english french german greek italian lithuanian russian serbian spanish
Home arrow newsitems arrow ECHR on Hrant Dink: Turkey knew Murder Plan but didn't protect, + covers with Impunity many involved

ECHR on Hrant Dink: Turkey knew Murder Plan but didn't protect, + covers with Impunity many involved

RTF PDF Print Email
Written by ACM
Tuesday, 14 September 2010

 

imag0610_400


ECHR denounced that Turkey had persecuted the Murdered Journalist, indirectly but surely, because he dared Criticize the Turkish State's Negationism on the 1915 Armenian Genocide, condemning Ankara's Authorities not only for blatant failures to protect his Life, even if they knew that he was seriously threatened, and by whom, before the Killing, but also for violating his Freedom of Speech.

Moreover, Turkish State's Agents knew the Plan to Murder the dissident Journalist, but did nothing to prevent the killing, (on the contrary, they even cooperated with would-be Killers into jointly Persecuting and slandeing the Victim to the Courtts !), and Turkish State Agents are also among several individuals involved in the affair of the cold-blood killing, both before and afterwards, in one way or another, but the Turkish State still persists until Today (2006-2010) to scandalously cover up all their Crimes and/or wrong-doings with a continuing total Impunity, as ECHR's judgement, rendered after 2 successive applications lodged to Strasbourg by the victims' Family, in fact revealed today :  


That's why  ECHR condemned Turkey for multiple Violations of the Right to Life and to Freedom of Expression, ordering it to pay more than 133.000 € to the Victim's Family for various damages and expenses.


Turkish Government's failure to clearly promise that it willl, at least now, really investigate the cold-blood Murder of dissident Armenian Journalist Hrant Dink, to find and punish all those involved, and stop harassing or intimidating critical Journalists, after a stunning Condamnation of Ankara by ECHR, which denounced that Turkey had grossly failed to protect the Journalist, even if it knew that he was threatened, and didn't properly investigate his Murder, even resticting and hindering enquiries asked by the Victims' Families and Friends", that,  "Turkey now has an unambiguous duty to reopen the investigation and cast the net Wider than those currently on trial", because "both legal obligations and Justice require addressing (Turkish) State ...possible Collusion in the Killing", and, in addition,  "If Ankara is serious about implementing the ruling, it needs to End Restrictions on Free Speech by repealing restrictive laws and protect the Right to Speak out."

But Turkish Foreign Ministry reacted only by merely claiming that 'efforts"(sic !) to implement the ruling and ...measures to prevent Future violations, would be decided, without saying nothing about efficient investigations to find and punish all those involved in the cold-blood Murder, nor on stopping harassing and prosecuting critical Journalists, as ECHR found that Ankara did also on Hrant Dink's and many other cases.

-  "Successive Turkish Governments have responded to judgments by the European Court holding Turkey in violation of the European Convention on Human Rights by paying (a) ..compensation to victims, but without taking further steps to implement rulings. In cases where the European Court has held Turkey responsible for violating the right to life, Turkish authorities have repeatedly failed to reopen investigations or to take concrete steps to identify those responsible for killings", Human Rights Watch's officer, Emma Sinclair-Webb, denounced.

Moreover, ECHR found that Turkey is frequently condemned by ECHR for scandalous Journalists' Murders, totalling, alone, almost a similar level of the Number of such Condamnations for Press Killings, as.... all other CoE's 46 Member States : More than 60 compared to about 80 cases, even parts of Turkish Press reportedly denounced.
-----------------------

The murdered Journalist had been earlier condemned by Turkish Courts for "insulting Turkiness", as they claimed.

But the applications to ECHR, lodged by the Victim's Wife and 2 Children, as well as his Brother, didn't protect not even them : After Hrant Dink's Murder, his Son was notoriously threatened to be prosecuted by similar Turkish Authorities' methods as his killed Father..

In one of his Articles, the Victim had "mentioned the Armenian origins of the adoptive Daughter of Ataturk", the founder of Turkey, born in Greece, "provoking Teactions, such as Demonstrations, Threatening Letters, etc, of which the Authorities were informed, by Extremist Nationalistc groups, who saw .. an attempt to turnish Attaturk's reputation".


But, instead of taking measures, on the contrary,  "Istanbul's deputy Prefect had warned him that the Security Forces couldn't guarantee his Safety, if his Newspaper continued to publish Articles provoking such reactions" ! I.e. instead of protecting the threatened Journalist, he had, on the contrary, even aggravated the threats against him, obviously pushing to muzzle...


Worse : Those who demonstrated and threatened Hrant Dink, from an Ultra Nationalist Turkish Group, instead of being arrested, on the contrary, were even ... allowed to intervene in Turkish Courts' prosecution against their own victim !
The Turkish Court's prosecution against the Journalist didn't stop but only after he was Murdered, on January 2007...


Scandalously, Turkish Authorities had been even officially informed that some supects were preparing to kill the Journalist, and that this was "probable", but they abstained from taking any measure whatever to try to protect the victim.


But all procedures against those Turkish Policement who knew that the Armenian Journalist was threatened by Death, and did nothing, between 2006 and 2007, were suspended or rejected in 2007-2008, ECHR denounced..


Scandalous Turkish Police's complicity with the Murderers went so far that, even after the bloody Killing, "some Turkish Security Agents ..... took their Photos in the company of the Killer, holding a Turkish Flag, in front of an inscription saying that "Motherland (Turkey) is sacred, and its fate cannot be left to chance", ECHR's judhemennt denounces.


The Murdered Journalist's Family accused Turkey in front of the ECHR, to have "exposed" him  ton Death risks, despite knowing the threats, and stressed that this was "part of a Series of Aggressions, organized by Turcs Extremists against members of Religious Minorities".


