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Home arrow newsitems arrow ECHR Raises Critical Questions v. Compulsory Controversial Vaccines against Human Rights in France+

ECHR Raises Critical Questions v. Compulsory Controversial Vaccines against Human Rights in France+

Written by ACM
Thursday, 07 October 2021
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*Strasbourg/Angelo Marcopolo/- With an Important Series of Moves, which may Affect, Directly several European States, (but Also, indirectly, USA and Other Countries in the World, holding a Special Status at the CoE), the Strasbourg-Based PanEuropean Court of Human Rights (ECHR), strong of 47 Member States (including Russia), for the 1st Time, Raised Critical Questions versus making Compulsory a Few Controversial Vaccines, (while Many Others, Already at the 3rd, Final Stage of Tests, are Still Not Authorized in the EU : See http://www.eurofora.net/newsflashes/news/majorityvaccinesclassicbutnotyeteu.html, etc), against Human Rights, particularly in France, Expecting a full Reply well Before the Crucial, forthcoming Presidential and Parliamentary Elections of April and June 2022, respectively.

ECHR's relevant Moves Follow a Critical Warning by CoE's Secretary General, Marija Buric-Pejcinovic, (former Vice-Prime Minister in Croatia), Published as Early as, Already Since March 2021, (See: http://www.eurofora.net/newsflashes/news/coewarnsoneuvaccinationpassports.html), and a Damning Resolution by CoE's Parliamentary Assembly, Later this Year (on June 2021 : See http://www.eurofora.net/newsflashes/news/coeslamsviruspassrisks.html, etc), After a Critical Report by CoE's Committee on BioEthics, as well as Several concrete Points Raised, meanwhile, by the French Higher Administrative Court ("Conseil d'Etat"), in the Meantime, and Refers, in Addition, to Similar (but Not Identical) Legal Complaints recently Lodged against equivalent Controversial Measures taken in Greece, (even if in Partly Different Circumstances and/or Official Motivations). ECHR stands at the Core of the CoE, the PanEuropean Organisation for Democracy, Rule of Law and Human Rights, which hosts Also the International Treaty on "BioEthics" (alias Human Rights and Medicine or Biology), the Only Legaly Binding Convention, Open for signature by Any Country in the World, in that Topical Area, known as "Treaty of Oviedo" (since 1998). ECHR's Presidency had Recently expressed, on 2020, its Readiness into Interpreting such BioEthical Legal Principles and Rules, (See, f.ex.: http://www.eurofora.net/newsflashes/news/coesgburiconechrbioethicsinterpretation.html, etc).

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    The Main Case of Today concerns a Legal Complaint lodged by a French Fire-Fighter, Pierrick Thevenon, aged 33, against a Law of August 5, 2021, which Imposes, to some Categories of Workers, a Compulsory Full Vaccination, with one of 4 Vaccines Authorized in the EU, (Comp. Supra + Infra), Otherwise being Suspended from their

    This is, Currently, the Only such Application Pending on that "Hot", Topical Issue, as some Other, Similar but Not Identical Cases, in France and Greece, have been Rejected, for Procedural Reasons, related to their own Claims. + But 712 Other Persons have Already Declared their Intention to Lodge an Identical Application to the ECHR, as Thevenon did, on this Same Issue asap, the EuroJudges observed.  

    The 4 Questions Raised by the Court's 5th Section, Chaired by ECHR VicePresident Miss Siofra O'Leary from Ireland, Professor at Cambridge University, and Vice-Chair Mārtiņš Mits, University Professor from Lund, Sweden, include, in particular, whether the Suspension sine die of his Salary, after Refusal to get Vaccinated by certain Jabs, was "a Breach of his Right to the Enjoyment of his Posessions" (Article 1 of the 1st Protocol to the ECoHR, which Protects mainly Private Property), and/or if he faced a "Discrimination, based on his Occupation", because, "Unlike Other Workers", he was "Obliged" to Obey to that as Order, (in Violation of Articles 14 and 8 of the ECoHR). In addition, ECHR Also asked whether such a "Compulsory Vaccination" with certain Jabs was "a Breach of his Right to Respect for his Private Life", (but also if he had "Exhausted Domestic Remedies" in France, as a purely Procedural Requirement).

