english french german greek italian lithuanian russian serbian spanish
Αρχική arrow newsitems arrow Bad Times for WhistleBlowers ? 2018 International Human Rights Foundation René Cassin ECHR contest

Bad Times for WhistleBlowers ? 2018 International Human Rights Foundation René Cassin ECHR contest

Έχει γραφτεί από ACM
Παρασκευή, 06 Απρίλιος 2018
echr_rene_cassin_2018_eurofora_400 

*Strasbourg/ECHR/Angelo Marcopolo/- Speaking to "Eurofora", International Human Rights' Foundation "René Cassin"'s Chairman, former Long-Time ECHR President, Professor Jean-Paul Costa, appeared Adamant :

president_costa__eurofora_400


- "We did Not Judge the Content of this Case. If we had done that, the Outcome would, most probably, be quite Different !", he ensured us.


He was Replying to "Eurofora"s Questions about the UnExpected Award of the Prestigious, Annual "René Cassin" Contest's Prize for 2018, Not to the Team which pleaded for a persecuted and oppressed WhistleBlower sacrificing her career in order to Reveal a Big Scandal of Government-ordered Murders, But, on the Contrary, Surprisingly, to an Opposite Team of Young Jurists, who had seeked Justifications for such an awful Regime...


- In Fact, President Costa was pointing at the Same Direction with Strasbourg University's Professor Florence Rohmer-Benoit, who had just stressed, Earlier, to "Eurofora", that the Jury's Decision to give the "Rene Cassin" Award for 2018 to the Team which Defended that Controversial "Government", in the present Mock-Hearings at the ECHR, had mainly "Focused on their Way to Deal with the Legal Proceedings" in such kind of cases, in general, and Not on the Substance of the Particular (Imaginary) Affair, which had simply given a technical pretext for this Annual Competition.

professor_benoitrohmer_eurofora_400 


+ And, "indeed, there was an Overwhelming Majority, almost a quasi-unanimity on the Choice that we made" in Awarding the (2018) Prize to the Defenders, (i.e. the Team which represented the State whose Government had reportedly ordered targetted killings, and put Heavy Sanctions on the WhistleBlower who tried to Reveal that Scandal), said to "Eurofora" Harry Roselmack, a well known Black French Martinican TV Journalist himself too, (Radios, TF1, Euronews, etc), who had been Exceptionaly Chosen to Chair the ECHR Mock-Legal Hearing, (playing even the prestigious Role of ECHR's President !)..

 
cassin_2018__first_time_echr_had_a_black_president..._eurofora_400 



- So that, in Response to "Eurofora"s 2nd Question : - "But, aren't YOU Afraid to be Criticized by Most Collegue Journalists for Letting Down a Whistle-Blower, (who acted in the name of Freedom of Expression, in a case where a Journalist was Killed in suspicious circumstances) ?", (as we asked, Half Joking, Half Seriously), Roselmack (who has just Won a Prize in UK's "Chelsea Film Festival" for his 2017 new film "Fractures", around the Hard Issue of Deadly Islamist Terrorism's pernicious propaganda), reacted with very Calm Smile, pointing anew at what he presented as a "Widespread, General Feeling", among Most Members of the jury.             

chairing_journalist__roselmack_eurofora_400
(The 1st Black President of ECHR looks Friendly - René Cassin aiding...)


However, it's also a Fact that, at least at First Sight, a Strong Impression results by simply Reading the main Contents of the (Imaginary) Case chosen for 2018's Mock-Legal Proceedings inside the ECHR's great Chamber in Strasbourg, that the "Good" Guys, Obviously, couldn't Stand but Only in Favour of the Complaint lodged by the Whistle-Blower (a Young Woman Civil Servant at a Ministry, Fired, even Striped from her Nationality, and Prosecuted for Treason, etc), against the Government of a State seriously accused to have Ordered Targetted Killings of several Individuals, that some had Tried to timely Denounce in Public, through a Journalist (another Lady), who had, finally, been found Dead, Later-on, in non-elucidated circumstances...


A fortiori when that Complaint (mainly for Violations of the Human Rights to Freedom of Expression, Fair Trial, etc), had been quite Efficiently Presented, by a Team of Young Students of Law from the Angers University, who (by another Striking Coincidence) were All Young Ladies  : i.e. with more than 5 Women for a Total of 5 Persons on the "Good" Side of Supporters of the Truth... (Which, by the way, is also Feminine, as Word, in the Original French Language in which the "Rene Cassin" Annual Competition traditionally takes place, with the Participation of several Dozens of Universities almost from all over Europe and beyond, including this time, f.ex., in addition to Paris, Strasbourg, Grenoble, etc, also Switzerland, Bruges' "College of Europe", Romania, Armenia, the Netherlands/Maastricht, Brussels, Moscow, etc, among the Finalists).