ECHR observed that the Turkish Authorities "were informed of an Intense Hostility, by UltraNationalist Turkish Groups, during the period of Time before he was murdered", mainly "because they found in his articles an attempt to turnish Attaturk's image", and they had even joined the Turkish Courts' prosecution accusing the Journalist to "insult Turkiness"...


But, Turkish Police, long before the tragic events, "knew that a Murder was probable, and even the Identity of its suspected instigators", ECHR found out.


- Astonishingly, "the instigators of Hrant Dink's murder ... had even spoken about their Plans in Public (!) to many People around them, had shown the Photograph" of the Journalist, clearly "designating him as the man to kill, had Tested in open air the Gun of the Crime, and had Planified the attack in a CyberCafé", ECHR denounces !..


- "Therefore, (Turkish) Authorities knew, or should know, that ..Dink was particularly exposed to become victim of a Deadly Attack", and that "this Risk was Real and Imminent", ECHR observed.


- But "Noone, among the 3 (Turkish) Authorities", who "knew" (See supra) and "were concerned by the Protection of the victim's Life", "did Not react in order to Prevent the Murder, ... despite the fact that they had been Informed of his Planification and Imminent execution", ECHR denounced.


+ Moreover, even after the Murder, (i.e. during the 2008-2010 period), ECHR found that ... "ALL procedures", raising the Responsibility of the Turkish Authorities which had so blatantly failed to do their duty to protect the threatened Journalist (See supra), had been either "Stopped", "Rejected", or Time-barred !


In addition, those empowered to decide on possible Sanctions for such blatant Failures to protect Human Life, were "not independent" from the Turkish Police, and "the Victim's Family weren't associated in the procedures against those Turkish Officers", while even "Suspicisions that a Turkish Police's Chief would have revealed his own UltraNationalistic views and supported the suspected Killers", "were not seriously investigated", ECHR also found.      


Therefore, ECHR concludes that, by droping all the Penal Law procedures against those Responsible, among Turkish Authorities, for blatantly failing to protect Hrant Dink's Life, is another Violation of the Human Right to Life, which implies, on the contrary, that an Efficient Investigation must be done to Identify and.. Punish those responsible for such grave failures


+ As a matter of General Principle, "ECHR reminds that Freedom of Expression is an Essential CornerStone for a Democratic Society", and that "this goes not only for Inoffensive or Indifferent "Informations", received favorably, but also for those who Oppose, Shock or create Concern in a State or in a part of the Population", while "the Press plays an Eminent Role in a Democatic Society : While it mustn't go beyond certain limits, mainly for the protection of (individual Person's) Reputation, it has, nevertheless, to communicate .... Informations and Ideas on all Issues of General Interest", "even with a dose of exageration or provocation".


>>> ECHR found that Hrant Dink's publications on the 1915 Genocide and Armenian Identity, were not a "Hate-speach" against the Turks, and therefore, by declaring the Journalist "Guilty for his words, the (Turkish) Courts punished him, indirectly, for having criticized the fact that the (Turkish) State ...denies the 1915 Genocide".
But, on such Political or General Interest issues, Admissible Criticism is much Larger, than in the cases of Individual persons, ECHR clearly confirmed also regarding the Armenian Genocide.


- Hrant "Dink was speaking as a Journalist", "dealing with Issues related to the Armenian Minority", and, "when he expressed his Contempt against some behaviors that he considered as a Negation of the 1915 Incidents, he simply communicated his Ideas and Views on an Issue of undeniable General Interest in a Democratic Society", in which, "it is of paramount Importance for the Debate engaged on particularly Grave Historic Facts,  to unfold in Freedom", also because "the Search of the Historic Truth, is an integral part of the Freedom of Expression", ECHR clearly stressed.


Moreover, ECHR concluded that the Persecution and Condemnation of the Journalist by the Turkish Authorities, taken in conjuction with the total Absence of any Measure to Protect him against dangerous Aggressions of Turkish Extremists, was a supplementary Violations of his Right to Freedom of Speech.


After such blatant ECHR's 2010 findings, it will obviously become even more Difficult for the EU to contine to pay such Turkish Authorities by wasting, each Year, many Hundreds of Millions € from EU Taxpayers' Money, (including from Poor People, obliged to pay VAT+), particularly during this Hard period of Global Financial and Economic Crisis, when, on the contrary, urgent Investments to Innovative High Tech. are EU's Top Priority among the growing Global Competition, while, in Turkey, even softly Critical Journalists as Hrant Dink are so abusively Persecuted and Murdered, with a Scandalous Impunity of all those Responsible for the cold-blood Killing, all along 2006-2010 !...

Interesting and timely (and, above all : obviously Justified, if not Necessary) .."Food for Thought" for EU Parliament's forthcoming Debates and Votes f.ex. on the 2011 EU Budget...

***

(NDLR : Fast Translation from the Original ECHR Judgement, which is exclusively in French)

***

 

Main Menu

Home Press Deontology/Ethics 2009 Innovation Year EU endorses EuroFora's idea Multi-Lingual FORUM Subscribers/Donors FAQs Advanced search EuroFora supports Seabird newsitems In Brief European Headquarters' MAPs CoE Journalists Protection Platform
EUHorizonSMEtool

BRIEF NEWS

Popular

Latest News

Statistics

Visitors: 67366877

Archive

Login Form





Remember me

Lost your Password?
No account yet? Create account

Syndicate

RSS 0.91
RSS 1.0
RSS 2.0
ATOM 0.3
OPML

Other Menu

 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 :
----------------------------------

imag0103_400

    - "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.
------------------------
                     

Polls

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 ?

Results

SMF Recent Topics SA

PHP WARNING 
PHP WARNING 
PHP WARNING 
PHP WARNING