

EUROCORPS Commander +EU JHA Head to EuroFora: Lisbon Treaty's Human Rights +Security/Defence horizon

They both stressed in Strasbourg, headquarters of the European Court of Human Rights and of EUROCORPS, that, now, with Lisbon Treaty, new horizons on Human Rights and EU's Security and Defence have become possible and could evolve fast, mainly via the new method of "reinforced cooperations", but effective developments, and their timing, depend on political will....
In addition to EU's new Charter on Fundamental Freedoms, which entered into force today, Lisbon Treaty makes it possible and incites the EU to also become a member of the older and larger panEuropean Convention on Human Rights :
A "useful" move both in order to ensure a "coherence" on EU Citizens' rights' case-law between the EU Court of Justice at Luxembourg and the European Court of Human Rights in Strasbourg, and because "they don't cover exactly the same areas", Brun observed to "EuroFora".

Significantly, he spoke on the sidelines of a joint EU - CoE Conference on Childrens' Rights, fex. vis a vis Adoptions, trafficking, etc, where participants (EU/CoE Officials, politicians, experts, NGOs, journalists, and even individuals whose life had been seriously affected by various related issues) held "hot" discussions highlighting various problems still in need of the right answers, well beyond an International Hague's Treaty and a specific CoE's Convention, which still left several unanswered questions open
For the Legal, technical matters, "we have been prepared since a long time ago, so that we can move quite fast" for EU's accession to the ECHR, the experienced EU's Head of JHA's services told us.
According to CoE's sources, this might, eventually, include, fex. also a guarantee that EU institution's acts would be monitored by a special EuroCourt's Chamber composed by EuroJudges coming only from EU Member States, and not from other, Third Countries, among PanEuropean CoE's 47 Member States.
- "But the ratification process might take longer than scheduled", Brun warned. Eventual delays might come "not so much from EU Member States, since they have all, already accepted Lisbon Treaty which provides for EU's accession to the ECHR, but from others" : The PanEuropean "CoE (under whose auspices works EuroCourt) has 47 Member States, i.e. 20 Countries more than the EU (fex., since the end of the "Cold War" and Germany's and Europe's ReUnification : Russia, Ukraine, and other former "Eastern European" Countries, but also Turkey, etc., since the particular era when the "Cold War" had started in the Past : 1950).
So, "we don't know, in advance, whether there might be any objection or delay from anyone among these 20 more Third Countries, which are now members of the CoE, but not of the EU", he observed.
That's one of the reasons for which "the ratification (of EU's entry into the ECHR, which will open the possibility for EU Citizens to challenge EU Institutions' acts if they affect their Human Rights) might take as long as about 3 or 5 Years more", the EU Top Official carefully estimated.
- "In fact, it all depends on Political factors", Alain Brun concluded, pointing at the incoming EU Commissioner on Justice and Home affairs, Mrs Viviane Reding from Luxembourg, who has been appointed in order to succeed to Jacques Barrot from France in the framework of the New EU Commission from January 2010.
------------------------------------------.
But developments might be faster on another, partly complementary, issue of particular importance to Strasbourg-headquartered European bodies : EU Defence and Security capabilities, mainly with EUROCORPS, the multi-modal and multi-national European Army's "Etat Major" :
- After Strasbourg Treaty entered into force, at the beginning of 2009, ratified by all 5 "Framework Nations" (France, Germany, Belgium, Luxembourg, Spain), to which are added other 5 "Sending" Nations represented by Liaison Officers, while EU Parliament was voting a landmark Resolution calling for the creation of a European Defence and Security policy based on the use of EUROCORPS' tool, it has a Legal frame and Democratic support for further developments of a European Defence, observed his New Chief :
- "What is needed now is that somewhere among the framework nations, emerges a "Driving Force" to boost the European Defence and Security policy", stressed from the outset EUROCORPS' new Commander for 2009-2010, Lieutenant General Hans-Lothar Domroese from Germany, speaking to "EuroFora".
Perhaps significantly of EUROCORPS' Enlargement possibilities, his new Commander took over his duties by succeeding to a Spanish General, just before Spain chairs the EU in the 1st semester of 2010, and was present at a CoE event on the "double Anniversary of Romania's National Day and of EU Lisbon Treaty, on December 1st 2009", as CoE's Deputy Secretary General, Mrs Maud de Boer-Bucquichio observed
Domroese, speaking the day Lisbon Treaty entered into force, akcnowledged that the possibility it provides for "Reinforced Cooperations" speaheaded by initiatives undertaken by some pioneer EU Member States and open to all other willing EU Member Countries is an adequate and efficient tool in that direction.
- "But, in fact, it all depends on Political WIll", EUROCORPS' new Commander warned.
Domroese, who has already served even at Afghanistan for a few months at the beginning of 2009, aqreed however with "EuroFora" that, at least at the start, EU's Defence capabilities' development can become soon Popular among EU Citizens, fex. by protecting EU's external borders, intervening in Peace-keeping operations in preference around Europe's Neighbouring Countries, (fex. in Cyprus, if a Peace deal for its ReUnification is made with a European/International Guarantee), helping to face "Natural Desasters", etc
The new EUROCORPS' Commander, who took over his duties on September 2009 for 2 crucial years, speaking at the CoE to "EuroFora" appeared optimistic but also careful to further enhance both EUROCORPS' capabilities and political support in 2010.
ESDP was the only one among France's 2008 EU Presidency's priorities who did not had enough time to be fulfilled then, particularly after it had to struggle (successfully) both against the unforeseen Global Economic Crisis and to stop an unprecedented Russia - Georgia War.
Significantly, EU Parliament has recently decided to create, for the 1st time, a specific "Security and Defence Committee", which had been initially entrusted to the experienced German f. MEP Carl Von Wogau, from nearby Fribourg, (the "father" of EU's Monetary Union among MEPs, since he had worked for 10 Years as former President of EU Parliament's Economic Committee for the creation of EuroZone, before starting to help build EU's Defence). After June 2009 EU Elections, EU Parliament elected as new President of its Security and Defence Committee the mainstream new MEP Arnould Danjean, from the Governing French Party UMP, a specialist of ESDP and GeoPolitical issues with personal experience even on the spot (Balkans, etc), who is well known among French President Nicolas Sarkozy's close councilors, as well informed sources from the Presidential Elysee palace said to "EuroFora".
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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 ?

- "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.

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).
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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.
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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.