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Home arrow newsitems arrow ECHR ruling on Rape can boost Enquiry on many Mob Attacks v. even Minors Girls 14yo in Germany, UK,+

ECHR ruling on Rape can boost Enquiry on many Mob Attacks v. even Minors Girls 14yo in Germany, UK,+

Written by ACM
Wednesday, 15 June 2016
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*Strasbourg/Angelo Marcopolo/- While most of the unprecedented Horrible Massive and Brutal Mob Sexual Attacks against defenseless Women at Cologne and Other Cities in Germany and several EU Countries astonishingly still remain almost entirely Unpunished, added to more and more Children, mainly Girls aged only 14yo (i.e. Minors), facing similar Brutal Mob Attacks for Sexual Abuse in Germany, the UK and more EU Countries, apparently by some Recent Mass Immigrants who came to Europe through Turkey on 2015-2016, an ECHR Judgement issued a few Days ago in Strasbourg on the case of a 14 Years Old Girl in Romania, who had vainly Denounced a Rape Attack by a Group of 6 Men aged 16-30 yo, all of whom were finaly let free or given only "Suspended" minor sentences by National Courts, which claimed that they didn't find any "Proof of Rape", appears now Highly Relevant :


Indeed, most of the above mentioned Victims' Complaints for Violent Mob Sex Abuses at Cologne and elsewhere in Germany risk to be systematically Rejected for alleged Lack of sufficient Evidence of Rape, as several mainstream Media (and even some Local Policemen) Denounced, while, on the Contrary, this "Unanimously" issued ECHR Judgement provides Timely a set of clear Principles which can Help National Authorities, throughout all CoE's 47 Member Countries, to Better Address such kind of particularly Delicate Cases, often involving even Fragile Children, in a much more Efficient way.


ECHR's 7 EuroJudges, All Together, stressed that, as a matter of General Principle, all CoE's Member "States" have an "Obligation to apply Effectively a Criminal-Law System, Punishing All Forms of Rape and Sexual Abuse".

But, in this case, "the Investigation ... Fell Short of the Requirements inherent" to that. Therefore, ECHR Concluded for the existence of "a Violation of ... Article 3 of the (PanEuropean) Convention" on Human Rights, (which Prohibits any "Inhuman or Degrading Treatment".

Because, as the Judgement makes it Clear, any "Failure to Properly Investigate ... Complaints of Sexual Abuse against Children, or Other Vulnerable Persons ... creates a background of Impunity".  

The main Reason was that, Despite the Fact that the "Heightened State of Vulnerability" of that Girl aged Only 14 "Required .. to Show Increased Diligence", nevertheless, National Authorities had Not "Considered" "None of the Personal Circumstances" of the Victim, "such as her Age and ... Development, or the Circumstances in which the Incident took place : At Night, in Cold Weather, as well as the Number of Men who took part in it", etc.

>>> I.e. ECHR refers Now almost Precisely to the strikingly Similar Circumstances in which took place the Infamous Cologne and other Massive Sexual Abuse Brutal Attacks at New Years Eve : Also "at Night", also "in Cold Weather", added to "the Number"  of the Aggressors, which notoriously were Many Dozens of Mobsters Attacking each time One by One the Defenseless Women or Young Girls, and reportedly ill-Treating them "as Cattle", (according to EyeWitnesses)... Even Worse when, in Addition, the Victims were Minors, as Girls "Aged" only 14 or 15 Years Old, in this, as also in several other relevant cases of Recent Mob Attacks in Germany, (See also Infra).

Instead of "a Context-sensitive Assessment, ... for Verification of All the Surrounding Circumstances", that "Similar Cases ... Obviously Called for", and Despite States' Obligation "to Take Measures designed to Ensure" that People "are Not Subjected to ill-Treatment", including by the "Effective Prosecution of Any Non-Consensual Sexual Act, even in the Absence of Physical Resistance by the Victim", (f.ex. "by Questioning ... Friends, Neighbours,.. and Others who could Shed Light, ... or by Seeking an Opinion from a ...Psychologist", etc), on the Contrary,  National Authorities had placed "Undue Emphasis on the Absence of Proof of Resistance" from the Victim, as well as the alleged absence of Physical Signs on her Body, (as they had repeatedly argued, while the Aggressors had simply Claimed that their Victim would have "Consented to have Sex")...

But the Young Girl aged Only 14 yo, had Denounced that such an Approach "Intensified her Feelings of Humiliation, Anguish and Frustration, withOut renering an Effective Conviction" of the Aggressors, also  by "Failing to take into Consideration her Young Age, and her Physical and Psychological Condition, or the Fact that 6 Men had Participated in her Abuse", by Mob Violence.