 


f._coe_director_hr_boillat__eurofora_400


- But, as also the Experienced, former Long-Time CoE's Director-General on Legal and Human Rights issues, Philippe Boillat from Switzerland, (a Member of Today's "Court" in ECHR's main Room), agreed with "Eurofora", it's precisely this rare Overload so Many "Good" Arguments and Noble Values to support, from the Side of that WhistleBlower's Legal Complaint on Basic Human Rights grounds, that might have Incited its Team to Rely, perhaps, too much, on the intrinseque Value of the Content of its Cause, that it looked a little-bit ...Too Calm and almost Sure to Win.


- While, on the Contrary, the obviously too "Hard" job of the Adverse Team : that of the Defenders of the above-mentioned State's Government, who were Obliged to represent, apparently, the "Bad" Guy, (i.e. a Government seriously accused to Order Targetted Killings, and harshly persecutes the WhistleBlower who dares Reveal that Scandal in the Public : Comp. Supra), seems to have kind of ...Stimulated the Other 2 Young Students of Law, (them : All Young Men !), Obliging them to Make much More and Hard Efforts, Struggling with even more Fighting Spirit, etc., in order to Try to Face the Huge Challenge that they were Facing in such a thorny affair...


+ Moreover, they (as Real Human Persons), were ... "Innocent" themselves, since their assigned Role as Legal Defenders of that State, had Not been Freely Chosen, But, on the Contrary, it had been Imposed upon them, "by Drawing Lots", as the Chairwoman of this 2018 "René Cassin" International Competition, Professor in Law, Peggy Ducoulombier, said to "Eurofora".


>>> And, Indeed, one main Line that they adopted in Defense, was, apparently, Inspired by the Substance of Ducoulombier's own PhD Thesis, which she had dedicated to the analysis of "Contradictions Between Human Rights" ! (here at the ECHR, for Strasbourg's University, where she returned after Working also in Scotland/Aberdeen, UK, with American/USA Universitarians, as well as the CoE itself, etc)...


=> Thus, f.ex., to the Freedom of Expression, they Opposed the Protection of Private/Family Life and of Personal Data, (f.ex. even of the State Agents supposed to have been Ordered to facilitate of commit Targetted Killings, but Risked to see their own Family Home Address, Mobile Phone, etc. thrown to the Public, etc), as well as, (Most of all), that State's Duty to "Protect its Citizens from the Dangers of Violent (and often Deadly) Terrorism", as they repeatedly Claimed.


+ In Addition, the overall Method that had been Chosen by the Organizers this Time (for the 2018 Competition), by Exceptionaly Giving to All the Members of the "Court" to Raise and Ask Questions at Both Sides (Complaint and Defense) at Any Moment they wanted, During this Hearing's Plaidoyeries, (Something which is normaly Excluded at a Real ECHR Hearing, where Euro-Judhes can Ask Questions Only AFTER the End of the Oral Presentations initially Made by the Parties), indeed, considerablly Contributed into Making this Hearing much more "Sharp" than usual, almost Constantly requiring from Both Teams of Young Students of Law to remain at the "Cutting Edge", Ready to React Fast, Right, and Strong...


>>> A Culminating point was, at the very End of that Debate, the Replies given to a Key Question, of General Interest, about IF, and How, that WhistleBlower might, eventually, have some Other Means, Less Controversial, to Reveal to the Public those reportedly Planned Killings, in  a Timely and Efficient Way ?

 

 cassin__complaint___finalists_team_eurofora_400

 

- From the Side of the Legal Complaint (i.e. speaking for that WhistleBlower), the Obvious Answer was "NO" : F.ex., in such a case, the Defence Minister (accused to Order the Killings) was Out of Question, his Chief of Staff had No real Independence, the Minister of Justice could Not be Trusted to act as he should, and even the Attorney General wasn't really 100% Independent nor fully reliable, (etc). So, it was Just the Press (the Journalist who curiously Died, Shortly Afterwards) that had the Practical Capacity, Independence and Will to Help reveal the Truth to the People.

 

cassin__defenfers_winner_team__closer_eurofora_400 


- But, from the Side of the Legal Defense (i.e. speaking for the respondent State), they were, obviously, Obliged to Strongly Fight Back : It was their Last Chance... Among Many and Various Other Arguments, (more or less unconvincing to "Eurofora"s view), what Singlet out was, particularly, the Reply given as far as it concerned the Possibility to Alert the Attorney General : - Indeed, he would be, in Principle, more Independent than Others, (Comp. Supra), from a fully Hierarchical Subordination, he even had a Legal Duty to act for the General Interest, and, Moreover, he (as a fully-fledged Jurist) would have Certainly taken, at least, the elementary Precaution to Distinguish and CHOOSE, among All those Numerous Data contained in the Papers that the WhistleBlower simply Photo-Copied as such, and Gave to the Press, Only those really Needed in order to Prove the Scandal of those Ordered Killings, while, on the Contrary, Ommitting to make public, i.e. Protecting Any Other Data of Private, Personal or Professional Nature, concerning several Individual Agents of the State, simply Ordered to do this or that, by their Superior (Comp. Supra), as well as any Other Delicate Secret of State, which might, eventually, be Necessary for the National Defense and/or National Security, as well as its Citizens Protection from Terrorism.

