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Inicio arrow newsitems arrow ECHR condemns Ukraine for jailing and ill-treating a Handicapped Russian in Crimea before 2014

ECHR condemns Ukraine for jailing and ill-treating a Handicapped Russian in Crimea before 2014

Escrito por ACM
19.03.20

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*Strasbourg/Angelo Marcopolo/-  It's after incidents Between the successive Presidencies of Yushchenko (2005-2010) and Yanukovych (2010-2014), that a Handicapped Russian, WheelChair-bound, faced Criminal Prosecution and Prison Detention, at Crimea, for the comparatively Minor accusation of allegedly having "Threatened" a Policeman, who had vainly Detained his Son at an unrelated Murder Case, and "Punched" a local Official, that he considered responsible for having Cut Electricity to his restaurant, in addition, (Disputes on which, Curiously, Nothing is said by the ECHR's judgement published Today).

A. K. Vagapov, Despite being Aged 55 and Suffering from "the Most Severe Level of Disability" ("Category 1"), with "Paraplegia of his lower Limbs", since "a Gunshot Wound to his Spinal cord", leaving him "WheelChair-bound" during 24 Years, provoking also "a Skin ...Ulcer", Nevertheless, he was "remanded in Custody, Pending Trial", right from the Start of the Investigation, afterwards Condemned into "3 Years ImPrisonment", and later Jailed. He was Released only towards the End of September 2013, after "having Served his sentence in Full", ECHR observed.

"During his Detention", he had to be Treated for "Aggravated" "PyeloNephritis", and underwent "Surgery" for that Ulcer, was "Diagnosed with Aggravated ...Bronchitis", and found with "a Black Burn Wound" and "a Burn Blister" on his Feet, (later "Diagnosed" as "3rd Degree -out of 4- ...Burns") that "Failed to Heal", added to an "Aggravation" of his Skin Ulcer (advanced into a "PuruloNecrotic Stage, with ...Fistulas"), but also to "Urinary InContinence", "Acute Conjunctivitis of both Eyes", "a Purulent Inflammation of ...Cellular Tissues" (with an "Abscess" which should "be Surgically Drained" : something reportedly "Contra-Indicated in the ...Conditions pertaining" in his Detention area), and even "a Broken Rib" (sic !) with "Pain in the Chest area", (etc)...

But the "Request(s)" of his "Lawyer" for "a Panel of Medical Specialists" to Examine the ImPrisoned Handicapped man in order "to determine his State of Health and Medical Needs", and Whether it was "Possible to Meet those Needs", or not, inside his place of Detention, or at least to "Allow a Civilian Doctor to Examine" him, were Both Rejected by the Ukranian Authorities.

Thus, meanwhile, Vagapov "had Refused the Treatment(s) recommended by ...These Doctors", (of the Prison System), Complaining that they had "Understimated" the "Poor Condition of his ...Health", and that he had been "Denied Access to the Doctor of his (Free) Choice".

+ In Addition, that Prison "had Not been Adapted for WheelChair-bound detainees", Obliging him to be "Dependant on other InMates for his Basic Needs", (f.ex.,  "Toilet", "Shower", "Meals", etc), "Deprived of daily Walks", stay "Held in a Cell measuring about 11 sq. m and Shared by 3 Inmates, with No Space for any Movement in a WheelChair", have "Fewer Meetings with his Lawyer..., as ...his CellMates had had to Carry him", also provoking "several Accidents..., such as Burning his Feet with Hot water, and Breaking a Rib (Comp. Supra), etc, while "the Physical Conditions of his Detention had been Poor".

=> Therefore, the Jailed Handicapped man "complained to the ECHR that "the Conditions of his Detention", "with regard to his Physical DisAbility", and that "Medical Treatment" were "InAdequate", and Violated the "Article 3" of the PanEuropean Convention on Human Rights, which Prohibits "Torture or ...InHuman/Degrading Treatment", in any circumstances.

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Russia indicated that "they did Not Wish to exercice their Right to Intervene in the proceedings" (given also the Russian Nationality of the Jailed DisAbled man), as ECHR noted.

