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Home arrow newsitems arrow ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

Parašė ACM
Wednesday, November 29, 2017

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*Strasbourg/Angelo Marcopolo/- While, for the 1st Time in 65 Years, a Turkey's President will be Visiting Greece, where he wants to meet also with a Muslim Minority of Greek Citizens at a Province, ECHR's Great Chamber will hold a Public Hearing on Sharia's applicability in Europe nowadays, Next Week in Strasbourg, after a Complaint lodged by a Muslim Woman with Greek Citizenship who asks to Protect her Family's Right Not to be Submitted to Islamic Sharia Law, even against their Freely and Clearly Expressed Will.


Her Husband had decided, in a Will signed in front of a Notary, to leave all his belongings to his Wife. But, after his Death, some Relatives sued his Widow to the Courts, claiming that Sharia Law should Exclude the ordinary Civil Law, and, therefore, he would Not be Free to Decide about his own Inheritance, since Sharia would be Imposed instead.


The only Property, included in the Disputed Heritage, which could be used as a Home, is the Half of an Appartment, while he Widow of the Deceased Man denounces that his Relatives ask, in fact, to get for them 2/3 of her Husband's belongings.


0n August 2016, ECHR raised 2 Questions, to all parties involved, about the Respect of Human Righs to "Fair Trial" and "Private Property", vis a vis such claims to Impose Sharia Law on EU Citizens of Muslim confession, even against their will, and by Excluding the ordinary Civil Law applicable to all other EU Citizens living in Europe.


Sharia Law has been remplaced by ordinary Civil Law even inside Turkey itself, already since the 1920ies, but Ankara's Authorities reportedly persist to Claim that it should apply, nevertheless, to all the Muslim Minority with Greek Citizenship living in Western Thrace, which is part of the EU.


In the Past, such Decisions affecting Citizens' Rights in Society, as Settlements of Disputes about Alimonies, Guardianship, Emancipation of Minors, Wills and Inheritance, in addition to Separations and Divorce, etc., had been reportedly assigned to the Competence of Civil Servants appointed and monitored by the State of Greece. But after the 1920ies, they were transfered to Muslim Muftis, even if they tresspassed their strictly Religious duties.


This was Later Doubled also by a Parallel, separate Dispute, about the Choice of Muftis for the Muslim Minority of Greek Citizens living in Western Thrace (Greece), while Muftis educated in Turkey (whenever they might, eventually, officiate afterwards inside Europe, USA, or elsewhere in the World), are notoriously Chosen, Trained, Appointed and Monitored by Ankara's Government, (instead of any Independent Religious Community).


Initially, the embattled Widow won her cases to the 1st and 2nd Level Greek Courts from 2008-2011, which defended her Husband's Right to Freely Decide to whom he wants to transmit his personal Belongings, according to the Ordinary Civil Law applicable to all EU Citizens in Europe, by evoking the principles of Equality and Non-Discrimination, Freedom, Private Property, etc.


But, Later on 2013-2015, the Highest Courts in Greece accepted he Husband's Relatives' claim that Islamic Sharia Law should be Imposed to all Greek Citizens of Muslim Confession living at the Western Thrace Province, argying that this would still result from the 1920 Treaty signed at Shevres (France) and the 1923 Treaty of Lausane, as ECHR noted.


Meanwhile, the current Prime Minister of Greece, Alexis Tsipras, has reportedly prepared Recently a Draft Law which Confirms all Greek Citizens' Right to use, in Equal conditions as all other EU Citizens, the ordinary Civil Law and Courts, if they wish so, without being Obliged to be Submitted to Islamic Sharia Law, unless Members of that particular Muslim Minority ask for it.


