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Αρχική arrow newsitems arrow Obama era's UN Cyprus' Envoy Eide Disregards even landmark ECHR Judgements on Human Rights ?

Obama era's UN Cyprus' Envoy Eide Disregards even landmark ECHR Judgements on Human Rights ?

Έχει γραφτεί από ACM
Παρασκευή, 21 Ιούλιος 2017
eide_july_2017_400

*Strasbourg/Angelo Marcopolo/- It's not only on what really happened recently at Crans-Montana's UN Cyprus' Talks Deadlock, (widely attributed mainly to Turkey's refusal to withdraw its Invasion-Occupation Army and Drop Unilateral Intervention Claims when a Deal on Cyprus' Peaceful ReUnification would start), but even on landmark ECHR's Judgements on Human Rights in Cyprus, that Controversial, Obama era's UN Envoy, Espen Barth Eide, seems to have Disregarded Key Points, in a way Fiting Turkey's desiderata, several Facts apparently Reveal on 2017.


Eide, a Socialist former Minister in Norway, was appointed UN Envoy on Cyprus by former UN Secretary General Ban Ki Moon back on 2014, i.e. during former US President Barack Hussein Obama's term of office, and was closely monitored by Controversial former US Under-Secretary of State, Victoria Nuland, (who became World-Famous for her Shady but Interventionist role in the Emergence of the Ukranian Conflict at Kiev), until January 20, 2017.


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 - A 1st Point notoriously concerns an Unprecedented "Hot" Dispute, Triggered these Days by Mr. Eide's initiative to Start Going  Public with Confidential UN sponsored Top Political Talks on Cyprus in Switzerland, including in an extensiveInterview at Newspaper "Politis", where he reportedly Claimed that Turkey might have Not totaly Refused, during last Weeks at at Crans-Montana, any Formula at all for Withdrawing its Occupying Troops from Cyprus, and Stopping Claims for Unilateral Military Invasions even in the Future, in Exchange of some Key Concessions from the Greek Cypriot Majority of the Island, (that he did Not name, Partly arguying about the "Very Confidential" nature of such issues, as he admitted).


>>> Such a Move not only appeared to Put into Doubt the Widespread impression, quite prevalent until then, that Turkey had provoked the latest Deadlock of UN Talks for a Solution on Cyprus' Issue, at Crans-Montana (Switzerland), mainly by Refusing to Withdraw its Occupation Troops from the island and Drop its Unilateral Military Intervention Claims in the Future, When a Political Agreement for a Peaceful ReUnification of Cyprus would be Signed and Enter into force, but even seemed to Contest what UN's Secretary General Antonio Guterres himself had Tried, at the Last Minute, to do in order to Save the Talks and Broker a Deal, as well as What Exactly were the Main Positions of the concerned Parties on that Key Point of "Security and Guarantees", during the most Crucial Stage of the UN-sponsored Talks.


=> In Consequence, inter alia, Cyprus' Government Spokesman, NicChristodoulides immediately Reacted, clearly Stressing that the main Reason for the Deadlock was Turkey's persistent Refusal to Withdraw its Troops and Drop its Unilateral Intervention Claims, if a ReUnification Deal is signed and enters into force. While Greek Foreign Minister Kotzias reportedly accused Eide to play he role of ... "Turkey's Press Officer" (sic). And Cyprus' President Anastassiades, appearing exceptionaly Upset and Sorrowed, reportedly Denounced as "Sad" for a UN Envoy, "expected to Protect International Law", on the Contrary, to Spread in Public such "Lies" on Delicate Core Issues (including Turkey's Military Invasion and Occupation of Cyprus), challenging him, if he insisted, to Make Public the Minutes recording what has been Really said at Crans Montana's Confidental UN Talks, (etc).


