english french german greek italian lithuanian russian serbian spanish
Accueil arrow newsitems arrow Biden lost Last Chance to Verify 2020 Vote +SCOTUS VPresident slams Citizens Confusion+Trust Erosion

Biden lost Last Chance to Verify 2020 Vote +SCOTUS VPresident slams Citizens Confusion+Trust Erosion

Ecrit par ACM
Monday, 22 February 2021

 scotus_judges_thomas_alito_gorsuch_400

*Strasbourg/Angelo Marcopolo/- Joe Biden has just Lost a Last Chance to get a neutral US Supreme Court Verification of his Notoriously Controversial alleged Electoral Results of Nov. 3, 2020, and SCOTUS vice-President Clarence Thomas Warned of "Catastrophic Consequences" (sic !) concerning "Erosion" of Citizens' Trust to the Electoral System, After a Series of Non-Motivated Rejections of 7 Law-Suits for "Writ of Certiorari" mainly against Pennsylvania (the Biggest "BattleGround", "Swing" State among 6, Key for the Overall Electoral Result), lodged by Don Trump's Team (2), Lawyers Wood (on Georgia), and Sidney Powell (on Michigan), Pennsylvania's GOP, Lawmakers, NGOs, etc

 The "Certiorari" Procedure (Unlike an Appeal) is based on Discretionary SCOTUS' Choices, Independent of Citizens' (Electoral and/or Other) Rights, and does Not pre-Judge or affect their Legal Rights or Court Cases in substance, Focusing on the overall Organisation of Federal Public Services for the General Interest.

Most Other Trump Team's Legal Complaints have been notoriously Droped, by Mainly Partisan State Judges, basically on various Procedural Pretexts, Not on the Merits.

=> So, at least Some among 8 Legal Complaints lodged to the US Federal Supreme Court, (from which reportedly still Remains Only 1 concerning Wisconsin State, while Other Pending Issues have Not Yet Found their Road to the SCOTUS), had a Particular Importance, by, at last, Offeding to USA's Highest Court a real (Even if InComplete yet) Opportunity to Eventualy Judge on the Merits at least Some among the most Serious Problems Notoriously Faced in that Bumpy Nov. 3 2020 US Presidential Election Row.

- <<Elections are “of the most Fundamental Significance under our (USA's) Constitutional structure" because, >>Through them, We (the American People) exercise Self-Government>>, Stresed SCOTUS, f.ex. since 1979, as Vice-President Thomas reminded in a Disseding Opinion Publshed Today.

- "But Elections Enable self-Governance Only When they include Processes that “giv[e] Citizens (including the losing candidates and their supporters) Confidence in the Fairness of the Election", he underlined, pointing, f.ex. to a SCOTUS' case of 2006, according to which, “Confidence in the Integrity of our Electoral Processes is Essential to the functioning of our participatory Democracy”. On the Contrary, "Unclear Rules threaten to Undermine this System. They sow Confusion and ultimately Dampen Confidence in the Integrity and Fairness of Elections", he Denounced.

- SCOTUS' VPresident Published that on the Occasion of a Pennsylvania GOP's Lawsuit against alleged Fraud/Gross Irregularities in 2020 US Presidential Election, but Lawyer Lin Wood rightfully observed that it's, naturaly, "Directly on Point" with his "Georgia case" and "Sidney (Powell)'s cases in Michigan and Wisconsin", (Comp. Supra), etc+. Mutatis-mutandis, a Similar appreciation might Also be used on an Earlier Legal Complaint Notoriously lodged to USA's Federal Supreme Court by Texas and 18 Other States...

- Indeed, All of them were Droped under Strictly Procedural Points, and Not at all on the Merits of these Cases : Today's 7 Cases were Droped as "Moot", i.e. too much Delayed in Time. And the Texas' a.o. Lawsuit had been Droped for "Locus Standi" pretexts.

=> But, a most Substantial Consequence, throughout All these various Lawsuits, is that, at Any Case, Biden's alleged Election Claim was Not Proved at all to be True, (at least as far as the USA's Supreme Court is concerned), Remaining, on the Contrary, Always a Contested and UnCertain Question Mark !

