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Home 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

Автор 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")

 

 

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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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