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Home arrow newsitems arrow ECHR President Raimondi+ to EF on Cyprus' Refugees Judgements Implementation : "Trust" CoE to move

ECHR President Raimondi+ to EF on Cyprus' Refugees Judgements Implementation : "Trust" CoE to move

Written by ACM
Monday, 21 November 2016
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*Strasbourg/CoE/Angelo Marcopolo/- European Court of Human Rights' new President, Guido Raimondi, speaking to "Eurofora" in the CoE, almost at the Same Time that a Final Push was reportedly prepared at Crucial Nearby UN sponsored Top level Talks for the ReUnification of Cyprus, on the Geneva-lake's "Pilgrim Mountain", stressed that, in his view, we should all "Trust CoE's Committee of Ministers" for the Implementation of ECHR's Judgements on Greek Cypriot Refugees/Displaced persons.


That key Human Rights issue, (which affects an estimated 190.000 of Greek Cypriots obliged to flee from their Family Homes, private Properties and Ancestral Land, since the 1974 Turkey's Military Invasion and Occupation, and still Hindered to Return, not even hav Access to their belongings, Despite a well established ECHR case law, already since 1996 and 2001, etc, in Both Individual and Inter-State cases, more Recently Coonfirmed and Further Explicitated in more Concrete Terms also by a Landmark 2014 Decision of ECHR's Great Chamber), is currently at the Focus of still on-going UN sponsored Inter-Communal Talks at nearby Switzerland, particularly in relation with an Expected Agreement on Territory, that might, Hopefuly, open a road for a Multilateral Internatiobal Summit, due to deal with the Security Issues for a Comprehensive Political Solution, according to pertinent UN SC Resolutions, EU Law, and CoE's Values and Rules.

 

 

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Raimondi had earlier said that, nowadays, the CoE is Advancing quite well in the process of Developing Adequate "Tools" in order to Ensure, also in Real Practice, that ECHR's Decisions can be Taken nd Implemented on Time.


But Turkey is the Only "Western" world-oriented Country which has an Exceptionaly High Number of ECHR Judgements still Pending for Execution, for Many Years, most of which concern "Serious Violations of Human Rights", (Unlike f.ex. Italy, whose Delays concern, Comparatively, much more Lenient matters), he acknowledged.


Another, and much More Tragic Human Rights Issue, still Pending for Execution of ECHR Judgements which have Condemned Turkey's Authorities too, is that of about1.500 Greek Cypriot "MISSING" Persons, Strasbourg University's Professor at International Law, and Experienced former Long-Time EU Council's Legal Director in Brussels, Jean-Paul Jacqué observed spontaneously, speaking also to "Eurofora", earlier this Noon.


But, particularly since a 1997 Inter-Communal Agreement, brokered also during Cyprus' Talks under UN auspices at nearby Switzerland, in Montreux/Glyon city, (by a Symbolic Coincidence, very Close to nowadays' "Pilgrim Mountain" Top level Talks, oriented the "Missing" Persons' Human Rights matters among the so-called "Humanitarian" affairs, i.e. out of the mainly Political Top Talks.


Meanwhile, ECHR has  notoriously Condemned Ankara's authorities repeatedly for "Continuous" Violations of Both Refugees/Displaced Persons and "Missing"Persons and their Families' Human Rights, CoE's Committee of Ministers, whose Statutory Duty is to "Supervise the Execution of ECHR's Judgements", hasn't yet taken any really Convincing Measures vis a vis Turkey's reluctactance to act, except from several official "Calls", "Appeals", and other "Resolutions", which had a rather Limited Result until now, since Ankara still persists to drag it feet, (Comp., f<;ex., recently : ....).


President Raimondi, reminded, however, that, in Addition to certain Individual Measures, whenever a CoE's Member State is Condemned for Violations which "Reveal also a mich Wider, "Structural" Problem, then, it must also take some Sufficient "General Measures".

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+ But, Experienced, former CoE's Secretary General, Catherine Lalumiere of France, (a Socialist University Professor, from the same Governing Party as French President Hollande), who had Earlier observed, Criticaly, the Fact that a really Efficient Implementation of ECHR's Judgements "required also Political Will", added Now, in Reply to a relevant "Eurofora" Question, that, in her view, CoE's Committee of Ministers' above mentioned Statutory Duty in itself, wasn't always enough in order to ensure a Serious and Timely Implementation of ECHR's Judgements, but it was "Also Something Else, that was Needed" for that purpose, in fact.

 

 

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Lalumiere said that, also at the CoE, just 1 Day before Cyprus takes over the rotating Presidency of the PanEuropean Organhisation of Human Rights, Democracy and Rule of Law, Tomorrow in Strasbourg, Tuesday 22 November 2016, in a Special Event of its 47 Member States strong Committee of Ministers, for which, the Experienced, Long-Time Cypriot Foreign Minister and former EU Parliament's MEP, Ioanis Kasulides, has just Arrived from Switzerland to France.


The Exceptional Importance of that Event is obvious also from the Fact that the Latest Time that Cyprus' Chaired the CoE was ...More than 22 Years Ago, on 1994-1995, (Comp. "Eurofora" co(Founder's various Publications from then).


Cyprus' CoE Presidency durates from November 2016 up to May 2017, included. But, as far as ECHR Judgements' Implementation is concerned, following an Established Practice, it will pass over that Specific Chair to Denmark, who will be its Successor at the General, Committee of Ministers' Chairmanship, approximatively from June 2017.

