

ECHR President Raimondi to EF: Infringement process v. Turkey for DisRespect of Judgements on Cyprus

*Strasbourg/ECHR/Angelo Marcopolo/- Among various possible Measures, CoE's Committee of Ministers should launch an Infringement Proceeding against Turkey for blatantly and repeatedly Refusing to Cooperate in ECHR Judgements' Execution at several Cases concerning Cyprus' Refugees/IDPs and even "Missing" People, (See, f.ex.: http://www.eurofora.net/newsflashes/news/turkeuyrefusescooperationwithcoe.html + http://www.eurofora.net/newsflashes/news/turkeypersiststodisrespectechrjudgementsoncyprus.html , etc), Replied Today in Substance, indirectly but clearly, ECHR's President, Guido Raimondi, to a relevant Question raised by "Eurofora", during his Annual Press Conference for 2019, where he found Ankara's stance "very Regrettable".
Such Infringement Proceeding, as that suggested now by Pesident Raimondi, against a CoE's Member State which Fails to fullfil its Obligation to Abide by any ECHR Judgement to which it is Party, has Entered into Force already Since 2010, but its First ever Use Started just from December 2017, in a case concerning Afghanistan. There Baku's Government had reportedly delayed about 3 Years (2014 - 2017) to apply ECHR's ruling on a jailed dissident, while Turkish Authorities notoriously delayed around a Decade, or even More, since relevant Judgements on Greek-Cypriots Refugees/"Missing" Persons' cases, where Applications may have been lodged to ECHR as Early as, already since the 1990ies, with result for several Victims to have, Meanwhile, ...Died, vainly Waiting for an elementary justice too long, (See, f.ex.: http://www.eurofora.net/newsflashes/news/turkeyblocksechrjudgementswhilevictimsdie.html , etc), until Turkey even Started, recently, top Repeatedly Boast that it Openly Refuses to Cooperate with the CoE on many such ECHR Judgements' Execution, unless it bowed to Ankara's Blackmail pushing to Definitively Drop certain cases... (See, f.ex. Supra + Infra).
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- "Eurofora"s Question to President Raimondi raised an Issue, which was already evoked in the Past, but has Now Reached a(n UnPrecedented) Point seen for the 1st Time, (at least personaly, i.e. during + 25 Years : 9/1993-2019 : it would be Interesting to know if you have seen anything like this) :
- It concerns Cyprus' Refugees/IDPs, (and "Missing" People, at least in a key case), on whom ECHR has already published several Well Known Judgements, with Crystal-Clear Condemnations (of Turkey), since a long Time ago, which are still Pending" for execution.
>>> "The New Problem is that, for the 1st Time, appeared a "Special" Attitude from Turkey inside the (CoE's) Committee of Ministers, Recently Repeated at least Twice (on September + December 2018 : See ... + ..., etc) : Ankara's representatives Do Not Reply to any Questions, Refuse even to Speak, do Not Participate in the Debates, they have even very Clearly said that they Refuse to intervene on the Execution of several ECHR's Judgements, that you have issued since a long Time ago, on a Series of Cases on Cyprus' Refugees/IDPs, where ECHR has pronounced itself with some Well Known Decisions, including, f.ex., on Loizidou (the remainder), Xenides-Arestis, etc, so that the Situation looks quite Blocked" (Stuck), we Denounced.
- "CoE's Committee of Ministers has naturaly taken at least 2 Decisions Reminding that every CoE's Member State is Obliged at least to try to Implement ECHR's Judgements, to Participate in efforts to do so, and to Cooperate with the CoE in that aim. But, here we have a net Refusal to Cooperate, since Turkey asks to Stop and "Close" certain Cases, and Never Deal with them, No More, so that there is an Obstruction, there", (and even an obvious Blackmail).
+ "This raises also a matter of General Principle, because Other Countries might, eventually, be "Inspired" by such an UnPunished Negative Behavior, in order to Do Alike, in the Future", we Warned.
