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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 ?

Pisac ACM
21. 07. 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...


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


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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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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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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