 

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+++ However, CoE's Director General for Legal affairs and Human Rights, Philippe Boillat from Swiitzerland, speaking Previously with "Eurofora", revealed that CoE's Committee of Ministers, which had recently, Suspended, exceptionaly, any Further Examination of the Issue of ECHR Judgements Implementation in the cases of Greek Cypriot Refugees/Displaced Persons, had only done so, in order to "Help" the UN sponsored InterCommunal, Top level Talks, at nearby Switzerland, to Hopefuly Advance towards an Agreement for Cyprus' ReUnification, which would appropriately include also that Human Rights' Issue.


=> We (CoE) are Following how that situation evolves, and, naturaly, if there is not sufficient Progress made there, we are Ready to Resume Consideration on that matter, and possibly Take adequate Action, Boillat warned then, in Reply to a relevant Question raised by "Eurofora", while the PanEuropean Organisation's Committee of Ministers has, in parallel, Fixed already a Date in order to Re-Open anew the Greek Cypriot Refugees/Displaced persons' issue as far as the Long-Awaited Implementation, by Turkey, of ECHR Judgements is concerned, during the First Months of 2017.

(../..)

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    EU Rapporteur on Enlargment Strategy, maistream German MEP Elmar Brok, speaking to "EuroFora", welcomed the proposal made earlier this week by French President Nicolas Sarkozy for the EU to"start Now Talks with Turkey to create a common Economic and Security area", instead of full Accession, at a period when Ankara looks more and more unfit and/or unwilling to respect EU conditions.

    - "For Europe to have strong Political will, it must stop dilutiing itself in an endless Enlargement. It must have borders...Diversities enrich, on the condition that they don't undermine European Cohesion, and don't weaken EU Unity", Sarkozy stressed.
    
    - "Countries like Turkey share a part of common destiny with Europe, with which they have a vocation to build a Privileged Relation, to be closely associated, but not to become Member of the EU"  : "Noone respects his friends by telling them lies. Noone respects his friends by making them promises that will be never kept", he added.

    That's why "we'd better start, from now, negotiating with Turkey to create a common Economic and Security area", Sarkozy proposed.

Significantly, the French President was repeatedly and largely applauded by EU citizens, 3 times, when he made the Turkey point, (strategically placed between Europe's "Political Will" and its cultural heritage, historically open to mutually enriching dialogue with all the World, but never diluted).

    - "We could propose such a great ambition also to Russia, which must not be percieved as an Adversary of Europe, but as a Partner. Thus, we'd create a wide area, of more than 800 Million inhabitants, sharing the same Security, the same Prosperity", he concluded.

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    Sarkozy's move was anounced at the eve of a Franco-German Top meeting with Chancellor Angie Merkel in Berlin on Sunday, to jointly launch the EU Elections campain, after an EU Summit at nearby Prague, to launch a new kind of relations, called "Eastern Partnership", with neighboring countries such as Urkaine, Belarus, Moldova, Georgia, Armenia, Azerbaidjan, etc, (to which Russia, reportedly, is not - and does not want to be - included).

    As for Ukraine, which has already expressed her wish to join the EU in future, "Kiev will have a special place, and a very important role to play", replied earlier this week in Strasbourg, to an "EuroFora" question EU Chairman in office , Czech vice-Prime Minister Alexander Vodra.

    - "This direction is more Realistic for Turkey than Accession negotiations", reacted immediately EU Parliament's Rapporteur for Enlargment Strategy, mainstream German MEP Elmar Brok, commenting Sarkozy's idea for "EuroFora"

     Particularly "as far as it concerns the respect of EU Rules by both sides", he added, hinting at Turkey's now obvious inability and/or unwillingness to abide with EU Acquis, EU Commitments (fex. on Cyprus, etc), and European Democracy/Human Rights rules. (Comp. infra).

    Brok added that, in his view, a similar proposal might be made also to Ukraine and other neighbouring Countries, regardless if they have, or not, a "European vocation". This would not necessarily mean that there couldn't be any accession prospects at all." for all the countries that might be included in this area, according to Brok.  But it's preferable, particularly for Turkey, "because it's a more Realistic approach than full Membership".

    On this point, Sarkozy's proposal, (which he'll share with German Chancellor Merkel), seems more crystal-clear.

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    - "Turkey does not fullfil EU Criteria, and will never fullfil EU Criteria" on Human Rights, Democracy and Rule of Law. "Some have been lying to Ankara, but we must tell the Truth, and have honest and close relations with her", said meanwhile to "EuroFora" on the same issue also the President of EU Parliament's largest Group of MEPs (ChristianDemocrats/EPP), Joseph Daul.
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"Hot" Debate at EU Parliament reveals CHANGE of mood towards "Suspension" of EU - Tukey talks.
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    Earlier this week, many MEPs, and even some of those who were previously in favor of Turkey's controversial EU bid, strongly criticized the persistance and even aggravation of serious Human Rights violations in the country, that ECHR continues to "unanimously" condemn ":

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     At the same time, "more than 1.500 Children are closed in Turkish Prisons", she added. "What will the EU Commission do" against these facts ?

- "Turkey appears to be at greater Distance away from Copenhagen Criteria after 4 Years of accession Negotiations, than when they started !", denounced on behalf of the Liberal Group, German MEP Alexander Lambsdorf.    

"On the central issue of Press Freedom, Critical Journalists face obstacles for their accreditation, others are prosecuted, condemned, fined and/or jailed, Media blocked or closed", he denounced.   

 - "EU Made 2 grave Mistakes with Turkey : To start accession negotiations, and to continue them", despite everything, criticized Dutch MEP Bastian Belder, on behalf of the Ind/Dem group.

(../..)

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