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Home arrow newsitems arrow European Court of Human Rights warns Oli Rehn not to miss key "details" in his 2009 Turkey report

European Court of Human Rights warns Oli Rehn not to miss key "details" in his 2009 Turkey report

Written by ACM
Tuesday, 13 October 2009

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Damning facts revealed today by the European Court of Human Rights in Strasbourg at the eve of EU Commissioner Oli Rehn's traditional TV-show tomorrow in Brussels on his 2009 Report on Turkey's stance vis a vis the conditions for EU negotiations, according to drafts leaked, clearly warn controversial Rehn that he risks to miss certain key "details", (according to rightist Le Pen's infamous formula for NAZI atrocities) :

F.ex. Persisting Impunity of Killers (apparently among Turkish State's agents) who "smashed the heads" of their kidnaped victims (including of 2 Women). Impunity of Torturers (even of Children !).  Girl aged 11 atrociously amputated of a leg by explosions of landmines placed by Turkish soldiers where children were playing, without anyone ever punished among those responsible. People arrested, prosecuted and thown to Jail without a judgement for more than a Decade, while proceedings against them are "still pending" until today : 2009 !  Children prosecuted, arrested, tortured, condemned by Turkish courts for adults.  Abuse of brutal force, torture and deprivation of liberty by Turkish Police to illegally suppress peaceful Demonstrations trying to alert the Public Opinion on the situation in Turkish Prisons where tragic events had occured. Grossly Unfair Trials, wihout even a lawyer's assistance, condeming people to many years of jail ; etc.

All these events took place after the controversial EU decisions to give Turkey a "candidate" status (1999) and to start negotiations (2004-2005), most of them still continuing until today (2009).


But, such facts, are obviously incompatible with EU's "Copenhagen criteria".

 In particular ;

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Four persons, (including 2 Women), were illegally kidnapped, shot and killed, their "Heads smashed with Stones", while suspects benefited from total Impunity and "never appear before a court", not even those who were identified by eyewitnesses, and despite the obvious "possibility of (Turkish) Security forces' involvement in the killings", denounced by ECHR !However, in such kind of cases "the public interest in obtaining the prosecution and conviction of perpetrators is firmly recognised, particularly in the context of war crimes and crimes against humanity", EuroJudges observed. (Gasyak case)

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A small Girl aged only 11 was atrociously amputated from one leg after she stepped on a Landmine placed by Turkish soldiers in a field where children were playing. But noone among those responsible was ever identified nor punished for such "inhuman" acts which "amount to intentional use of lethal force", despite of the fact that in such cases "the only relevant remedy" was "criminal prosecution" which was never done,  as denounced ECHR. (Alkin case).
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A Child aged 15 was atrociously tortured, because it participated in a demonstration, but its torturers scandalously obtained total Impunity in the Turkish Courts on 2008 (Akman case).

Same scandal with the refusal to prosecute the Turkish Policemen who tortured 2 Children aged 15 and 16, marked by wounds at their eyes, mouths, heads, etc., after abusing of "disproportionate" force to disperse a demonstration denouncing the situation in Turkish prisons, (Serkman cases).

While suspected Torturers of a young Woman were not even questioned by Turkish Authorities, and never appeared at a Court.. (Tunc cases).

Or they escaped from any sanction because it was time-barred by prescription, while their victim was condemned on the basis of alleged statements made under torture (Güvenilir case).
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People in Turkey can be held in Pre-trial detention "exceeding 11 years" : fex. 1997 - 2009, (even at the infamous "isolation" "F-type" prisons), for simple "suspicion of membership" to an organisation, without yet being found guilty by any court, since proceedings are "still pending" until today ! (Engin case),

Such scandalous facts are rather frequent in Turkey, as attest also other cases (where even a girl aged 19 vainly denounces that she was also "raped", fex. "Inan and others").
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- A young Woman was arrested and convicted to 12 Years in prison, on 2001 and 2004, without seing her Lawyer more than ..."5 minutes" !  (Tunc cases)

This seems to be a wide-spread and continuing violation in Turkey, since there are also many other victimes who "were denied the assistance of a Lawyer" while being held "in detention", before being condemned in grossly Unfair Trials, as, fex. also  in the  Dayanan, Demirkaya, Güvenilir  and Gecgel cases.
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ECHR was also "astonished" by Turkish Authorities' eagerness to abuse of disproportionate force (wounding even children) and of heavy imprisonments just to stop ""in a few minutes" a peaceful demonstration, which did not represent any danger against the public order, by "a small group of persons who simply wished to alert the Public Opinion about an incident which had provoked strong reactions and debates nationwide", on an anniversary of the december 2000 deadly attack by Turkish gendarmes against hunger strikers protesting "isolation" F type jails (Serkan affair).

Similar violations of the Right to Demonstrate, were also found in other cases, where even "Criminal prosecution against Children" was added to the abuse of "not necessary" and "disproportionate" force by Turkish Police, followed by heavy condemnations (1,5 years of jail !), to crash an "initially peaceful" demonstration held "in a Park", with "no serious danger to the public order", by people who "wished to draw attention to ..the conditions of detention" and "protest against F type prisons", after "events which had occured in Bergama prison":  Even if "demonstrators did not engage in acts of violence", however, Turkish "authorities intervened swiftly with considerable force  in order to disperse them, thereby causing tensions to rise, followed by clashes", instead of showing the required "tolerance towards peaceful gatherings, if the freedom of assembly ..is not to be deprived of all substance", ECHR denounced. (Uzunget cases).

(Etc).

Meanwhile, CoE's Committee of Ministers, which will supervises ECHR judgements' implementation anew on early December 2009, has recently been seriously overloaded by growing numbers of hundreds of condemnations of Turkish Authorities by ECHR for various exceptionally grave violations, without any comparison to European countries, which are still pending for execution since the 1990ies, threatening to provoke a grave crisis inside the European mecanism for the protection of human rights.

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 - "The way that we treat today our Children is important in order to determine what kind of Europe we want to have in Future", stressed today CLRAE's President a.i., Dr. Jan Micalef at a ceremony for CoE's 60th Anniversary, where a key-note speaker on Children was nearby Stuttgart's Mayor, the ChristianDemocrat Dr. Wolfgang Schuster, Germany's delegate to EU's Committee for the Future of Europe :

A tool notoriously proposed by French President Sarkozy on 2007, in exchange of Lisbon Treaty, and accepted by all EU Heads of State/Government on 2008, in order to foster public debates also on the crucial issue whether the kind of Europe Citizens dream to have in Future, was, or not, compatible with Turkey's controversial EU bid.

A fitrsr reply is expected by the Committee's Report, "due for June 2010", as Schuster told "EuroFora".

But, meanwhile, Sarkozy has also proposed similar debates to EU Parliament, while European Citizens already expressed People's wish, not only during 4 Elections in France on 2007, but also at June 2009 EU Elections, as well as at September 2009 German Elections...

 The new EU Parliament is due to start preparing its reaction to out-going EU Commissioner Rehn's 2009 Report on Turkey immediately afterwards, in view of a Public Debate and final vote early 2010 at a Strasbourg's plenary session.


***
 
(NDLR : For a critical appraisal on what happened next,
see : http://www.eurofora.net/brief/brief/brokonrehn.html)
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

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Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

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"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

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PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

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Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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