+ In Addition, at the Present Cases, Biden's position is located on a Particularly Shaky and Doubtfull, UnStable and Negative Claim, which, Normaly, shouldN't have Enough Chances to be Admitted at all :

>>> Indeed, as SCOTUS' VPresident Critically Observes, in Pennsylvania, Recent and Controversial Changes had Imposed "In Mail" Ballots, i.e. "gave All Voters the Option of Voting by Mail" : Something that is Notoriously Considered as Dangerous for Fraud, (and is Even Excluded in CoE's "Code" for Electoral "Good Practices", established by the Competent "Venice Commission", where the USA are among its 62 full Member States : See http://www.eurofora.net/newsflashes/news/coeexpertstoefonusaelectionflaws.html, etc).

+ Whenever it Might, Perhaps, be Exceptionaly Authorized, "In-Mail" Voting should be Casted at least "a few Days Before' the Electoral Day, stresses, in Addition, CoE's Electoral "Code", (ibid). But, in this Case, Local Authorities had Even Seeked to Authorize it, initially, until 8 p.m. of the Electoral Date...

++ Evenmore, a Last-Minute Addition had Extended the Reception of "Mail-In" Votes as Far as ...Until the 3rd Day AFTER the Electoral Day, (regardless of Any Post-Stamp, or not, from the Day 1)...

+++ As if this was not enough, Moreover, it's Not the State's directly elected Parliament which had taken such a Controversial Measure, (Despite the Fact that USA's Federal Constitution had clearly entrusted the Legal Competence to do so Only to the States' Legislators), But some (UnElected by the People) Executives, Adding even More Controversy ....

- However, Curiously, Even if, from the Start, such Lawsuit "Met" SCOTUS' "Criteria for Granting Relief", and "Parties did Agree, on Both Sides, that the Issue Warranted Certiorari", while "there was, Also, No Question that Petitioners Faced irreparable Harm", and "a Strong Argument" that a Pennsylvania Authority's "Decision Violated the (USA's Federal) Constitution", and "Petitioners Promptly moved for Emergency Relief", at the Beginning, since "September 28", (etc),

Nevertheless, Already, "Before Election Day" (Nov. 3, 2020), SCOTUS had Initially Denied a Motion to expedite" that case, "Although the Question was of <<National Importance", and there was a “strong Likelihood that (the State Authority's Controversial) Decision   Violates the Federal Constitution", VPresident Thomas Criticized....

=> In Consequence, at least "Now" (2/2021) there is "No (legitimate) Reason to Avoid" these Lawsuits, he judged.

>>> Because "that is Not a Prescription for Confidence" of Citizens. On the Contrary, "Changing the Rules (1) in the Middle of the Game is Bad enough. Such rule (2) by Officials who may Lack Authority to do so, is even Worse. When those changes (3) Alter Election Results, they can severely Damage the electoral system on which our self-governance so heavily depends. If State Officials have [ NOT ] the authority they have claimed, we need to make it clear. ... we (SCOTUS) Need to put an End to this practice Now, Before the Consequences become Catastrophic", (by provoking even W ORSE ?


According to public reports, one candidate for

"a state senate seat claimed victory under what she contended was the legislative rule, that dates must be included on the ballots. A federal court noted that this candidate would win by 93 votes under that rule"

 "A second candidate claimed victory under the contrary rule announced by the Pennsylvania Supreme Court. He was seated"...

-----------------

- In Fact, things Became Nasty during "Recent Years", with "a Trend" towards a "Dramatic Expansion" of "Mail-in Votes" via the "Post" : F.ex. 0n 2018, Mail Ballots "composed Just 4% of those cast in Pennsylvania", while "Increasing in 2020 to 38% !", he Denounced.        