'''Controversies against Recent Claims to apply the Islamic Sharia Law in Europe have reportedly Emerged not only in Bosnia-Herzegovina (Western Balkans), but even in core EU Member Countries cush as Germany and France (where this was Strongly Rejected), as well as (even "Hotter") in the UK, etc, almost in Parallel with the Rise and Decline of "Islamic State"'s Deadly Terrorists, cowardly Targetting innocent Civilian People in systematic Brutal Aggressions, (Decapitations, Bombings, Mass Shootings, Car/Lorry crashes over pedestrians, Axe/Knife/Manchette Attacks, etc).


So that Next Week's ECHR Public Hearing in Strasbourg has attracted a quite Widespread Attention, both accross Europe and elsewhere in the World, as far as General Principles of Human Rights may be affected, judging by Press Articles published on that issue, and the 3rd Party Interventions of relevant NGOs, such as that of "Christian Concern" (UK), Helsinki Monitor for Greece (GHM), Hellenic League for Human Rights, etc., with written observations.


Erdogan (as well as his Government's Ministers) have been notoriously Hindered to Speek in Public Meetings of Turkish Immigrants recently in EU Countries such as the Netherlands, Germany, etc., after Harsh Criticism and various Troubles, but Foreign Minister Cavusoglou was authorized to do so inside a Building in France, and now the Turkish President asked and was authorized by Athens' Government to meet Greek Citizens of Muslim Confession at a Province located near the Borders between EU Members Greece and Bulgaria with Turkey, in Western Thrace, (North-East Greece).

 

(../..)


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    The recent paradox of freezing EU Talks with front-runner Croatia, while continuing controversial EU - Turkey talks, despite Zagreb's acceptance of Refugees' Human Rights to return, that Ankara refuses fex. in Cyprus, while both have "Good Neighborhood" problems vis a vis Slovenia, or Greece, Cyprus and Armenia respectively, can it be justified by the non-fullfilment of EU criteria, as Slovenia says, or, is it "Double Standards" ?    

The question became unavoidable after statements by Presidents of Slovenia and Croatia, Tuerk and Mesic, respectively, to "EuroFora", exclusively or among Strasbourg's journalists this week at the CoE, on the sidelines of its 2009 Summer University for Political Schools, which topically brought them together as successive key-note speakers.


    Comming only a few Months before EU checks Turkey's compliance to its commitments on Cyprus, etc., scheduled for December 2009, this obviously has a special importance for the coherence of EU Enlargement's principles.

     Suspension of EU Negotiations is a normal consequence in case of a Candidate Country's failure to fullfil EU Conditions, such as "Good Neighborhood relations", stressed at first Slovenian President Danilo Tuerk, current CoE's chair.

    But, regarding EU's Criteria,  there shouldn't be any "Double Standards",  reacted Croatian President Stjepan Mesic, commenting the fact that Turkey's controversial EU negotiations continue, while they were recently "freezed" in the case of Croatia, an "unquestionably European Country", which oficially accepts to respect Refugees Human Rights, contrary to Ankara's notorious refusals or reluctance.                                       

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                                                                                                                                                                                                                                                                                                                                                           - "EU itself has set as a Criterium (for EU Enlargement) the "Good Neighborhood relations",  and their absence justifies the "Suspension" EU Negotiations, (f.ex. with Croatia), because of a Border dispute affecting the territorial integrity of an EU Member Country, stressed Slovenian President, Danilo Tuerk, CoE's Chairman in office (May - November 2009), speaking to Journalists in Strasbourg including "EuroFora".    

Questioned earlier what "consequences on EU's Enlargement policy" can have the "Ban on EU Membership Negotiations", imposed to Croatia, Tuerk replied that "this question comes down to the fulfillement of (EU) Criteria for membership. One has to look at each Candidate Country ., from the point of view whether it fullfils the Criteria that EU has set. One of them are Good Neighborhood Relations, I'd like to remind. And also, there are other factors, such as Justice, Home affairs, Rule of Law, and others".


    - "Now, ..Candidate Countries are at Different Levels of fulfillement of Criteria", he observed.

