ECHR slams oppressive+sly attempt to Split a Family of Political Dissidents by Years of Separation

*Strasbourg/- Sly attempts, by some previous Governments notoriously linked to the Turkish Oppressive regime,  to "Split a Family" of Political Dissidents, both by Force and by a viciously Discriminatory Treatment which Separated the Members of that Family between them for 5 Years, resulting in a situation where they were practicaly Hindered even to See eachother and maintain direct Contacts, except only by "Visits" to far away Countries, Distant for many Thousands of Kms between them, (See Infra), were strongly  Condemned Today in Strasbourg, by an Unanimous ECHR's Judgement, as blatant Violations of the Human Right to Respect of Family life.

    The case concerned a Kurdish Family with Children, who had been obliged to "Flee Turkey", since "1993", after the Father, "a Mechanics and Professional Driver", who "Sympathised with the PKK", (even without having participated to it), "like may other Members of his Family", as f.ex. his "Older Brother" who had "obtained (Political) Asylum" in Europe, "felt Persecuted by Turkish Authorities", in "Several occurances", "because" he had allegedly "Assisted the PKK", and "Feared for his Life", so that, after "Violent Conflicts between Turkish Authorities and Kurdish People in 1992 and 1993", (notoriously Brutal), "found Necessary" to seek Asylum both for himself and his Family in Norway, after "spending a period as Refugees in Iraq", "after his Parent's House" at "Sirnak City", where he had left his Wife, "was set on Fire" and Burned down, (as many other Kurdish Dissidents' Homes destroyed by the Turkish Militay and/of its infamous "Village Guards", most probably in the framework of Turkish Government's "Scorched Earth" policies, that an abundant ECHR's case-law has already revealed in Strasbourg since 1995-1996 : Comp. f.ex. the famous "Akdivar" affair), as it results from the outset at Today's Judgement.

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Following an "older Brother" who had already been obliged to flee away from Turkey and "obtained (Political) Asylum in Denmark", as early as since 1988, Both Husband and Wife of the Dissident Family, and their 2 first Children came in Norway, where they gave Birth to a 3rd Child, during previous ChristianDemocrat Governments (known as "Bondevic 1 and II Governments), between 1998 and 2005.  Meanwhile, the Father, who had preceded and prepared the way for his Family to join him, after working (even irregularly) for years in Norway, had even dared face an imprisonment of 1 Month  when he reacted to the "Serious Insults against his Family", which had been uttered by another Man, who had also "Provoked" the Dissident Head of Family, particularly "by Hitting his Face", etc., before the victim was obliged to reply by inflicting a "not considerable" "injury" to the "shoulder" of the aggressor, who had later "Withdrawn" a "complaint" against Kaplan, as Norwegian Courts' had, (according to ECHR's judgement), already found back on 1999.

But, suddenly, from the 1st Year of a "Socialist" past Government, (known as "Soltenberg II Government"), on November 2006, the Husband of the Family of Political Dissidents opposed to the notoriously Oppressive Turkish Government, was astonishingly "ordered" to be "Expelled" to Turkey, and his re-entry in Norway Prohibited for an Indefinite duration ! + Moreover, he was immediately (in the next 2 Days !) Arrested and Detained for 2 Weeks. The Worse incident took place on 2011, when after his appeals to the local Courts were Rejected on 2010, finaly, the Head of that dissident Kurdish Family was effectively Expelled by force to Turkey during the Summer, shortly after former Foreign Minister of Norway, "Socialist" Jonas Gahr Store, had visited Ankara to meet there Turkish Foreign Minister Davutoglu back on the Spring of that same year, (followed even by a subsequent Davutoglu visit to Norway at that same crucial Month of July 2011, at another occasion).

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However, Today, on July 2014, i.e. only Months after the new ChristianDemocrat/Rightist Government won the late 2013 National Elections in Norway, that Kurdish Dissident finaly won his case at the ECHR in Strasbourg, which found that the former "Socialist" Government's overall negative behavior had Violated the Human Right to Family (Art. 8 of the PanEuropean HR Convention) vis a vis both the expelled Father, and his Wife, as well as their 3 Children, awarding them a relevant Financial Compensation as Victims. Significantly, the new, ChristianDemocrat/Rightist Government of Norway had openly decided not even to contest at all the amounts of Money for Reparation of Damages and Costs that the Victims' Lawyer had asked from the ECHR.