- But, "the Risk of Fraud is  <<Vastly More Prevalent>> for Mail-in Ballots", SCOTUS' VPresident clearly Warned, pointing, inter alia, to a "NYT" Article, where the New Dean to YALE Law School "explained that Absentee Voting allows for ... <<Alternatives to Commit Fraud>> on a Larger Scale", (f.ex. Stealing or Stuffing a Ballot box", etc), while "All the Evidence of Stolen Elections involves Absentee Ballots and the like" Nowadays... "Even Before Widespread Absentee Voting, a Federal Court had Reversed the Result of a state Senate Election in Philadelphia, after Finding that the Supposedly Prevailing Candidate had “conducted an illegal Absentee Ballot Conspiracy, and that the [election Officials] covertly Facilitated the scheme with the specific Purpose of ensuring a Victory for” that Candidate... + As for US President Trump he had Recently Explained that "Late Mail-in Ballots" Help Fraudsters by Revealing Where and How Many "Votes" they Need to Add in order to Win, (f.ex. as Biden announced himshelf, After the Electoral Night, in a Video Press-point on Pennsylvania, Boasting that InComing Mail-in Ballots will Continue to Give him a ...78% Majority at a Key County, until he Reverses Trump's Initially Winning Advance : See http://www.eurofora.net/newsflashes/news/coeexpertstoefonusaelectionflaws.html + http://www.eurofora.net/newsflashes/news/usa2020electoralfraudproofgrows.html).             

+ However, Fraud/Irregularities' Risks from "Mail-in Ballots" raise a Hard Problem for "Post-Election Litigation", because they are too Time-Consuming, (f.ex. in Checking Envelopes, Signatures [an Issue, however,Easily Solved by Romania, on Late 2020, thanks to the Registraion of "Electronic", Digital Signatures : See http://www.eurofora.net/newsflashes/news/coeexpertstoefonusaelectionflaws.html], Disputes, etc, throughout Thousands of Ballots), at a period when Courts' Time is Short, given the "Tight" Post-Electoral Events' Calendar, (f.ex. with "Fixed" Dates for Great Electors' Certification, middle December, the Official Counting, by US Congress, of their own Votes for the Presidency, at the Beginning of Jenuary Next Year, etc), pointed out Justice Thomas.    

From the point of view of "Eurofora", we don't think that such a "Zeitnot" should be an Absolute Problem : As far as main Legal and Political Principles are concerned, the Priority should, Normaly, be to Ensure that People's Democratic Choice is Respected, (i.e. Exclude Fraud/Gross Irregulrities which might Undermine it). So that the matter of 1 Week or even Month, Sooner or Later, for the Final Certification of the Great Electors, and/or the US Congress' Official Counting of their Votes for the US Presidency, should, we believe, be considered as, Comparatively, Secondary, and be Adapted, according to practical Necessities, (considering that, at any case, a Full Presidential Mandate of 4 Years expects whoever will really Win that Election). The Number 1 Issue Always being to Ensure Respect for the US Federal Constitutional Principles Guaranteing Citizens' Trust, to the Electoral System Nowadays, and Not a Mechanical, "Blind" Transposition of some 1877 -Fixed (and Only 1945 Adapted) "Dates" for the Formalities... Therefore, it seems Logical and Natural, that, Whenever there might, Eventualy, be a Real Need f.ex. to exceptionaly Extend a Time    Deadline, and/or to Change a given "Date" for one or two among those Various Events, (i.e. as long as there might Still be Important Post-Electoral LawSuits "Pending" at the US Federal Supreme Court, a relevant Postponement of some Dates should, normaly, be possible...)

Anyway, SCOTUS VPresident uses the above-mentioned Argument about possible "Time Deadlines" Problems for Post-Electoral Judicial Control of Long "Mail-in" Voting Disputes (Comp. Supra), Not in order to Hinder, but, on the Contrary, in order to Incite the Supreme Court to Seize the "Opportunity", that it has Now, (i.e. once an "Orderly Transition of Power" has been just performed, while Important Pending Issues are Still Waiting, Ready to be Examined on the Merits and Settled, once for ever), in order to Judge those Issues, not only for the Present Cases, But Also for the Sake of the foreseable Future in Similar or even Identical Post-Elections LawSuits, which are Already Foreseable in the Immediate Future : i.e. 2022, 2024, etc., added to various individual ByElections, etc., as long as these Legal Electoral Matters are Not Clearly Settled yet...         

