ECHR President Costa to EuroFora on Cyprus Refugees: Rights may be reinforced if there is No Progres

Replying to "EuroFora"s questions at the Annual 2011 Press Conference of the PanEuropean Court of Human Rights, one Day after UNO's Secretary General Ban Ki Moon spoke on Cyprus' issue at Geneva (see "EuroFora"s NewsReport from the spot), EuroCourt's President, Professor Jean-Paul Costa, agreed, in substance, that its case law on Refugees/Displaced Persons' Human Rights in Turkish Occupied Cyprus might have to change, in order to be rectified and become anew as strong as it was initially, if there is no real progress for a Political Solution of the overall Cyprus' issue, particularly because of Turkish side's attempts to exploit a recent softening of some ECHR's rulings, which raise issues of "Coherence" with its traditionally protective case-law, at the same time that EU's Court of Justice at nearby Luxembourg starts growing in importance after Lisbon Treaty's entry into force, together with EU's Charter of Fundamental Rights, which overlaps also in this area, risking eventually to result in a 2-speeds Human Rights' level of protection, otherwise.

ECHR's President reacted particularly to UNO SG's statements at nearby Geneva, evoked by "EuroFora", and expressed the hope that his optimistic appreciation about a "Progress" in the ongoing Peace Talks for Cyprus' ReUnification will produce real effects, or else, ECHR might have to act :- "So, I hope that what BKMoon said yesterday in Geneva shows the right way .. I can't say more, Today" on that delicate issue, Costa stressed in conclusion, obviously reserving a possibility to react according to developments in the Future. In particular, "if the club is curbed at the extreme opposite, i.e., if the Turkish side denies so much G/C Refugees/Displaced persons' Human Rights, that this might become an Ostacle to Peace", as "EuroFora" asked Costa, then, "we (ECHR) might Change our (recent) case-law" , ECHR's President warned.

Costa admitted, in substance, that ECHR had softened its traditional case-law on Refugees/Displaced persons in Cyprus practically hoping to facilitate a Political Solution of the overall Cyprus' issue, but did not deny "EuroFora"s warning that, if Turkey persists into excessively exploiting that by making intransigeant claims seriously and disproportionaly detrimental against Cyprus' Refugees/Displaced persons, provoking another obstacle to a political solution of the overall Cyprus' issue, then, ECHR would have to reconsider its recent controversial rulings and perhaps restore, in one way or another, the strong legal protection that IDPs of Cyprus had in ECHR's landmark traditional case-law, which had inspired also UNO's famous "Pinheiro Principles", according to an Official UNO Booklet destinated to all Refugees/IDPs around the world.
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- "Yesterday UNO SG Ban Ki Moon in Geneva, after opening World's Human Rights Council, dealt with Cyprus' issue, where,  independently of its Political aspects, one of the thorny points is that of Refugees/Displaced Persons' Human Rights", "EuroFora" observed from the outset in our 1st Question.        

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- "The Turkish side apparently considers ... that most of ECHR's traditionnal case-law on Refugees/Displaced persons, dating since 1994-1996, has been very much Pushed aside, despite landmark decisions of ECHR's Full Plenary taken by more than 20 or 30 EuroJudges" from all over Europe then, just "by a few recent, controversial rulings of only 6 or 7 EuroJudges. So that now, almost everything would have been pushed aside, in order to deal with it purely Politically, without even speaking about Human Rights", unless, perhaps, as simply .. "Technical" matters to be dealt with by "Experts", according to some expressions used yesterady in Geneva under Turkey's obvious pressure, which may be dangerous also on other cases"

- "Do you think that, as a matter of general principle, in these as well as in other cases, ECHR's Grand Chamber, (since ECHR's Historic "Plenary" doesn't exist no more), is Free ...to eventually reconfirm a crystal-clear support for Refugees/Displaced persons' Human Rights, as ECHR's traditional case-law initially did, or are you now (ECHR) Blocked, and hindered to Rectify ?", "EuroFora" asked.

- Such a move might go "particularly if ECHR observes that one of those recent controversial rulings might become an "Obstacle to Peace, (because if such opposals to ECHR's traditional case-law were lifted, Peace Agreements would be Easier, at least for Greek Cypriots)", we noted in this regard.
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+ Meanwhile,  "at the same moment, (i.e. while Turkey tries to exploit on Cyprus some recent Deviations from ECHR's traditionally strong stance for Refugees/Displaced persons : See supra), EU's Lisbon Treaty" recently entered into force (12/2009) together with EU's Charter of Fundamental Rights. Thus, a Risk for a "2 Speeds" case-law on Human Rights might emerge, particularly if ECHR lowers its standards, while, on the contrary, EU's Court of Justice in Luxembourg, inspired both by ECHR's traditionally Higher standards, and EU's Charter on Fundamental Rights, may develop a Higher-level protection for EU Citizens' Rights, "EuroFora" warned.
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"EuroFora" also asked Costa to excuse us for the exceptional circumstances in which this question was raised, because of unprecedented harassments when we were trying to return urgently from Geneva to Strasbourg to be present at ECHR President Jean-Paul Costa's Annual 2011 Press &éConference, early next Morning in Strasbourg, after UN SG Ban Ki Moon's High Level meeting on Cyprus, (See Draft NewsReports from Geneva, already sent to "EuroFora"'s Subscribers/Donors), depriving us even from the elementary time for elementary sleep overnight, (threatening to hinder us to participate at ECHR's Annual 2011 Press Conference or, at least, undermining our participation by the provoked ill-treatments we suffered overnight)..
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  - "Cyprus' issue is extremely complicated, as You know, (and) the (enforced) separation of the island persists now since more than 36 Years (i.e. since the 1974 Turkish Military Invasion and on-going Occupation), and there are many Pending Applications at the ECHR, against Turkey, but also against Cyprus' Republic", Costa started to reply.

