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Home arrow newsitems arrow EU Parliament President Buzek to EuroFora on Zacharov Prize: Free Speech Condition on Cuba + Turkey+

EU Parliament President Buzek to EuroFora on Zacharov Prize: Free Speech Condition on Cuba + Turkey+

Written by ACM
Wednesday, 15 December 2010
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EU should respect the same Principle of putting Free Speech Conditions on Economic Aid to 3rd Countries, as in Cuba also in Turkey, etc. and anywhere else in the World it was needed, including in, or close to Europe, replied in substance EU Parliament's President, Jerzy Buzek, to "EuroFora" questions after the Zakharov Prize for Freedom of Speech was attributed to Cuban dissident Guillermo Farinas, who could only send a written message or speak by phone, but was not allowed by the Cuban Authorities to come to Strasbourg for reasons that they didn't explain, leaving without any reply Buzek's letter to Castro, as he told us.


The move came timely, while EU reportedly prepares to review its economic a.o. relations to Cuba, shortly after both EU Commission's 2010 Annual Report and EU Parliament's Rapporteur on Turkey,  Dutch EPP MEP Ria Oomens-Rujten, slammed Turkey for failing to respect Freedom of Speech by restricting it too much, harassing dissidents, prosecuting them and/or throwing them in prison,  while they also face various other pressure or even aggressions etc, and European Court of Human Rights has recently condemned Ankara, this Autumn 2010, for the way it misbehaves in the landmark case of the cold-blood Murder of Armenian Journalist Hrant Dink, (See "EuroFora"'s NewsReport dated 14/9/2010).

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Farinas, a critical Cyber-Journalist at the WWW who has also launched more or less succesful Hunger Strikes asking to free prisoners considered to be political twice in the Past, including in early 2010, was only able to phone and send a text to EU Parliament in Strasbourg, where he was hindered to come for the award of Zakharov Prize, reportedly because he didn't yet receive a Visa from Cuban Authorities (who reportedly have accused him to be a USA-paid agent, while he admitted just to be co-financed by anti-castrists) to travel to France, urging MEPs to keep tight Economic Sanctions against the Cuban regime, (that USA would be ready to partially ease), which is due to hold in 2011 an exceptionally important Congress on the Strategy to follow after its 50th Anniversary.   
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- After EU Parliament's President noded personaly rowards "EuroFora" in his Press Conference for the award of the 2010 Zakharov Prize on Freedom of Speech, in a 1st Question, given "the Fact that the winner of (2010) Zakharov Prize is not here", in Strasbourg, to receive it, and that, despite "recent Insufficient Movements (in Cuba) to liberate some out of (52) Prisoners, with the intermediation of the (Christian catholic) Church", he had "said that there are still 11 that remain (in jail)",  we asked him if, at least, he "had got any Reply, direct or indirect, to (his) Letter (to Cuban Authorities), explaining what might be the Pretext for not giving him the Freedom to come here, and what is now the Situation about the rest of the Prisoners. Or didn't you receive nothing, not any Reply ?"


+ Moreover, considering that this "Prize of Freedom of Speech" is "for the Year" 2010,  "during which we had also some Judgements of the ECHR, about other Countries, which are related" to issues of Oppression against Free Speech, "EuroFora" sincerely felt that, " to be Honest, we should do our Duty and try to raise" equally "a 2nd Question .. about such" issues, which "is also Topical" :

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- During this same year, 2010 "there was a Judgement of the ECHR on September", "about the well known issue of Freedom of Speech and Life of Armenian Journalist Hrant Dink who was murdered in Turkey", "condemning the fact that No sufficient measures were taken to find out all those who instigated and were really Responsible for the Murder, or accomplices, nor to ensure that they will be all really Punished for that" case of Brutal Killing of a Journalist, "which is closer to us" (EU), given Turkey's controversial and impopular EU accession bid.

