ECHR Condemns Turkey for 17 Years Delay in Judging complaints for Torture
*Strasbourg/Angelo Marcopolo/- An Unanimous ECHR Judgement published Today Condemned the Turkish Authorities for Violating the Prohibition of Torture and Inhuman/Degrading Treatments, by Delaying too much to Start a Legal Procedure against the Turkish Policemen allegedly Responsible for ill-treating 3 Victims, which "remained still Pending, 17 Years after the Facts", without any final result : 1999 - 2017 !
In consequence, the Turkish Government was condemned to pay 15.000 € to the Victims for Moral Damages inflicted to them, and about 6.000 € for their Expenses. ECHR's Judgement being automaticaly transmitted to CoE's Committee of Ministers, responsible for Supervising its Implementation, according to the General Rules, it should have Wider Repercussions necessitating also General Measures in order to Prevent Repetition of many Similar Violations of Human Rights.
The main Facts originated from a Massive Police Operation in Turkey on 1999 against a Large Group of Persons who were persecuted, (about 100), appearing a kind of Precursor of the even Wider Mass Persecutions of various Dissidents triggered recently, particularly after an alleged Short-lived and Strange Failed "Coup" Attempt of only a Few Hours, from July 2016. ECHR observed that, More than 17 Years Later, on 2017, it hadn't heard yet about any final result of the manifold Procedures still Pending in front of the Turkish Courts until Nowadays, especialy regarding denonciations of Torture, (but also Arbitrary Deprivationsof Liberty, Unfair Trials, etc).
On January 2017, CoE's Parliamentary Assembly (PACE) was Hindered to hold a Public Debate on Violations of Human Rights and the Functioning of Democrartic Institutions in Turkey, despite a Clear Majority pf MEPs supporting a Draft Resolution which Could have Crucial Repercussions against the Controversial and UnPopular Turkey's EU bid, (particularly by Re-Opening PACE's "Monitoring" procedure vis a vis Ankara, which would practicaly mean that Turkey didn't fullfil EU's "Copenhagen Criteria" on due Respect of the Rule of Law, Human Rifghts and Democracy, i.e. a Pre-Condition to any Negotiation for EU Accession), because of a dubious Technicality, (some unverified sources even denounced "Corruption" inside the CoE then), on Pretext that the Turkish Government had accepted, at least, to receive Victims' Complaints to a Special Committee submitted to Judicial Control.
But this Risks, obviously, also to Prolonge for an even Longer Period of Time, the Legal Procedures that Victims have to pursue in the Turkish Courts before Justice can be done, as "Eurofora" and others have already Warned since then (See, f.ex., among others, also : ....), and as it's Clearly Revealed in this ECHR's Judgement published Today, which had been Decided by EuroJudges in Strasbourg, by a Coincidence, precisely during that Week of PACE's Plenary Session here (on 24 January 2017)...
In the Present Case, the 3 Applicants, Members of a "Foundation for Scientific Researcb" at Istanbul, whose Staff and Fans had been All Targetted by a Massive Operation of the Turkish Police on November 1999 (Comp. Supra), had been Arrested and Placed in Detention during allmost a Week, before being massively Accused and Prosecuted for allegedly "Aiding and Participating in a Criminal Organisation" at the beginning of January 2000.
The Applicants Denounced, in particular, that the Turkish Authorities had Obliged them to Sign Fake Testimonies "under Pressure and Torture", Denied the Accusations, and lodged Legal Complaints for Inhuman/Degrading Treatments, Arbitrary Deprivation of Liberty, Unfair Trial, Absence of any Efficient Remedies against serious Violations of Human Rights, Discriminations, etc.
Scandalously, 12 so-called "Medical Examinations", by Turkish State Hospital Doctors, to whom they had been Brought by the Police during their Detention, routinely Claimed that the Victims "hadn't any Trace of Blows and Wounds", were "in Good Shape", "did Not Complaint for anything", and so on, (with the Unique Exception of Only 1 Examination, which found that a Prisoner Vomited Blood, felt Dizzy and Pain in his Belly, etc).