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It's interesting to note that ECHR, exceptionaly observes Critically also the fact that that former "Socialist" Government, curiously, without any known serious reason, imposed a Discriminatory Treatment among the members of that same Family, by granting a Residence (and even a Work permit) only to the Wife (10 Years Younger than her Husband) and their Children, as well as Norwegian Citizenship, ...both shortly before and after Expelling her Husband alone to Turkey !However, there was "No .. Obstacle preventing" them "to Accompagny" the Father "if the Familly resettled" back in the Country of its origin, EuroJudges observed, critcizing the induced separation.

=> Euro-Judges, therefore, concluded that, in fact, "the competent Authorities Expected that the Family would be Split", as Today's ECHR Judgement explicitly denounces.

 - And that "Family Split" would be provoked "as a Result of the Expulsion" of the Father, "at least .. for a  5 Years Period, during which" his Children and Wife were practicaly "Prevented from Seing him, other than by Visiting him", (i.e. as .. Tourists, instead of living anew all together as a united Family), ECHR's Judgement critically observes.

- "However", this "does Not appear to have .... Reasons .. Sufficient to show that the Disputed Interference", by the former "Socialist" Norwegian Government, in the Victims' Human Right to their Family life, might have "Sufficient Reasons" in order "to show that the disputed Interference was Necessary" at the present case, ECHR found.

- In particular, ECHR explained that among "Factors to be taken into Account, ... are the Extend to which Family Life is effectively Ruptured, ...the Ties  in the (Host) State, ... Obstacles in the way of the Family living in the Country of Origin, .. and whether Family Life was Created at a Time when (they) were Aware (of a).. Precarious" "status of one of them", as well as the degree of eventual "considerations of Public Order".

=> In consequence, "having regard to all of the above considerations,  and "Notablly" the "Long-lasting Bonds", as well as the "special Care Needs", particularly between a "Child" and "her Father", but also "the Long Period ...before the immigration Authorities ....order his Expulsion with a re-entry Ban", ECHR was "Not convinced", "Nor Satisfied that the Authorities" stroke "a Fair Balance" between that Father's "Need to ... Remain" in the Country where his Family was, "in order to Maintain his Contact", (particularly "with his Daughter"), and, "on the other hand", "the Interests of ... the Country", (f.ex. on "Economy", Public Order, etc), "according to the Government"'s claims.

EuroJudges clearly Rejected, in particular, an obviously Scandalous claim that an imposed Separation "for 5 Years did not.. involve a permanent Splitting up of the Family", since the expulsion imposed by the former "Socialist" Government "would Expire in July 2016"...

>>> In fact, the Father's "Expulsion.. with a 5 Year re-entry Ban", (which had been decided and executed by force from the Past, "Socialist" former Government of Norway, even if it had been, meanwhile reduced from an initially .. "Indefinite Duration" : Comp. Supra), "entailed a Violation of Article 8 of the (PanEuropean) Convention" on Human Rights, which protects the "right to respect of Family life", ECHR's Judgement Denounced "Unanimously". Condemning the respondent State to pay a Just Satisfaction for non-pecuniary Damages and all the Legal Costs of the procedure to the Victims.

 

In the present case, the Family of Kamran and Naime Kaplan, with their 3 Children, was United by Fighting Together a Hard Battle, (including by lodging a Collective Complaint to the ECHR signed by all of them), until they Won it, 3 Years after they had been Obliged to be Separated against their real Free Will, by a series of imposed circumstances which did not depend on them, most probably targetted because of their Political Opposition to a notoriously Oppressive Foreign Regime out of Europe.

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Various other Brutal and/or Sly, Vicious covert Attempts by Oppressive regimes to "Split the Family" of Political Dissidents, have become Notorious World-wide by the Humanistic and Compative Denonciation made by World-Famous American Actor and Film Director Charlie Chaplin against "Cold War" McCarthism's Witch-Hunt, at his landmark Artistic masterpiece film "A King in New York", with which he said "good buy" to the U.S. of that period, preferring to live self-Exiled in Europe since 1952.