    + A Similar Trend, (Urging to Judge Now, instead of Skiping Important Pending Electoral Issues, leaving them UnSolved), is clearly Visible Also at the Following Dissending Opinions of 2 More Associate Justices, Alito and Gorsuch :

- Those 2 SCOTUS' Judges, (one Experienced, and anOther Young), Focus mainly on Slaming Dems' and RINOS' alleged Claim that "a Perfect Storm", as they Name the Circumstances of Nov. 3, 2020 Controversial US Presidetial Election, (which Added the Virus' "Pandemic", "Mail-in Voting" and "Postal Service Delays"), would be "ExtraOrdinary and UnPrecedented", to the point  to also be "Not Likely to Recur" in the foreseable Future, (i.e. remaining a "One Off" Event).

>>> Instead, SCOTUS' Judges Alito and Gorshus                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Argue, in Fact, that those Nov. 3, 2020 Incidents might act, also in the Future, as a kind of ...illegal "Virus", (one would say), adversely Affecting even Other Elections in the Foreseable Future, Because Dems' and RINOS'    Opposite Claim would "Fail for 3 Reasons" :

(1) First of all, "the Breadth" of that Issue is much Wider than what acknowledge Dems+RINOS : In fact, Any Local Court, (Often a ...Single Judge, usualy Apointed on Partisan Criteria), at Any among the 50 States, could "Override" Any "Rules Adopted by the Parliament" of that State "for the conduct of Federal Elections", (i.e. for the US President, the USA Senate and/or House of Representatives, etc), Nonobstant the US Constitution's General Principle that such an Important Responsibility is Reserved Exclusively for the States' Parliament's themselves. I.e. a Very Large and Vital Area of the Country's Electoral Life, could be Infected...     

(2) In Addition, such Problems are "Surely Capable of Repetition in Future" Elections, i.e. could Replicate themselves, Like a Dangerous Virus (sic !) : -"Indeed, it would be Surprizing if parties UnHappy with the (Electoral) Rules fixed by a State's Parliament, do ...not ask a State's Court    to Mutate them for something that They Find more Profitable"...

(3) Moreover, for that purpose, (i.e. that Law Virus' Replication : Comp. Supra), "it's Not Necessary to see a Recurrence of the Exact Circumstances we saw this Fall", "in order for a Question to be Capable of Repetition", Neither for "History to Repeat itslf at a very High Level of Specificity".

F.ex., mutatis-mutandis, a State's Court may "Find that Conditions at the Time of a Future Federal Election are materially Similar to those Last Fall".

Among others, "the Primary Election for Pennsylvania Congressional Candidates is Scheduled to occur in 15 Months, and the Rules for the Conduct of Elections should be Established well in Advance".. We may Hope, by Next Spring, the Pandemic will No Longer Affect Daily Life, But that is UnCertain"...

-------------------

    - However, if even that "New Virus", of "Legal UnCertainty", (Comp. Supra : Alito and Gorsuch's Disseding), is Not Timely "Vaccinated" by a Crystal-Clear SCOTUS' judicial Solution Nowadays, then, What happens Now with the Worse "New Legal Virus" : that of Threat for Massive Fraud/Gross Irregularities in EU Elections, (Comp. Supra: Thomas' Disseding) which Treatens to be Even Faster and Wider "Replicated", mutatis-mutandis, inevitably Provoking a Huge "Gap" in Citizens' Trust to the European Electoral and Political Governing System ?

