ECHR: Time Deadlines may Violate Human Rights by not examining particular circumstances
*Strasbourg/Angelo Marcopolo/- Forcing strict and absolute Time Deadlines may Violate Human Rights, if it doesn't take into account the Particular Circumstances of each affair, where the cause of a Delay could be a very Serious Issue, judged, in substance, ECHR in a Ruling published Today, on a case which might be linked even with possible, Long-Time Attempts to Steal Oil from NATO's installations in Turkey, (See Facts Infra : "Kursun").
-----------------
The Applicant was an Owner of a Property used as Industrial Park, located near to a Private Oil Refinery ("Tupras"), as well as to some Oil Storage and Supply facilities, run by the Ministry of Defence, for the Turkish NATO Pipeline system ("ANT").
A Big Explosion (equivalent to an Earthquake with Magnitude of 9 on Richter scale !) at those Neighbouring Areas, and ensuing Fire, Killed 2 Persons and Injured Many others, while also Damaging nearby Properties.
Several Commissions were established in order to determine the Cause of that Explosion, and the Damage caused by it.
Contrary to Initial estimations pointing at the Private Refinery, subsequent analysis found that the Cause was related to the NATO Pipeline system in Turkey, because of a large and long Leakage, mainly of Oil, (given the Fact that Both the precise Product leaked ["Gasoline"], and its Location in the UnderGround, etc., concerned the "ANT" system of Turkish NATO Pipelines, under which, a very Old Leak appeared Continuing during Decades, in a Network established since 1960/1970+)...
Curiously, such a "Ping-Pong" on the Question : -"Who was Responsible ?", persisted also longer in Turkey, and, moreover, a Decision to "Clean" up that Dangerous Leak, wasN't implemented, not even 12 Years After that Deadly Explosion (2005-2017) !
>>> Later-on, a Team of Experts reportedly Found that Leaks might result from "Breaches" of Pipelines or other equipments "by Malicious individuals, for the purpose of Theft" (sic). Indeed, that Leak "involved a Highly Valuable Economic Commodity"...
=> Therefore, Turkish "Institutions" could "Not be expected to UnCover such Incidents, by their own efforts alone", and it's "highly ImProbable that Institutions would Not take Any Action to Stop such a Leak", ECHR noted.
* In other words, to put it in a nutshell, Thieves may have been Stealing NATO's Oil, under its installations in Turkey, during Decades, with Complicities from Turkish Authorities !
Perhaps that's a reason for which, Turkey's Cour de Cassation, curiously Claimed, afterwads, in this affair, that "it was Not Necessary to have the TortFeasor established with Certainty", but, on the Contrary, "a Guess" on his "Identity", within the bounds of a "Possibility", was "Sufficient to Bring an Action" via the Prosecutor, (etc), so that a Proprietor's Application, which aWaited for such matters to be Clarified, should be Rejected as Out of Time, ECHR's Judgement points out.
Indeed, that private Owner prefered to Wait until such thorny Matters (as Cause and Damages : Comp. Supra) are further Clarified, with the Result, for his Application, to Delay More than a Year of "Time Limit" in such cases. Thereby, it gave a Legal Pretext, for Turkish Courts, to Reject it...
>>> But, on the Contrary, ECHR's Judgement, published Today, points at the Need of an "Exact and Certain Information" about the "Identity of the TortFeasor", and Not "mere Suspicions and Guesses", in order to "Trigger" the Time-Limit for an Application to the Courts.
- In this regard, "the Applicant Complained that he had been Denied a Fair Trial, on account of the Dismissal of his Compensation Claim, as being Out of Time", ECHR observed. Indeed, "although Time-Limits are in principle legitimate procedural limitations on access to a court, their interpretation in Disregard of relevant Practical Circumstances, may result in Violations" of Human Rights, ECHR confirmed.
F.ex., in this case, "having regard to the nature of the Explosion, the Uncertainty of the Cause of the damage, the Complexity of the matter, as well as the Various Reports on the issue, the Court finds it Difficult to follow" the Turkish Courts, which "required" from the Applicant "to Institute Proceedings at a Moment when he could Not, realistically, have Sufficient Knowledge of the Cause of the Damage, or the Identity of those Responsible" ; I.e. something "very Formalistic", bearing in mind "particularly the possible Practical and Financial Implications, of such a Requirement, for the applicant".
>>> "Furthermore, the Court notes that the Appliqant Raised pertinent Questions, that Called for a Response", the Judgement stresses. (F.ex. about the still Remaining Risk for even More Explosions, since that Leakage had Not yet been Cleaned up : Comp. Supra ; and on the Identity of those Responsible for that Deadly Explosion, etc). Indeed, "his Attempts to Clarify those Important Matters, ...went to the very Core of his Right of Access to Court", and, in Consequence, "canNot be used Against him, in assessing ... the Time-LImit", ECHR found.
=> Thus, EuroJudges concluded that "there has been a Violation of the Applicant's Right of Access to a Court, under article 6§1 of the (PanEuropean) Convention (on Human Rights)", and awarded to the Victim 2.500 € for Non-Pecunuary Damage, as well as 3.000 € for the Costs, wityOut "Speculating" about "the Outcome of Proceedings", at the National Courts, "as regards Pecuniary Damage", in addition.
In this regard, ECHR noted, indeed, the "Deprivation of Rental Income", the "Reduced Value of Property", and the "Risk of Further Explosions", since "necessary steps had Not yet been taken to clean the Oil Leak", as the applicant had Denounced, (Comp. Supra).