 Chaplin's masterpiece notoriously pictured the scandal about a Kid of Political Dissidents, whose initialy Honest, Strong and Intelligent Personality was practicaly Destroyed  by that Oppressive era's scandalously intrusive USA State Agents, who pushed him even to Betray his own Mother and Father, as well as their closest Friends. Such Tragic Scenarios convinced Chaplin to definitively go away from the McCarthist USA of the "Cold War" era, and produced that Film in France, where it was Hindered to be published but only 5 Years later at the UK (on 1957), while in the USA it wasn't authorized before the 1970ies...

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In fact, this was the Opposite from anOther, also Famous, landmark Film : - The Historic, 1948 Masterpiece by Joseph Losey : "The Boy with Green Hair", on an Orphan of War, which was reportedly inspired, on the contrary, by the Human and Combative Honesty of another Couple of simple but conscious American Citizens, who undertook, during that same Difficult "McCarthy" period, to welcome as one of their own Children, protect and raise a fragile Child of a Political Dissidents' Family, as that of Julius and Ethel Rosenberg, the couple of a Scientist notoriously slandered, arrested, condemned, and killed by execution in one of the Worst moments of "Cold War" McCarthysm on 1953, because they were suspected to have revealed the secret of the Nuclear Bomb, after the Hiroshima-Nahashaki horrible Massacre of innocent Civilian People by a USA Military Airplane's bombing in Japan, also to the Russians a.o., in order to saveguard a Balance of powers Worldwide, (instead of unilateral Domination only by one side),  able to guarantee Peaceful "Detente" for Decades :

 

Something that they strongly Denied, admitting to have discussed certain other issues, but not that much, with pro-Russian links, in the Court proceedings which resulted in what was rightfully named as "the most Controversial Execution in USA's History", and was later denounced also by the killed Dissidents' own Son : Robert Meeropol, who had the chance to be protected and raised by a Family of Friends noble enough to let the boy learn all the Truth about his killed Father and Mother, and be Proud of them, as he's proven, inter alia, also by his own Book, published in the Memory of his Parents, that Rosenberge's son wants to use even Today in order to Defend Freedom of Speech and Information, (f.ex in the "Wikileaks" case on the Persecution of Asange, etc : http://www.democracynow.org/2010/12/30/son_of_julius_and_ethel_rosenberg ).

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Even the current Prime Minister of France, Manuel Valls, himself of Spanish origin, in his 1st official Visit in Strasbourg, as former Minister of Interior (JHA), back on July 2012, who had been reportedly send here directly after speaking with French President Francois Hollande during a  Governemental visit at Marseille, in order to inaugurate a Monument and participate at the award of the Prize of People of "Justice", (supported by famous former EU Parliament's President, Academician Simone Veil : Comp. Veil's Statements to "EuroFora" at a prestigious Sorbone University's Conference on 2010 in Paris, already sent earlier to Subscribers/Donors, as well as from former long-time French President Jacques Chirac, both included among those honored by that Monument, symbolically erected right there where Strasbourg's Historic Synagogue was located, before being Destroyed and burned down during the NAZI Military Occupation, at nowadays' "Place des Halles"), had stressed the importance of safeguarding the Memory of Horrible Crimes, but also of People who dared struggle against them, in order to save other Fellow Humans' Freedom and/or Lives, so that we can hope to prevent and/or avoid the repetition of any such, similar or even worse Crime against Humanity both in the Present and in Future,  (Comp. Valls' reply to "EuroFora"s Question then, already sent to Subscribers/Donors earlier).

 

This was done on the occasion of that Prize's award particularly to a couple of Alsacian People who had hidden among their own Children, protected and raised, the then Baby Daughter of a Resistant Jewish Family, where the Father and Mother had been obliged to Emigrate elsewhere because of NAZI's persecution , entrusting their Children to a few such Honest and Brave People, who were willing and able to transmit the History of those persecuted Parents to their Children, in order to keep them United, even after that Family's forced Separation : Their small Girl, who had been saved and kept aware of her Father and Mother's Heroic Struggle, was present at that 2012 Prize Award Ceremony in Strasbourg, a noble Old Lady now, but, still submerged by strong Emotion, even more than Half a Century after those Tragic Events, she kindly asked to forgive her for still feeling so moved, by those Memories, that she couldn't realy speak in front of a numerous public.