    - "I wouldn't like to enter into details on these affairs, because they are still Pending, and we don't know yet how these cases will conclude", ECHR's President carefully replied to "EuroFora"'s 1st Question, otbviously keeping the Future open to eventually differend, new developments...

    - At any case, indeed, "we are trying, inside ECHR to maintain the Coherence of our Case-Law", he acknowledged, in reply to "EuroFora"s observation on a few recent, controversial decisions of some simple 7-member Chambers, which gave the impression to lower ECHR's traditionally High Standards on Refugees/Displaced persons' Human Rights, (See supra). s- This is a must "particularly as far as it may also concern all the other 47 CoE Member Countries", Costa admitted, apparently agreing with "EuroFora"s critical observation (See supra) that if ECHR gave any impression to lower its standards on Refugees/Displaced persons' Human Rights, this might be "Dangerous also for other cases", throughout all Europe and beyond.

    - "But the beginning of Your Question makes me think at what I've already said, i.e. that Political Conflicts can be solved in an Easier and more Efficient way, by Political instead of Judicial means, f.ex. by applications to the ECHR" ... "And I've also heard from the various parties involved in the Cyprus' issue, several times, the estimation that it's not ECHR which might ever settle the situation existing at the island, nor even the situation of Human Rights' Violations committed at the island (of Cyprus), but a(n initially) bilateral and (afterwards endorsed by a) multilateral agreement" (at an International Conference).

 - However, even today, on 2011, ECHR still has to deal with "many cases of Human Rights Violations which are the direct result of Conflicts" as "in Turkey and Russia", even there where "the situations have ameliorated meanwhile", as well as with "2 InterState applications on conflicts between Russia and Georgia, where it's clear that the 2008 conflict provoked Human Rights violations, probably from both sides, even if we'll be fixed on that when a decision will be taken", asap., Costa observed earlier.
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    >>> Therefore, the main thrust of ECHR President's reply to "EuroFora"s question focused on another, more concrete and topical point, of great interest during the forthcoming Weeks/Months :

    - Specifically on Cyprus, "I read yesterday in the Press the statements made by (UNO's SG) Mr. Ban Ki Moon", (See "EuroFora's DraftNews, already sent earlier to Subscribers/Donors), Costa went on to add.

    - "He (UNO's Secretary General) is usually a Cautious man, but there he appeared Optimist, concerning the "Progress" made by the on-going (intercommunal) Talks in Geneva", ECHR's President observed.

    - "So, I Hope that what (UNO's SG) Mr. Ban Ki Moon said Yesterday in Geneva, shows the Right Way, and I can't say more, Today", Costa stressed in conclusion, for the Moment, obviously keeping his cards Open for the Future, by (indirectly but surely) indicating that EuroCourt's stance would change if it found, f.ex., that the Turkish side might obstruct a solution for Cyprus' reUnification, eventually by exploiting ECHR's current restrain on Greek Cypriot Refugees/Displaced persons' Human Rights, as "EuroFora" denounced (See supra).

    - "If the club is curbed at the extreme opposite, i.e., if the Turkish side denies so much G/C Refugees/Displaced persons' Human Rights, that this might become an obstacle to Peace, can't you (ECHR) do something ?", "EuroFora" asked anew President Costa, Sspeaking off micro, after the end of ECHR's Press Conference,

    - "We shall see. If that's the case, we might Change our case-law" (revirement), ECHR's President made it clear in reply to "EuroFora"s explanatory question.
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    - "Concerning another part of your question, (See supra : on risks for a "2 Speeds" Human Rights case laws, if ECHR lowers its traditional standards, while ECJ develops stronger case-law with a "Higher" protection of EU Citizens' Rights after EU's Lisbon Treaty and Fundamental Rights' Charter's entry into force : See supra), "I don't think that there is a risk of  Diverging Interpretations between that of EU's Charter on Fundamental Rights and the PanEuropean Convention of Human Rights, but, precisely, one among the aims of EU's accession to the PanEuropean Convention on Human Rights, is to try to Harmonize up to the maximum, the interpretatuin of these 2 Documents, because, as I've just said, they overlap many times, almost at 90%", Costa told "EuroFora" earlier.     

    - "Now, on the question you raised, concerning particularly Cyprus' (Refugees/Displaced Persons' Human Rights) case, I don't see, for the moment, (for the Time being), a Risk of Diverging Interpretations. But we shall really see (what might happen) in the Future", ECHR's President concluded cautiously, i.e., without excluding anything in the forthcoming years...
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    - Meanwhile, indeed, "National Courts found it sometimes Difficult to follow ECHR' case-law's Changes", and that's why we organized now, in 2011, a Seminar dedicated to EuroCourt's  "Evolutive Interpretation",  another Key ECHR's Official told "EuroFora"  in addition, after "EuroFora"s criticism also the recent controversial "softening" of ECHR's case law, with less protection than before for Refugees/Displaced persons in Occupied Cyprus, etc., contrary to EuroCourt's traditionally "strong" initial case-law. (See supra).