But, on the Contrary, 10 Differend Medical Certificates, made by Independent Doctors, practicing Privately, and/or at the University of istanbul and various Medical Institutes, Later on, when the Victims had been let temporary Free to move, Pending their Prosecutions, Strongly Denounced the Fact that all those Previous Medical Consultations were "Not Correct" and "Not according to Ethics, neither to International Conventions", f.ex. because "certain examinations had been made Collectively" ("in Groups"), Turkish State "Security Forces were Present" during those Medical Consultations, while "did Not Exist Any Information on the Complaints" of the Victims, "Lacked the slightest Psychological Examination", while those Medical Notes about an alleged "Lack of any Trace of Blows or Wounds" were "Not Credible", (etc). In at least 1 among the 3 Victims, the Independent Doctors also found an "aponevric Ptosis linked to an ApoNevrosis of the Muscle at his Right Eye", needing "a Chirurgical intervention", added to "Post-Traumatic Stress" and even a "Serious Depression", which "Affected Health and the capacities of Perception", and "could be the Result of Traumatisms allegedly Suffered during Detention", while others had even "Lesions" at the "Head" and "Hands" which "Match their Complaints" for Ill-Treatments, so that "it canNot be Excluded that they have been submitted to Torture".
F.ex, one of the Victims Denounced that, during Detention, a Turkish Policeman had "Crashed his Balls, and, while being Blindfolded, he was Hit several times by his Fists at the Head, and another Policeman had applied Electric Current at his Genital Organs", etc. A second Victim complained that he had been "Tortured" by Turkish Policemen, "Beaten, Insulted and Threatened with a Gun", had "Feared for his Life", was "Blindfolded", and "Told by Policemen that another Detainee had Jumped out of a Window" and Died, (etc). While certain Officials observed, Later on, that possible "Aggressions" hadn't been only Physical, but also Psychological, and at least certain Policemen had been reportedly Accused for similar Torture also in Other such Cases of about 11 Victims, (etc).
By an Astonishing but Symbolic Coincidence, such Facts occured precisely During the notorious "Helsinki Summit" of the EU, on December 1999 in Finland, which took a Controversial and UnPopular Decision to Give Turkey a Status of "Candidate" to EU Accession, which oppened a way for Costly EU Funds in full Grants towards Ankara's Government, added also to various other Legal and Practical EU Concessions to Turkey, which are normaly Denied to all Other Countries treated as simple "Third, Foreign States", provoking a series of Growing Popular Reactions against that, which Resulted, inter alia, also into 3 "No" to EuroReferenda on a Draft EU Constitution in France, the Netherlands and Ireland, between 2005-2007, which have considerably Delayed EU Integration, with the Result to also expose Europe institutionaly UnPrepared to the Global Economic Crisis which Started from 2008, etc.
However, Despite a very Long and Complicated Procedure in front of Turkish Courts, with Many Official Statements and Denonciations, the Identification of some of the suspected Torturers, as well as Legal Complaints from the Victims, Public Hearings, Initial Rejections of their Complaints, Confirmations of those Rejections, Later Decisions to Investigate the Facts, Demands of more Medical Examinations, the Prescription of the initial Prosecution against the Victims, some Official Accusations against at least certain Policemen in these and other similar cases (which were partly Joined Afterwards), New Hearings, New Medical Examinations, New Judicial Procedures, a controversial Court's ruling which Acquitted the Suspected Policemen, various Appeals to the Higher Turkish Courts, Postponements, New Collection of available Evidence, (etc), Nevertheless, "17 Years After the Facts" (1999-2017), there was No Result yet, Total Impunity for alleged Torture in those cases persisted, and ECHR observed Now (2017) that there were even "No News Since 2015" about any action whatever from the competent Turkish Courts in this thorny affair...
Therefore, even if the EuroJudges were practicaly Obliged to Admit that they had not yet been provided with sufficient Proof from that Procedure at the Turkish Courts, so that ECHR "was Not in a Position to Pronounce itself on the Question about Whether the Applicants had been Submitted to Treatments Contrary to the Article 3 of the (PanEuropean) Convention" of Human Rights, (which Prohibits Torture and/or Inhuman/Degrading Treatments, Nevertheless, "17 Years After the Facts", "the Procedure" in front of the Turkish Courts, "against those Policemen allegedly Responsible" for Torture and/or Inhuman/Degrading Treatments, "seems (to be) always Pending" !
Torture and/or Inhuman/Degrading Treatments, strictly prohibited by Article 3 of the PanEuropean Convention of Human Rights, is The Most Serious Violation of all, obviously considered as More Important even than Life and/or Freedom, etc, apparently based on the belief that Human Dignity is the No 1 Value, needing the utmost Protection, since it's the Only Human Right which canNot be Legaly Infringed in Any Case at all, (not even during War, Self Defense, etc), while, on the Contrary, there are several Exceptions for All Other Rights.
