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Home arrow newsitems arrow UN Rapporteur on Displaced Persons Jimenez-Damary to EF: Homes/Property=Very Important Human Right

UN Rapporteur on Displaced Persons Jimenez-Damary to EF: Homes/Property=Very Important Human Right

Pisac ACM
24. 04. 2018.
uno_repesentative_for_idisplaced_persons__agg_eurofora_400

*Strasbourg/CoE/Angelo Marcopolo/- Relying to "Eurofora"s Questions on a CoE's Draft Report which Denounces as "War Crime" the Replacement of Population in an Occupied Territory, (as f.ex. in Cyprus, etc), UNO's Special Rapporteur on Internally Displaced People (IDPs), Cecilia Jimenez-Damary, stressed, also on this regard, the particular Importance of the Human Right of Refugees/Displaced People for a Free Return to - and/or Restitution of, or fair Compensation for their Family Homes/Properties and - their Ancestral Land :
 
 
 coe_assembly_committee_hearing_on_refugeesidps_eurofora_400
 
 
UNO's Rapporteur, who was this Afternoon the Key-Note Speaker in a Well-Attended, Exceptional Meeting of CoE Parliamentary Assembly's (PACE) Committee on Migration, Refugees and Displaced Persons,
 
 
 uno_representative_fopr_idisplaced_persobns_speaking_at_coe_assemblys_competent_committee_eurofora_400
 
had "just arrived" to Strasbourg from "Country Visits" on the spot at "Libya and Nigeria", as she told us, and was Earlier this Morning received by the new President of CoE's Assembly, Michele Nicoletti, from Italy, while she is due to Speak mainly at a subsequent PACE's Plenary Session Debate, later Tomorrow Afternoon, (as well as on a Specific "Side Event", organized earlier that same day by PACE's Rapporteur on IDPs, ChristianDemocrat/EPP MEP Killion Munyama from Poland, (See Infra).
 
 
 un_rapporteur_on_idps__pace_president_coeeurofora_400

 - "The Challenge is to try to Recover the (Human) Right to the Property or to Compensation for IDPs", underlined Jimenez-Damary, in this regard.

 - "And, I think that it's a Very Important Right !", she stressed.

- Both "Of course, under the European Convention of Human Rights".

+ "But also Under the International Treaties, as well", added further UNO's Rapporteur.

++ This could, obviously, also Facilitate the "Return" of Displaced Persons Back to their Homes and Ancestral Land, as "Most Governments Want", and, dans certain cases, Refugeed/Displaced Persons also Wish themselfs, (f.ex. in Cyprus' Territories Occupied by Turkey's Army, etc), but are Hindered.

- Mainly Because of "Population Replacement" by an Occupying Country : Something which had been practiced "a lot" onlly in a Remote Past : - "Generations ago, Centuries ago", but Nowadays "it has Become a War Crime", according to the International Criminal Court's Statute, as a relevant CoE's Report (Drafted by Polish ChristianDemocrat MEP Killion Munyama, and due to be Debated+Voted Tomorrow, Wednesday Afternoon, in Strasbourg), clearly points out :

Indeed, the Draft Resolution which accompagnies it, clearly stresses from the outset (§2) that "under the Statute of the International Court, it constitutes a War Crime, for an Occupying Power, to Transfer ... parts of its own civilian Population into the Territory it occupies, and to Deport of transfer, all or parts of the Population of the Occupied Territory, within or Outside this Territory". I.e. precisely what Turkey has notoriously done in the Northern Territories of Cyprus, that Ankara controls with its Invasion/Occupation Army since 1974, where Turkish Colons imported from Anatolia have Replaced the Greek Cypriot Refugees/IDPs who used to live there from Ancient Times, Obiged to Flee the Turkish Military Invasion, and still Hindered, until Now, to Return Back to ther Family Homes and Ancestral Land, despite many ECHR's Judgements Condemning Turkey for such Massive Violations of Human Rights...

 - "This shows the Development of International Law, in order to Overcome that Problem", stressed UNO's Rapporteur for Displaced Persons.

- "I don't want to go into the Comparison Game" with the Past, about the Number of existing Problems.

-  But, at least, what is clear is that, "Right Now, Because of the Development of Legal Standards, there is More Awareness of what Needs to be done", she pointed out.

=> In consequence, "I think that we should Try to Take Advantage of this Positive Development on International Legal Norms... We should Use the Law, wherever we can", UNO's competent Rapporteur on Displaced Persons advised.

