ECHR vicePresident Sir Bratza to EuroFora on Human Rights in Europe compared to America, Africa, UN

ECHR's 1st vice-President, Sir Nicolas Bratza from Great Britain, (forthcoming CoE Chair: 11/2011-5/2012), speaking to "EuroFora" at the conclusion of a landmark International Conference organized by UNHCR with Heads of European, American and African Courts for Human Rights, stressed his "Optimism" that, despite recent setbacks (provoked by "Pressure" from some States, as other Top EuroJudges criticized earlier, mainly before and after a controversial Ministerial meeting on ECHR in Turkey), risking paradoxically to let a Stronger protection of Refugees, "Missing" persons, etc. in Inter-American Court's and UNO's standards than in Europe, nevertheless, the PanEuropean Court could succeed, in the foreseable Future, to find anew its initial landmark preeminence on Human Rights which had built its reputation Worldwide.

Sir Bratza was specifically replying to "EuroFora"s Questions concerning not only the Principle of Refugees' right to Restitution of (or, if impossible, Compensation for) their Family Homes, Ancestral Land and Private Propertes, but also for "Missing" Persons' Families to lodge a complaint to learn what happened to their beloved ones, find and punish those Responsible for their enforced "Disappearance", as long as these crucial questions have not found answers, according to ECHR's case-law.

 As EuroJudge Peer Lorenzen had reminded earlier, the first Principles, specifically on Refugees, had been initially proclamed by ECHR in the landmark "Loizidou" case on Greek Cypriot Refugees/Displaced persons, while the main principles on "Missing" persons, (which often coincide with Refugees/IDPs obliged to flee Violence, as some Latino-American Legal Experts observed), were initially proclaimed by ECHR on the equally landmark "Cyprus v. Turkey" inter-State case, (in the Hearing and Judgement of which, Sir Bratza had personally participated).

This ECHR's case-law was often cited by UNO's relevant bodies at nearby Geneva, and UNO's High Commissioners on Refugees and on Human Rights  have published since 2007-2008 a famous Handbook called "Pinheiro's Principles" on Refugees' Rights Worldwide, (comp. UNO Rapporteur, Professor Sergio Pinheiro's statements to "EuroFora"s co-founder on 2008, etc), while also UNO's Experts on "Enforced Disappearances", based at nearby Geneva, worked accross similar lines to ECHR's initial rulings, (comp. f.ex. their fomer President, Professor Corcuera's relevant statements to "EuroFora"s co-founder).

But, recently (2009-2010), two other ECHR's rulings, ("Varnavas" and "Demopoulos" on Cyprus' Refugees/IDPs and "Missing" people, as Sir Bratza recalled), included some highly Controversial points, which appeared to set, for the 1st time, serious Limitations on Refugees' Right to Restitution, Compensation and Return, as well as some Time Deadlines on "Missing" persons' Families' right to lodge a complaint as long as nothing is known about  the fate of their beloved ones, and/or who was responsible for their enforced disappearance, (f.ex. if they hadn't taken any Legal action for many Years earlier, etc).

The move had emerged shortly before Turkey took over CoE's rotating Chair (11/2010-5/2011), and while Top level InterCommunal Talks for a Solution on Cyprus' issue were  intensified, so that it was seen by several observers as an eventual attempt  to ease mainly Turkey's obligations.

Another ECHR's Expert had denounced, earlier, an "Extreme Pressure" reportedly exerted on the Court by some States, particularly during a controversial Ministerial meeting on ECHR organized on May 2011 by Turkey, when it hold the rotating chair of the CoE, curiously at a city famous for a totally unpunished Massive Massacre and "Ethnic Cleansing" : "Izmir", alias "Smyrne", as it was originally named by a predominantly Greek Population which inhabited there for more than 2 Thousand Years of History, before it was brutally chassed out, after Criminal origin Fires destroyed many Family Homes and killed many People, targetting Armenians and Greeks. The move looked even more as a "Negationist" attempt, when people realized that Turkey had chosen to organize such a delicate CoE's gathering on the Reform of the European Court of Human Rights ... just the 1st working Day after the Anniversary of the Armenian Genocide (May 26, 2011) !...

It was the 1st time in CoE's History that ECHR's President, professor Jean-Paul Costa, was practically obliged to launch a Public Call asking Help to protect EuroCourt's ..."Independence", supported by International Human Rights NGOs vis a vis unprecedented Threats, indirectly but clearly visible through the language used in the Draft-paper initially presented by the Turkish rotating CoE's chair : Even if, as several EuroJudges noted with "EuroFora", "most CoE's Ministers were Absent at Izmir", the exceptional "Pressure" on the ECHR was reportedly present there...