    The competent French Authorities were given by the ECHR a Time Deadline for Reply until January 27, 2022, i.e. Well Before the above-mentioned Presidential and Parliamentary Elections, but in the Middle of the relevant Socio-Political Debates, (Comp. Supra).

    In ECHR's Long History and relevant Case-Law, the Violation of Private Property clause (Comp. Supra), has Notoriously been Used by EuroJudges also in order to Sanction some Very Grave Violations of Human Rights, such as, f.ex., the still Persisting Deprivation of Greek-Cypriot Refugees/Displaced Persons' access to their Family Homes, Belongings, and Ancestral Land, by the Turkish Military Invasion and Occupation of the Island's Northern Territories since 1974 : - "That's what we really Wanted to Condemn, But the Tragedy is that most EuroJudges prefered to put it under the <<Private Property>> clause", had characteristicaly Told "Eurofora"'s Co-Founder Refugee Miss Tina Loizidou, Already since 1994, when she was the 1st to Win such a Landmark and World-Famous case...

    Even if this 1st Individual Application by Mr. Thevenon might, Eventually, be Rejected Later-on for Purely Procedural Claims, (as, f.ex., the "Non Exhaustion of Domestic Remedies", i.e. if he DidN't yet Find the Time to Previously Address himself to All the Competent French Courts, as All Applicants routinely have to do Before comming to Strasbourg), then, Obviously, Nothing Hinders Both Himself, Afterwards, and/or Any of those Other 712 Victims of the Same Problems, who have Already Declared their Intention to Lodge asap. a Similar Application to the ECHR, as EuroJudges noted (Comp. Supra), to eventualy Repeat All or Part of those Same Other 3 Key Points, mentioned in Today's ECHR's Decision.

    + Moreover, Earlier, (as ECHR's Services Reminded Today), a somewhat Similar, But Not Identical, Collective Application Lodged by Greek People, (30 Health Workers, Private Doctors or Public Hospital staff), had Also Raised Many Other, Interesting Legal Points, including Also, f.ex., alleged Violations of the Human Right to Life, Inhuman/Degrading Treatment, Forced Labour or Slavery,  Liberty and Security, Fair Hearing, etc.., referring to Articles 2, 3, 4, and 5 of the European Convention on Human Rights. (Even if their 1st such Move had been Droped, on September 2021, for Various Points Specific to the Particular Way that They had Presented that Initial, concrete Application, then).

      On "Liberty", a Fundamental Principle of CoE's landmark Convention on BioEthics is the Need of a well "Informed Consent" to Any eventual Intervention on Human Health : A Rule Notoriously steming from the Nuremberg Trial against Nazism's notorious InHuman Methods in Concentration Camps, where Detainees were abused as "Cobays" submited to various "Tests", (as those Abused Previously by the Ottoman Turkish Empire against Armenians)...

    Concerning at least the Life/Inhuman-Degrading Treatment/Security relevant Issues, Nowadays, After a Notorious Discreditation of "Astrazeneca"'s Jab, Following several Deaths and Many Suspensions in Various Countries accrosss the World, it's Yesterday Also "Johnson Johnson"'s "Jennsen" Jab which was Suspended in current EU President Slovenia, after a Death, and even the Controversial "m-RNA" Novel Tool used by "Moderna" and "BioNTech/Pfizer", which was Suspended Today in Sweden, Denmark, and Finland, (on the Occasion of "Moderna"), after Several Tragic Incidents, particularly on Heart Inflamations, Even of Young and Healthy People.