I.e. there where, the latest UN-sponsored Multilateral Top level Political Conference on Cyprus reportedly Revealed that Turkey was Alone to Ask for its own Claims to Unilateral Interventions in Cyprus to be maintained in the Future, while, on the Contrary, Both the 2 Other former "Guarantor" States at Cyprus' Independence (1960), the UK and Greece, were said, on 2017, to be Ready to Clearly and Unequivocally Declare that they Definitively Drop any such claims, as far as they are concerned.


Afterwards, Eide reportedly Alleviated a bit his Claims, Admitting Now that Turkey always Refused to Withdraw its Occupation Troops and Drop its Claims for even more Unilateral Mlitary Interventions in Cyprus, whenever an Agreement for a Peaceful ReUnification of the island would Start to be Applied. But he reportedly persisted to Claim, instead, that Turkey might have, eventually, accepted to, at least, Withdraw "Some" Troops and "Review" its Claim for Unilateral Interventions "Some Time" After the Entry into force of an Agreed Solution of Cyprus' issue, in Exchange of some More Concessions from the Greek Cypriot side, with the Parties bein Unable to Agree on the Timeframe, as he claimed.


But he did Not Say Neither what Ankara asked "in Exchange", Nor How Long its Invasion/Occupation Troops might still remain in Cyprus...  Press reports revealed that Turkey Wanted to partly Keep its Military Occupation during ..."15 (FifTeen) Years" More, even After Cyprus' ReUnification, withOut any real Guarantee that Turkish Army would effectively Leave the Country Later-on, Nor that Ankara will certainly Drop its Unilateral Intervention Claim...


-------------------------------------------------------------------
ECHR 2014 : "Any Form of Complicity in Unlawful Exploitation" of Refugees' Family Homes/Private Properties
---------------------------------------------------------------------------------

 

+ However, "Eurofora" found Unquestionable Public Facts, which Clearly Reveal that this was Not the Only such Dangerous Slipery Slope at Mr. Eide's Statements on Key Points of Cyprus Issue...


This is strictly Based on UN Official Transcripts, ECHR Judgements, and ICC Statute, etc.


- Indeed, Despite Eide's usually Pedagogical and Balanced Press Briefings, at least once, but on a Crucial matter, an Incredible "Lapsus" he committed earlier this year at Nearby Geneva, already since January 2017, threw ...Shivers accross the Spinal Cord of Anyone who knows well enough ECHR's main Judgements on Human Rights' related to Cyprus problem's core issues :

>>> Speaking at a Press Conference in Geneva, on January 9, 2017, (i.e., still during Barack Hussein Obama's Out-Going Terms of Office), and asked by a Collegue to "Explain the Modalities of the submission of Maps in the Territorial discussion", (which were kept Secret, by the involeved UN service), about the Each Party's initial offer for Future Outlines of each Federated State's Land, in the context of a ReUnified, Federal Cyprus, which, in Fact, includes also the "Hot" Issue of Real Refugees' Human Rights to Get Back Home and/or have Access to their Family Homes and Private Properties, as well as Return to their Ancestral Land, suddenly, Eide's observations went astray :

- After Reminding the Fact that, "for One Side, a big part of the Historical Trauma that people have been living with for generations is the loss of land and property where people used to live.  This is a Big Emotional Trauma for Many People", (predominantly Greek Cypriots Obliged to Flee the Turkish Military Invasion and Occupation since 1974, and Still Hindered to Return, until Now, on 2017), as he said, he went on to Add, here,  something Incredible :


>>> - "At the Same Time, today, a number of people have been living their lives NORMALLY (sic !)  for generations, 42 years maybe, in exactly the Same Place, ... (and) have now Established New Lives", Mr. Eide Claimed, (obviously Speaking about Turkish Cypriots and mainly Foreign Settlers, massively Imported from Mainland Anatolia (Turkey), under Control by Ankara's Invasion and Occupation Army, who notoriously Usurpated and still Illegaly Exploit Greek Cypriot Refugees/Displaced Persons' Family Homes and Private Properties)...       