+ But, when "Eurofora", shortly Afterwards, discreetly Questioned Both Teams on what they thought about the Real Independence of an Attorney General in such kind of cases, the Reply from the Legal Complaint's side (for the WhistleBlower) Simply was that "it Depends on the National Legislation of Each Country", and that from the Legal Defense (for the respondent State) merely was, in substance : - "But, at least, he is a Magistrate !" I.e., something which, honestly, more or less Deceived us, apparently still Leaving that Question Open to Necessary Debate...

 

cassin_top_winner__yannis_berthelier_eurofora_400 

=> What a Surprize, then, when, Shortlty Afterwards, we shaw our Main Interlocutor from the Side of the Winners of this 2018 Contest, i.e. the "Defending" Team, (that of "Jean Monnet" University from Saint-Etienne), a Young Student in Law mysteriously named "Yannis Berthelier" (naturally looks like Franco-Greek, but he Laughed several Times, playing with "No !", when we asked, until a Young Lady who knew him told us that it's rather True..), who Finally Received, Personally, the Greatest Honor, (Officially attributed by the President of the "René Cassin" International Foundation for Human Rights, f. ECHR President, Professor Jean-Paul Costa himself), that of the 2018 Prize "for the Best (Legal) Eloquence"...


The Event (including the Official Distribution of All Other relevant Awards to the recipients : i.e. Winners, Finalists, Team, Participation, etc, including a Weekly Training Invitation at the prestigious French "Conseil d' Etat" in Paris, etc), took place (as it's traditionally used) at the Superbe, Brand New main Room of the "Great East" Region, (Alsace+Lorraine+Champagne+Ardennes), which links, since 2015, Five core European Countries Together, through joint Borders at the historic "Heart" of Europe (France, Germany, Switzerland, Luxembourg and Belgium, timely Facilitating Links between UNO's PanEuropean Headquarters at Geneva, Strasbourg's European Institutions, Luxembourg's EU Court, and Brussels), located Nearby.

 
region_ceremony_eurofora_400 


+ There, all Participants were warmly Welcomed by the vice-President of that New and Big "Great East" Region, the young Elsa Schalck, Jurist herself, who Linked the European Project with Peace, mainly through Human Rights and Democracy, urged the Young Students in Law to Remember Well what they learned and/or will learn about these Values, when they shall be Called to Use them as Lawyers throughout the Courts, later on, and Concluded with a Balanced Call to Never Forget the Fact that "Human Rights canNot Exist withOut Rule of Law", as she significantly said.

great_east_region_v.president_elsa_schalck_eurofora_400


- Elsa Schalck, speaking afterwards to "Eurofora", indeed, Stressed that, as a Lawyer herself, Based in front of the Historic Franco-German Borders near Strasbourg, she Strongly Believed that the appropriate development of a Human Rights/Rule of Law joint Culture and practice, at EU's and €uroArea's Core, including through Training Young Students in Law, i.e. mostly Future Lawyers, etc., has become, Nowadays, really a "must" for all involved in Europe's foreseable Future.

By the way, the Fact that the Annual International "Rene Cassin" Human Rights Competition traditionally takes place, each Year, on a New, but purely "Imaginary" Case, Faithfully and Accurately immitating ECHR's normal Legal Proceedings, (But, naturally, often, "Inspired" by the Actural Reality in Nowadays Society), did Not Hinder, the Experienced former Long-Time Director-General on Legal and Human Rights issues, Philippe Boillat from Switzerland, while Speaking with "Eurofora" and Top Winner Yannis Berthelier (Comp. Supra), etc. to Sincerely Raise a, obviously Capital Question, which was, indeed, always kept in our mind :


- "But, Curiously, Nobody did Not Raise yet the Issue of the Fate of that Journalist (in this Year's Mock-Case) who was found Dead (Comp. Supra) !"


Both "Eurofora" and Yannis Berthelier, surprized, but inevitably Moved, raised their eyes, thougtfully...


=> After all, as they use to say, in such "René Cassin" International  Human Rights Annual Contests : - "It May Happen, Tomorrow, Really to You !"

 

 

(../..)
 


--------------------------
 
 


***
 


("DraftNews", as already Send to "Eurofora" Subscribers/Donors earlier. A more accurate, full Final Version, might be published asap).
 


***



EUDigitalForum

Statistics

Επισκέπτες: 27495892

Archive

Login Form





Να με θυμάσαι

Ξεχάσατε τον Κωδικό Πρόσβασης;
Δεν έχετε λογαριασμό ακόμα; Δημιουργία λογαριασμού

Syndicate

RSS 0.91
RSS 1.0
RSS 2.0
ATOM 0.3
OPML

 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

Polls

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 ?

Αποτελέσματα

SMF Recent Topics SA

Copyright (c) 2007-2009 EIW/SENAS - EuroFora.net. All rights reserved. ISSN 1969-6361.
Powered by Elxis - Open Source CMS.