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Pagina principale arrow newsitems arrow Tymoshenko Lawyer +ECHR Spokesman to EuroFora: Pardon+ after pre-trial Detention was 100% condemned?

Tymoshenko Lawyer +ECHR Spokesman to EuroFora: Pardon+ after pre-trial Detention was 100% condemned?

Scritto da ACM
Tuesday, 30 April 2013
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*Strasbourg/ECHR/Angelo Marcopolo/- The jailed Ukranian opposition's leader, former Prime Minister Yulia Tymoshenko would accept a possible  "pardon" by Ukranian President Yanukovich, but, in that case, she would also fight up to her full legal rehabilitation, replied the Lawyer of the former Prime Minister, Vlasenko to an "EuroFora"s question just after an ECHR's judgement found unanimously that her pre-trial detention was unlawful for 3 concurring reasons, and that her rights had been excessively restricted, in violation of Articles 5 and 18 of the European Convention of Human Rights.
 
 -  "As a Lawyer, I would tell you that all the Steps to release Mrs Tymoshenko would be adequate. Afterwards, she will fight for her full political and legal rehabilitation", Sergiy Vlasenko replied to "EuroFora"s question "if" he found that, eventually, "a pardon from President Yanukovich might be adequate" for implemention of ECHR's present judgement.
 
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But the main call of Tymoshenko's lawyer, anounced to all journalists at ECHR in Strasbourg, including "EuroFora", was for the immediate release of the Ukranian opposition leader, without delaying things by an eventual application for a Review to ECHR's Great Chamber, and to "stop using (National Courts) for political motivations", "as the only way to fully implement the (European) Court's judgement", particularly since his client was the main political competitor with a real chance to win at the national elections, as he added.

However, ECHR droped Tymoschenko's additional complaint about inhuman and degrading treatments inside the Ukranian prison, mainly because she had refused a precise Medical Examination, even if it was acknowledged that she apparently had to face some harsh conditions of detention, as it results from an ECHR chamber's decision taken by a Slim Majority of only 3 against 4 EuroJudges, (ECHR's President, Spielman, having voted for the recognition of such a Violation of the European Convention on Human Rights' Article 3).

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At any case, ECHR currently prepares also a 2nd Judgement on the substantial aspects of Tymoshenko's 2011 controversial condemnation by the Ukranian Courts, which may be taken and published at any moment in the Future, on the exact Timing on which "I can't give you any indication", because "that's another" issue, even if, according to the average period of Time usually spend in such kind of affairs, "it might take another Year" or so, (i.e. a little bit earlier of later), said to "EuroFora" the experienced ECHR's Spokesman, Director of General Services, Rodderick Liddel. (I.e. welll before the next Presidential Elections in Ukraine, scheduled for 2015).

The move ECHR move comes shortly after President Janukovitch has just "pardoned" 2 other opposition politicians, former Ministers also condemned by national Courts earlier, in a decision officially "welcomed" by the CoE and EU, even if he claimed that something similar wouldn't be possible for Tymoshenko because of additional accusations pending in National Courts, while an important EU - Ukrania Summit is due to make crucial choices on the European orientation of the country during the Autumn of this year (2013).

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(.../...)

(Comp., for earlier NewsReport including original/exclusive Statements to "EuroFora" also from Yulia Tymoshenko's daughter, Eygenia, as well as of the Lawyers representing the appliquant or the Government, just after the August 2012 ECHR Hearing: http://www.eurofora.net/newsflashes/news/echrandeumovesontymoshenko .html )

 


 

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["FlashNews" due to be updated asap.]

 

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  imag0573_400

    An "Eugenic" loophole Amendment, which might expose to Dangers reminiscent of "3rd Reich's" notorious Genetic Abuses, hidden at the last minute inside an otherwise Good, larger Health policy Package scheduled to be voted on Thursday, was strongly denounced by a coalition of MEPs from various Political Groups and Countries, in a Press Conference held this afternoon at EU Parliament in Strasbourg.

    Mainly calling to "Select Human Embryos", via "Genetic Counselling" and "pre-implantation" Techniques including "Genetic Tests", in order to "Eradicate Hereditary rare Diseases", it might open ways to Dangerous Practices in Future, they denounced in substance.

    But they also made it clear that a much larger Report inside which this Controversial Amendment "No 15" was added in dubious circumstances, officialy destinated to struggle against "Rare Diseases", and drafted by Professor Antonios Trakatellis, was otherwise "an Excellent Report", aiming at a "completely Uncontroversial target" of Health policy on which "all MEPs and Experts are united, believing that Europe should act" to protect People's Health (See "EuroFora"'s earlier News).

    The controversy came at a particularly delicate moment for the EU in relation to Citizens, at the eve of June 2009 EU Elections, and shortly before Ireland re-votes for "Lisbon Treaty"..    

- Denouncing risks of "an Eugenic demand, very similar to what we had during the 3rd Reich in Germany, but now coming from some Scientisists themselves", German ChristianDemocrat/EPP MEP Dr. Peter Liese stressed that critical MEPs were against "Eugenic" engineering with "Selection of Human Embryos", and anything which might ultimately lead up to to a "Selection of Human Race". It doesn't help to "eradicate" Human Lives, he added.


    Several Experts and NGOs expressed "Deep Concern", as f;ex. DR M.C. Cornel of the "European Society of Human Genetics", which stressed, on this occasion, that "the importance of Non-Directiveness in Reproductive issues is a Central characteristic of Human Genetics, after the Atrocities committed in the name of Genetics in the first half or the 20th Century".

     - "This is completely Unacceptable", stressed Italian Liberal MEP Vittorio Prodi, on the Controversial Amendment, also because pushes to "eliminate early Human Life", as he noted.

