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Home 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 ?

Автор ACM
Пятница, 21 Июль 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...


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


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+ 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...


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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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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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