Meanwhile, a North American Judge reportedly Suspended a similar Mandatory Vaccination as "BioNTech/Pfizer"/"Moderna", etc., on certain Workers, as in Europe, for Questions of Violation of Christian Religious Beliefs, because of Human Parts from Aborted Embryos allegedly used in such Controversial Jab, (an Issue that has Not Yet been Raised at the ECHR). In Addition, Something Fishy Seems to exist around the Precise Numbers of Deaths due to Side-Effects of suh m-RNA "Fake Vaccines" as those of "BioNTech/Pfizer", given the Fact that some Mainstream Medias cite about "5" Cases throughout all Europe, (plus anOther in New Zeland), while Others, later, cite "6" Cases Only in France. ! But Official Sources are Also cited for alleged ..."386" (sic !)Deaths Questioned after taking a "Pfizer/BioNTech" "Vaccine", Only in France, Just at the Beginning of 2021... However, Astonishingly, ..."Only 1" among them was reportedly Examined as, perhaps, due to those Controversial "Fake Vaccines" !  + Similar Inconsistencies also in USA's relevant Data : Some mainstream Medias (at close periods of Time) point at "Hundreds" of Deaths after taking such "m-RNA" so-called Vaccines, while Others speak of ...several "Thousands" ! Obviously, much More Clarity and Serious Criteria are Needed, in order to Ensure that there is Not any Hidden Blunder or Massacre there...

 *Already from the Beginning, Top Medical (pro-vaccine) Doctors in France had been reportedly Surprized, since 2020, according to Mainstream Press, by an Exceptionaly Long List of Side Effects in this case, to the point that they had Initialy Advised to Better leave such "Vaccines", at least for the Time being, withOut Using them, in order to "Wait", rather, for some "Better Vaccines" than that, (with the Unique Exception of those Too "Fragile" People who Could Not take the Slightest Risk to Wait, Not Even a bit)...*But Others had Even gone Further, f.ex. Warning that Such kind of "m-RNA" Novel Tools Risked, inter alia, Particularly Also to, Sooner or Later, in one way or another, Reveal some Serious Problems against Human Health, concerning mainly "Hemorragies" and/or "Inflamations", with Dangers around "Thrombosis" and/or Heart Issues, as "MyoCardite", "PeriCardite", etc. Indeed, such kind of Dangerous Issues, (including, particularly, Even Young People, apparently in Good Health), seem to have been Multiplying, Recently, Even to the Point to Raise Life or Death matters, (as Recent Facts have just Shown : Com. Supra).

    + However, the Worse, may Still Remain to be Discovered Later-on : Indeed, in Addition to some Possible Syndroms of Facial or Arms' Muscles' Immobilisations, (sometimes Painful, for the latter), etc., at least in Medical Theory, it's not exAcluded a priori that Such "m-RNA" Novel Tools might, Eventualy, Trigger some "Toxic" Reactions "in X Years", certain Medical Experts Warned, according to Mainstream Medias. +More Important Concern, at least from "Eurofora"s point of view : As "BBC" and Others have, Already, Warned, "Proteins", which Notoriously are the "Target" Number 1 of such "m-RNA" Novel Tools, have, Generally, a so "Complex" Molecular Structure, that it has to be Clearly Known and Carefuly Handled, as Any Eventually erroneous or clumsy Change about them "might Provoke Catastrophes !" around the Human Genome... Particulary when such "m-RNA" Novel Tools of "BioNTech" allows "Individualized" Treatment, Special to "Each" Person, Group or Category in the Society, as Mainstream, Professional Medical and/or Financial Medias had Already Noted when Bill Gates Suddenly Invested more than 55 Millions $ in "BioNTech" as Early as Back on September 2019, (i.e. Just at the Eve of a Premonitory "Pandemic" Event Conference that he Notoriously Sponsored at Hopkins University on October 2019 ("Event 201")...

    ++ At any case, concerning at least alleged "Efficiency", t's Certainly a Noteworthy Fact that, While "BioNTech" and "Pfizer" Initialy Announced an Only 90% Efficacy to the American FDA, on the Contrary, just After Competitor "Moderna" Announced a "94,5" Efficiency against the Virus, ... then, Immediately, they Changed and, (in Only 1 Day's Time !), Suddenly Claimed that an "Error" had been Committed, Modifying his "BioNTech/Pfizer" Vaccine's alleged Efficacy by considerably Upgrading it all the way Up to ..."95%", Back on December 2020 ! (But, Nowadays, i.e. After the Middle of 2021, "Pfizer" Finaly Acknowledged an Efficiency of Just about 91%, ...and that Only for a Few Months' Time : See Infra).