As for the Ukranian Government, it Claimed that, "Although" that Jail "had Not been Adapted for WheelChair-Bound Detainees", nevertheless ,"2 people from the Staff (would) have been Alloted to Assist" the DisAbled prisoner.

ECHR "took Note of the (Ukranian) Government's Acknowledgment of the Lack of technical Arrangements" for "the detention of individuals with physical Disabilities", and "reiterate(d) that", as a matter of General Principle, "where the Authorities decide to place and Keep a Disabled person in continued Detention, they should demonstrate Special Care in Guaranteeing such Conditions as Correspond to the Special Needs resulting from his or her Disability".  

On the Controversy whether the Handicapped Prisoner "had been Assisted by ... fellow InMates, or by the (Jail's) Staff" (Comp. Supra), ECHR observed that the Ukranian "Government did Not provide Any Details in that connection", Not even "whether the ...Staff had been Trained or had the Necessary Qualifications"...

Moreover, the Ukranian "Government" did Not Say Anything "on the Incidents which led to ...sustained boiling-water Burns in the course of taking a Shower ..., and having his Rib Broken", as Vagapov had Denounced, (Comp. Supra), ECHR notes, pointing at the incredible Helplesness into which Handicapped People may fall, if they are Obliged to live their EveryDay Life in outlets Deprived of the slightest Facility for Autonomous Movements, (as, f.ex., Metalic Bars, etc)...         

=> "Therefore", the PanEuropean "Court found Plausible... that the ... Injuries" were "a Result of the Failure to Meet" the Handicapped Prisoner's "Basic Needs, in Conditions that would Respect his Human Dignity". "This ...shows that the (alleged) Assistance of the (Jail's) Staff, IF Any, (Comp. Supra), "could Not have ensured (his) ...Autonomy or ...Physical and Moral Integrity".

Indeed, as ECHR had Already noted, at a previous decision on this case, when it had Initially raised relevant Questions to the Ukranian Government, in order to find out its reactions, it's also the f. UN Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment ..., Mr Manfred Nowak", who stressed that "Persons with Disabilities often find themseles in [situations of Powerlessness], for instance When they are Deprived of their Liberty, in Prisons, or Other Places", where "the  particular Disability of an individual may render him or her more Likely to be in a Dependent situation, and make him or her an easier Target of Abuse".                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

+Moreover, ECHR "refer(ed) to the Findings of the CPT (CoE's Anti-Torture Watchdog) in 2013, that Conditions in the Cells" of that Crimea's Jail, in general,"had been as Miserable as some Thirteen Years Previously (i.e. on 2000), when (it) had First Visited that facility...

>>> In Consequence, "and" given "the Cumulative Effects" of such Facts, ECHR Concluded that "the specific Conditions" of the Handicapped Prisoner's "Detention, in view of his Physical Disability, ...in particular, his InAbility to Access the various parts" of that Jail "Independently, including the Canteen and the Sanitation Facilities, and ...the Lack of any Organized Assistance" for "his Mobility ... or his Daily Routine, must have Caused him UnNecessary and Avoidable Mental and Physical Suffering, Diminishing his Human Dignity".                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

"That amounted to Inhuman and Degrading Treatment", in "Violation of Article 3, of the" PanEuropean "Convention" of Human Rights, ECHR Concluded.

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+ The Handicapped man had also Denounced to the ECHR that the Ukranian Court's decision to Condemn him in 3 Years of ImPrisonment was "an Arbitrary and UnNecessary measure", which "had Not been Based on relevant and Sufficient Reasons", and "had Failed to Take into Account (his) ...state of Health; it had Never Examined an Alternative, ... such as a Commitment Not to Leave the Town, or Bail", etc.  

In fact, an Initial "Undertaking Not to Abscond", imposed by a 1st Court, had been "Changed", by a 2nd Court, into "Remand in Custody", under Pretext of the alleged "Seriousness and the Nature of the Criminal Offences in issue", (Comp. Supra)...

But the ECHR found that "Neither the (Ukranian) Government's observations, Nor ... that Court ...had made an Appropriate Assessment of the Facts ... (on) Whether ... (this) was Necessary ..., in particular in view of the applicant's DisAbility". "Neither did (it) ...state Which Risks Justified the ... Detention on remand, (f.ex. the Risk of ...Absconding, Influencing Witnesses, or Hindering Investigation").

