtives (Only for a Few among them, Briefly, Before being Thrown Out by Force : "Sticks" and "Guns", "Flash-Grenades", etc), Even for ..."Waving Flags" (sic !), and/or so-called "DesOrderly Behavior" (f.ex. a Lady Exhibiting a Placard for "Children's Rights", a Doctor calling for "Medical Democracy" and "HCQ", etc), finding a Pretext to "Arrest" and "Charge" them, Threatening Long "Prison" Sentences, Many being, in Addition, Immediately "Fired" or Obliged to "Resign" from their Job, in One (1) Day, through a Caricatural Version of "Neo-Maccarhysm"...(Explaining the Above-mentioned "Suicides" : Comp. Supra),
while Debates on alleged Electoral Fraud/Irregularities, due to durate 6 X 2 = 12 Hours in Senate and the House (i.e. +24 Hours in all), are, in fact, Rapidly Cut Short in Only Less than an Hour, under Pretext of Entry of a Small Group of Demonstrators, Full of Infiltrated "AntiFa" Provocative Clowns, (Serving Dems' obvious Aim to Avoid Debating),
>>> Wouldn't it be Better, for All People involved, including for Real Democracy, if, instead of Divisive and Violent Conflict, provoking such a Bloody Mess, a Way was Found to Peacefully Associate those People into a kind of Participatory Democracy, where they could have at least an elementary Dialogue with Politiciians, Before Final Decisions Affecting their Lives and/or Society at large ?, "Eurofora" Wondered, (Obviously referring to a Basic Version of our overall Project). - "Don't you have a Feeling that, in fact, a rare, Unique Chance for an Original "Rendez-Vous with a much Needed and Possible New Development on Democracy", was Misssed Nowadays at Washington DC ?", we asked.
Our Topical Question was Addressed to Strasbourg University Professor, Chantal Cutajar, Head of an EU-Funded Network of Researchers in Public Law, and Experienced former Deputy Mayor of Strasbourg EuroMetropole, who has Notoriously speahEeaded the Group, (Including with "Eurofora"s Involvement, too), which prepared its "Pact for Participatory Democracy", quasi-Unanimously Adopted on 2019, (among Many others, See, f.ex., also ; ..., ...., + ..., etc).
Cutajar, (a former Centrist), was Speaking at a Press Conference of the "Engaged Citizens" New Party in Strasbourg, where "Eurofora" and other Journalists had been Invited,
- Her immediate Aim is to Open "Citizens' Workshops" dedicated to the Creation of "a Chamber for Citizens' Participation".
- "Because we have entered into a Phase of Profound Mutations", where, "withOut a Active and Responsible Participation of Citizens in Public Decisions which Affect their Future, it's Impossible to have a Peaceful Construction".
* "It's Now Clear, and withOut any Doubt, that Social, Environmental and other Mutations, among Growing Health, Climate and Terrorism Challenges, provoke UnPrecedented Dangers to our "Living Together" Framework, (resumed in France as) "Liberty, Equality, Fraternity". In Fact, InEqualities aggravate, Boosting Social Movements, and Provoking the Surge of more and more Violent Events, expression of a Growing Popular Anger, where Peace is at Stake. So that we have to Seek Ways to Ensure our Future, and Guarantee Resilience"., she said.
=> In Consequnce, "Engaged Citizens'" Movement was Born from the Belief that this Situation is an Opportunity for Citizens to Forge the Trend We Want for our City, Region, Country and Europe", Cutajar Voluntaristicaly stressed, Enlarging the issue thoughout All Levels, "Because the (Governance) Models of the Past and of Today, appear UnAble to Prepare us for that New Reality", she Warned. Indeed, "in order to Ensure a Democracy Based on the Quest of the General Interest, on a Fearless Evaluation of Responses, while also Attracting Innovations, we Need a Real (New, 3rd) Chamber for Citizens' Participation : It's a Space for Building Consensus, ... Able to Mobilize the Greatest Number of Citizens, in order to <<Build Together>> the Fundamental Choices that we have, Already, to make" for the Future.
Such a Move goes towards a Direction that "Eurofora" had Earlier Suggested to Professor Cutajar, in order to Put Citizens' previous Dialogue with Political Decision-Makers at the Base of a Modern Popular Movement, (See, among others, also : ..., etc).
- For that purpose, f.ex., Each "Citizens' Workshop" should Result into a "Tool-Kit" Ready to Use on an Important, given Topical Issue, each time, she proposed, while Tracing a Preparatory Process to Build concretely a Design for such a New Mechanism, between January and March 2021, Before Launching a Wider Campaign for its General Adoption, Starting by Strabourg's City Level. At the MeanTime, in Parallel, "Citizens' Consultations" would provide an Opportunity for Individual or Grouped Citizens to Present also Various Concrete Cases, where Public or Private "Administrative Violence" might Affect their Rights as well as present a General Interest Issue, on which the Movement could Adopt a Proposal.
