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Home arrow newsitems arrow CoE Deplores Turkish Refusal to Cooperate v. Human Rights Violations ECHR found in Occupied Cyprus

CoE Deplores Turkish Refusal to Cooperate v. Human Rights Violations ECHR found in Occupied Cyprus

Parašė ACM
Friday, September 21, 2018
 
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*Stuttgart(Germany: on the Road from EU's Salzburg Summit [Austria] back to Strasbourg [France]*)/Angelo Marcopolo/- The PanEuropean, 47 Member States-strong (including Russia, etc), Organisation for Human Rights, Democracy and Rule of Law's (CoE) Highest Political body, that of its Committee of Ministers, officially declared Today, that it "Deplores" Turkey's Refusal to "Cooperate" in pending issues of Massive and Continuing Violations of Human Rights of Refugees and/or "Missing" Persons, (for which Ankara has been repeatedly Condemned by ECHR) in the Occupied Territories of Cyprus, still controlled by Ankara's Military since the 1974 Bloody Invasion by its Foreign Troops.


+Moreover, it appears Proven, now on 2018, that Turkey hasn't set up Any efficient means at all in order to Prevent "UnLawful Sales or Exploitation" of Greek Cypriot Refugees/IDPs' usurpated "Homes and Properties" located in the Occupied Territories controlled by Ankara's Army since the 1974 Military Invasion (See infra), that it may, therefore, have been Abusing for 54 Years, and still persist to do so, with the "Complicity" of those who Cover up such Crimes, (See Facts Infra)...


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>>> It's the 1st Time in the soon 70 Years-old History of the CoE, (whose 1949-2019 Anniversary is due to be celebrated Next Year), that a State dares so Bluntly Defy the PanEuropean landmark Mechanism for the Protection of Human Rights, which is Widely considered as the Best among all those currently existing in various Continents accross the World, particularly because of a Pioneer Case-Law (thanks also to its key Judgements on Cyprus' Refugees/Displaced persons and "Missing" People) as well as its Legaly-Binding character.


=> Indeed, CoE's Statute clearly makes it an Obligation for all its Member States to abide by the Judgements of the (Pan)European Court of Human Rights.


Turkey is the Only Non-European Member State of the CoE, since an Exceptional Situation, during the "Cold War" and even the Korea War, when Greece had faced a Civil War, and USA's Western Allies had been Anxious to Stop an eventual Extension of the "Socialist" Block (which included then all Northern Neighbours of Greece : Former Yugoslavia, Albania, Bulgaria, etc) in South-Eastern Europe until Deep into the Aegean and Mediterranean Seas, facing the Middle East and Suez Channel.


In order to do so, CoE even suddenly Abandoned, then, its Initial Plans to adopt a European Flag including not just a Circle of 12 Golden Stars at a Blue Background, but also, at its Center, a Globe with a Christian Cross, (Identical to Famous Coudenhoven-Kallergis' Historic Symbol for "PanEuropa"), and Replaced it with Only that Circle but Empty inside, (See, f.ex. : ..., etc).


However, during the 1960ies, CoE's then Director for Human Rights and Democracy had reportedly Urged to Oust Turkey, as InCompatible with such European Values, when the Elected Turkish Prime Minister Menderes was Brutally Lynched by a Mob and His Government replaced by a Military regime's cronies. But his voice wasn't heard then by the majority of politicians, and, paradoxically, Ankara remained still a Member, (Contrary to what happened, just a few time later, with the Colonels' regime even in a European Country : Greece, which was, notoriously, Obliged to briefly Leave the CoE somewhere during that Exceptional Period of 1996-2004).

 

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+ Nowadays, the Main Problem is even Greater for Turkey, Because CoE's Membership is, in real practice, a sine-qua-non, Necessary Condition for any 3rd Country wishing to become a fully-fledged Candidate for EU Accession, (with all the Financial and Legal various Advantages that such an official Status gives). Indeed, EU's famous "Copenhagen Criteria", are practically the Same with what became CoE's main Focus of Action, (i.e. Human Rights, Democracy, Rule of Law, etc). And Turkey's Controversial and UnPopular EU Candidate Status wasn't fully given and didn't lead to the Beginning of Accession Negotiations with the EU, but Only After a (very much Contested) CoE's Report claimed on 2004 that Ankara's Government would have met, then, at least a Minimum Threshhold of those CoE's Standards.  