Indeed, the UnderAge Victim had also pointed at the Fact that she had been initialy "Grabbed" and "Forced to go with" 3 Men, one of whom had "Twisted her Arm to her Back" and "Seized her Head", Ordering her to Follow him, while another 3 Men Aged More than 20, "Threatened to Beat her" if she Refused to Obey, while they ill-Treated her at a "Deserted" area. Her GirlFriends Witnessed that the Victim had been vainly "Shouting" at the First 3 Aggressors to Let her Free and was "Scared" when she Returned, while her Father had brought her Immediately to the Police to Lodge a Formal Complaint, when she Told him what had really Happened, and a Series of subsequent Medical Examinations had Found a serious "Psychological Disorder, Caused by a Physical and Psychological Trauma", "requiring 14 Days of Medical Care", and "Diagnosed" a "Stress-related Anxiety, Irritability, Sleep Disorder, slight Intellectual Disability... and Lice Infestation", followed by "Symptoms including Frontal Headaches, Depression, Tearfulness and Feelings of Social Isolation", added to "Emotional Disorder .. and Anaemia", etc., needing a "Treatment with Neurotropic Drugs" and "Anxiolytics", etc.

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Mob Attacks with Sexual Abuse against even "Minors", as f.ex. Girls Aged only 14 Years Old, reportedly by many recent Immigrants comming through Turkey via EU (+Shenghen) Member Greece, were Denounced on May and June 2016  both in Germany and at the UK, after a First Series of even Worse Massive Aggressions at New Year's Eve at Cologne and other German, Swedish, Danish or Austrian, etc. EU Cities, -


At Nearby Darmstadt City (between Frankfurt and Strasbourg), now committed at Broad Daylight during a Popular Open-Air Rock Music Festival on May 2016, (by some "South Asian" migrants according to Victims who lodged 26 Complaints, as Local Police Reported, while "3 Pakistani" were detained but afterwards released),  followed by a Similar Violent "Harassement" of Girls aged just 15+, by "a Gang of Ten Men", aged 18-35, described as "Africans" by the Victims, who suffered also "various Physical Injuries", at Ahrensburg (Schleswig-Holstein), on June 11. In Parallel, a Hessen Newspaper (HNA) published Denonciations of Victims, Girls aged 16yo, for being "Regularly Harassed" on their "Way to School" by several Men who Touched her intimate Body parts and Grobbed them, also grossly Insulting, and afterwards even Followed some of them "until Home",  one of those Girls having been Harassed "by 7 Men at once" near Kassel, (where a Woman was reportedly saved by chance from a Mob "Rape" Attack by 3 "Brown Skined" Individuals "talking an Unknown Language"). Meanwhile the Head of German Police's Union (DPolG), Rainer Wendt, reportedly Warned that such Brutal Mob "Sex Attacks" are due "to Increase even More", as he said after citting also Dusseldorf, Berlin, and BergKirchWeih (Franconia : "14 Attacks" noted).


But also in the UK, where "4 Syrian Immigrants", some of whom had been "selected by UNHCR staff" to benefit from a Brittish Government's Aid Program for "Resettlement" in the UK, were brought to Justice after being Charged for Mob Aggressions and "Sexual Assault" against 2 Underage Girls 14yo at a "Newcastle" Public Park.


 The Fact that Victims started to be now "even Minors", i.e. Children, obviously creates an even more Serious "Problem", as German Media denounced.


CoE's PanEuropean Parliamentary Assembly has recently asked, in a Resolution adopted in Strasbourg with a Strong Majority, to thorougly Investigate unprecedented Massive Mob Attacks with Brutal Sexual Abuse against Women mainly in Germany, but also in Sweden, Denmark, Austria and other EU Countries particularly at the New Years' Eve, after Midnight from December 31, 2015 to January 1st, 2016, in order to Find and Punish all those Responsible for such Crimes, as well as for alleged Attempts by Local/Regional Police Authorities to Hide and/or Muzzle such Odious Crimes from the Public, keeping a quasi-Total Silence for too Many Days after the Incidents, until initialy Dissident Medias, soon Followed by mainstream Press, started to Reveal what became a Gros Scandal particularly in Germany, (but also, partly, in Sweden and elsewhere), which has recently received the by far Largest Number of Mass Asylum Seekers/Irregular Immigrants through Turkey, via EU (and Shenghen) Member Greece during the "Migrants Crisis" of 2015/2016, (See, f.ex. : .....)