Turkey has already been Condemned by ECHR for blatantly Failing to Investigate Denonciations of Torture and/or Inhuman/Degrading Treatments, much More than Any Other among CoE's 47 Member States : Indeed, Ankara's Government has got a Recod-High of ...208 Condemnations for that Violation, during 1959-2016, according to the Latest ECHR's Statistical Data, Followed, from a Distance, by Russia (which has a Double Population number), Ukraine, Romania, Montenegro, Bulgaria, Azerbaijan, Latvia, Croatia and FYROM, etc., with 165, 80, 75, 43, 29, 12 and 10 (bis) relevant judgement, respectively. All Other CoE's Member States have had Less than 10 such Condemnations, and Norway, Sweden, the UK, Netherlands, Iceland, Ireland, Luxembourg, Monaco, San Marino, Malta, none at all...
Therefore, the Obligation for Turkey to take also "General Measures" in order to Stop Committing so Grave Violations of Human Rights as that, (Comp. Supra), stands without any doubt, particularly vis a vis CoE's Committee of Ministers, competent to supervise the Execution of ECHR's Judgements from its 47 Member States, (Comp. also Supra). is obviously undeniable, Now More than Ever.
But the Message looks Bleak for all those Tens of Thousands of People, from various political Horizons, (Judges, Educators, Journalists, Soldiers, Civil Servants, Elected Politicians etc), nowadays Massively Arrested and Closed in Turkish Prisons, particularly since Summer 2016, particularly when Rumours and Denonciations of Harsh Ill-Treatments, including Rapes, etc., have notoriously imploded, recently : Will Victims be Abandoned and be Obliged to vainly Wait for Justice to be done in case of Torture and/or other Inhuman/Degrading Treatments for More than ...17 Years, and, even then, only in order just to see the Turkish Authorities "pay" just a Few Thousands of € to each Victim, from the Flow of Many Billions € of Money that EU is asked to give in full Grant (Not loan) to Ankara under that persisting Blackmail over the Scandalous and Dangerous Massive Asylum Seekers/Irregular Migrants 2015/2016 Influx threat through Turkey, added to the More tha 1 Billion € in Grants paid Every Year to that same Turkish Regime under Pretext of a notoriously Controversial and UnPopular Ankara's EU bid, which has become Europeans' Nightmare ? Or, on the Contrary, will, at last, Europe Wake Up, and Start really Defending its alleged Human Rights' Values ?
(.../...)
***
(NDLR : Includes Hasty Translations from the Original full ECHR Judgment available only in French).
("DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, might be puiblished asap).
***
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Benedict's "Source" to revitalize Europe : - "The World needs Hope", Pope says, calling to relaunch E.U. via Human Rights !
Paris - Lourdes - Strasbourg : 12 - 17 September 2008.
The vital need to re-launch Europe can be succesfully met by defending fundamental Human Rights of the People, said Pope Benedict XVI in his 1st speech in France, at his meeting with President Nicolas Sarkozy, who currently chairs the EU.
Sarkozy replied by welcoming Christian and other religions' contribution to indispensable Public Debates on crucial issues which affect Human Dignity, Europe, even Humankind, as BioGenetics.
- "When Europeans will see and personally experience that the inalienable Rights of the Human Person .., those of their free Education, their Family life, their Work, ..their Religious Rights, ..are respected and promoted, then, these Europeans will fully understand the greatness of the European construction and will be actively involved in it", Benedict XVI stressed.
- "It's important that during France's EU Presidency, there is, indeed, a desire for the Church to contribute to protect Human Person's integrity, and I think that there is also a growing Conscience, beyond any polemics, to defend Human Rights, and, thus, contribute to ensure respect for Human Dignity", added to "EuroFora" the Pope's Spokesman, Vatican's Press Director Federico Lombardi.
- "Nobody really told us here that Lisbon Treaty was good for this or that reason to the People. They only told us that we "had" to ratify it, and tried to scare us, but failed", said 2 Irish pilgrims to "EuroFora", after 2 Majority Abstentions in 1999 and 2004 EU Elections and 3 "NO" to Referenda in France and the Netherlands in 2005, followed by the Irish "No" in 2008, during a Decade of EU Crisis since the controversial Turkey EU- bid (1999-2008).
More than .."224 cases of Murders, Torture, "Disappearancies" or Destructions" by "agents of Turkish Security forces", where all those responsible for so heavy Crimes still remain scandalously unpunished, despite regular condemnations of Ankara by Strasbourg''s European Court of Human Rights from 1996 to 2008, were examined the same week by CoE's Ministers, who decided to launch a fresh call "urging" the Turkish Authorities to end this dangerous "virtual Impunity" of criminals, without comparison to European countries.