    - " Croatia is obviously the closest to that. I'm rather optimistic : I think that in the coming Months we'll have an opportunity to look at all these issues constructively and hopefully we'll be able to make progress". "My main concern, at this point, is the situation in Bosnia : We haven't seen enough progres domesticaly. We haven't seen enough during ..political parties within their country.We need a New Energy, a new energetic move towards the Candidature for EU membership. "Other (Western Balkan) Countries (Serbia, Montenegro, FYROM, Albania) have been making soaring Progress, and I think that they should be ready, in a few Years, for the Candidate status".

    - "As far as the Western Balkans are concerned, .. nobody should be left outside" the EU, Slovenian's President concluded, ommitting to mention Turkey's controversial EU bid.

    - "This process may be seen as Slow, but..  Slovenia has also has also been exposed to various "Booms of Slowness" in our accession period. But now we can say that the process was relatively quick, because changes which occur after becoming EU member, are quite large, and they require proper Preparations before the (EU) membership becomes a new factor, an impacting line for a new (EU) member country".
----------------------------

EU "Solidarity" ?
------------------------------   

Slovenian statements made some participants from certain 3rd Countries as FYROM, etc. claim that "the Principle of EU Solidarity" would "produce a.. rising European Union Nationalism (sic !), against Non-EU Countries", as they said, asking unhappy foreign countries to form a "bloc" to exert pressure on the EU...    

But Croatian President Stjepan Mesic dismissed that, supporting "EU Integration", "after the Economy also in Political" issues, as "the achievement" of our times. In EU there is "diversity, but it's United", he stressed, "EU has to be United so that it can become a central factor of Peace" also at the surrounding areas, he replied.

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Speaking later exclusively to "EuroFora", the experienced twice President of Croatia, former President of the International "Non-Aligned" movement, denounced "Double Standards" in the way EU treats recently Croatia compared to Turkey :   

 - "I think that there shouldn't be Double Standards", stressed the Croatian President, in reply to a Question comparing the freeze of EU - Croatia talks, with the continuation of EU - Turkey talks, despite the fact that Croatia is an "unquestionably European country", while Turkey's EU bid is notoriously controversial.


    Mesic was reacting to the observation that, even if he confirmed his "respect of Refugees' Human Rights to return, etc. (See infra), nevertheless, EU talks are suspended with Croatia.. While for oher, controversial candidates, who refuse to respect Refugees' Rights to return, etc., as fex. Turkey does in occupied Cyprus and elsewhere, EU negotiations continue".

    - "I believe that Croatia's accession will confirm that all European Countries who fulfill all of the Conditions and achieve European Standards, have to join the EU. There shouldn't be any Double Standards", went on to add in reply President Mesic.

    In this relation, Croatia's President found "of paramount importance", CoE's "mechanisms enforcing ECHR's judgements"
    
    - "On Refugees and Displaced persons, the process will be completed only after the last person demanding to return will be allowed to do so !", President Mesic Croatia stressed earlier, setting a general standard of obvious importance also for otherr candidates, as f.ex. Turkey, often accused to exclude or heavily restrict Greek Cypriot Displaced persons' return to their Family Homes and ancestral land, provoke difficulties to Turkish-Kurd IDPs return to their home regions at the South-East, etc.

    Some "2.000 People are still reported Missing" in former Yugoslavia, for some Years, (as in Cyprus, modern Europe's oldest case, for 3 Decades. Nagorno-Karabach, Tcecnya in Russia, etc, more recently), and Investigations "will only be completed after establishing the fate of the last one of them", he added.
    
    Speaking earlier on "War Crimes", President Mesic stressed that "Leaders are responsible for (the) Wars (of the Past), not the People", and called against Impunity :  "Individuals have to be held Responsible for Crimes. International Penal Tribunals have to persecute those individuals", perpetrators of War Crimes, he underlined.

    Such statements naturally made Mesic rather popular at ECHR, whose President, French EuroJudge, Professor Jean-Paul Costa, looked particularly smiling when he welcomed him later on Wednesday afternoon, after Slovenian President Daniko Tuerk earlier this week.
           

***

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