- "So, we are dealing with an Issue which is Highly Charged, on Both Sides", Mr. Eide concluded, abusively Nivelling down those 2 Different Situations.

=> By doing so, he obviously Disregarded ECHR Great Chamber's Latest landmark Judgement on the "Cyprus v. Turkey" Inter-State case, published just 3 Years ago, on May 2014, in Strasbourg, (and still Pending for Execution at CoE's Committee of Ministers), which has Strongly Condemned Turkey for a Series of Massive and "Continuing" Violations of Human Rights of Greek Cypriot/Maronite People at the Territories Occupied by Ankara's Military since 1974 until Now :

 - Indeed, as that exceptionaly Important 2014 ECHR Judgement stressed, "it is Clear that the ...Government" of Turkey "is, in Any Event, formally Bound" by ECHR's own Earlier Rulings on Cyprus (f.ex. of 2001, etc), which, as it "Recalled", have already Slamed "a Continuing Violation" of Human Rights also "by ...the Fact that Greek-Cypriot owners of property in northern Cyprus are being Denied Access to, and Control, Use and Enjoyment of their Property, as well as any Compensation for the Interference with their Property Rights", as far as Real Refugees/Displaced People are concerned, from 1974 until Nowadays.  


- And, During a Long Period of Time, "this (ECHR's) Conclusion, which is Binding in accordance with the (PanEuropean) Convention (on Human Rights), ...has Not Yet been Complied with, (Neither) given Full Effect by the respondent Government" of Turkey, ECHR solemnly observed on May 2014.

=> In Consequence, ECHR's Great Chamber Strongly Denounced as "InConsistent" with its Case Law, "Any possible Permission, ... Acquiescence or other form of Complicity in any Unlawful ...  Exploitation of Greek-Cypriot Homes and Property in the Northern part of Cyprus".
 
>>> In Other Words : All those illegaly but Massively Imported Turkish Settlers from Ankara's Anatolia, into Cyprus' Invaded and Occupied Northern Territories, still held by Turkey's Foreign Military, and others who have Notoriously Usurpated and still are illegaly "Exploiting" Greek Cypriot Refugees'/Displaced Persons' Family Homes and/or Other Private Properties, are Committing something absolutely "UnLawful", according to ECHR.


>>>+ And, regarding those acts, "Any possible ...Acquiescence or Other Form of Complicity", "in Any (such) UnLawful ... Exploitation of Greek Cypriot (Refugees/IDPs') Homes and Property in the Northern Part of Cyprus", is "Not ..Consistent" with ECHR's Judgements, (Comp. Supra).                   

===>>> Thus, according to ECHR's case-Law, it's Impossible for Mr. Eide to seriously Claim, in Fact, that Foreign illegal Settlers (for whom CoE's PanEuropean Assembly has Repeatedly Denounced Ankara's blatant aim to illegaly "Alter the Demography of Cyprus", provoking also "a Political Obstacle" to its Peaceful ReUnification), who might have illegaly Usurpated and still Persist to Abuse and Steal Greek Cypriot Refugees/Displaced persons' Family Homes and/or Other Private Properties, i.e., merely Aggravated Cases of mere ordinary THIEVES, (according to well-known, Ordinary Penal/Criminal Law), might ...Simply be "Living their Lives NORMALLY" (re-Sic !!), as that Controversial, Out-Going UN Envoy, Scandalously boasted (Comp. Proof Supra) !...
 
By Abusively Presenting a Big and still Continuing Scandal of a blatantly Illegal, Massive Usurpation of real Refugees' Family Homes and/or Other Private Properties, while the Victims are Still Hindered to Return Back Home at their Ancestral Land, by Turkey's Invasion and Occupation Army, as it it might have been a so-called ..."NORMAL" way of "Living their Lives", for Massively and Illegaly Imported Turkey's Settlers, Persisting to Commit such Aggravated Usurpations, Thefts and Violations of Brutaly Chassed Away real Refugees/Displaced persons' Human Rights, Mr. Eide obviously Took another serious Risk to let Ankara Push UNO's Cyprus' ReUnification Talks at anOther Deadlock, by practically ...Assimilating all Thieves with their Victims !

