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Inicio 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

Escrito por ACM
21.01.21

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*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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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 ?

adali_gongadze


- "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.

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      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).
-------------------------------

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.
--------------------
    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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