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Home arrow newsitems arrow EU to EF: Trump may be Right on Mail-in Votes +OSCE to EF: US Election Check=Still On-Going Process

EU to EF: Trump may be Right on Mail-in Votes +OSCE to EF: US Election Check=Still On-Going Process

Pisac ACM
22. 12. 2020.

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*Strasbourg/Angelo Marcopolo/- it's Not Excluded that Trump Might be Right, particularly on Mail-in and various Absentees' Votes, a matter Decided by the States, and, at any case, Monitoring on US Presidential Election is "Still an On-Going Process", told "Eurofora" 2 European Top Senior Officers, of the EU and Trans-Atlantic OSCE, respectively, in relation with his 1st Legal Complaint to the US Supreme Court on alleged November 3 Vote's Fraud and Irregularities, lodged just Yesterday, while Just 2 Weeks remain before the Official Reading on States-certified Electors by US Federal Congress on January 6, 2021.

Until Now it's an UnExpected Historic Paradox that USA's Federal Supreme Court has Not yet Examined, Neither Judged on the Merits, Any Legal Complaint on such a "Hot", Serious and Topical Constitutional Law as that of the Still Contested 2020 US Presidential Election, Contrary, f.ex., to what happened Back on 2000, in the Famous "Bush v. Gore" case, Even if the Main Issue raised Nowadays is, in Fact, very Similar to what late Justice Scalia had Named then as concerning the Not-Counting of "Questionable Legality Votes", for the sake of "Democratic Stability" based on People's "Trust", (See, his Opinion, joined also by Other Judges, at : www.eurofora.net/newsflashes/news/usasupremecourtandvotefraud.html, etc).

President Don Trump has Recently Denounced, in his Latest (and "Most Important of all", as he stressed) Speech on alleged Massive Fraud and Gross Irregularities of this 2020 Election, (See : http://www.eurofora.net/newsflashes/news/usa2020electoralfraudproofgrows.html, etc), among others, also the Fact that almost All European Countries Refuse to Accept "Mail-in" and/or other "Absentees'" Ballots, the USA being practicaly Alone to do so Nowadays, (After mainly "Dems"-Governed States, Notoriously Decided to use such kind of Controversial Ballots, Exceptionaly on 2020, Triggering Many Controversies, precisely Because of Fears for Easier "Fraud", and nonobstant about ...400 Cases in Courts, throughout 44 States, which were All Ruled by quite UnTrustworthy Judges ...according to "Partisan" Criteria, as OSCE's Preliminary Report on these 2020 US Elections Denounced).

- EU Commission's Chief Spokesman Eric Mamer, Replying to an "Eurofora"s Question earlier, whether Trump's Claim that the Fraud Risk in US Elections, due to Mail-in, Absentee Votes, etc., would Not exist in Europe, Because Most Europeans Prohibit such Votes, with a Few Exceptions, under Strict Control, is the Truth, or Not, significantly, Did Not Exclude that Trump might be, indeed, Right. He simply Reminded that, in principle, "Elections are Organized by Member States", so that "Questions" about the Existence, or not, of such Fraud Risks, should be "Answered" by the concerned "National Authorities".

= And, Indeed, f.ex. in France, "Eurofora" found that the Legislation does Not Accept Any kind of "Mail-in" or other "Absentees"' Vote, (Even on 2020, f.ex. in Mayors' Elections, Nationwide), But Only the Unique Possibility for a Voter to be, if Necessary, "Represented" to the Polling Station through a "Proxy", i.e. Someone Else : Something Exclusively Reserved for ..."Handicaped" People and/or "ExPats", who Must, Previously, Meet Personaly with a Public Authority's Agents, in order to Officialy and Personaly Declare their relevant Will, with their ID Cards, and by Signing an Official Document "in theur Presence"...

 + In the UK, where some Exceptions existed on "Mail-in" Ballots, a Big Scandal of alleged Fraud in favor of Controversial former PM Tony Bliar's "Labour" Party, Marked the 2005 Parliamentary Elections, with several People Condemned f.ex. in Birmibngham, and CoE's Assembly making afterwards an Investigation and a Hotly Debated in Strasbourg Report, while PM. Bliar was Obliged to Resign a few years After that, (Conservatives taking over the Government Since 2010, until Now).

=> Precisely Because of various Similar and/or Other such Reports of more or less Wide-Spread Fraud and/or Gross Irregularities, Most European Countries had, indeed, to Confirm and Perpetuate, or Introduce an Electoral System withOut Any such Controversial, and Easy to Maipulate or even Buy, "Mail-in" or other "Absentee" Ballots, (which in USA's 2020 Elections' case went as Far as to Add, Also, so-called ...."Drop Box" [sic !] Ballots, even in the Streets, "Parc" Ballots, "Drive Through" Ballots, etc., Often Skip ID Photo and/or Signatures' Verification, etx), as some US Publications Warned, Already Since August 2020...

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+ A TransAtlantic OSCE (where USA is a Full, Prominent Member) Senior Official, speaking to "Eurofora" Today, under condition of Anonymity, pointed at the work of a PanAmerican OAS' Election Observation Mission, which Monitored too these 2020 US Presidential Elections, as they did also, Recently, f.ex. for Bolivia's 2019 Presidential Elections, where, Notoriously, Morales was Ultimately Obliged to Resign and Flee to Mexico, after Criticism for Suspicions of Fraud, mainly Based on alleged "UnExplained", "Statistical" ImProbabilities and on Late Ballots Suddenly Reversing an Initial Victory of a Candidate, by an AbNormaly Big Number of Votes for that "Socialist/Liberal" Former President, who was, therefore, Discredited as illegitime, Faced Popular Demonstrations and Lack of Military Backing, (etc), before being Replaced Later-on.... Moreover, According to relevant Press Sources, a Parallel EU Foreign Policy Report on those Controversial Presidential Elections has made a Similar Criticism on 2019.

