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Pagina principale arrow newsitems arrow CoE new Chairman, Minister Samuelsen - Danish Presidency to EF+ on big moves on Human Rights in 2018

CoE new Chairman, Minister Samuelsen - Danish Presidency to EF+ on big moves on Human Rights in 2018

Scritto da ACM
mercoledì, 15 novembre 2017

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*Strasbourg/Angelo Marcopolo/- Saluting with a Smile "Eurofora" and other participants to various CoE's Meetings Today, just after Taking over Officially the Presidency of the 47 Member States strong, PanEuropean Organisation for Human Rights, Democracy and Rule of Law, during the period of November 2017 - May 2018 included, Danish Foreign Minister Anders Samuelsen, (at the Same Time Radian, as all the Danish Presidency's Diplomatic Team, here in Strasbourg, also because of the Coincidence with an UnExpected, landmark Win, 5 to 1, of the Danish National Team of Football, even while playing inside Ireland, Guaranteeing the Qualification for the "Mundial's" Finals, Later this Year, in Russia), has just Wowed to Fight for Fundamental Human Rights, while also Ambitionning to Re-Launch a Far-Reaching New Reform of the ECHR, at the Eve of a forthcoming CoE's New Summit on 2019, (See Infra).


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           - Samuelsen "Ensure(d) that we (Danish 2017-2018 Presidency) will do our Best to Assist the CoE in Serving its Founding Values, and to Preserve and Protect the Fundamental Values on which the CoE is Build".


    - Informed by "Eurofora" about EU Parliament President, Antonio Tajani's, Readiness to Cooperate also with the CoE, as he told us Yesterday, for a European/International Monitoring of the necessary Investigation in order to Find and Punish the Killers and Instigators of Investigative Web Journalist Daphne Caruana Galizia, who was recently Brutally Murdered by the Explosion of a Bomb in her Car at Malta, Triggering a Growing Series of EU/CoE's  Leaders' vibrant Condemnations, after also a Hot MEP's Debate, (See, f.ex. : http://www.eurofora.net/newsflashes/news/euparliamentpresidentoncoeandjournalistmurder.htm l +
http://www.eurofora.net/newsflashes/news/wejournalistmurder.html ), Samuelsen Heard Carefully, appeared to Start Considering that, Thoughtfull, and asked to give More Concrete Details on this affair also to the Diplomats of the Permanent Danish Delegation to the CoE in Strasbourg, as it was done.


     - "Freedom of Expression" (which includes Press Freedom), is cited as Number 1 among several "Fundamental Freedoms", of which, Danish feel to be "strong and committed defenders", according to the New CoE Presidency's Program for the Period of 11/2017-5/2018, that Samuelsen presented, Earlier Today, to CoE's Committee of Ministers.      

   

danish_mfa_samuelsen_exhibitionn_coe 


    + On this occasion, the incoming Danish Presidency of the CoE, apparently Intends also to Re-Launch on 2018, as well as Add to the process of ECHR's Reform, which had Previously Started, initially from 2010 at a Miisterial Conference on ECHR at Interlaken (Switzerland : See "Eurofora"s NewsReports from the spot, among others, also, f.ex.: ..., + ..., etc), followed by Izmir (Turkey) on 2011, Brighton (UK) on 2012, up to Brussels (Belgium) on 2015.


    Indeed, already Interlaken had Adopted an overall Timetable Plan, according to which, CoE should Examine and Decide, Before 2019, (which coincides with a French Presidency of the CoE), whether the achieved ECHR's Reforms were Satisfactory and Sufficient, or if it might Need to Advance even Further, Towards New, Additional Targets to reach.


    Considering also the Fact that a New, PanEuropean COE's Summit of 47 Heads of States/Governments, is currently Expected for about 2019, (as the Incoming Danish ensured Today "Eurofora", saying that they consider such a Summit, now,very Probable), then, it's Natural to have Formed a Clear Understanding on the State of Play of the Overall Situation of the ECHR's actual functioning at least on 2018, (i.e. , just 1 Year Earlier)...

 

    => Thus, a Key Importance is attributed to a Top Legal CoE "Experts Conference", organized Next Week at Kokkedal (a City Near Copenhagen : distant only 20 minutes), on 22-24 November 2017, Symbolically entitled "2019 and Beyond : Taking Stock, and Moving Forward, from the Interlaken process" :


    >>> Indeed, as the Danish Presidency of the CoE told "Eurofora", "according to the Results" of that, Inter-Governemental Legal Experts' Conference, CoE is due to Decide whether, and how, an eventual "Political Declaration" on Reforming, may be even Further, the PanEuropean Mechanism for the Protection of Human Rights, will, or not, be Taken during a Subsequent, "Ministerial" Meeting, scheduled in Denmark for April 2018, (i.e., Near the Eve of the 2019 CoE Summit : Comp. Supra).


    + In Fact, a main Intention of the incoming Danish CoE Presidency, (which had taken, Previously, the Precaution to Prepare its Draft Proposals on ECHR's reforms, already from the Beginning of 2016, and with several Visits and Contacts in Countries such as the UK, but also Germany etc), appears Twofold :


- Not Only "Take Stock" of the Progress achieved, concerning the Objectives which had been Fixed at     Interlaken (2010 : Comp. Supra);


+ but Also, to Consider eventual "Further Reforms" of the ECHR, related to "Chalenges" of "the Future", and/or the "Vision of an ECHR" Focused on "Serious and Widespread Violations, Systemic and Structural Problems, and on Important Issues concerning the Interpretation and Application" (by the ECHR) of the PanEuropean "Convention" on Human Rights. (In that case, due Attention should be taken to sufficiently Saveguard also the Individual Right for Application to ECHR against Violations of Human Rights, as many NGO's have already observed in the Past). As well as to "ensure Support" for it, while "Populations and Decision-Makers are Increasingly Questioning the Authority of the Convention System", (as the Danish Presidency notes in its Draft Program).