>>> Even if the Current Base is situated at a Local Level, Nevertheless, the Movement Aims to Deal with All Relevant Issues "also at Regional, National, European, International or Global level", the "European Level being, Naturally, for us, very Important", Strasbourg University's Professor Cutajar Highlighted, in Reply to a Question by a Collegue Journalist.
=> "Eurofora", Raising a "Hot Current Issue", which, Despite several Differences between France and the USA, (in the History of which, French People are actively Present, Already "Since the Era of Lafayette"), nevertheless, concerns the "Fundamental Matters" of "a New Era" that Professor Cutajar had Evoked (Comp. Supra), Pointed at "those Difficult Moments" that "we have all Just seen among our American Friends", in a "very Strange Phenomenon", when a lot of American People, partly from Various Horizons, went to Washington DC, Naively Aspiring, Rightfully or Wrongly, to Reach the US Congress, where certain Issues of Great Importance for all were due to be Discussed and Decided, (i.e. the Official Endorsement of those who would be Authorized to Choose the US President for 2021-2024), Even if US Citizens haveN't Yet Any Established Right to Participate on that, at least Until Now, Hoping to be Heard by their Elected Representatives, (as far as the Growing Controversy on the Nov. 3 Vote's alleged Fraude/Irregularities, in 6 "Swing" States, is concerned). There, under particular, Non-Elucidated yet Circumstances, some Provoked (from Various Sides) certain Negative Incidents, which made Even President Trump to "Thank" the People for their Support, But Ask them to Return, Now, Safely, "Home". And, Already, in the Recent Past, during former US President Obama, with Biden as Vice-Pres., ("Socialist"), they Notoriously Faced some very much "Harder" Social Clashes, Even among Their own Socio-Political Areas, f.ex. at Ferguson, etc, as We Reminded.
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- In order to Prevent such Problems, while Advancing towards the Horizon of Your Project, don't you think that, f.ex., the US Capitol's Building is Large Enough and able to Host Also a "3rd Chamber, for Citizens", f.ex. towards its Huge Garden, where we can Imagine that it could Welcome People, Both Favorable and Opposed to that Protestors' Demand, (Comp. Supra), in Any possible Way, Even by Video-Conference and/or Other Internet Links, etc., so that they would Express their Views, be Heard by Political Decision-Makers, and Receive a Reply, Easing more Peaceful Outcomes, Better manage such Socio-Political Situations, and Avoid such Problems ?, "Eurofora asked Cutajar.
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=> "Concerning Your ("Eurofora"s) Question", the Reply is : - "Yes ! It's Exactly in the Area Where We Locate" our Movement, "Where we place Our Convictions", Strasbourg University Professor Cutajar Positively Replied.
>>> - "I.e., We are in a Moment - which is True Both in France and Anywhere else (f.x. in the USA, etc - where an Exclusively <<Representative>> Democracy, is No More Able to Pacify the Social Relations", she observed.
- "Simply, Because it's No More (really) Representative !"... "And, Because that so-called "Participative" Democracy, as it's set up here or there, is InSufficiently Participative", (i.e. does Not Give a Real Chance for Most People to fully Participate), she rightfully Criticized.
=>"In Consequence, we are driven towards such <<Blocked>> Situations ! (as that of the US Congress' "Closed Doors" Policy of Jan. 6, Followed by Brutal Killings of Protestors, Suicides, Even of Policemen, Witch-Hunts, Massive Oppression Nationwide, Tens of Thousands of Heavily Armed Military and 7/7 Curfew, etc : Comp. Facts cited Supra).That's precisely the Reason for which, Against that, We, Want to Demonstrate", First, "Starting from a Local Level, (Comp. Supra), that a Democracy which Accepts a kind of <<Co-Building>> Among the relevant interested Parties, is The Solution !", she Explained.
- "But", what is, sometimes, done, "f.ex. in France, to Randomly take 35 Citizens (i.e. by Lots) in order to Ask their Views on the Vaccine Policy, is Not the Right one" : "What should have been done, From the Beginning (i.e. Already Before Decisions are Taken), was to Associate Interested Citizens to the (Government's) Scientific Council, precisely as some of it's Members had Advised". Indeed, "Participation is Not Only to Consult some Persons in order to Ask for their Views, But it's, on the Contrary, to Give them a Responsibility, so that Everyone, from his own Position, has Something to Contribute : That's Our Credo, that we support. In that sens, I fully Agree with Your Analysis", Professor Cutajar concluded in her Main Reply to "Eurofora"s above-mentioned Question.
+ In Fact, "as they use to say on Psychanalysis, it's not enough to know only an Individual, because we must also have a Clear Idea of an Entire Society", observbed Earlier the Movement's vice-President Jean Laurent, adding later, that "We are Not Against the Institutions, But Try to Help them Function in a Better way".
- Indeed, we have seen that almost Every time that Different Groups Meet Sincerely Together in order to Search Joint Solutions, according to the General Interest, at the End, they Often Manage to Surprize by Reaching Conclusions that Nobody had Guessed !", stressed Cutajar Optimisticaly...
(../..)
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment
Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :
A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.
"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...
Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.
Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..
Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...
Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.
But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..
Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..
"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.
- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.
- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock
"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"
PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.
Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...
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