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=> "Don't you think, Mr. President, that, as a matter of general Principle, Freedom of Thought should be defended" by the EU, in the same way, "EVERYWHERE, f.ex. in  Cuba, Turkey, Russia, France, Germany,  etc., considering even matters which are still going on at this moment that we are speaking ?", we asked Buzek in conclusion.
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- Buzek revealed, in reply to "EuroFora"s "1st Question", that he "did not receive any Answer" to his Letter towards Cuban Authorities, which had asked for Farinas to be allowed to visit EU Parliament in Strasbourg for the Zakharov Prize award.


- At least, "it was a fortune that we (EU Parliament) could contact  our Laureat, Guillermo Farinas, and to have something so important for us, like that short Speech (for this occasion", he added.

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- "We (EU) have to place Conditions to our (EU's) openess ..., we (EU) can't be Unconditionally Open... ". "Wherever there is an Improvement on Human Rights and the Rule of Law, then, there are better Trade Relations and closer Cooperation as a result, F.ex. Visas ...granted, etc". "We (EU) have to be clear about what our position is". "This is an important Signal" to be "sent". "EU and other "Democratic Countries took a Similar approach", "just like" that, "with other ....Countries in the Past", f.ex. in the case of "(former) Central-Eastern European Countries", Buzek reminded earlier, as a matter of Principle.


- "I have no doubt that it's the case" also for Cuba, he replied previously to another Journalist's question, who observed that, f.ex., "Farinas raised 5 Conditions". -"Without Permanent Trade and Contacts with Wealthy, Democratic Countries it's very Difficult for Cuba to cope in the current Economic Situation", because "Cuba has Economic Difficulties". Thus, "the Cuban Authorities need to Open up to the World, and they need to loosen up, in a Democratic Direction, inside the Country", Buzek concluded in this particular example.

+ Thus, concerning "the last, 2nd Question" by "EuroFora", on the comparison with recent ECHR findings on Turkey, and the Principle that respect of basic Human Rights as Free Speech should be a condition in all EU's Economic Aid to any Country, etc., (See supra + infra), Buzek strongly stressed from the outset that he agreed with us :

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- "I can answer you very shortly : - "Yes !"", EU Parliament's President replied to this "EuroFora"s observation,  (See supra). - "Human Rights should be object of such action by the EU also" elsewhere, he stressed.


 - "And you have also Independent Institutions which are taking care about such issues", both in and out the EU, Buzek  added, apparently pointing at NGO's, Courts, etc.
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    Precisely, ECHR strongly condemned Turkey this Autumn 2010 for grossly violating Freedom of Speech and the Human Right to Life in the case of the cold-blood Murder of Armenian Journalist Hrant Dink, denouncing an impressive series of misgievings, including, f. ex. the fact that, even if Turkish Authorities knew about Plans to kill him, they didn't protect him at all, but on the contrary ...prosecuted the victim, together with those who had planned his murder (!), and afterwards, until now (2010), dragged their feet, didn't really try to make any efficient Enquiry to search and find all those Responsible for instigating, planning and executing the Murder, even covered up apparent complicities at various levels, or provocative sympathy to the suspected Murderer (even of Turkish Policemen notoriously photographed lauphing together with the No 1 suspected Killer under extremist banners !), practically leaving until now totally Unpunished even several Turkish Officers who had failed to accomplish their Duty, by "stopping", "rejecting" or Time-barring "all procedures" which raised questions on their Responsibilities, while even "Suspicions that a Turkish Police's Chief would have revealed his own UltraNationalistic views and supported the suspected Killers", "were not seriously investigated", as EuroJudges found...
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    Another Strasbourg-based Organisation, CoE's Secretary General, Thornbjorn Jagland (Norway), was also obliged to officially award another Prize in the absence of the recipient a few days earlier, concerning the Nobel Prize attributed to dissident Liu Xiaobo of China.   


    In the case of 2 other Cuban dissidents also awarded EU Parliament's Zacharov prize in the Past, and dissident Oswaldo Paya (2002),  and "Damas in Blanco" (the Ladies in White), wifes and family relatives of prisoners (2005), Paya could come, while the women's group was only alowed to visit EU Parliament 2 Years later. - "I hope for Farinas it will be shorter",  Buzek concluded in reply to another Journalist afterwards in the same Press Conference, after pointing at a "Cuban Flag" that he had placed at the empty chair.