     - "This opens a Dangerous Road, rather a Motorway", denounced Danish MEP Mrs Margrette Auken, from the "Greens", observing that various similar attempts were made in the Past "not only in Germany, but also in several other Countries, "even at the 1970ies", "f.ex. on forced Sterilisation of Roma" People, and other criticisable situations f.ex. in the UK, in Sweden, etc. as she said.

    + Other NGOs, as f.ex. "LebenHilfe" from Berlin, added that, among various other Risks, could also be that, by exploiting the pre-implantation Genetic Diagnostics and the Selection of "healthy" Embryos, some may "propagate" several "Eugenic" aims, starting f.ex. by pushing to eradicate Human Livies which might "Cost too much" to preserve, ultimately exposing to dangers reminiscent of the "3rd Reich"'s atrocious abuses.

    In consequence, ChristianDemocrats/EPP and "Green" MEPs "decided by Majority to vote against" this Controversial Amendment, anounced to Journalists the 5 MEPs who participated in the Press Conference, representing a wide spectrum, from Liberals to "Greens" and ChristianDemocrats, and from Hungary, Italy, Germany and Danemark up to Ireland (Gay Mitchell), etc.
----------------------------------
    Hungarian ChristianDemocrat MEP Laszlo Surjan said "that it was "Suddenly, at the End of the Procedure" in Committee, that "appeared this (Controversial) Amendment, which has nothing to do" with the main purpose of the Report, on which all agreed.

    He denounced an "Unhonest" move, and called to "avoid this kind of unacceptable situations". Nobody should "Select People", Surjan stressed.

    - "We (MEPs) had No Chance to Discuss" this last-minute Amendment earlier added at a Committee's level, said German MEP Peter Liese

    Speaking to "EuroFora", Dr. Liese, the Spokesman of the ChristianDemocrat/EPP Group in EU Parliament, said that MEPs didn't oppose other references of the Report f.ex. on "Genetic Tests", because they were "no proposals" to impose them, while, on the contrary, there was "a Problem" if anyone attempted to "impose" f.ex. this or that Genetic Technique and "Genetic Counselling", etc. to the People on human reproduction.
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The precise Text :
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    Controversial parts of Amendment No 15 ask mainly "to lead finally to the Eradication" of "Hereditary" "rare diseases", "through Genetic Counselling .., and ..pre-Implantation Selection of healthy Embryos".

    But  EU Rapporteur Professor Trakatellis, said to "EuroFora" that fears should be alleviated by Guarantees that all this should be done only "where appropriate", when it's "not contrary to existing National Law", and "always on a Voluntary basis", according to other Parts of the Amendment.

    He stressed that the main aim was to allow "a free and informed choice of persons involved", without imposing them anything :  - "It's not an obligatory, but advisary" text, he said.

    To make that point clear, he was ready, in agreement with many MEPs, to eventually drop at least that part of the controversial Amendment which initially called for "efforts to ..lead finally to the Eradication of those rare diseases" "which are Hereditary".

    But, until late Wednesday evening, reportedly together with many other MEPs, he stood by all the rest of the controversial Amendment, (fex. on the "Genetic Counselling" and the "pre-implantation Selection of healthy Embryos"), so that critical MEPs, going from ChristianDemocrats as Dr. Liese, to "Greens" or "Ind/Dem", observed to "EuroFora" that "this was not enough" to close the dangerous loophole.

    Particularly since, as Professor Trakatellis noted himself, "this is already allowed to the U.K.", and "other National Legislations would probably follow, sooner or later" in a similar direction. As for a general call to "Eradicate Hereditary rare Diseases", this "should happen, at any case, in practice, de facto", to protect public Health.

    On the contrary, "our goal should be to help patients suffering from rare diseases, not to eradicate the patients. In case of genetic disease risk, the decision should not be guided by scenarios" made by politicians. "Perents who may decide to accept a child, even if handicapped or with genetic disease, must be respected and supported with solidarity", critical MEPs stated.

    - "Any Pressure" to "a patient or couple (who "should be able to make an informed choice consistent with their own values"),"from health Professionals, Public Health Policies or Governemental Institutions, or Society at large, should be avoided", stresses the "European Society for Human Genetics".

----------------------------------

Each MEP's vote will be registered !

-----------------------------------   

The Socialist Group requested a "Split vote" on the Amendment 15, first without, and afterwards with the words "lead finally to the Eradication" etc.


    But the first "split vote" leaves intact all the other parts of the Controversial Amendment, (i.e. "Genetic Counselling", "Selection of healthy Embryos", etc).

    That's why, 3 Groups of MEPs : ChristianDemocrats/EPP, "Greens/EFA", and "Ind/Dem", have asked for "Roll Call Votes", on everything regarding the Controversial Amendment No 15, and on the final outcome of the resulting Report as amended, which will register all the individual positions to be taken by each MEP.   

Something which will obviously make each MEP think twice before voting for one or another choice, to be sure that he/she will make the right choice in front of EU Citizens, particularly at these pre-Election times...


    Crucial Votes were scheduled between 12 Noon and 1 p.m. local Strasbourg time, in the middle of a long series of various other Reports, and after a long Public Debate on the larger Health policy package, from 9 to 11.50 am.

    The specific Report inside which was hidden the controversial Amendment is due to be debated between 11 and 12 am.

    So that more last-minute Surprises may not be excluded a priori...

    Particularly at the present Historic moment, when even the Institutional Future of the EU depends on the result of a second Referendum on "Lisbon Treaty", later this year, in ...Ireland, a mainly Catholic country, where People are particularly sensitive in such kind of socio-cultural and values issues...
 

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     (Draft due to be updated).
 
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