In strict Legal and (a fortiori) Moral Terms, obviously, there is Not any Other Possible Conclusion, when one just Sees all those Crystal-Clear Facts, mentioned above :


- Mr Eide's 2017 Claim at a Key Issue of Cyprus' Problem, and ECHR's important 2014 Judgement, are clear and Undeniable Proof, (Comp. Supra).

Indeed, how is it possible to seriously put, Side to Side, and Treat absolutely "Equally", those who notoriously "Exploit" a "Continuing" Massive "Violation of Human Rights", as ECHR repeatedly Denounced with its Judgements in Strasbourg, (already since 1994, 1998, 2001, 2006, 20190, 2014, etc), and those who are the Victims, without Becoming, directly or indirectly, Guilty of "Complicity", as ECHR's 2014 Judgement Warned (Comp. Supra) ?


The mere Time Duration, (evoked by Mr. Eide's above-mentioned observation) does Not Reduce in Anything, but, on the Contrary, ...Aggravates even Further such "Continuing" Violations of Human Rights, as ECHR's well Established Case-Law has named them : Already, f.ex., among others, also the equivalent Extension of the Financial Compensations due for such Prolonged illegal Deprivations of Private Properties Brutaly Usurpated and Violently Prohibited to be Accessed by Greek Cypriot Refugees/Displaced persons to whom they Lawfully belonged, as well as Turkish Government's Negative profile at the CoE and elsewhere for its Persisting Refusal to fully Implement the relevant ECHR's Judgements as it has a Legal Obligation to do, indicates.

Otherwise, any such Violent Theft and/or Crime would Risk to become ..."Lawful" by Mere Passage of Time, while all its Perpetrators and Accomplices would always still stay in Total Impunity, obviously Threatening to Transform Europe and/or the World in a kind of UnStable "Jungle"...

A Fortiori when Real Turkish Cypriots, like, f.ex., Dissident Journalist Kutlu Adali, has been Brutaly Murdered, by 5 GunShots at an Ambush while Returning alone at his Home, in the Territories of Cyprus Invaded and still Occupied by Ankara's Foreign Turkish Military, and, Despite a Crystal-Clear Condamnation of Turkey by ECHR's Great Chamber in Strasbourg on 2004 (See, f.ex. : ...), nevertheless, during Many Years, until now, Ankara has Not yet Found and Punished Anyone (Not even 1 !) among those who Executed and/or are Responsible for that Cold Blood Murder of a Well Known Critic of Turkey's Policies to Massively Import illegal Settlers from Anatolia in Cyprus, and abusively Give them so-called "Nationality" on paper, (many among whom notoriously Usurpated and/or still illegaly Occupy Greek Cypriot Refugees' Family Homes and/or other Private Properties).

agg_on_murdered_tc_dissident_journalists_widow_intimidation_denounced_at_echr_400


Indeed, shortly after Turkey took over CoE's rotating Chair, particularly on Human Rights' issues, back on 2010-2011, "Eurofora"'s co-Founder, - who had been closely Following Adali's case since 1996, and even Conributed to UnFreeze ECHR's procedure (with the Help of New York based "Committee to Protect Journalists"), at a Crucial Moment of alleged Threats against the Widow of the Murdered Journalist, pressured to Drop the case, (who had Protested by Letters to ECHR that we found and Published in Strasbourg on 2000), attended and Published on ECHR's Hearing in Strasbourg on 2002, as well as on CoE's Committee of Ministers' Efforts to Implement the subsequent Judgement which strongly Condemned Ankara, f.ex. on 2006, 2010, etc : http://www.eurofora.net/newsflashes/news/journalistsmurdersadalihrantding.html - was Not able to Find Any notable Follow-up at the Competent CoE's Committee of Ministers Official Infos... All these Facts obviously indicating that All the Murderers, and those who Instigated that Brutal Killing, still Remain Totaly UnPunished ! (See: http://www.eurofora.net/newsflashes/news/adalimurderinvestigationstopedwhenturkeychairscoe.html)

agg_on_adali_murder_hearing_by_echr_tcw_400


-----------------------------------------------------
+ ICC Statute : "War Crimes" ?
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icc_logo__map_wikipedia_400