    On Turkey, only one (1) Dissident, former MP Leyla Zana, was awarded the Zacharov prize, back in 1995, but she was also hindered to come then to Strasbourg, as she was still imprisoned in Turkish Jails, from which her Husband had just walked out, after being Prisoner for more than 15 Years. Zana finished her jail term later on, but her Son was reportedly also targetted by Turkish Authorities pushing to arrest and jail him under various accusations recently, while even herself faced anew threats, harassment, accusations, and prosecutions, even before Hundrends of recently Elected pro-Kurdish Minority's Mayors and Regional counselors were massively arrested in 2009 and most still kept in Prison today, persecuted by Turkish Courts who only started to judge them recently, almost 2 Years after arresting them practicaly the day after the were elected...
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    The main point for EU and its Citizens obviously is that, whatever Cuba's misgivings might be, at least, Havana is not claiming, as Turkey does, to be paid nearly a Billion € from EU Funds each year, nor asks to enter inside the EU (bringing at the Heart of Europe a Risky climate of Impunity and even several dangerous unpunished Criminals : Comp. supra for ECHRs findings on Turkey) , contrary to what Ankara's controversial and impopular EU bid claims. So that EU standards on respecting basic Human Rights as Freedom of Speech should normally be more elevated, concerning "candidate" and neighbouring Turkey, than far away Cuba, and, at any case, certainly not lower...


    Thus, several MEPs from various EU Member Countries had already asked, if not to stop EU - Turkey controversial "Open-ended" Negotiations, at least to drop, freeze or suspend, all or at least a part of EU's Funding (more than 800 Millions €, almost a Billion €, each Year,  even during the current Global Financial Crisis, when EU Citizens and EU itself face severe Cuts) given to Turkish Authorities who blatantly disrespect Human Rights, Democracy and/or Rule of Law, including, f.e. such mainstream MEPs of the Governing Majority in Germany, ChristianDemocrat MEPs Ingeborg Graessle and Monika Hohlmeier, who have already tabled relevant Amendments on the occasion of Critical observations on Turkey by the EU Court of Auditors, and would intend to repeat that again until it succeeds to attract a Majority of votes in EU Parliament, as they earlier told "EuroFora".

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    Something that might eventually interest also, not only the President of EU Parliament's Budget Committee, French MEP and former EU Minister Alain Lamassoure, but also EU Commissioner in charge of Budgets, Lewandovski from Poland, a strong supporter of EU Cohesion funding for EU Citizens, notoriously threatened by current fund Cuts' prospects, who, by a Symbolic coincidence, were this week filmed and published by EbsTV while speaking to "EuroFora" right in front of a huge placard on EU Parliament's Zacharov Prize for Freedom of Speech...  (See Photo)
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    But, while the Cuban Government didn't give yet any reply to EU Parliament's President, Jerzy Buzek's letter on Farinas' freedom to travel, as he revealed in reply to "EuroFora"s question (see supra), on the contrary, the Turkish Authorities, after vain, bellied promisses, found a crystal-clear way to "reply" to ECHR's condemnation for practically covering-up, until 2010, with scandalous Impunity almost all of those involved, in one way or another,  in the instigation, preparation, execution and/or cover up of the real complicities to the cold-blood Murder of Armenian Journalist Hrant Dink :

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- Shortly after ECHR's judgement was published on Autumn 2010, Turkish courts reportedly have just scandalized even a part of the Turkish Press by recently deciding to treat the only arrested suspect as a .. "Kid", i.e. so that he could any way be released free after only a few years... That recent Turkish move obviously abuses of tactics which have already been denounced, f.ex. on recent Killings of Religious persons in Turkey, to stop enquiries, by merely designating a young man as if he was alone to blame, and afterwards qualify him as a "child", f.ex. when he's aged 17 or so, as a pretext to release him soon free, so that those really responsible for the murders remain hidden in Impunity...

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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)..
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    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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