The point also is that, as UNHCR's 2011 International Conference on Refugees' clearly proved, the recent ECHR's Restrictions,  largely diminished its case-law's initial importance, giving the 1st place in the World,  for the Protection of vulnerable People obliged to flee Violence, to ...  the Inter-American Court, and to  UNHCR's "Pinheiro" Principles, which have no Time-limit and keep Refugees' mainly Restitution Rights theoretically alive :


- Indeed, as the 1st vice-President of the Inter-American Commission on Human Rights, José de Jesus Orozco Henriquez, confirmed to "EuroFora", as long as a Person "Disappears" without notice, his/Her Family can lodge a Complaint at the Inter-American Court whenever it wants, at Any Time, without Deadline limits. Moreover, Refugees/IDP's Rights haven't been recently restricted, compared to the Past, neither at the Inter-American Court, nor at UNHCR's intangible principles (Comp. supra), President Henriquez added.                                                 
    

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- Thus, after Sir Bratza carefully verified, at first, whether "EuroFora"s question beared, indeed, on the Greek Cypriot "Missing" persons and Refugees'/IDPs-related "Varnavas" and "Demopoulos" cases (See supra), he didn't deny that ECHR recently lost its earlier preeminence as, initially, the most Protective Human Rights Court in the World, after these two controversial 2010 rulings, which obviously left the Inter-American Court as a Better protector than ECHR, with the astonishing consequence for Human Rights to be better protected in ... Latin America than in Europe !...


- But, nevertheless, "I am Optimist !", stressed voluntarily ECHR's 1st vice-President
- In particular, "I think that we must see, first, what happens, how things evolve on these issues, (Cyprus' Refugees' Restitution Rights and "Missing" persons) and make an assessment


- "We (ECHR) are still examining that area, he added.


- Therefore, "it's Too Early to say", whether ECHR would be outpaced by the Inter-American Court, etc (See supra).


- "We'll see that", Sir Bratza concluded,  agreeing with "EuroFora" that ECHR "may adapt", i.e. Change anew its "case-law", in these highly controversial points concerning Refugees and "Missing" Persons, according to the results which may have been obtained in real practice on Cyprus and other relevant hotspots.  

- Meanwhile,  ECHR, in general, intends to "Focus on Priority cases, of real importance, to ensure that they get proper treatment, and then,  simplify the expedition of clearly non-admissible cases, in order to tackle the still remaining backlog of more than "150.000 cases Pending," the Brittish Top EuroJudge added to "EuroFora", showing a similar concern on reducig the Number of pending cases as also earlier Swedish EuroJudge Elisabet Fura, a.o.


- Nevertheless, Sir Bratza didn't shy from critcizing those CoE Member States which "Regretably ignored" ECHR's main instrument on Asylum-Seekers a.o. apliquants, which is EuroJudges' power to ask "Interim Measures" to be taken by the respondent State's Authorities, in case of Urgent need to prevent irreversible consequences of a possible violation of human rights, (f.ex. to "abstain from removing a person" until his/her fate has been correctly examined).


But, in general, those Member States which stressed ECHR's "Subsidiary" role, as they said, compared to the "primary" responsibility for National Courts' duty to check Human Rights' violations, must now really start to use their National Courts as an efficient tool against violations, he added.


+ This is related also with the current Need to find out "how to convince all CoE Member States to "respect their Commitments", added at the Conclusion of UNHCR's International Conference, the Director of CoE's Human Rights' "Monitoring" bodies, Christos Giakumopoulos.


- At any case, "ECHR is not alone" to work for this purpose, since CoE "has also other Mecanisms" which can contribute to Human Rights' respect, such as, f.ex., the Committee to Prevent Torture, the Commissioner for Human Rights, CoE's Parliamentary Assembly, etc, Giakoumopoulos reminded.


- However, this UNHCR's Conferences'original idea to "Bring  Together 3 Regional Courts" from al over the World, (Europe, America and Africa), to examine and discuss how to better make respect Human Rights of Refugees, etc.,  will certainly serve to compare between differend situations in order to reach the necessary Conclusions, added ECHR's vice-President, who certainly has now a concrete case on the need to bring ECHR anew at the forefront of the World on Human Rights Respect, instead of a back stage....