So that Cyprus' President, Nicos Anastassiades', bilateral Meetings during EU's Heads of State/Government's Summit in Salzburg, (Austria), the 19th and particularly the 20th of September 2018, (i.e. Yesterday, when it had reportedly become Obvious in Strasbourg that Turkey was Obstinated into Refusing to Cooperate at all with the CoE in the Implementation of ECHR's Judgementw which have Condemned Ankara's Government for Massive Violations of Human Rights in the Occupîed Part of Cyprus, (Comp. Supra + Infra), should, logically, have offered a Timely Opportunity to Include, also, Possibly, most or all of that Negative Behavior by Turkey.


Among those Anastasiades' Interlocutors in Salzburg, were apparently Included, f.ex., the New EU's Chairman-in-office, Austrian Chancellor Sebastian Kurz, EU Commission's President Jean-Claude Juncker, EU Council's President, Donald Tusk, and even the current CoE's President-in-office Andreij Plenkovic, Croatia's Prime Minister, as well as the French President Emmanuel Macron, who is due to Chair the CoE on 2019, (etc).      


Meanwhile, in Strasbourg, at CoE's HeadQuarters, during this Autumn 2018's Session of the PanEuropean Organisation's Highest Body, its Committee of Ministers, entitled to Supervise the Execution of ECHR's Judgements by Member States, was Examining the current Situation concerning many Greek Cypriot Refugees/Displaced persons, (a Total of more than 190.000 People, i.e. about 2O% of the legal Population of the Island), as far as it regards their Rights to Access their Family Homes and/or other Private Properties and Ancestral Land located in  the Territories of Cyprus still under Foreign Military Occupation by Ankara's Troops since the 1974 bloody Turkish Invasion, (that they had been Obliged to Flee), as well as the situation of Prolonged but Fruitless Queries on What really Happened to around 1.950 "Missing" People, and Find and Punish those Responsible for their EnForced Disappearances, according to a well-established ECHR's case-law.


Turkey has just put Nowadays into real practice, for the 1st Time, its earlier Threat, (reportedly made already as early as since July 2017), to Stop Participating in CoE's Committee of Ministers' supervision of the Implementation of ECHR's Judgements by the Condemned States, particularly as far as it concerns the Deadly Turkish Military Invasion and still persisting Occupation of the Northern Territories of Cyprus.


The ECHR has repeatedly Judged, (after also a landmark Public Hearing held in Strasbourg as early as, already since 1994 : See "Eurofora" co-Founder's NewsReport, Published then, inter alia, also at CNAgency, PIO, etc, followed by various Convergent Decisions of 1996, 1998, 2001, 2006, 2008, 2010, 2014, etc), that the Turkish Government, whose Military Troops still Control that Occupied Area of Cyprus, is Responsible for Many Continuing Violations of Greek Cypriot Refugees' Human Rights to Access their Family Homes, other Private Properties and Ancestral Land, in addition to those "Missing" Persons' Rights to Life and Liberty, as well as of the Victims' Families' Right to Know what happened to their beloved ones, provoking situations tantamount to Inhuman and Degrading Treatments, etc.


Those ECHR's Judgements on Cyprus' cases are among the First and Most Important in the World, concerning the Protection of the Human Rights of Refugees/Displaced People, as well as of "Missing" Persons, etc., and have been repeatedly Published, Analysed, cited, Quoted and Used all over across the Planet, (including by various UNO's Reports, Official Booklets, etc: F.ex., the Famous "Pinheiro Principles", on Refugees/DPIs' Rights to Return and for Restoration of their goods, etc), as Historic and World-wide Landmark Examples of what must be done in such Tragic Cases in order to Defend an elementary Human Dignity.