    +++ However, it's Obviously much More Grave that "BioNTech/Pfizer" did Not Warn at all, at that Time, (i.e. When USA's FDA and EU's EMA were Considering, Back on December 2020, whether and in which Conditions to eventualy give an "Urgent" Authorisation for his Merchandise), that their "Vaccine" might be Unable to Prevent Infections (by a Pseudo-"Vaccinated" Recipient) to Other People in the Society, (Contrary to what is Traditionaly done by All Other, Real Vaccines, during some 200 Years since European Louis Pasteur's Invention against All kinds of Viruses : 1821-2021) ! So that Both the USA and EU competent http://www.eurofora.net/newsflashes/news/pfijfyjhjh.html, etc). In Consequence, Nowadays, (i.e. Later than Middle 2021), when such a Risk has Become, at last, Obvious throughout the whole World, (Even at  ..."Nature" prestigious Scientific Review, on August 2021), throwing Countries like the USA, UK, Israel, etc. into a Mess of Growing Massive Infections, it has Become Inevitably Too Late to fully Rectify things and Re-Start from scratch... The Dangers provoked by giving Credit to such Novel Tools Before any real Scientific Evidence on a so Crucial Point, can, indeed, have "Devastating" Effects, as also the Council of Europe clearly Warned on June 2021 (See : http://www.eurofora.net/newsflashes/news/coeslamsviruspassrisks.html, etc) !

    ++++ In Addition, they did Not Warn Even on anOther Important Risk : that for all those Pseudo-"Vaccinated" Recipients of his "BioNTech/Pfizer" "Fake-Vaccine", to get later ...Infected Themselves ! So that when the current US President Biden was Surprized on 2021 to Find that Even several Pseudo-"Vaccinated" Staff ...in the White House had been Infected by the Deadly Virus, he didN't hesitate, among others, also, f.ex., to Block Also such Pseudo--"Vaccinated" Individuals' Entry into the USA by Crossing the Borders of Canada, Recently, as well as to Order "Mask-Wearing" also for them Even Inside their own Family Home's Confined spaces, (etc)... While, in France, even an important New Region's (PACA) President-elect, Despite the fact that he had been "Vaccinated" by such Novel Tools, Neverheless was Found severely Infected, soon After his Election, inevitably making his Mandate Difficult to serve, almost at the Same Time that simple Young Women were Desperately spreading Tears, Schocked by the Fact that they were ...Fired from their Jobs, Because they had been Hired with "Certificates" of being "Vaccinated", but Soon Found ...Infected by the Virus, Despite such "Fake-Vaccines", as those Sold (Expensively) by "BioNTech/Pfizer".

    +++++° But, When their Merchandise had been Authorized, as an "Emergency" Measure, Back on 2020, they had Not Warned the People, Neither the Government Officials, No More, for anOther kind of Big Problem, Even More Heavy and still UnExplored in its Real Dimension, which Remains UnKnown : - I.e. that the Duration of such "Fake-Vaccines" was, in fact, very much Limited in Time, Because their alleged "Efficiency"  was ...Evaporating too Fast, so that All Recipients would Soon have to take anOther, "3rd" "Boosting" Dose, in a Semester, (and withOut Excluding also the Possible Need, perhaps, for an Additional ..."4rth" Dose, Before the Year ends, as some Officials reportedly just Thought at Israel, under condition of Anonymity)... Medical Experts are Cited by Mainstream Press as Attasting that Such Problems had Never been seen Before in Any Vaccine in the World's History, (and "Doubt" whether the People would Accept to be Submitted in so Many "Doses" Each Year).

=> It's for All those Reasons that Experienced French Professor Christian Perronne Rafused to even Call such Novel Tools as "Vaccines", (Except, may be, of "Fake Vaccines")..., Prefering the more Realistic Name : "Gene Therapy" Tools, (in a December 2020 Publication, already)...