This was Contrary to "Article 5§1" of the PanEuropean "Convention" on Human Rights, which stressed that "Everyone has the Right to Liberty and security of person. No one shall be deprived of his liberty save in the following Cases, and in accordance with a Procedure prescribed by law ... (c) the Lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable Suspicion of having committed an offence, or when it is reasonably considered Necessary to prevent his committing an offence or Fleeing after having done so", EuroJudges observed.

=> Therefore, ECHR judged that the contested Measure "did Not Afford the applicant the Adequate Protection from Arbitrariness, which is an Essential element of the "Lawfulness" of Detention, within the meaning of Article 5§1 of the Convention", and,  "Accordingly, there has been a Violation of that provision" too.

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>>> In Consequence, it's "Unanimously" that the  Strasbourg's Court held that "there has been a Violation of Article 3 of the (PanEuropean) Convention" on Human Rights, because of Inhuman/Degrading Treatments (Comp. Supra) "on account of the specific Conditions of the applicant’s Detention ... in view of his Physical Disability", and "a Violation of Article 5§1 of the Convention", about Personal Liberty (Comp. Supra), Deciding to "Award" to the Victim "EUR 3.000, (three thousand euros)", "in respect of Non-Pecuniary Damage, Plus any Tax that may be chargeable", due to be Paid by "the Respondent State", i.e., in this case, Ukraine.

 

(../..)

("Draft-News")

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3 EU Parliament votes to boost EuroGroup !

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After EuroZone Paris Summit's succes, Sarkozy calls to "think anew how to re-construct Europe !

"EuroZone and EU Institutional debates pave the way to 2009 discussions on EU Future, including Enlargment, Turkey etc. ?


23 October 2008

After EU Parliament strongly suppported in 3 successive Votes this week in Strasbourg French EU Chairmanship's move to boost Euro-Group at EU's core, while ideas on EU Institutional problems are awaited on December, "it's an open Question now" if this may lead to a debate on EU's Future, or not, told us French President, Nicolas Sarkozy''s Spokesman, Pierre-Jerome Henin.

MEPs voted on Thursday fresh Funds to support EuroGroup, after adopting on Wednesday a Resolution asking a "further Evolution" to "the 1st ever meeting of Heads of State and of Government of the Euro-Zone, taking decisions in that capacity", while earlier this week a Report asked "a stronger Institutional setting" for "EuroGroup", extended from "competitiveness/industry" to "environment, employment and education", with "increased powers for Political decision-making", according to a text drafted by French MEP Francoise Beres and German MEP Werner Langen, "10 Years after the creation of Euro" (1999 - 2009).

- Brussels' subsequent "EU Council ..(simply)..ratified the measures decided by EuroGroup on October 12" in Paris, which "were necessary to contain the current Financial Crisis", Resolution observes, expressing also support to the new process succesfully initiated by Sarkozy and due to be completed by agreements with USA and other countries at a Global level.

From now on, it's between two differend but parallel moves : EU's delay, and EuroZone's acceleration, that Enlargement and particularly Turkey's controversial EU bid, will have to search its way :

Indeed, EU's 27 expect a "Roadmap on how to deal with the Irish problem" on Lisbon Treaty ratification after December, risking to pass even 2009 Elections and next Commission with the old Nice Treaty of 2000, out-dated and unfit even for 2004's Enlargement...

On the contrary, EU's core launches a real "Economic Governance for EuroZone at the highest level of Heads of State/Government" of the 15, which started in Paris on October 12 and was strongly supported this week in Strasbourg by Sarkozy and EU Parliament.
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- "It's a good idea, to launch such a debate ("on EU's Future") in EU Parliament in view of 2009 Euro-Election : Perhaps some MEPs will seize an opportunity", told us mainstream French MEP Alain Lamassoure, former EU Minister and EU Spokesman for France's governing party UMP.