>>> So that, by Threatening to seriously Undermine and/or Belittle them, if not Brutaly and Massively Dismiss them, under any Hollow Pretext or even withOut really one, would be no only a Crime committed against the Victims who Suffered from manifold Violations of their basic Human Rights, but also, practically tantamount into Depriving Europe from some among its most Important core Values, and the whole World from a Key Part of its Sources of Hope for Truth and Justice.


F.ex., among various others, It's not for nothing that ECHR's Great Chamber clearly Warned, on 2014, against anyone might, eventually make such Attempts to "Illegaly Sell or Exploit" the Family Homes and/or other Private Properties of Greek Cypriot Refugees/Displaced Persons in the Turkish-Occupied Territories of Cyprus, and/or those who might attempt to Cover up such persistent Wrong-doing, i.e., practically behaving as "Accomplices", (according to ECHR's Judgement's own original  Wording)...


=> Therefore, in the Resolutions adopted Yesterday and published Today by CoE's Highest Body, its Committee of Ministers officially "Called on Turkey to Cooperate" on the collective supervision of ECHR's Judgements' execution, and "Deeply Regretted the Decision of Turkey Not to Participate in the Discussion" held inside the PanEuropean Organization for Human Rights.


+ Moreover, CoE's Highest body, "Also Regretted" that  "the Turkish Authorities" have "Not Replied" yet to a Recent Question, raised by the CoE since "December 2017", "as regards the Issue of Property Rights of Displaced Persons" in Cyprus, and concerning the "Existing" ways "to Address the Issue of possible UNLAWFUL SALE AND EXPLOITATION" of Greek Cypriot Refugees/IDPs Properties located in the Occupied Territories of Cyprus :


- Turkey, in fact, had initially Claimed that such Ways to Address that Problem would already Exist there, But, when CoE asked Ankara "to present ...INFORMATION on their PRACTICAL IMPLEMENTATION", in order "to ASSESS the EFFECTIVENESS" of such Tools, Suddenly, the Turkish Government, (instead of providing any concrete Statistics, etc, on the Contrary), Started to ...Threaten to Stop Cooperating, (from June 2018), and, finally, Now, it really Stopped !


=> In other words, as the Facts cited by the CoE Reveal, Turkey's Behavior shows that Ankara had done practically NOTHING serious TO AVOID ILLEGAL "SALES" AND "EXPLOITATION" of Greek Cypriot Refuges/IDPs' "HOMES and PROPERTIES" in the Territories of Cyprus still Occupied by the Turkish Army...


Therefore, the Risk of "COMPLICITY in any UnLawful Sale and Exploitation of Greek Cypriot Homes and Property" in the Occupied Territories of Cyprus, existed, still Today, for "Any possible Permission, Participation, (or)Acquiescence", by anyone in such acts, as the ECHR had already Warned since 2014...


Cyprus' Government said it was "Gravely Concerned about Turkey’s continued ...Attempts to create an irreversible de facto situation permanently Obstructing the Return of Greek Cypriots to their properties in the Occupied Areas of Cyprus", (i.e. perpetuating the Division of the Island, Contrary to a Peaceful ReUnification via a Solution of Cyprus' Political Issue).


Therefore, it asked CoE to Confirm that the Transfert or Use of Greek Cypriots' Properties, withOut Consent of Lawful Owner, is a Violation of Property Rights, and, therefore, should be Prevented, and Not Promoted.


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+ But it's even on Tragic Cases of "Missing" People in Cyprus, that Turkey now Started to Refuse to "Participate" in CoE's meetings on ECHR Judgements' Implementation, obliging Today the CoE's Ministers to officialy "Deply Regret" that, and to "Call on Turkey to Cooperate with the(ir) Committee", also in the Famous "Varnava and Others" cases.


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(../..)

 

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(*NDLR : A Series of UnPrecedented Blockades in the German Train from Salzburg's EU Summit in Austria back to our Base in Strasbourg, surprizingly Hindered a Timely Return back Home, obliging to Complete our Reporting -which had Started earlier this Week inside the CoE in Strasbourg- Later than initialy expected and by using also various Phone Calls, EMails, etc).

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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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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 ?

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