

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

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.
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.

- "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 :

- "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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EU-educated charming young Chinese presence started to be felt in Council of Europe's corridors in Strasbourg at the aftermath of an Historic Resolution adopted by its Parliamentary Assembly in favor of opening the possibility to give China a special "Status" in the PanEuropean Organization.
- "My proposal to offer to China an official status as "Observer", in short term, under conditions, was welcomed" by the CoE : "The road to Dialogue between China and the CoE has now been opened", declared after Strasbourg's debates and votes the Head of France's delegation, MEP Jean-Claude Mignon.

"Neither complacency, nor a mere condamnation of China", but a "wise approach of a political issue of great importance", advised Mignon to all those who'd either overload claims on Democracy, Human Rights or Minorities, or close their eyes to anything, there as elsewhere... A balance which was not exactly followed during debates, contrary to Mignon's personal stance, which appeared rather even-handed.
China is the only UNO Security Council permanent member which has not yet any status at the CoE, being still obliged to be represented in Strasbourg by a General Consul : USA and Canada, even Japan and .. Mexico, have already got a special Status at the CoE, following Strasbourg's decision, back in 1995, to counter-balance the accession of Russia (1996) by creating special links to traditional "Western-world" allies.

All former "Socialist" Eastern European countries started to have relations whith the CoE through its former sector on Culture and Education, before becoming full Members of Strasbourg's paneuropean organization. Speculations were unfolding recently about establishing a probable concrete link with China through the topical issue of anti-doping in Sport, on the occasion of the 2008 Olympic games.
More spectacular, a meeting co-organized a few years ago in Strasbourg, by EuroFora and the International Space University between EU Parliament's long-time Rapporteur for EU's Satellite Navigation system "GALILEO", German MEP Brigitte Langenhagen, and a group of postgraduate students, attracted special interest from Chinese experts, and was followed, in less than a month, by the anouncement of China's intention to support EU's GALILEO project with a participation of 200 million €.
Compared to that, revendications of .. "Turkish" Minorities, by Turkish MEPs, this week in Strasbourg, spreading through a wide area extended ...from Greece up to China, appeared less worrying, than pittoresque...
Meanwhile, France's political will to start involving China and other important countries in European and Global affairs was due to be raised also at the forthcoming G-8 Summit in Japan by President Nicolas SARKOZY, (NDLR : confirmed on July 5)