- In Fact, "Europe is now full of such (Human Rights-related) International Legal Frameworks !", observed UNO's Rapporteur, who is a Lawyer from Philippines, but works mainly at nearby Geneva.

+ "Again, let's Hope that they (Legal Treaties on Human Rights) are Implemented properly ! ", Jimenez-Darmary put the Finger precisely at a "Burning" point, with a Smile...

=> Lauphing Critically, at "Eurofora"s reminder of the Fact that, even here in Strasbourg, at Europe's Core, ECHR's "Legal" Judgements' Implementation depends from the Supervision of CoE's top "Political" Body : its Committee of Ministers, UNO's Rapporteur on IDPs said that - "I Hope we will Not have to Wait ECHR's Judgements' Execution for Ever"...
 
 
uno_repesentative_for_idisplaced_persons_looking_at_old__new_echr__agg_eurofora_400 

>>>Because, as a matter of Principle, ECHR's "Judgements are supposed to be Executed !", Jimenez-Damary stressed in conclusion.
Symbolically, while saying that, UNO's competent Rapporteur was Looking, through a Huge Window of CoE's Palace, straight ahead to ECHR's initial, Historic, "classic" Building, and to its New, Current and much Bigger, Modern Building, located one after the other, all along a Line in Front of her Eyes... (See relevant original PHOTO).       
 
+ In Addition, Jimenez-Damary told "Eurofora" that she Knew about Professor Pinheiro's World-Famous UN-Backed "Principles", and found them "very Good", (mainly on "Restitution" of Refugees/IDPs' Homes and/or Properties, on which We had Reported already as Early as Since a 1st Pinheiro's Draft Report at Nearby Geneva, initially at "TCWeekly", "MPAgency", etc until their Final, Special Edition in a Book Published and Backed by CoE's Secretary General, UNO's High Commissioner for Human Rights, and UNO's High Commissioner for Refugees : See, f.ex. ..., etc).

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

- However, already in the Oldest Case of ECHR's case-law on Refugees/Displaced People's Human Rights to their Family Homes and/or Private Properties : that of EU Member Country Cyprus, CoE's current Rapporteur on the "Humanitarian Needs and (Human) Rights of internally Displaced Persons in Europe", Christian-Democrat/EPP MEP Killion Munyama, speaking earlier Today to "Eurofora", told us that he "Knew" these cases of Massive and Continuing Violations of Human Rights, for which, his Report notes that they Affect around "228.000 - 232.000" People, (i.e., notoriously about 20% of that Country's Total Population !).

- And COE's Rapporteur made it clear that he also Knew that these Massively Displaced Persons' Rights' Denial, (mainly Greek Cypriots obliged to Flee the Turkish Military Invasion/Occupation of 1974, and, since then, still Hindered by Ankara's Troops to Return Back to their Family Homes/Private Properties and Ancestral Land, despite several UN SC Resolutions and ECHR's Judgements Condemning Turkey for Violating their Human Rights), has already durated more than 43 Years (1974-2018), i.e. "Since 1974", as he told "Eurofora".
 
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>>> His Report, clearly Denounces the Fact that "the ECHR has Dealt with Applications by Cypriot IDPs Since the Landmark Judgement in the Case of "Loizidou v. Turkey" of 1998", (in fact, already since 1996 = ECHR's Judgement on the Substance of this case, the Latter, Follow-up Judgement concerning only the Financial Compensation for Non-Execution of the Initial ECHR's Judgement). And it also adds, pertinently, the more Recent Fact that "in its Judgement "Cyprus v. Turkey" .. of 12 May 2014, ... (I.e. + 8 Years Later-on) the Court (still) Found a Violation because of the Turkish Authority's Complicity in Unlawful Sale or Exploitation of Greek Cypriot Homes and Property in the Northern Part of Cyprus", controled by Turkey's Army, (See § 55 of that Report).

=> Obviously, as long as the Impunity of Turkey still remains, as far as it concerns its blatant Denial of ECHR's landmark Judgement in "Loizidou" case of 1996/1998, (followed also by that of the InterState Application in "Cyprus v.  Turkey"'s affair : Hearing = 1994, Judgement = 2001), related to Ankara's Military Invasion/Occupation of 1974, it was Inevitable for the CoE to Start having also Too Many Other Cases of such Massive Violations of Human Rights Afterwards : f.ex., in the Kurdish Issue, inside Turkey (1984-2018); on the Nagorno-Karabah Conflict (since the 1990s+), in Bosnia-Herzegovina ( 2000+), Georgia (2008) and Ukraine (2014), etc., as COE's Rapporteur notes in his Paper's Conclusion, also on § 33.

