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Home arrow newsitems arrow Greek President Pavlopoulos: Turkish Army Invasions Contrary to EU Law based Cyprus Issue solution

Greek President Pavlopoulos: Turkish Army Invasions Contrary to EU Law based Cyprus Issue solution

Written by ACM
mercredi, 26 avril 2017
 
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*Strasbourg/CoE/Angelo Marcopolo/- Foreign Military Interventions by Turkey are incompatible with a Solution of Cyprus' Issue based on EU Law, stressed the President of Greece, professor Prokopis Pavlopoulos, who is also a French-educated Specialist on Legal issues concerning Public Law of the State.


He was Replying to a Question raised by Liberal French MEP Comte at PanEuropean CoE's Plenary Assembly's Spring 2017 Session this week in Strasbourg (24-28/4/2017), where he was invited to make a Keynote Address to MEPs Today, just Before a Speech at Strasbourg University's "Political Science Forum", scheduled for Later this Aftenoon, on "European Values", (See relevant "Eurofora"s NewsReport at : ...).

 

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The Cyprus Issue is "an Open Wound" since it still Faces, since 1974, a Foreign Military Occupation, he observed, speaking of Ankara's Invasion/Occupation troops at the Northern Part of the Island.
In Fact, it's an International and particularly European Poblem, and not just a National Problem for Greece and Cyprus, he stressed.


Indeed, a Solution of Cyprus Issue could better be found on the Basis of EU Law. Because Cyprus is a Member of the EU, and even of its core area of €uozone, while, in Addition, it's Only a Solution Based on EU Law which could apply the EU Acquis, professor Pavlopoulos observed.


He referred, specificaly, inter alia also f.ex. to "Article 4§2" of the "Primary EU Law", related to EU Member States' "Sovereignity", which is Incompatible with Military Occupation, Foreign "Guarantees", etc.

 
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A Precedent was f.ex. "Germany's ReUnification", where the full Application of EU Acquis had to Wait, from 1989 up to 1993, until the Last Soldier of former USSR Left the Eastern German area, as also the New President of Germany, Experienced former Foreign Minister Steinmeier, recently evoked in EU Parliament in Strasbourg.


Otherwise, it could even create a different, Dangerous Precedent for EU Member States, Risking to Undermine National Sovereignity of EU Countries, so that Noone would ever commit the Crime to yield to something which would Hinder EU's Unity and ability to Defend is own Family. It's Not Only about Cyprus itself, the President of Greece Warned.


Moreover, even Turkey would Gain from a Solution of Cyprus' Issue, while also Turkish Cypriots are Victims of the current situation, he pointed out.   

 

UN sponsored Cyprus Talks have become practicaly Stalled, under various Pretexts, since Turkey presented, a few Months ago, official Claims to maintain Troops at the Island and for other Unilateral Military Interventions in the Future again. 

 

***

 

("Draftnews", as already sent to "Eurofora" Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).

 

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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.

imag0335_400


      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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