 - It's True that some Health Ministers, (as f.ex. the French one), Recently Focused their Claims on Repeatedly supporting that the existing "m-RNA" "Fake-Vaccines", at least, would "Protect from Death or Heavy Hospitalisation up to 95%"... (F.ex., See, inter alia, Also Official Motivation in Text presented to the Highest Administrative Court, "Conseil d'Etat", in the Middle of 2021, etc). >>> But, then, What to say, f.ex., for China's "Classic" Vaccine "CinoVac", which Protects People's Lives or Health from Death or Heavy Hospitalisation reportedly for Up to ..."100%" Each (sic !), according to Official Data of the "WHO" itself, Published since the End of August 2021 ? (It may be true that, Aged People's situation wasN't, reportedly, Sufficiently examined yet in these cases. But, then, all Other Ages are, already, OK).

      Meanwhile, however, the Absolute Majority of Anti-COVID Virus' Vaccines having Reached the 3rd, Final Stage of Tests, are of a "Classic" Technology, similar to that of World-Famous Inventor Louis Pasteur, i.e. already Known and Tested during almost 2 Centuries since his birth : 1821-1921 (See : http://www.eurofora.net/newsflashes/news/majorityvaccinesclassicbutnotyeteu.html). But None among them hasN't been Yet Authorized by EMA inside the EU... Not Even those which have been Authorized by the WHO, f.ex. as China's CINOVAC + CINOPHARM, etc ! And that, Despite even German CDU/CSU Health Minister Span's recently Expressed view that the Authorisation of, at least, Some "Classic" Vaccines, would Incite several Hesitant People to get Vaccinated... And/or Despite the Fact that Countries where such a Plurality and Diversity of Vaccines exist, Included of "Classic" Technology, i.e. Based into Stimulating the Natural Human Immunioty System, (in Addition to Public Health Protection [Non-Pharmaceutical] Measures), Tragic Errors of the Past have been Bypassed Efficiently, as Infections and Deaths have almost Stopped, (f.ex. in Hungary, San Marino, etc, added to China, etc). Contrary to those Countries where People have been Traped into the Narrow area of Only 4 Fake "Vaccines" affecting the Human Genome, (as Most EU Member States, Until Now, UK, Israel, the USA, etc), where the Deadly Virus Explodes, according to WHO's Official Data...

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

    Meanwhile, in order to practicaly Facilitate Citizens' Access to the ECHR for the Judgement of such cases, during the few Time still Available Before the Situation becomes Too Hard for those affected, ECHR took,; Today, the Exceptional Initiative to Publish even :

- (1) a Video-Guide on how to Lodge Applications in Strasbourg, (2) added to an Overview of All its current Case-Law on Issues concerning the Virus' Pandemic Crisis, and (3) an Analysis of "Interim" Measures, that EurJudges can take in case of Urgency, (including via Critical "Questions" Raised to Governments, as those which were used in Today's above mentioned affair)...

Interestingly, on this occasion, the ECHR reveals that, Recently, its Case Law Multiplied the Number and the Categories of Cases in which EuroJudges accept to Take "Interim Measures" in order to Face Urgencies Seriously Threatening to Provoke Irreversible Harm.

In other words, they, indirectly but Obviously, Warn that they Might Soon take relevant "Interim" Decisions asap, withOut having to Wait until a Final Judgement, probably Also in such Cases of Compulsory Imposal of a few Controversial "Vaccines" Affecting the Human Genome, (while Still Excluding all the Others)...

Inter alia, this Might become Necessary Also because of an Astonishing Spread of "Hate Speech", recently, against Dissidents, (Scandalously Including often Even Public Officials fuelling Intolerance), which can Obviously Undermine elementary Human Solidarity, pushing towards Dangerous Hate even inside Socio-Medical and/or Public Hospital areas, considerably Aggravating Risks against Human Health and Lives.

 

 

(../..)

 

("Draft-News")

 

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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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