- "All MEPs' debates on such EU Councils are also part of the larger debate on Europe's future : Now with EuroZone, and even more when, on December, Irish Prime Minister is due to table proposals in Strasbourg on how to deal with EU Treaty's ratification", replied earlier to our question EU Parliament's Press Director and Spokesman, Jaume Duch.
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Sarkozy has formally anounced his intention to open EU Debates on Economy, Identity/Enlargement (i.e. mainly Turkey), etc. both linked to a popular Political view of Europe, since his Historic speeches on EU in Strasbourg, on February and July 2007, when he stressed that "Europe needs a New Renaissance". At the beginning of the French EU Presidency, on July 2008, replying to a MEP, he suggested that EU Parliament takes an active part in Debates on EU's Future.

- Now, in 2008, "Crisis are an opportunity to re-think how to re-construct Europe", Sarkozy stressed. At any case, the Historic 1st EuroZone Summit of Heads of State/Government, which started replying to the Financial crisis,"is a Turning Point : After that, Europe cannot be governed as before, but differently" : People "like a Europe with Strong Will".

- "We must make the System move !", "Europe needs Innovation" and free political debates. EU "Elections are in a few Months", Sarkozy warned.

He invited EU Parliament to fully play its role as "the Democratic Heart of the Europe we want : United, Independent and Voluntarist, because the World needs Europe's voice".

- "It's no more possible for Euro-Zone to continue without an Economic Government" at the Highest Level of Heads of State/Government, who provide "Democratic Legitimity" and can take important decisions, he announced, strongly supported by EU Parliament's Economic Committee which just voted to boost the "Institutional" aspects of "EuroGroup".

Plasticity offered by the current absence of a special Treaty on EuroZone's Institutions "made it easy to adapt the organization of the 1st Summit with imagination, to efficiently meet urgent needs", he observed, on the occasion of Brittish Prime Minister's exceptionnal presence at the greatest part of EuroGroup's Paris Summit.

- "In EuroZone we have the same Bank, the same Money, and, thus, a same duty for Unity" : "By bringing together EuroGroup's 15 members States we suceeded to find a solution and prepare a Giant Plan of 1.800 Billion euros", Sarkozy reminded of Paris' 1st Historic EuroZone's Summit.

Afterwards, Brussels' EU Council followed the move, and USA's Paulson II Plan was inspired from that. "Europe must promote the idea of Global Economy's Refoundation", he stressed.

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- "I was frankly astonished when I found, at the EU, a rigid system, where any New Idea was seen from the outset as a sacrilege, while, on the contrary, Europe needs Innovation !", he described.

F.ex. ,"'When we first spoke about the "Union for the Mediterranean", it was misunderstood as something extraordinary.. When later we had the Russia -Georgia crisis, it seemed against EU's custom to act "in the middle of August", instead of staying a passive spectator ! And when, in front of the Financial ciris, we gathered the 1st EuroZone Summit of the "15", some thought of it as a lese-majesté", he denounced.
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On Geo-Political Principles :
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- But, by moving resolutely, "EU obtained the ...withdrawal of Occupation Troops in 2 Months !", reminded Sarkozy, observing that Russia "fulfilled its commitments", in the Georgian crisis, where a "disroportionate reaction" from Moscow followed a "totally inappropriate action" from Tbilisi's troops. "It would be crazy to reply by military means : EU should not become accomplice of another Cold War, imposed by lack of cool heads".. as he said.

In future, "the creation of a common European Economic Area with EU and Russia, would also obtain a raprochment on our Human Rights and Democratic Values", added Sarkozy, in a statement which should logically be applied, a fortiori, to controversial EU "candidate" Turkey..

Particularly when, the same week that EU Parliament voted 2009 EU Funds for Turkey's controversial EU bid, ECHR took a series of judgements condemning Turkey for grave Violations of Human Rights, such as : Torture, death of a political prisoner in unclear circumstances followed by failure to conduct a proper Investigation, "enforced Disappearance" of a youngster aged 17, Killing of a sepherd with Tank Shells, persecuting Journalists for articles on "Missing" People, even a former President of Human Rights' Association, (etc)

- "We (EU) can defend our ideas on respect of Sovereignity and territorial Integrity, on Human Rights and other differences ... without confrontation", Sarkozy stressed, on the occasion of Russian/Georgian conflict, reminding that : "we were only 2 steps from catastroph", when a Peace agreement brokered in Moscow prevented, at the last minute, Russian troops' advance towards Tbilisi.