+ Moreover, concerning the above-mentioned observations by Mr. Eide, the International Criminal Court, which acts in case of National Courts' Failure or at the demand of UN Security Council or of individual State(s), has a Crystal-clear Statute, which strictly Condemns :  


- Usurpations of Properties in Occupied Territories, Chassing Away their original Population, and/or systematically Importing there Foreigners from the Occupying Power's Mainland, as Triple "War Crimes" ! [See: Article 8 (2) (a) (iv) + (vii), and (b) (viii) ].     

 
=> Even if Turkey is among those Few Countries who stubbornly Refused to Sign ICC's Statute, nevertheless, the International Criminal Court's treaty already has 124 Member States, and was Initialy Signed by even More Countries, (including all EU Member States), being HeaQuartered at Hague, Netherlands, as also UNO's International Court of Justice), so that no UN Official could ever Claim to Ignore such a Key part of International Law...


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


Eide had given the impression to be "in a Hurry" already Earlier, since 2016's End and the Beginning of 2017, during which Obama's term Finished, while the  Norwegian is expected to Run as Candidate in the forthcoming National Elections to Oslo's Parliament, scheduled for September 11.


Such an alleged "Hurry" naturaly Fits well Turkey's obvious trend to Hastily Push for a so-called "Final" Move on Cyprus' issue, let it Crash, and, then, Claim that it would be ...Impossible to Solve it, in order to Impose its Long-Standing Partitionist aim, by Asking, sooner of later, to gradualy "Recognize" the Invasion/Occupation regime of the Northern part of Cyprus, illegaly held by Ankara's Foreign Troops since 1974, despite several UNO's Resolutions asking for Turkish Military Withdrawal.


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


On September 11, 2017, Eide is expected to re-Join the Socialist Party, back in Norway, for a National Parliamentary Election, that, according to most Polls, it's currently Unable to win, unless it Sticks together with a "Centrist" Party, which had, Traditionaly, Always cooperated with the Conservatives, except Only Once, Before 2013, when it had made an U-Turn towards the Socialists, subsequently being DownVoted on the 2013 Election, won by the current, Conservatives-Rightists Governing Coalition, but Marking Now an Unexpected, Sharp Upward Movement in recent Polls, just after its current Chief (son of a Biologist) stressed Further an Anti-EU and "Nationalist" Agenda (according to "Wikipedia"+, citting a recent INTW).


=> Should such an Atypical, obviously Opportunistic (Comp. Supra), so-called "Nationalistic" U-Turn, among Mr. Eide's pals, go as far Against fundamental International Law principles on War Crimes, and even on core Human Rights, clearly enshrined in the case of Cyprus by ECHR ?


That above-mentioned "Center Party"'s so-called "Nationalistic" U-Turn on 2017, (comming shortly after also anOther Political U-Turn towards the Socialists, condemned by most Norwegian People at the Latest, 2013 Election), seems to be, in fact, a desperate Attempt by a Traditionaly "Agricultural" Popular Base, to Oppose itself mainly to ... Meat and Cheese Imports, that they Seek to OverTax for "Protectionist" aims in Economy ...


I.e., in Fact, this has Nothing to do with Human Rights' International Law, and, therefore, Mr. Eide would be Better Advised to be More Careful and Avoid Risking his UN Envoy profile to be Compromised, in a way Exploited Only by Turkey's selfish Interests alone.


(../..)

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(NDLR : Partly UPDATED)

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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
-------------------------

CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

hancock

"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

curtis

PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

vries

Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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 ?

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