ECHR: Raimondi finds Turkish reply for Torture "Excellent News"
*Strasbourg/ECHR/Angelo Marcopolo/- Mr. Guido Raimondi, who holds ECHR's Top Job at its Head since 2015, appeared Glad to Anounce Today, from Early Morning, in an Exceptionaly Shortened Press Conference, with about 35 Minutes of Q/R, (the Only one that Strasbourg Journalists used to have during a Whole Year, normaly very Much Longer), read a Written Declaration Anouncing, particularly, that he Found the Turkish regime's latest Reply to Numerous Denonciations of Torture and Inhuman/Degrading Treatments, (including Mob Lynching attempts, Brutal Humiliations, Rapes, etc), in Addition to Arbitrary Deprivations of Liberty, etc, as already Documented even by several European/International NGOs specialized in Human Rights, Victims' Families and/or Friends, etc, as ... "Excellent News".
That "Excellence" consists merely into ...Setting up of "a Commission", appointed by the Turkish Government, (i.e. the Same that is Accused of Torture and/or Many Other Serious Violations of Human Rights, particularly Since the Summer 2016 Massive Arrests, Prosecutions, etc., of Many Tens of Thousand of People, including even Judges, Journalists, Educators, Civil Servants, Young Conscript Soldiers, Policemen, Doctors, etc).
According to converging CoE's Sources, it's also that Turkish "Commission", which reportedly served as a Pretext or Claim, Earlier this Week in Strasbourg, in order for a Minority to Hinder even a Crystal-Clear Majority of MEPs in CoE's Parliamentary Assembly to hold an "Urgent Debate" on Turkey, which could have had also some Far-Reaching Repercussions, even vis a vis EU - Ankara developments, (Comp.,f.ex.:....).
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To one of the Rare Critical Questions in such an Exceptionaly and UnExpectedly Shortened "Press Conf", raised by an Experienced French Collegue for a Radio, about whether such a Turkish "Commission" might be, in Fact, "Dangerous" for Human Rights, it was practicaly Replied that ECHR,simply, intends to "Follow Closely" its functioning in real Practice, (withOut Explaining How and When exactly), and that "the Point" was that the Victims of Torture, if they found, Later-on, that the Conclusions of that "Commission" Failed to provide Urgently Needed Redress for Grave Human Rights Violations, then, they "could" Lodge also anOther Legal Complaint, this time in front of a Turkish Court...
I.e., Afterwards, the Victims in eventual Urgent Need for Protection and Redress, could also Make Several More Legal Complaints, in Many Other Turkish outlets, (f.ex., Appeals, Superior Court, etc., including another Application to the Turkish "Constitutional Court", recently Established in order to "Filter" and/or Delay even more the Moment when, at last, f.ex. a Heavily Tortured Prieoner might be, finaly, legaly able to Lodge an Individual Complaint to Strasbourg's ECHR. Then, he would, notoriously have to Wait for several Years, before a Judgement might be issued, later on, in hs favor, or not. If it's not yet that, the Victim might, eventualy, Try to Reach ECHR's Grand Chamber, (but that's nota guaranteed Right at all, depending on the Discretion of an ECHR's internal Team, which doesn't even Motivate at all its Decisions to Accept or Refuse even to Consider such an Ultimum Remedium quest.
Regrettably, it wasn't even mentioned How Much Time might Need, in Real Practice, for all those Delicate and Complex Legal Procedures, a Tortured and f.ex. repeatedly Raped Dissident, Arbitrarily Deprived of Liberty and Closed in Turkish Prisons, where he/she might be Facing, each Hour, Day, Week, Month, Trimester, Semester, Year, etc., a Too Long Series of Inhuman/Degrading Treatment, withOut any Timely Help.
It's only Known that, mutatis-mutandis, f.ex., certain Greek Cypriot Refugees/Displaced People, (particularly 2 Different Old Women, etc), have notoriously ...Died, while Waiting, in vain, at least a Judgement to be issued by the ECHR, after Too Many Years of persistent Deprivation of any Access to their Famil Home and/or other Private Properties, in their Ancestral Land, where Turkey's Military Invasion and Occupation forces still Hinder them to Return, (Comp. f.ex., former Long-Time ECHR President, professorJulius Wildhaber's moving, sincere "Excuses", communicated to "Eurofora"s co-Founder, when we Raised that Dramatic Question in an ECHR Press Conference in Strasbourg, on behalf of the remaining Family of that Deceased Refugee Woman, who had been Vainly Waiting for, at least, an Elementary Justice, for Too Long : See our relevant Publication, then at TCWeekly, etc.....).
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Even After such Moves, a Jailed Victim of Torture in Turkish Prisons, notoriously Full after Massive Arrests since 2016, would also have to Wait, probably much Longer, for CoE's Committee of Ministers in Strasbourg, to Start Discussing his/her Case during their Trimestrial or Semestrial Meetings on ECHR Judgements' Implementation, Hoping that, at last, After Many More Years of Delay, he/she might, eventualy, see at least an Elementary Justice to be done. (Without Guarantee, as Too Many still Pending Cases for Execution, including even on some among the Most Serious Violations of Human Rights, as, f.ex., that of "MISSING" People and Victims' Families, etc., Many of whom still Vainly Wait for Justice to be done, according to the Principles that ECHR's well established Case-Law had clearly published and reiterated even recently)...
Wouldn't it be obviously Better, if one applied, in the case of Human Rights Violations' Victims, the Same rapid Celerity, Hasty Moves, and sharply Shortened Time Deadlines, as f.ex. those which UnExpectedly, withOut any Previous Warning, and Contrary to the Established Practice, Suddenly, provoked, Earlier Today, an Exceptionaly Short "Annual Press Conference" at the ECHR, with Only a Few Tens of Minutes for all Strasbourg Journalists' (supposed to Express the main Concerns of more than 800 Millions of People throughout all CoE's PanEuropean area !) Questions/Replies in a whole Year (i.e. 365 Days !), something Never Seen Before in more than 24 Years of ECHR's Press Experience (+9/1993-2017), which practicaly Hindered us (and, perhaps, also others, if we wereNot the Only one Targetted) to have a Real Chance to Raise Any Topical Question on Human Rights developments at an ECHR's Press Conference for a whole Year, (after also several Time-Destroying, various sly Harassments during particularly the Last Few Days, notoriously Overloaded with Many Interesting and Important CoE's and Other Activities) ?
Naturaly, if it's also the Victims of serious Human Rights Violations who might have a Chance, for their badly and Urgently Needed Protection, to Benefit from such Fast-Track, Quick-Fix, Exceptionaly Shortened Procedures, in order to Obtain Justice, then, obviously, they would be very Glad to do so, and the PanEuropean Mechanism for the Protection of Humab Rights would Work much Better than that, for the General European Interest, and of that of any Good and Honest People in our Continent, whose History is written also Here and Now...
(../..)
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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.
+ ECHR's Statistics on Freedom of Expression (See below).
European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.
His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.
To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".
Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned in 10 years of jail 2 executants, but not yet the instigators.
While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..
In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?
- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.
- "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.
- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".
- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".
"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".
"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.
Costa's call was strongly supported by several Top CoE MEPs, from various Political areas
- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.
- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..
- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press". "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".
Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians cannot function without a Free Press. Not investigating, is not protecting ourselves".
So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded
- "CoE can' look at these cases differently. CoE can't wear Blinckers !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British Socialist MEP, Alan Meale.
- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.
(See also earlier News at "EuroFora" on similar issues).
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ECHR's Statistics on Freedom of Expression :
Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.
Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
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During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.
France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.
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