An EU Parliament Resolution adopted Wednesday in Strasbourg on the occasion of Russia - Georgia conflict, outlines a set of Principle which apply elsewhere too, (particularly when EU Rapporteur for Russia and Turkey is one and same person ; Dutch MEP Ria Oomen-Ruijtanen !)

Clearly rejecting any "military solution to the conflicts", MEPs "condemn ..all those who resorted to force and violence". They denounce a "disproportionate military action", "as well as (an) unilateral decision to recognise the independence" of brekaway regions, "calling.. to respect the sovereignty and territorial integrity" of the concerned country, "and the inviolability of its borders recognised by all EU Member States". They warn that "EU must review its policy towards" a 3rd Country, "should .(it)...not comply with its commitments", and "stress that the withdrawal of.... troops from the areas ....is an essential additional step".

EU Parliament "calls for the safe and quick return of refugees, (accepted by Russian President Medvedev) accompanied by the deployment of EU observers on the ground", and "regrets ...that ..EU Monitoring Mission (EUMM) is not allowed to enter the ...breakaway regions". Moreover, "It's important to ensure that persons and NGOs ..engaged in defending human and civil rights can operate". "Until ...all remaining issues (are) resolved..., and notably the continuing ...Military presence", "relations with the EU ..cannot be fully normalised", MEPS warned.

As nobody likes to be accused to practice "Double Standards", this should be regarded as "Principles" applicable to any Third Country at EU's Neighborhood.. No ?

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On Economy :

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- "When Financial crisis shook US and EU's Banks, without result from the 1st (American) Paulsen plan, it was the common reply of the 1st EuroZone's Summit, involving some 1800 Billion euros, which started a positive move in the markets, soon strengthened by the follow-up of the US Paulson 2 Plan, noted Sarkozy.

- "Europe should not be only on the defensive, but, if necessary, know also how to take an offensive", he said, brushing away hesitationsto act on Economy: - "I'm for a refondation of Capitaliism, but against Speculators, who betray its values" : "Lack of Rules was profitable to speculators, Not to businessmen !" We must make sure to prevent any such crisis in future". "We, the rest of the World, cannot continue to bear the deficits of the 1st World power without saying anything !", the French President said, applauded by EU Parliament. All this needs "a New Global Governance", on which EU Parliament must debate. That's why "we proposed together with USA, several Summits from mid-November", to which G-8, enlarged to China, India a.o. countries, should participate. UNO's SG; Ban Ki Moon, the IMF, etc.

Financial crisis lowered shares' prices even for healthy companies, sometimes to 1/3 of their initial price, so that strangers might buy EU industries for only a portion of their real value, and Europeans may wake up one day with their main industries sold out to foreigners !

That's one of the reasons for which EU should debate about creating "Golden Shares" for States to jointly take Strategic participations to help European Industries until the end of the Crisis, particularly against distording competition, he suggested, pointing at USA's 35 billion $ plan for American Car Industry."We shall struggle for Europe to be able to build Airplanes, Ships, Trains, Cars, because we need a strong Industry", he concluded.

"F.ex. as we did back in 2004, when as Finance Minister, we bought Alsthom's shares for 800.000 euros, and, after restructuring, we sold them for 2 Millions : Help a company and make money is not so bad"...

As for the UK, "when Ireland announced that it would guarantee only Irish Banks, London City emptied from liquidities in 24 hours : It's the EU which helped to restore the situation, Not the UK alone !", reminded Sarkozy to nationalist British MEP Nigel Farage.

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On the contrary, in a last-minute attempt for the EU to catch-up with its Institutional delay "before the European Elections" of June 2009, MEPs simply voted a call for a "set of proposals" to be made for the "Irish public opinion" at the end of the year...

- "As long as Lisbon Treaty is not ratified by all 27 EU Member States, there is an unanimous decision to stop Enlargement, reminded Wednesday in Strasbourg the French Minister for EU affairs, Jean-Pierre Jouyet..

Added to an indirect but clear warning that, without Lisbon Treaty, all 27 EU Member Countries may not have a Commissioner in the 2009 resuffle, MEPS in the Constitutional/Foreign affairs Committees applauded hoping that this might motivate their Irish friends..

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