=> "What do you think that Should be done about this ? The Question mainly concerns CoE's Committee of Ministers, But there are, probably, also certain things possible from ECHR's side, its Case-Law, and/or by using adequately some Articles of the Convention itself, etc., "Eurofora" suggested, (pointing, inter alia, also to a relevant ECHR Great Chamber's Judgement of May 2014, which had given some very Interesting Insights on various Other Cases of Cyprus' Refugees/IDPs Human Rights : See .... +..., and Infra, etc).
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- "it's, Obviously, very Regrettable", "if there is a Non-Cooperative stance by one Member State inside CoE's Committee of Ministers, during its Supervision of ECHR Judgements' Execution", Replied from the outset to the above-mentioned "Eurofora"s Question on Turkey and Cyprus, ECHR's President.
- Even if Speaking purely "from the point of view of the ECHR, which should, naturally, not interfere in Political Discussions of the Committee of Ministers", nevertheless, "I can remind that, Recently, after the entry into force of the Protocol 14, (i.e. After 2010), the Supervision of ECHR Judgements' Execution is assisted by a Legal Mechanism", he interestingly added :
- In fact, "there are §3 and §4, of Article 46, which have, Now, entrusted the ECHR with a Legal Competence in this area :", Raimondi observed positively.
=> "The Activation (triggering) of this competence has been attributed to the (CoE's)Committee of Ministers, with a Qualified Majority", (i.e. Not Unanimity), he noted.
- But "it has already Started to be used Recently, f.ex. in tha case of "Mammadov v. Azerbaijan", (from December 2017, concerning the imprisonment of a political dissident), found ECHR's Chief.
>>> So that, "in Extreme Cases, if there is a Lack of Cooperation from a Member State, on ECHR Judgements' Execution, the Committee of Ministers has always the possiblity to use that Mechanism", stressed President Raimondi.
- "That's what I can say, from the point of view of the Court", he concluded, (obviously leaving the rest to the Committee of Ministers)...
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Turkey, followed then by Poland, were the Last to Ratify that Protocol 14, which Entered into Force after 2010, (but is Applicable, in principle, to all Pending Cases).
Under the Heading: "Binding Force and Execution of Judgements", the above-mentioned Article 46 of the Revised EConvHR, clearly Stresses from the outset (§ 1) that all CoE's Member States "Undertake to Abide by the Final Judgements of the (PanEuropean) Court (of Human Rights), in Any Case to which they are Parties".
>>> And its § 4 gives to CoE's Committee of Ministers the possibility to "Refer" to the ECHR the case of any Member State which "Refuses to Abide by a Final Judgement", according to a Decision taken by a 2/3 Majority, in order to attest whether that State has, indeed, "Failed to fullfil its (above-mentioned) Obllgation".
- "If the ECHR Finds (such) a Violation", then, "it shall refer the case" back "for consideration of the Measures to be taken" by the Committee of Ministers (for Sanctions), § 5 concludes.
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It's Also by Referring to that Same "Article 46", that ECHR's Great Chamber, in a Landmark Judgement of May 2014, concerning the Inter-State Case of "Cyprus v. Turkey", has already made it clear that, as a matter of General Principle, "Under Article 46, the State Party is under an Obligation Not Just to Pay those concerned the sums awarded by the Court by way of just satisfaction, But Also to take Individual and/or, if appropriate, General Measures in its domestic legal order, to put an End to the Violation found by the Court and to Redress the Effects, the Aim being to put the Applicant, as far as possible, in the Position he Would have been in had the requirements of the Convention Not been Disregarded... Albeit connected with each other, the Obligation to take individual and/or general Measures, and the Payment of just satisfaction are 2 Distinct forms of Redress, and the former in no way precludes the latter".
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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.
- "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.
- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.
- "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.
- "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
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French EU Presidency faced 4 unexpected Crisis :
- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...
But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
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- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.
- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.
He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".
- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.
It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.
But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...
Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.
And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.
The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.
- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.
"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".
A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.
Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.
Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".
- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
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Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :
- On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".
- Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.
However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.
It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.
It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..
- "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".
"France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World". "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.
But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.
"We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.
"I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).
- "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.