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Home arrow newsitems arrow Venice Commission's President, Prof. Helgesen to EuroFora : Human Rights Defenders need protection

Venice Commission's President, Prof. Helgesen to EuroFora : Human Rights Defenders need protection

Written by ACM
Thursday, 28 May 2009
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-"Human Rights Defenders need protection even in Democracies", stressed
Venice Commission's President, Professor Jan Helgelsen from Norway, replying to "EuroFora"'s questions.

Therefore, CoE's prestigious Legal Experts' body might undertake to make a Study on this issue covering all its 47 MemberStates, including on the implementation of ECHR's case-law on States' obligation to protect Journalists working on Human Rights' issues and/or fully investigate their murders in order to prevent similar cases in Future, Helgelsen accepted responding positively to "EuroFora"s query.
                                                                                                                                                                                                                                                                                                                                                                             - "I wouldn't exclude that", "because it's still an on-going issue", replied Helgelsen, who has a unique long-standing experience on the matter, as former Head of UNO's Working Group on "the Right and responsibility of Individuals, Groups and organs of Society to promote and protect universally recognized Human Rights and fundamental Freedoms", which drafted the "Declaration on Human Rights' Defenders" adopted at nearby Geneva by UNO's Human Rights' Commission, and later by UNO's General Assembly at New York in 1998.

    A decade later, the issue was recently taken up in Europe by CoE's Commissioner on Human Rights, Thomas Hammarberg, strongly supported by a 2009 Resolution adopted by CoE's Assembly on a Report by German ChristianDemocrat MEP, Holger Haibach.
 
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    - "As a Human Rights Professor, I think that even today, after a Decade, it's important : You can see that Human Rights Defenders' rights are violated in several parts of the World, so it's still  an on-going issue, that I wouldn't exclude to Study in Future on the relations of Governments to Human Rights Defenders"

    - Because "it's not only in Totalitarian regimes that you can find that. You can find it also in Democracies" : "There is an interesting conflict between Democracy and rule of Law : More and more Governments, even in Democracies, are really treating Human Rights Defenders harshly, because they claim that Human Rights Defenders tarnish Democracy".
   
    But, "Venice Commission is based on 2 Pillars : Democracy and Rule of Law. And we (CoE) always say that both pillars are equally important. We (CoE) cannot accept that a Democracy violates Human Rights or Minorities' rights".

    - "Human Rights' Defenders are close to my Heart... I was, indeed drafting this Declaration at the UN for years", and, even if Venice Commission has not yet specifically done anything in this field, I wouldn't exclude to take this issue on the Agenda for a Report", Helgelsen concluded.

    Venice Commission's readiness to extend such studies to all CoE Member States and not only to former "Eastern" European Countries, as in the past, was confirmed also by the experienced Director of its Secretariat, Gianni Buquicchio of Italy :
 
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    - "When Venice Commission started, back in 1989, it was conceived to serve all European Countries. But soon Berlin wall fell down, and a huge area opened to help Eastern European Countries' constitutional reforms. However, its competence covers not only Constitutions, but also Elections, Constitutional Justice, Solutions to conflicts, Human Rights, etc", Often "at the invitation of the EU or UNO", whenever needed; fex. in frozen conflicts, we intervene on the sidelines of political negotiations. And recently we dealt also with old democracies such as Finland, the UK, Belgium, etc. but also Turkey.

    - Thus, "we (CoE) could do a Study on such kind of issues too", replied Buquicchio to another "EuroFora" Question on the need to ensure efficient investigations on a series of murders of Journalists working on Human Rights, particularly when ECHR has already issued judgements condemning certain States, as f.ex. on Gongadze's case in Ukraine, on  Newspaper "Ozger Ozgur"'s staff in Turkey, and on dissident Turkish Cypriot Adali's case in the Turkish-Occupied Territories of Cyprus.

    But while in Gongadge's case CoE's Committee of Ministers still keeps a pressure on Ukranian Authorities to find and punish also those who had asked for the murder, well beyond the condemnation of 2 executors to 10 Years of Jail, on the contrary, on Adali's case, sheduled for June, it reportedly has proposed to ... "postpone" anew its examination, from March to June, and now from June to September 2009, surprisingly without giving even the slightesst information on what is going on...

     Adali's murder case, in the Past, had been "stuck" also previously, pending
for a too long time inside ECHR's secretariat, but was "unblocked"  also after "EuroFora" informed New York based "Committee to Protect Journalists" (CPJ)  who called upon ECHR to really examine the case, despite obstacles and harassment denounced by the Victims' Wife, Ilkay, who visited twice Strasbourg.



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Pierre Pflimlin's visionary line : Honouring the Memory of the man who wanted to build Europe on the Mountains, based on Spirit !

 

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One of EuroFora's best inspirators is naturally Pierre Pflimlin :

We had a chance to personally meet the dynamic and experienced former President of both EU Parliament and CoE's Assembly, France's Prime Minister and Strasbourg's Mayor, only at his 90th anniversary, during an Historic speech at the Council of Europe, exceptionally full of people.

But his energetic figure looked more like a youngster of 19 years old, eager to win the Olympic games !..

Visionary, 2P was, from many points of view :

His daughter, Antoinette, Artist-decorator, and Senator Jung, President of a group of friends, confirmed us an Historian's revelation, that Pflimlin had initially the idea to build all European institutions (EU Parliament, Council of Europe, European Court of Human Rights, etc) at the spectacular heights of Oberhausbergen hills, with an eye-catching view of both French Vosges and German Black Forest Mountains, in the midst of a Forest : A real vision to create a brand New European Headquarters with a big ambition !

But, it seems, that "someone in Brussels" found that picture, precisely, too big for his taste, and threw a spanner on the works...

Pflimlin stroke back a Decade ago, at his Historic 1997 farewell speech :

He urged Europeans to find another, more substantial way, to lift Europe to more important Heights in Future :

- "On which basis can we imagine the birth of a great Europe ?", he asked.

"Certainly an Economic basis ! A solid market economy, meeting also the needs of social justice. A Political basis : Europe must become a strong Political Power, able to influence World's changes, naturally for Peace."

"But I believe that the essential foundation of a greater Europe should be of Spiritual nature : .... The great pacific Revolutions were Spiritual Victories" : They expressed "People's main motivation to live in a society with our Values of Liberty, Democracy, respect for Human Dignity".

"Then, the roadmap is ready : Yes, the foundation of the unity for a large Europe is the spiritual heritage, inspired by Christian Humanism and the Humanism of Renaissance, of Enlightenment, from which emerged a Civilisation focused on the Human person".

"Here is the task to be accomplished. It's very difficult".

"The Time approaches when I'll have to pass over the torchlight. God willing, this torch should enlighten the path of those who are going to build, tomorrow, the great Europe, marked by this Spirit".

 

(Extract from the Book "Pierre Pfilmin : Alsacian and European", 2007. Texts by Senator Louis Jung, by the long-time f. Director of Strasbourg's Newspaper DNA, Alain Howiller, and by f. EU Parliament's Press Director, Paul Collowald : See dedications, hand-written by the authors, the day the book for Pflimlin's 100th Aniversary was launched at Strasbourg's Press Club and European Parliamentary Association's headquarters, 13 April 2007).

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