>>> By a striking Coincidence, the main Discrepancies reportedly Reproached by that OAS 2019 Report against Morales, are Astonishingly Similar to a Key part of those made Nowadays Also against Biden on 2020 in the USA : F.ex., Many "UnExplained", "Statistical" Improbabilities, Sudden Reversal of Results, (initialy Won by a Competitor), through Late and Controversial Ballots, DisPrpoportionaly Favoring him, (a Pattern, indeed, Repeated in All or Most of the Crucial 6 "Swing" States), etc. !

++ CoE's PaEuropean Ortganisation's (where USA is Not Member, But has a Special Status) Press Officer Mikaela Catalano told "Eurofora" earlier that, this time, its Parliamentary Assembly (which Usually Follows OSCE's Electoral Observation Missions)  had Not Send any Delegation to Washington DC, But, given the Big "Hot" Controversy about this US Presidential Election 2020, she did Not Excluded a priori that the Assembly Might, Eventualy, Decide, Later-on, to Draft a Report and/or Hold a Public Debate, (as CoE has Already done in the Past, on other Human Rights/Rule of Law/Democracy Issues in the USA), given the Current "Hot" Controversy and International Interest on that Topical Issue.

CoE's, as well as OSCE's, EU's, and OAS' Established Standards on Elections' Monitoring accorss the World, Notoriously include, inter alia, Particularly the overall Press coverage, (which should Not be Excessively Unilateral and Biaised, But basicaly Pluralist and Fair), Transparency, (f.ex. via Multi-Partisan and International Observers, etc), Respect for Rule of Law, proper Votes' Counting, etc.,

while that US 2020 Presidential Election is Notioriously Marked, among others, also by an Obvious, UnPrecedented Level of pro-Biden, Unilateral and often Biaised stance by almost All Establishment's Medias, (as "OSCEé"'s Prelimiary Report, Already Noted, added, Meanwhile, Even by "Turn-Coat" "Fox-News", and even "Breitbart", which Started to Censor massively its own Faithful Readers' Comments, for the 1st Time : All in the process to be, apparently, Replaced by a New Kind of "Citizens' Press", facing, however, GAFA "Big-Tech"'s Censorship in Social Media), Added to Notorious Bullying and Obstruction against Republican, pro-Trump "Observers" in Polling Stations, Violations of US Federal Constitution on "Mail-in", "Absentees", "Late", a.o. Votes or Signatures' Checks, etc., (Comp. Supra),  as well as a Big Row (with Various Gross "Errors" Already Found) on Votes' Counting, (Both in Paper Ballots, and in Controversial "Dominion" Electronic Machines)...

+++ At any case, Meanwhile, OSCE's Electoral Observation Mission Continues to Monitor Nowadays all the notable Relevant Developments in the US about that UnSettled Yet Controversy about alleged WideSpread Fraud and Gross Irregularities in the 2020 Presidential Election, and, particularly, to Watch "How are Handled possible Legal Complaints", as the Heads of that Mission had Already Warned, in a Press Conference at Washington DC, from the immediate Aftermath of the Vote, on November 4, (See: http://www.eurofora.net/newsflashes/news/usasupremecourtandvotefraud.html, etc), and this was Confirmed, Today, also by the Replies of an OSCE's Senior Official to "Eurofora"s relevant Questions :

- Indeed, "We (OSCE) are Still Analysing" and "Seriously Following" relevant Developments, about the Outcome of these US Presidential Elections,  Because it Remains, Nowadays, "an ON-GOING PROCESS", he/she significantly told us, (speaking on condition of anonymity, due to the delicate character of this Issue).

=> Indeed, OSCE's crucial "Final Report" on these Controversial US 2020 Presidential Elections is "expected to be Published for about Mid-January" 2021, he/she told "Eurofora".

>>> In other words, OSCE's Final Conclusions on this Elections' Results are Expected, by a Significant Coincidence, ...Just After that Decisive US Congress' Official "Reading" about "Official" and "Alternate" slates of Electors from the "Swing" States, currently Challenging each other, (one for Biden, and one for Trump in Each of those "Battleground" States), Notoriously Scheduled for January 6, and which is, precisely, the Target of President Trump Legal Team's 1st Petition to the US Federal Supreme Court, Yesterday, (with a Demand for Urgent Action since Today and particularly Tomorrow, December 23).

+ At least anotOther 1 to 3 such Legal Complaints to the Supreme Court, should, Reportedly, soon Follow, Adding Other among those 6 "Swing" States' very Controversial cases, according to Lawyer Guliani, (while some Other People, in parallel, Dream to become "Proud" Members of an Eventual "Class Action" by "We the People", if possible, as they have Recently Informed "Eurofora"s Readers, on the Entire Range of alleged Wide-Spread Fraud/Gross Irregularities of that Controversial 2020 US Presidential Election).

Thus, it canNot be Excluded a priori that even OSCE's crucial Final Report (Comp. Supra), Might, Perhaps, be Delayed Further, in case of Relevant Unforseen Events, that Senior Official added to "Eurofora", while the usual "Inauguration" Day for whoever might become POTUS has been, Notoriously, Scheduled for January 20, (already surrounded by the "Electric Mist" of Various Other on-going Rumours/Hypothesis, more or less credible: See, f.ex.: http://www.eurofora.net/newsflashes/news/usa2020electoralfraudproofgrows.html, etc)...

 

(.../...)

 

("Draft-News")

 

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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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