 

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    - Indeed, as the Outgoing, former CoE's rotating Chairman, Czech Foreign Minister Lubomír Zaorálek, (Comp., among his Replies to "Eurofora"s Questions also : ...., etc), in his Concluding Speech in Strasbourg, Earlier Today, stressed, inter alia, also the Fact that Recent Islamist "Terrorist Attacks and (UnPrecedented, sudden) Mass Migration", (particularly of that kind that was notoriously Selected and Smuggled into Europe by Turkish a.o. Traffickers since 2015-2016), have "Seriously Affected and Divided the European People" nowadays, as he Warned.


    Indeed, in such an Exceptional Context, it's obviously Easy to Guess, that, at least some, among ECHR's case-law Recent Extensive applications, might, eventually, appear as more or less excessive, Controversial, or even, perhaps, unjustified, at least to some People and/or Politicians in Europe nowdays, to the point that it might even provoke Sceptisicm, Negative reactions and/or loss of Trust, which could enDanger Core Human Rights, (particularly if such Problems might be Exploited by some Oppressive Groups and/or States) : As, f.ex., matters of Life or Death, Freedom or Slavery, Torture and Inhuman/Degrading Treatment (a "Classic" Priority of Danish CoE Presidencies, both in 2017/2018, as also more than 20 Years Ago, in the Past), Freedom of Expression, Family Life, Fair Trial, Private Property, Right to participate in Democratic Elections, and even some Elementary, Basic Social Rights of Vital Importance for People in real Need, etc.


    Even if this might Not concern particularly the current Danish CoE's Presidency, nevertheless, f.ex., Many Perople find very Controversial the Fact that some inside the ECHR have notoriously "Interpreted" recently the PanEuropean Convention's Article 12, on the "Right to Marry", in a so Extensive way, that, Instead of Focusing on Natural Couples of "Men and Women", as that Convention's Text Reads, (i.e. on Natural Marriage, generally able to give Natural Births), on the Contrary, they have Totally Ignored the Explicit Text of the Convention, (i.e. Silently Abrogated it !), and Allowed to Extend its application also Betwen Gays or Lesbians, including Submission of Children to the Power of Homosexual Couples under Pretext of "Adoption", and even went on as far as to Endorse Prosecutions, Threats, and Oppression of Liberties (including Financial a.o. Sanctions, Dismissals, Jailings/Imprisonments, etc) against Civil Servants a.o. who mightt try to express their Opposed Social and/or Religious Beliefs, trampled underfeet, (See, f.ex., several Cases in France, the USA, etc).


    => Therefore,  "Dialogue", particularly between COE's Commitee of Ministers (eventualy, even Civil Society, etx) and ECHR, about some "Interpretations" that EuroJudges use to give to the Original Text of the PanEuropean Convention for Human Rights, through the Developments of their Case-Law, is at the Forefront of this 2017-2018 Danish Presidency's priorities.


    - But, at the same time, the "Independence" of ECHR must be Saveguarded, the Dabish Presidency's paper admits.       


+ Last, but not least, "Third Party Interventions" in Cases pending at the ECHR, also by various Other Countries which might be Affected, in one way or another, by a Solution which could be given at an affair, may also come at the forefront of eventual ECHR Reforms, going Beyond the Interlaken process, Danish CoE Presidency sources told "Eurofora".


In the Past, Scandinavian Countries, including Denmark, had taken such an  Active Role in front of the ECHR mainly in order to Denounce some Exceptionaly Serious Violations of Human Rights, in cases such as Turkey, or the 7 Years period of the Colonels in Greece, etc.


The Last such Danish move was related to Torture cases inside Turkey, and, by a coincidence, had been close to the Previous Danish Presidency of the CoE from Strasbourg, Back more than 20 Years ago.


Nowadays, however, Samuelsen has, Recently, strongly Denounced as "UnAcceptable" the setting-up of a Systematic Spying Mechanism over European Citizens inside Europe itself, (through Turkish Consulates, and/or some "Imams" in Mosques controlled by the Turkish Government, special Phone Numbers for Delation, etc, as the relevant Scandals revealed in 2017 at Nearby Germany), in order to Inform a Foreign Government as Turkey, about Political Critics and Dissidents Opposed to Ankara's Controversial and notoriously Oppressive Policies. And he had Warned that, such an eventual activity would be considered as a Criminal Offense.


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    + On the Contrary, just after being Welcomed, meanwhile, Together with CoE's Secretary General, Thornbjorn Jagland, by the Head of Strasbourg City's European/International affairs service, the young Rafik Elmrini-Nawel, Samuelsen praised "Strasbourg" for being "not only a European City, but also a City of Europeans, Open and Inclusive, with Hospitality, which makes it a Perfect Home for both the CoE and EU Parliament", where "I was a Regular Guest, in my time as (former) MEP", until just a Few Years ago, and "it made a Big Impression on me. It's Hard to Imagine a Better basis for the task to Protect Human Rights, Democracy and Rule of Law", he stressed.

 

 

(../..)

 

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

------------------------

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

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    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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