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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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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

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

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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