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Home arrow newsitems arrow CoE Official points at Report citting EU-CoE Coop. versus Turkish Blockade of ECHR rulings Execution

CoE Official points at Report citting EU-CoE Coop. versus Turkish Blockade of ECHR rulings Execution

Written by ACM
Thursday, 21 January 2021

 agg_at_coe_press_videoconference_with_sawicki_pace_eurofora_400

*Strasbourg/Angelo Marcopolo/- CoE Assembly's Experienced CEO, Wojciech Sawicki, speaking to "Eurofora" a.o. Journalists Invited to the Video-Press Briefing on the forthcoming 1st 2021 Plenary Session (25-28 January) of the PanEuropean, 47 Member Countries-strong (Russia included) Parliamentary body, under German Chairmanship (November 2020 - May 2021), Pointed to the Importance of a New Report on ECHR Judgements' Execution, which might Hold a "Key" on Solving the Deleterious for Basic Human Rights Problem of Turkey's stubborn Refusal to Implement ECHR's Judgements Condemning her on particularly "Hot" Issues, such as Cyprus' "Missing" People and Refugees from the Occupied Territories of the Island, even More than 45 Years since the 1974 Foreign Military Invasion by Ankara's Army, still Persisting at this Strategic EU Island until Nowadays.

                                                                                                                                                                                                                                                                                                          Contrary to what has already happened in Other Areas of the World, including Even Latin America, etc., and Despite ECHR's Crystal-Clear Case Law, Nobody has yet been Found and Punished among those Responsible for Tragic Dramas inflicted by Turkey among more than 1.500+ Greek Cypriot "Missing" People and their Families, while Many ECHR's Judgements Condemning Turkey for blatant Violations of Cyprus' Refugees/Displaced People's Rights to their Family Homes and Properties, Still Remain Scandalously UnImplemented, withOut Restitutions, not even Full Indemnisation, (but Only 1 Partial Exception dating from 2004, made in Exchange of a Political Concession by the EU, then).

    But a New CoE Report's Recent "Addendum" on ECHR Judgements' Implementation might hold a "Key" in UnLocking Turkey's Stubborn Obstruction at "Hot" Human Rights Issues, such as "Missing" People or Refugees from Cyprus' Invaded and Occupied Territories still held by Ankara's Foreign Army.

    - Despite some Pressure to Stop PACE's Tradition for such Regular Reports, Public Debates and Resolutions voted by MEPs, on ECHR Judgements' Execution, Nevertheless, -"We (CoE's Assembly) Insist" to Continue doing so, Firmly Stressed the Experienced CoE's Senior Official, since this Obviously Allows to Openly Denounce various eventual Wrong-doings, Propose and/or Promote Alternative Solutions, Call for possible Sanctions against Too much Recalcitrant States, (as, particularly, Turkey, a.o.), etc, Instead of merely Swiping it all Under the Carpet...

    => In this case, the Latest "Addendum" to the bi-Annual PACE Report on ECHR Judgements' Application, Drafted by Cypriot MEP Eftymiou (an Atypical "Socialist"), indeed, contains a very Interesting Hypothesis :

    - In order to Overcome Turkey's Stubborn Refusal to Pay Any Financial Indemnisation of Greek Cypriot Refugees for the Persisting Usurpation of their Belongings at the Occupied Territories of Cyprus, a Refugee lodged a Legal Complaint allowing him, as well as other Victims, to seize an equivalent amount from EU Funds earmarked for Turkey's controversial and unpopular EU "Accession" bid...

 => After an Initial EU Commission's Refusal, that Case, originaly known as "Ramon v. Turkey", Recently came at EU's ECJ at nearby Luxembourg, where it's now Pending.

  It practicaly means that, Now, ECJ holds a "Key" able to UnBlock a Previously Deadlocked and Scandalous Situation, where Turkey was Refusing for Many Years to Implement ECHR's Judgements on Refugees' Homes and Properies, or "Missing" Persons' Families, etc., (Comp. Supra), withOut leaving, Until Now, Any Other Alternative to the CoE's Committee of Ministers, responsible for overseing ECHR Judgements' Execution, but Only an inevitably ..."Majochistic" Repetition of purely Verbative CoE's "Calls" upon Ankara to, at last, Honour its Commitments, with Turkey Always Refusing to do so, during too Many Years, withOut Any Sanction Yet... (See, f.ex., at: .., etc).

In Other Words, from now on, EU-CoE Cooperation Can Solve a serious Problem about ECHR Judgements' Respect by Turkey, which had Ridiculized recently the PanEuropean Mechanism for the protection of Human Rights.

 Significant of the Importance that PACE currently Gives to that New Report for ECHR Judgements' Execution is also the Fact that it was the 1st Report citted at Today's Video-Press Briefing on the forthcoming 1st PACE Plenary Session for 2021, and is also Scheduled to be the 1st CoE's Report due to get Debated and Voted, Next Week, Starting from Tuesday, Jan. 26...

 


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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
-------------------------

CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

hancock

"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

curtis

PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

vries

Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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