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Home arrow newsitems arrow Turkey attacks ECHR, asks to "reverse its case-law" and to restrict Citizens' access !

Turkey attacks ECHR, asks to "reverse its case-law" and to restrict Citizens' access !

Parašė ACM
Friday, May 29, 2009

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Un unprecedented brutal attack by Turkey against the European Court of Human Rights was confimed in Strasbourg, by a symbolic coincidence on 29 May 2009, day of a Double Anniversary  :

Byzantine Civilisation's destruction, by the invasion of its capital, Constantinople, by Ottoman Turks on 29 May 1453, (outlawing Christian Churches as St. Sophia, erasing the city's name : "Constantinople" as the greco-Roman emperor who liberated Christians from persecution in 330). But also of the 29 May 2005 Referendum in France where a 54,8% Majority voted "NO" to EU Constitution, notoriously victim of popular reactions to Turkey's controversial claim to enter inside the EU..

Will European Court of Human Rights prove ...stronger and harder to destroy than ...the Byzantine Civilisation and EU Constitution ?

ECHR is generaly considered as CoE's jewel, particularly since the 2005 Warsaw Summit of Heads of State and Government which decided that the paneuropean organization should focus on Human Rights, Democracy and Rule of Law  

 But Turkey dared ask from ECHR to "reverse" its "Case-Law", accusing EuroJudges to "provoke" "Damages to the System" by defending Human Rights too much in Ankara's view...    

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Converging CoE's sources confirmed to "EuroFora" that the Turkish attack against ECHR started earlier this week in Strasbourg.

    Astonished (or amused) 46 Ambassadors at CoE's Committee of Ministers, heard this week in Strasbourg a last-minute intervention by the Turkish Ambassador, in which Ankara anounced its refusal to apply a key decision on ECHR taken by CoE's Foreign Ministers' meeting on May 12 in Madrid in order to enhance ECHR's efficiency:

- Turkey "will Not implement the .. New Procedures" on ECHR's reform.  It Refuses "either option" decided by the other CoE Countries, declared Ankara's Ambassador.


    In fact, Ankara seems afraid that ..."by rendering Faster Just Satisfaction awards, a 3 Judge Committee procedure, may .. encourage more applications" from victims of grave Human Rights Violations notoriously continuing in Turkey, according to one of its own observations..

    Thanks to a clever move by Spanish Diplomacy, the 46 other CoE's Foreign Ministers succeeded to adopt in Madrid on May 12 what is known as "Protocol 14bis" by voting fast at a moment that the Turkish Foreign Minister M. Davutoglou had left the room for a while...

    But Turkey's aggression against the ECHR, resulted to an obvious Absurdity, that many will find scandalous :   

 - THE same State which is notoriously responsible for the difficulties faced by ECHR, by overloading Strasbourg's Court with many cases of grave Violations of Human Rights, Turkey, (No 1 by far, in all ECHR's Statistics !), dared attack its own victim, ECHR, by accusing it to be .. itself responsible for suffering from the problems exported from Ankara !..   

 - It's the European "Court's own actions" which are in "the root-Causes of the Backlog Problem", claimed the Turkish Ambassador  :


    He started by accusing ECHR to have "adopted Easy and Simple rules for Applications to it", mainly because "there are No Application Fees"

    In other words, Ankara wants that ECHR starts to ask Victims of Human Rights Violations to .."Pay a Fee" before being able to access Strasbourg's Court. (And even to ..."translate" all their Documents to an "official" Language, etc).

    By so doing, Ankara forgets that she has been ....condemned by the ECHR precisely for " Violation of the Human Right to Access to a Court" inside Turkey itself, by asking People to Pay "a substantial amount of Money" as "Fees", and without any Legal Aid for the Poor, before they might be heard by any Judge...

    Moreover, Turkey accuses ECHR for  :

- "Generous Sums of Just Satisfaction awards contained in the Court's Judgements", which "transfomed" the right to individual application in an "Industry" (sic !), according to Ankara... ("Forgeting", f.ex. that the Families of 9 "Missing" persons didn't get even 1 € from ECHR in 2008, despite its unanimous condemnation of Turkey's responsibilities for their enforced "disappearance").

- to have "decided in many cases that recourse to Domestic Remeries is Not Necessary", (as fex. on grave violations of Kurds' Human Rights, because of the notorious inefficiency of Turkish Courts, which only waste Time, and in Cyprus' Occupied Territories).

- Shamefully trying to hide Grave Violations of Human Rights behind  provoked Waste of Time to the detriment of the Victims, Turkey also accuses ECHR for an "extraordinary broadening of the Rationae TEMPORIS principle", (thanks to which Loizidou and other Greek Cypriot REFUGEES, as well as "MISSING" Persons' Families, etc, succeeded to condemn Turkey).

    Multiplying attacks mainly against the "unpredictable Admissibility", as it claims, of applications by ECHR,
    Turkey insuled as "Preposterous" even the idea that ECHR might be a "Succes", (rejecting a well known sentence by ECHR's President, French Professor Jean-Paul Costa, that "ECHR is victim of its own success" by attracting too many applications..