    - Apparently, Nothing Good !... Nobody can Trust as "Healthy" a System which ...Abandons and Shoots Down Natural Human Immunity against any "Virus of Fraud" or other Sickness, Hinders even the slightest available "Therapy" Drug, Blocks, Delays or Abandons Any Real "Vaccine", (Pushing Only some Ridiculous "Snowman" or "Hibanjee" "Gene-Manips" of UnKnown Yet Effects, and which Scandalously Infect all the Rest of the World, by "Asymptomatic" Zobies), and Stubornly Refuses Any "Investigation" or even simple Public Debate, at least on the Existence of such a Deadly, Anti-Democratic "Fraud/Electoral Irregularties' Virus", and What Can be Done to Tackle it asap., (Preferring to Hinder, Block and Persecute all those who Protest, Ask for a Full Enquiry and Anti-Fraud Measures, Slander and Trap them, Murder by Gun-Shot, Crush to Death, Kill them by "Strokes", Push them to "Suicides" -including even Policemen, amidst a Wider "Witch-Hunt" Hystery- Arrest, Charge and Jail them, among a Larger Censorship and Muzzling of Dissident Voices even at Private, "Social Medias" at the Internet, (etc), Imposing an UnProven "Official Version" on "Hotly Disputed" Events, Throwing Dissidents' Personal Data by the Window, Exposing their Personal Data, Home, Family and Kids even to Thugs, Obliging them to Resign from their Jobs,  Spreading a Poisonous, Hysteric Neo-Cold War "Maccarthysm", with a Former People-Friendly "House" transformed into an Hostile "Buncker", added Fences, Barbed Wire, EveryDay Tight Curfew, 50.000 Soldiers with Heavy Machine-Guns, (etc), in Nowadays USA.

Loaded Guns pointed or even shot on Unarmed Protestors Murdered a Woman, another was "Crushed", while 1 Persecuted former Demonstrator was pushed to Suicide, added to at least 2 more Suicides among Policemen while "WitchHunt" Spread against Officers suspected t be -Pro-Trump, 3 Different Versions circulated on why Sicknck "collapsed in his Office" at a Late Hour of the Next Day, as 3 Capitol Police Heads were Forced to "Resign", Demonstators were Hindered to Meet and Speak to Any of their Elected Representatives, Heavily Equiped and Armed "Riot Police" Started to Violently throw to the Floor, Flash-Gas-Bomb and Kick Out All Demonstrators from Every Capitol's Premises (Gardens Included), an Immediate, since 6 pm "Curfew", was Imposed throughout Wash. DC, More than 50.000 Soldiers with Heavy Machine Guns, participated in such an UnPrecedented Military "Coup", with Fences, Barbed Wires and stict Interdictions of Circulation of any People until and beyond a Forced, Army-Backed, Inauguration of Biden on Jan. 20 through exceptionaly Deserted Avenues, After having Started Massive MaHunts, Slandering, Persecutions and Arrests of several Hundreds of former Demonstrators (Systematicaly pushed to immediately Resign from their Jobs) throughout the Country, and Many Jailed, even acting President rump's Personal Accounts to Social Medias were Permanently Suppressed, as well as for Many Other Political and/or Legal Dissidents Criticizing 2020 Electoral Fraud/Gross Irregularities (including Lawyers, Book Writers, etc), relevant Videos Blocked at the Web, Establishment's Medias systematicaly Censored any Mention of alleged Fraud/Irregularities in 2020 Controversial Presidential Vote Row, Bullying, Harassing, Muzzling, Attacking and Threatening Any Dissident Voice, (Even of Elected USA Federal Senators included), former President Trump, Lawyers, etc., were Persecuted, while Any Scheduled Official Public Debate in the Congress on the 2020 Presidential Election Row had been Immediately Stopped among Senators and Representatives, Contrary to the Notorious Aim of that Jan. 6 , 2021 Certification Process, Brutaly Interrupted and Hindered to Resume, Shortly After the First Exchanges,(Fully Registered by semi-official C-Span) Clearly Proved that Dems Seeked to desperately Avoid Any Public Dialogue, point by point, on concrete Facts and Arguments presented by Republicans on the alleged 2020 Electoral Fraud/Gross Irregularities... (which was Completely Muzzled after that Jan.6, 2021 Military Coup : See also http://www.eurofora.net/newsflashes/news/usacapitolclashonelectionfraud.html + ..., etc).                                                                                                                                -------------------

 

+ Moreover,  "an Election System Lacks Clear Rules when, as here, Different Officials Dispute Who has Authority to set or Change those rules. (F.ex. any State's Court, or the State's Parliament Only). This ...brews Confusion, because Voters may Not Know Which Rules to follow. Even Worse, with More than one System of Rules in place, Competing Candidates , Thomas Warned.

