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Inicio arrow newsitems arrow Professor Cutajar to Eurofora on Paradise Papers scandal: Shaky Legal claims + No Transparency

Professor Cutajar to Eurofora on Paradise Papers scandal: Shaky Legal claims + No Transparency

Escrito por ACM
11.01.18
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*Strasbourg/Press Club+International Kleber Library/Angelo Marcopolo/- At an event co-organized by Strasbourg's Press Club and International Kleber Library, University Professor Chantal Cutajar, (Experienced on Transborder Financial Crime, where she helped build a European Network funded by the EU: See http://www.eurofora.net/newsflashes/news/eusciencefundsimpact.html), presented Today a Legal Experts' Analysis on the still contentious Issue of so-called "Paradise Papers" Scandal, where Controversies are still going on Worldwide, and she resumed later (*) to "Eurofora" the main substance of that Topical Debate, where she was associated also with French Expert on Corporate Criminal Law, Philippe Marchessou, (a long-time "Eurofora"s aquaintance from Strasbourg's Faculty of Law) :

 
professor_cutajar__legal_expert_marchessou_eurofora_400
 

  Cutajar is also Director of the European College for Financial Investigations and Financial Analysis of Crimes (see: http://www.eurofora.net/newsflashes/news/eucommissionerredingoneuprosecutorandtraining.html), as well as Head of GRASCO (the Group for Research and Action on Organized Crime), and her Research extends at a Wide area, including, f.ex., also "Cyber-Crime" via Internet, (See: http://www.eurofora.net/newsflashes/news/cyberattaksandeurules.html), etc.

 

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 -  Here, "the Problem is that some have Claimed that the <<Paradise Papers'>> Set up might be Legal", she told "Eurofora" from the outset.


 - "So, we organized a Discussion about that, with Experts on Corporate Law and Fiscal Law, where it was demonstrated that, in fact, all that, cannot be really legal"...


 - In particular, "since that is used in order to Avoid Fiscal Obligations, it canNot be Legal", she stressed.


 - "Such cases concern Both Individual Persons and Corporations".
 - Especially "when they use all possibilities of Corporate and Fiscal Law in order to Avoid Taxes", Cutajar pointed out.


 - F.ex., "it was demonstrated that this was used even by the Queen of England, or Hamilton who bought his Airplane withOut paying Added Value Tax, a Corporation which created a Subsidiary Company in order to Corrupt for obtaining Procurements, etc"...


 - A Key point in that is the "use of Off-Shore Companies" : F.ex., "in Organized Crime cases, Money Laundering is done via Off-Shore Companies, and in Tax Fraud, the Tool is Off-Shore Companies".

 

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 - That's why, "for me, My Struggle is for Transparency of Corporations. Because, as long as there is No Corporate Transparency, it will always be possible to do things in Secret", by abusing of procedures, "through a System of Intermediaries", etc., she Warned.


 - In Fact, all those who take Benefit from such shady moves, Bear at least a Responsibility for Faulty Negligence, if not for doing that on Purpose". Because "a Lawyer must Always Question the Aim of an Operation", Professor Cutajar underlined in Conclusion.

 

 

(../..)


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[(*) NOTE : "Eurofora" had been, Earlier, at a CoE's Event, organized on the Same Day and even Hour, at the Other Side of Strasbourg  : See adjacent Publication]
 
 
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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).
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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.
--------------------
    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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