    Going even further, Turkey also accused ECHR for issuing, as it claims, "Contradictory Judgements", (without even explaining her claim), and even "Differentiated Judgements for Different respondent States", (i.e. accusing ECHR for Discrimination against Ankara only),

    => In conclusion, Turkey dared ask from ECHR to ...behave "Reasonably", and even to... "Reverse"  "trends in the Court's Case-Law", accusing EuroJudges from 47 CoE Member States to "provoke.Damage to the System" !!!...
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ECHR's "reply" :
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     Instead of any other reply, ECHR's President, French Professor Jean-Paul Costa, issued a brief, but crystal-clear  official statement, where he simply "thanks those (CoE's) Member States which worked to make possible a new protocol (opened to signature), showing their attachment to the protection mecanism issued from the European Convention of Human Rights"...  

However, the Turkish Ambassador promised, at least, "not to stand in the way" of other CoE's Countries, who would like to implement that procedural reform, which mainly restricts the Number of Judges who can declare an Application "inadmissible" to only 1 or 3 members, according to cases.

    - "But we (ECHR) shall wait until the end of May, to see if there won't be any obstacle to the entry into force of the new Protocol 14 bis", said to "EuroFora" the Director of ECHR's Registrar, Eric Friberg of Sweden.
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    [NDLR : On certain Risks of imbalances against Human Rights and Citizens' Right to Individual Petition, that the simplified Protocol 14-Bis might have, according to International NGOs, and some CoE Member States, etc,  which should not be overshadowed, nor covered-up by Turkey's move, "EuroFora" will come back asap.].

       

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    - "Europe must be liberated from this undermining "wooden talk" of a "unique thought" which hampers democratic debates", stressed incoming EU Chairman, French President Nicolas Sarkozy, speaking to Journalists after his official meeting with EU Commission's President, Jose Barroso, at Elysee Palace in Paris

    - "It's precisely because there are not enough Debates, that EU hasn't managed yet to make it clear to European citizens what is really at stake", he added, in an obvious reference to the latest Irish "No" in 2008, after a long series of similar, unprecedented events, from the 1st Majority Abstention to EU Parliament's Elections in 1999, repeated in 2004, to the Dutch and French "No" in 2005, etc.


dsc00983_400_01
   
          In fact, "there is no time to lose for Europe, and that's why we decided to start the French EU Presidency right away, from the first day", he explained, on France's exceptional choice to schedule the usual meeting with EU Commission from the 1st day of the 1st month, instead of the 5th, 6th, 7th, 8th, 9th or even 10th or 11th, as it had been done by others in the Past..    


    - "This is not an easy period, but we shall act with determination, while also listening to Citizens' views", he promised.

    Sarkozy's move came shortly before his opening Speech, next week in EU Parliament in Strasbourg, for the first Public Debate on the Priorities of the French EU Presidency (July - December 2008), and that's one of the reasons for which he significantly opened his EU Council's Chairmanship by welcoming at Elysee palace EU Parliament's President, German MEP Hans Gert Poettering at first..

    The incoming EU Chairman was replying to Press Questions about rumours that controversial British EU Commissioner on Trade, Mandelson, was alone to drop an invitation to have a working Diner at Elysee palace, together with all other EU Commissioners and the French Government, only because he would have been upset for some critical points made earlier by President Sarkozy in defense of European Agriculture vis-a-vis its Foreign competitors.

    But, as smiling Sarkozy played down Mandelson's reported refusal to debate, saying that he had to visit Marseille for a Ministerial meeting on Trade the next morning, and that "all our British friends are always welcome to taste a nice diner" in France, perhaps at another occasion..

    - "It's urgent to win anew the trust of the People" : Lately, "the European ideal lost its momentum. Since several years, whenever Citizens are questioned on Europe, they react with reserves : They even have .. a tendency to reply "NO".. After this 3rd "No" of a People in some years, there is an Urgency to convince", added French Prime Minister Francois Fillon, after a meeting earlier the same day of all Ministers with EU Commissioners, followed by an interview with Barroso

    "According to recent Polls, only 30% of French people believe that the European construction is a source of hope. It's only a poll, but we all now quite well, that, since 2005, it's dangerous to neglect these alarming signals, as it would be dangerous to treat with contempt the Irish "No", Fillon warned.

    "We all have a common duty to prove to the European Citizens who have doubts, that EU is more useful, more necessary, than ever" : And "that EU can take decisions needed in order to respond to European or Global challenges", the Prime Minister concluded.

    - "We believe, together with President Sarkozy, that EU should open debates on all issues of direct, concrete interest to Citizens", confirmed later to EuroFora the Head of France's governing party (UMP), Patrick Devedjan, after his speech to the European People's party (EPP) Study Days in Paris (2 - 4 July 2008).

    He didn't deny that one of them is Turkey : - "Public Opinion in France is very much unfavorable to Turkey's EU bid, and President Sarkozy has said that several times", he told EuroFora.

    From European Central Bank's controversial policies on Euro's value, to EU Enlargement Strategy, etc., issues of obvious importance to EU Citizens will be plenty, next week in EU Parliament in Strasbourg, before President Sarkozy launches the debates on EU 2008 French chairmanship's priorities on Thursday.

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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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