And severeal Recent Articles, including Published at New York Times, note the Fact that "Voting by Mail is, Now, Common enough, and Problematic enough, that Election Experts say there have been Multiple Elections (Recently) in which No One Can Say, with Confidence, Which Candidate was the deserved Winner !" (sic)...

=> "Because Fraud is More prevalent with Mail-in ballots (Comp. Supra), Increased use of those ballots raises the likelihood that Courts will be asked to Adjudicate Questions that go to the Heart of Election Confidence", he Warned.

>>> "But, ...an Election Free from strong Evidence of systemic Fraud is Not alone Sufficient for election Confidence", the Experienced SCOTUS' VPresident went on to Add :  + Because "Also Important is the ASSURANCE THAT FRAUD WILL NOT GO UNDETECTED !", he Moreover stressed.

+ In Addition, "the Issue presented is capable of Repetition" (Comp. Supra). Indeed, "there is a reasonable Expectation that the Same complaining party (GOP) will be subject to the Same action (alleged Fraude/Gross Irrgularities by Dems) Again", in the foreseable Future, he Warned.

=> It's about "Testing Allegations of Systemic MalAdministration, Voter Suppression, or Fraud, that go to the Heart of Public Confidence in Election Results", SCOTUS' Experienced VPresident underlined.

>>> "That is obviously Problematic for allegations backed by substantial evidence. But the Same is true where Allegations are incorrect. After all “[C]onfidence in the Integrity of our Electoral process is Essential to the Functioning of our participatory Democracy", Justice Thomas reminded, Pointing at "a Compelling Interest in rooting out the mere “Appearance of Corruption” in the Political process", (according to the World-Famous Ancient Moto that "it's not enough for Cesar's Wife to be Honest : She must, also, Look Honest !")...

NB => Indeed, "an incorrect Allegation, Left to Fester, withOut a robust Mechanism to Test and DisProve it, “Drives Honest Citizens Out of the Democratic process and breeds Distrust of our Government", he observed.

 - "Here, We (SCOTUS) have the Opportunity"..."to Address these admittedly Important Questions", so that "our Refusal to do so, by Hearing these Cases, is Befuddling !"... In Fact, "there is a clear Split (among SCOTUS' Members) on an Issue of such Great Importance", that "there is No Dispute that the Claim is Sufficiently Meritorious to Warrant Review".

+ Moreover, "the Issue presented is Capable of Repetition, (Comp. Supra), Yet Evades review", Even if "there is a reasonable Expectation that the Same Complaining Party will be subject to the Same Action Again.”... => In Conseqence, "one Wonders What this Court (SCOTUS' Dems + RINOS) Waits for ?"...

>>> "The Decision to LEAVE ELECTION LAW HIDDEN BENEATH a Shroud of DOUBT, IS BAFFLING !", SCOTUS' Experienced VPresident Denounced.

=> "BY DOING NOTHING, WE (SCOTUS) INVITE Further CONFUSION and EROSION OF VOTER CONFIDENCE", he Warned, in Conclusion.

 -  "Our fellow CITIZENS DESERVE BETTER and EXPECT MORE of us..."


    So, that's how BIDDEN's Controversial Presidency is, from Now on, CONDEMNED by USA's Supreme Court to be uncomfortably Sitting on "a Shrout of DOUBT" (sic !), "Leaving the Electoral LAW HIDDEN BENEATH" his back ... (CQFD : Comp. supra).

 

 

(.../...)

 

 

("Draft-News")

 

 

----------------------------------------

 



           

EUHorizonSMEtool

Statistics

Visiteurrs: 48323658

Archive

Login Form





Se souvenir de moi

Perdu votre mot de passe?
Pas encore de compte? Enregistrez-vous

Syndicate

RSS 0.91
RSS 1.0
RSS 2.0
ATOM 0.3
OPML

Other Menu

 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

------------------------

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

Résultats

SMF Recent Topics SA

Copyright (c) 2007-2009 EIW/SENAS - EuroFora.net. All rights reserved. ISSN 1969-6361.
Powered by Elxis - Open Source CMS.