- "Why not Ukraine, instead of Turkey ?", asked EuroFora a Journalist from "Kiev : the city where it's enough to cross the streets in order to realize that it's a European town", as Sarkozy recently said, before solemnly declaring this week, together with Ukranian President Jushenko and EU Commission's chair Baroso, EU's "recognition that Ukraine is a fully European Country, linked to Europe by culture and History".
Europe's "Christian roots" and Values, with "openess and mutual respect" to other cultures and beliefs, were highlighted by Sarkozy in harmony with Benedict XVI.
The Human person should be protected "from his inception until his natural death", added the Pope, faithful to BioEthic principles defended by his predecessor and collaborator, John Paul II, of topical importance in France, Europe and the World today, as Sarkozy announced :
- "Fast and important progres in Genetic Science and procreation raise delicate BioEthical Questions to our Democracies", which "involve our view of Humans and Life, and can lead to Social Mutations. That's why they cannot remain only a business of experts", hestressed.
- "It's Politician's responsibility to set a proper framework for such Public Debates", as "France will do on BioEthics in 2009". "Religious and Philosophic traditions must take part, with their ideas and centuries' long experience : A positive Laicity is an open invitation to Dialogue", he said.
- "France engaged in Europe at another Debate on how to make Financial Capitalism more moral", and the "Social doctrine of the Church fits well what is at stake in modern Globalized Economy"
- "But, a "Real Dialogue is not for an elite of a Globalized world : It penetrates deep into the People : That's why Churches should actively participate : .. It's bringing New Oxygen to Public Debates", stressed Sarkozy.
- "Democracy must not be cut off Reason", which is "compatible with Faith", thanks to "the meeting between Christianism and Greek philosophy ", he added, referring to Pope's views. "It means to advance with logic arguments, search what's best and respect common principles of thinking :... It's an everyday need for Public Administration and the Political Debate", he added.
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Pope Benedict's 1st visit to France looked like the start of a brillant, manifold demonstration that this was well-founded and could become true in the lives of the People : After its Theoretical foundations unfolded at a "speech to the world of Culture", inaugurating Bernadins' cultural centre, and its dogmatic instrument shaped at an address to the Clergy in the Historic Notre Dame' Cathedral, he started to resolutely reach out to the People :
The move went upwards like Bach's music : Begining with a call to more than fifteen thousand enthousiastic Youngsters gathered at Notre Dame's parvis with overnight celebrations, it gained strength in an impressive open-air Mass at Paris'central Invalides'area facing Alexander III's bridge, attended by more than 150.000 people, French Prime Minister Fillon, many Ministers, Foreign Ambassadors, etc, and culminated in a series of pan-European Mega-meetings at Lourdes 150th anniversary, together with all French Bishops, EU Commission's vice-Chairman Barrot, and some 200.000 enthousiastic People from all over Europe and beyond : After a Sea of Lights astonishingly braved Saturday Night's rain, an open-air mass at riverside fields among Pyrenees' Mountains Sunday Morning, was followed on Monday by a Sea of "Compassion" to those facing Health or Life threats, surrounded by an endless gathering of People, whose gigantic dimensions obviously surprised the organisers..
Meanwhile, Benedict had the occasion to speak to the French Priests at Notre Dame of Paris, and with the Bishops at Lourdes, where they prepare a crucial November plenary meeting, due to take important decisions on imminent EU debates and choices about Europe's identity, BioEthics, etc.
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- "A new way of thinking about Laicity has become necessary", agreed the Pope with President Sarkozy at Elysee. While keeping the "distinction between Politics and Religion, to guarantee Citizens' Liberty", "religion is important for shaping Consciousness and contributing, together with others, to create a basic Ethical Consensus in society".
- "Searching Essential realities", (as "God" for christians), needs "Speech : "Logos" in greek, i.e. Reason", "able to shape a Community","with creative work transforming Human History". But "Dialogue" is instrumental for "Reason", because it's the way to "search" for Truth", in "Liberty", according to Greek Platonic Philosophy, with Socrates' dialectics. "Reason" implies "Spirit and Liberty", hence the polyphonic "Music" of "Dialogue", in a responsible, "well balanced" way, to avoid "destruction".
Starting with a "Dialogue between christians and intellectual or artistic movements" highlighted at Bernardins' Cultural Center. with former Presidents Chirac and Giscard d'Estain, UNESCO's chair Anastassopoulos, etc., as well as representatives of Muslim Communities, (including a separate Turkish), after contacts with Jews at Vatican's Embassy, the Pope turned towards the People :
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To French Priests : "Church built on the rock" !