- But, Cusiously, in the Draft Resolution which accompagnies his Draft Report, Munyama doesN't say Anything Critical at all for Turkey's blatant Contempt to ECHR's Judgements concerning Greek Cypriot Displaced Persons, (Page 33) ! On the Contrary, that Report even goes on to Boast about a so-called ..."Important Progress (sic !)
made in the Humanitarian situation of IDPs in Cyprus" !...                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
 

=> Will, an Amendment eventually Tabled to be Voted Tomorrow Afternoon, at CoE's Parliamentary Assembly's Penary Session, Rectify such a Blatant Contradiction Between CoE's Rapporteur's Findings and that Draft Resolution's Claims on that "Hot" Point, which are an obvious Blunder ?_
_______________________________________________
 

 
 turkish_official_does_not_reply_to_meps_question_on_child_labour_eurofora_400

Or will it remain, perhaps, as such a grossly Negative Mark as that which was left by a Turkey's Official from the "Disaster and Emergency Management Authority" (AFAD) of Ankara, (another Invitee of that PACE's Committee), who, astonishingly, did Not even Reply (sic !)
 
 
 mep_who_asked_for_child_labour_in_turkey_and_got_no_reply__eurofora_400
 
 
to the Critical Observation of a MEP about "Reports of Child Labour" among Syrian Refugees massed inside Turkey's "Camps" (See Infra)...
 
 
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 ---------------------
 
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Shortly Afterwards, outside of the CoE, this Same Day for the Anniversary of the "Armenian Genocide", the Tireless President of Strasbourg's Alsace Region's Armenian Friendship Association, Pierre Zouloumian, surrounded with a Team of Young People that he organized, was just Concluding his Annual Speech to that Popular Ceremonial Meeting at the Republic's Square, handing a Copy of a "Press File" to "Eurofora", (by a coincidence, under a Huge Tree reportedly stemming from the Seed of Japanese Roots which had succeeded to Survive, Underground, at Nagashaki-Hiroshima even the 1st Nuclear Bomb Explosion)...
 
 
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Nearby, the Armenian Ambassador/Permanent Representative to the CoE, Parnyr Hovhannisyan, speaking to "Eurofora", feels necessary to Timely Link the Human Values standing behind the World-Wide Condemnation of the 1st Genocide of the 20th Century AC, (in fact a Massive and Brutal Attempt to "Replace" an entire Historic Population by Forcibly Displacing it towards the Syrian Desert), with the Recent Aggressions of Deadly Islamist Terrorists notoriously helped by Turkey in Syria and Iraq against, precisely, a few stll remaining Armenian Survivants in some Villages there, but also against Yazidi People, Kurds, Christian Minorities, etc.
 
 
 armenian_families_at_republic_square_after_the_meeting_for_the_memory_of_the_genocide_eurofora_400
--------------------
But who, amidst CoE, EU and/or UNO will Urgently Help to at least alleviate the current Plight of about "200.000" Civilian People (130.000 already in a "Camp"), reportedly Displaced from their Family Homes, Properties and Ancestral Land, at the Syrian Kurdish Canton of Afrin, recently Invaded and Occupied by the Turkish Military escorted by some Radicalized Islamist Armed Gangs (some say even former ISIS Members, hastily Recycled) ?

- "They (UNO's Officials) don't even speak to us yet :!", complained (Yesterday, invited by MEPs at a CoE's "Side Event" in Strasbourg) the Syrian Kurdish Political Leader, Salem Mohamed Maslem, whose Organisation, the "Party of Democratic Union", had notoriously Helped the USA-led International Coalition to succesfully Fight against ISIS' Deadly Islamist Terrorists cowardly Targetting Civilian People, (Comp.: ....).
 
In Syrian Kurdish Canton Afrin (now Controlled by the Turkish Invasion/Occupation Troops and its Proxy Gangs of Armed Extremists), systematic Attempts to "Replace" its Ancestral Inhabitants by Other Groups, Imported by the Invading Turkish Army, seems to have already Started,  (as also reported Obstacles for Refugees/Displaced Persons' Return, Changes of Street Names clearly indicate)...
 
 
 
(../..)
 
 
 
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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

imag0335_400


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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