Cologne Policemen reportedly argued that Violent Sexual Abuses would be more "Difficult to Prove" than Banal "Theft", in an obvious attempt to excuse themselves for not having yet managed to lead to the Condemnation of not even 1 (one !) Suspect, after all this Time since the First January 2016, despîte more than 1.300 Individual Complaints already lodged by many Girls and Women Victims of such Brutal Mob Attacks in the City which had notoriously become known previously as "the Turkish Capital" of Germany.


But other Koeln (Cologne) Policemen have already Denounced, according to mainstream German Media, the Astonishing Fact that, even when some of them had initialy send Clear Messages announcing precisely unprecedented Brutal Mob Sexual Attacks and Rape attempts against Girls aged just 18 - 19, (f.ex. by "penetrating" their internal parts, as they said), nevertheless, Superiors from the Northern Rhine Westphalian (NRW) Region (Länder), currently held by the Socialist Party, had reportedly Reacted Negatively by Trying to Erase the Word "Rape" and to Minimize those Incidents.


Added to the Notorious Scandal of NRW Police Attempts to Hide and Muzzle any Mediatic Revelation of those unprecedented Massive Brutal Mob Attacks with Sexual Abuse against Thousands of Girls and Women, "ill-treated as Cattle" according to German Media citting EyeWitnesses, until a Local Website and a Marginal Berlin Newspaper Started to Break down that "Wall" of Silence, rapidly Followed by many Mainstream Media afterwards, such Repeated Incidents have Fueled, inter alia, a NRW Lânder Assembly Committee's still on-going Enquiry on eventual Biais that might have been Imposed by Politicaly Responsible Actors. (I.e. Similar to various Other Hierarchy attempts to Muzzle even German Policemen's Reports on frequent Violent Incidents involving 2015-2016 Mass Immigrants from Turkey, as several mainstream Media often Denounced, added even to a relevant Best-Seller Book recently Published by a Lady Police Officer in Germany).


Most Victims of Mob Attacks in German Cities were Poor Young Girls, living in far away Suburbs or even surrounding Villages, and Obliged to Depend on Buses or even Trains in order to Reach their School and/or the City. At Cologne, they had reportedly been Trapped by an Unwarned Blockade of the Main Central Station by Local (NRW-depending) Police, and afterwards many Victims had even been Obliged to Walk, overNight, during several Hours, in order to Return Back Home exhausted.
Brutal Mob Sexual Attacks against defenseless Women have been earlier reported in some North African Countries as Egypt and others, according to mainstream German and American Medias, while similar Crimes, as Mass Rape attemps, etc., were also denounced in some areas of India, mainly near Pakistan, etc.


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+°Previously, a Criminal Network of Thugs in the UK, mainly of Pakistani origin, abusing many Poor Children by Rapes and Forced Prositution in several mainly Socialist (Labour) held Municipalities around the Country for Years, without any Serious Enquiry by the competent Public Authorities before 2011, had provoked a Big Scandal, as an exceptional, landmark Article published at mainstream Newspaper "the Guardian" reminded, precisely, on the occasion of the Koeln (Cologne) Mob Attacks.
2016 Conservative Candidate for London Mayor, Zak Goldsmith, had reportedly Tried on 2015 to push for more Investigations in a Similar Scandal about Sexual Exploitation of Minors at the British capital itself, allegedly involving even former Establishment figures, some of whom were suspected to be from his own Party.
A wing of which notoriously did Not Back him wholeheartedly, but often Criticized Z.G. in the latest Municipal Elections, finaly snaped, for the 1st Time in History, by Pakistani-origin, Sadiq Khan, accused both by Goldsmith and Prime Minister Cameron to have had various Personal contacts with Extremist Islamists in the Past, amidst a Huge Abstention in a City which has recently gathered about 14% Muslims among its Residents : A fact that "Labour"s Socialists and others, on the Contrary, hailed as a Chance for much needed Immigrants' Integration. Something that only the Future will tell, in the Next 3 Years.


In the meantime, however, even the Famous "Glastonbury" Annual Rock Msic Festival in the UK, has just reportedly anounced that, for the 1st Time in History, it will have a .. "Separate" Space only for Women, something that some Muslim Groups have been notoriously Asking for various Public Areas, including Swimming Pools, etc., but that several Commentators interpreted also as a Precaution vis a vis more Mob Attacks for Sexual Abuse against Women during Public Events, recently throughout Europe : - "Oppression against Women continues in Various Manifestations around the World Today, in Different Cultural Contexts", soberly declared the Organisers...

 

 

(../..)

 

 

 

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("DraftNews", as already send to "Eurofora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).

 

 

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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

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It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :   

- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.   

Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is  currently prepared by CoE's Parliamentary Assembly for the session of June 2009.  

The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :

Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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