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- Speaking to thousands of French Priests at Notre Dame's Cathedral, Benedict highlighted a solid "Church built on the Rock" of conscious and active persons, transmitting "a lively, energetic and sharp" "God's Speech, actively working on Human History".
"Praying together" with "representatives of Christian Churches and ecclesiastic communities", (as Orthodoxes, Armenians, Protestants, etc), he called "to reinforce the Unity of the church", against "any form of Division", around Holy Spirit', "the Word","Christ's Justice", and "Love" to fellow- humans : Essentials which "resume all holy scripts", as he said.
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To Young People : "New Horizons"
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To some 15.000 enthousiastic Young People at Notre Dame's parvis, along Seine's river, Benedict spoke about "the Energy of the Holy Spirit" and "the Mystery of the Cross" : - "The Holy Spirit opens New Horizons to Human Intelligence .. and makes it conscious of the real greatness of Christ's sacrifice, dying and resurecting for World's life".
Some "may slander you as crazy, laugh at you, or even persecute you. But, "the Holy Cross is a symbol of God's love", and "givesmoral strength" : "Witness of People's pains, it's at the same time, a precious, unique expression of their Hopes", he told them at Paris' dawn.
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Invalides' plateau : "People chosen to become God's friends"
---------------------------------------
At the 1st open-air Mass in Paris' center area of Invalides, facing the Grand Palais, along the river Seine, during an impressive gathering of more than 150.000, French Prime Minister Fillon, Ministers Alliot-Marie, Bachelot, Dati, Jouyet, Assembly's President Accoyer, Senate's Chair Poncelet, former 1st Lady Bernadette Chirac, former Prime Minister Raffarin, many foreign Ambassadors, and other political personalities were present. (While earlier, from the Socialist opposition, Paris' Mayor Delanoye, artist Robert Hussein a.o. assisted at the Elysee meeting).
But the "Entry Song" focused on the "People chosen to become God's Friends". The September 11 mass was Dedicated to "Saint Chrysostomus, that great priest of Constantinople", with his "wonderful eloquence and great courage to face challenges", who "made out of despaired and godless people, a people of brothers", opening a possibility to "become all one complete entity", as Pope Benedict reminded.
- "Reason never enters in real contradiction with Faith", stressed Pope Benedict, who prepared his speeches for France during a short Summer rest at Brixen/Bressanone's Seminar, whose Library honors both "Faith and Science".. - "We must use not only our Reason, but also our Faith" : "Get away from Idolatry", "cupidity", "avidity for money, power or even knowledge deviating from essential aims", and other "falses appearances". and "build your Home on the Rock", "with the force that Holy Spirit gives to those who let it act in them", he said to the People of Paris.
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Benedict at Lourdes : - "Become Light (even) in the Dark !"
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- "Our World needs Hope", stressed Pope Benedict, addressing an impressive TorchLight procession at Lourdes' sanctuaries, where a Sea of Lights held by Hundreds of Thousands of People gathered at Pyrenee's Mountains from all over Europe astonishingly kept their flames despite a heavy Rain at a windy Dark Night...
- "150 years earlier (1858 - 2008), ..here, in the cave, ... a simple young girl, Bernadette .. saw a Light". "The everyday life of her Family was, however, made of Misery, Sadness, Sickness, Misunderstandings, Rejection and Poverty... It was hard to live in Jail". Today, "we think to all Human Beings who suffer : The innocent Victims who face Violence, War, Terrorism, Hunger, Injustices, Catastrophes, Hate and Oppression, Violations of Human Dignity and of their fundamental Rights, of their Liberty to act and think. We also think to those who face Familial problems, sufferings from Unemployment, Sickness, Infirmity, Isolation, or their situation as Immigrants, without forgetting those who suffer and die for the name of Christ", he said.
- "But the Shadows of the Earth, did not hinder Sky's Light to shine : <<The Light shines in the Dark>>" ..."A Way full of Light opens in Human History even in its Darkest moments" : ..."As Night falls, Christ tels us : <<- Keep your Lamps alight !>>."Hold a Light while walking in the Night .. sums up our condition as Christians on their way : "We need light, and we are called to become Light !", Benedict stressed to People setting in motion Lights, Flags and Songs with enthousiasm.
"<<- She looked at me as a Person, who speaks to another Person>>, the poor girl had noted."Light emerges from such a Dialogue", stressed the Pope : "A small Flame called Hope, Compassion and Tenderness dwells inside those who return after being moved by Lourdes' experience". "Christ .. entrusts us with the Mission to let the Light of Charity shine : To make of our Prayers an Act of Love to our brothers and to Fraternal Charity", he concluded.
(../..)
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