------------------------------------
Main Menu
Home Press Deontology/Ethics 2009 Innovation Year EU endorses EuroFora's idea Multi-Lingual FORUM Subscribers/Donors FAQs Advanced search EuroFora supports Seabird newsitems In Brief European Headquarters' MAPs CoE Journalists Protection PlatformBRIEF NEWS
- 00:00 - 02.06.2021
- 00:00 - 18.10.2020
- 00:00 - 19.06.2020
- 00:00 - 18.05.2020
- 00:00 - 20.04.2020
- 00:00 - 02.02.2020
- 00:00 - 09.12.2019
- 00:00 - 27.11.2019
- 00:00 - 16.11.2019
Popular
- Yes, we could have prevented Ferguson riots says World Democracy Forum's Young American NGO to ERFRA
- Spanish People Elect CenterRIGHT Majority with 1st Party and Total of 178 MPs (6 More than the Left)
- Pflimlin's vision
- The European Athletic "Dream Team", after Barcelona 2010 Sport Championship Results
- Source Conseil d'Europe à ERFRA: Debatre Liberté d'Opposants à Loi livrant Mariage+Enfants à Homos ?
- Head of BioEthics InterGroup, MEP Peter Liese : "Embryonic stem cell research reaching its END" !?
- Spain: Jailed Turkish Terror suspect with Explosive,Drones,Chechen accomplices stirs Merah+ Burgas ?
- UN Head Ban Ki Moon at CoE World Democracy Forum : - "Listen to the People !"
Latest News
- EUOmbudsmen Conference 2022: Digital Gaps affect People's Trust threaten EF Project on EU Future ?
- French Election : Black Out on Virus, but Obligation for Fake 'Vaccines" Challenged
- Both French Presidential Candidates point at "Humanism" in crucial times...
- France : Zemmour = Outsider may become Game Changer in Presidential + Parliamentary Elections 2022
- PACE President Cox skips Turkey Worst (Occupation) case compared to Russia (DeMilitarisation) query
Statistics
Visitors: 56758178Archive
Login Form
Other Menu
The High-Tech, brand new Crisis' management Center (CMC) inaugurated Wednesday by French Minister Bernard Kouchner, fits well EU's Humanitarian and Security-Defence aims, revealed a gathering of the largest Group of MEPs (EPP) organised in Paris these days, to prepare the debate on French EU Presidency's priorities (July - December 2008), that President Nicolas Sarkozy will present next week in EU Parliament in Strasbourg.
Due to face a large spectrum of Crises : from Humanitarian (f.ex. Natural Catastrophes, evacuation of Civilians or rapatriation of expats, populations exposed to Hunger and/or risky Sanitary conditions, etc), to various consequencies of Terrorist threats, Armed conflicts, or of Peace-keeping operations, etc, and joining Geopolitics with Diplomacy, CMC is able to deal with urgencies in real time anywhere in the world, by concentrating qualified Experts and impressive High-Tech equipment (i.e. Giant Computer Screens working in parallel, Visio-conferences, Satellite connections, etc).
Kouchner stressed that "Humanitarian and Political considerations can co-exist in real practice, if each one respects its independence", and, speaking to EuroFora, underlined his intention to have special representatives in "Strategic" locations, creating a "Network", open particularly to European cooperation.
- "We must fill the gap in Europe's Civilian and Military capacities", declared earlier at Matignon, French Prime Minister Francois Fillon, while EU Commissioners met with their counterparts among French Ministers.
This point was at the focus of European People Party's "'Study Days" in Paris, from 2 to 4 July 2008, entitled : "For a Safer Europe", with a central Debate on EU's Security and Defence policies, where EU Parliament's President, German MEP Hans Gert Poettering, French Minister of Defence Herve Morin, and the Chairman of EU's Defence Committee, MEP Karl von Vogaw, spoke before meeting with Sarkozy, Wednesday afternoon.
- "We need specifically European systems, including, f.ex. Satellite networks, etc", stressed the experienced Chairman Karl von Vogaw, speaking after the meeting with President Sarkozy to European Journalists from EuroNews, EuroPolitique and EuroFora.
- And there where "European forces are already gathered, (f.ex. in Cyprus, Balkans, Lebanon, etc), if new operations started, I'd prefer to see them under European command in Future", he added, in reply to questions on how to overcome problems raised by a 3rd Countries as Turkey.
Vogaw presented earlier, at EPP's plenary, a comprehensive Report on EU's Security and Defence policy, with a strong High-Tech component (including Satellites, UAV, protected Telecoms, Strategic Air and Sea Transports, Space assets, etc), sharp references to Political will and Historic necessities, while also stressing that EU must overcome the divide between Civilian and Military research and activities, making "a close cooperation between Civilian and Military means" a "specific" mark of Europe.
The experienced Top MEP, after helping to build the "EuroZone", as a long-time Chairman of EU Parliament's Economic Committee, has recently started to chair a brand new "Security and Defence Committee", aiming to build European Defence, as the 2nd task of his life, as he told earlier to EuroFora.
The Committee, chaired by Vogaw, will hear, next week in Strasbourg an Experts' view about on the French EU Chairmanship's priorities in ESDP on Wednesday, before President Sarkozy's plenary debate, exceptionally on Thursday.
Polls
SMF Recent Topics SA
- Record Hospitalisati... (0) by Breadman
- How Many Infected by... (1) by Thunderbird
- Real Cause for Europ... (0) by Breadman
- Interesting Australi... (0) by Aurora
- Plus de mRNA Faux-&q... (0) by Aurora
- EU: Lukashenko as E... (0) by WKalina
- Why NATO in Ukraine,... (0) by Geopol
- Afghanistan's key : ... (0) by Thunderbird
- Anti-Pass Demonstrat... (0) by Aurora
- Veran - Fioraso : Mê... (1) by JohnsonE