newsitems
Strasbourg's ECHR case-law on Refugees topped Brussels EU Summit after Czech claims on Lisbon Treaty
Strasbourg's ECHR's case-law on Refugees and displaced persons unexpectedly topped the European Agenda, from the current Cyprus' talks up to ..Brussels' EU Summit, as decisions on EU's top jobs were suspended on finding a solution to Czech President Klaus' claim for exceptions to the European Human Rights' principles on victims' right to return, restitution or compensation of usurpated homes and private properties, afraid that they might be applied to German-culture populations expulsed at the aftermath of the 2nd World War..
A surprise visit of ECHR's President, Jean-Paul Costa, to the Czech Republic, a few days ago, coincided with Klaus' anouncement welcoming a Swedish EU Presidency's proposal and accepting to "start working" on it, the same day that Costa, after meeting him in Prague, was visiting also the Czech Constitutional Court, (where a complaint against Lisbon Treaty is pending), at Brno on October 23, 2009.
Adding to a surprising series of converging "coincidences", the move was made the same day that, after denouncing earlier strong disagreements with Turkey on Refugees' Human Rights, now Cyprus' Media reported an agreement between Cyprus' President Christofias and Turkish Cypriot leader Talat for a "Formula" on Refugees' homes and properties with "exceptions" and special "categories" for plots of land where, meanwhile, the Turkish Occupation regime may have built "roads, public utility buildings,.. or houses and collective buildings". Something which was exceptionally hailed by T/C leader Talat as "a very good development, because with that method we overcame the deadlock on (Refugees') properties".
But, meanwhile, ECHR reminded both to Klaus and Turkey the "Loizidou" and "Cyprus v. Turkey" case-law against "Continuing"" violations of Greek Cypriot Refugees' Family life and Property Rights by condemning Ankara at another landmark case (Olymbiou) this week.
And Christofias reportedly said that he'd ask at EU Summit assurances that any concession to Klaus for 2ndWW issues should not affect the differend situation which still exists in Cyprus since the 1974 Turkish Military invasion, nor ECHR's case-law on Greek Cypriot Refugees, elaborated between 1996 and 2001.
- "I don't know why this visit (to Klaus and to the Czech Constitutional Court) was made now, nor what was said by President Costa", simply declined to answer ECHR's experienced Head of Communication, Rodrick Liddell, to "EuroFora"'s questions, without, however, denying that it might have been related with on-going attempts to convince Czechs to ratify the Lisbon Treaty speaking
Liddell was asked by "EuroFora" why Klaus claimed that he was afraid of Lisbon Treaty's "Human Rights' Charter", if a similar result on displaced persons' properties might be eventually obtained also through the exisiting ECHR's mecanism, that the Czech Republic has already ratified
- It's true that "ECHR already has competence to consider complaints lodged against the Czech Republic", However, "in principle it couldn't go as far as to cover 2nd World War cases" (dating from 1945), But "I don't know" "if it might be considered a continuous" violation of Displaced persons' rights, as in Cyprus' cases (dating from 1974), the ECHR Official carefully replied..
- "As you know yourself, the events which are at the origin of a case must occur after the ratification of the ECHR. That's the principle. But, there are, as you know, situations where the link between the events and the complaint is considered to be sufficient", he reminded.
Smiling at "EuroFora""s question on the astonishing "coincidence" that Klaus "positive" statement for a possible deal with the EU on his claim on German Displaced persons came "the same day" that ECHR's President Costa visited him, the ECHR's Senior Official, simply replied that he had "no information on whether the President's visit might have contributed to influence that", and promissed "to ask him about that", without denying.
Meanwhile, Karel Jungwiert, the judge elected at the ECHR in respect of the Czech Republic, who had accompagnied President Costa in his visit to Prague and Brno, was still out of Strasbourg exceptionally "until next week", apparently following constantly and consulted on the on-going dealings on Displaced persons' Rights between the Swedish EU Presidency and Czech President Klaus in the run up to Brussels' EU Summit this week-end, as well as to the preparation of Czech Constitutional Court's verdict, due to be published at Brno early next week, "EuroFora" learned from other ECHR Officials.
ECHR's President Costa was "aware" of the recent moves by Czech President Klaus' and a group of Senators to oppose Lisbon Treaty by refusing ratification as long as the 2nd WW's issue of German culture displaced People's properties wasn't definitively settled, and by lodging a collective complaint to the Czech Constitutional Court, respectively, and all that "had initially incited him to consider postponing his visit", another ECHR Official said to "EuroFora".
But she wasn't in a position to explain what made Costa, finally, change stance and decide to visit the Czech Republic, its President Klaus, and its Constitutional Court, at Prague and Brno the 22 and 23 of October, nor what was really said the day Lisbon Treaty's ratification was apparently unblocked...
All these converging but unusual Facts inevitably provoked on-going Speculations in Strasbourg on how ECHR's President Costa might have helped to convince Czech President Klaus to start moving on Lisbon Treaty, despite his proclaimed fear that 2nd WW German culture people might ask ECHR to extend "Loizidou" and "Cyprus v. Turkey" case-law, initially concerning "continuing" violations of Greek Cypriot Refugees' Homes and properties
Logically, this could be done either by ... giving up to Klaus' demand, i.e. by restricting (in one way or another) the practical functioning and the impact of ECHR's case-law, by imposing, fex. more strict temporary and/or restitution limits, etc., or, on the contrary, by reminding him that ECHR already existed, independently of Lisbon Treaty. and Human Rights could not be modified for political expediences.
But the first option woud be obviously percieved as a serious setback on Human Rights' protection for Political expediencies , which could also provoke a dangerous precedent for other claims, by other States too in future..
On the contrary, mainstream French Newspaper "Figaro" strongly criticized, in this regard, the Czech measures of 1945, known as "Benes' regulations", "forgotten in comparison to the Shoa" by the NAZI, about "the eviction of Sudetes : .A measure of "Ethnic Cleansing", which "confiscated the properties and expulsed more than 2,5 million Germans, Men, Women and Children", in revenge of Hitler's acts in the name of a controversial "collective responsibility".
- But, "nobody didn't ever recognize the Benes' regulations, since 1945, neither in the West, nor in the European Union", the mainstream French Newspaper stressed, criticizing Klaus for "asking now the EU to indirectly legitimize the "infernal" Benes' regulations about past "Ethnic Cleansings"..
However, Klaus' move seems "absurd" since Lisbon Treaty's "Fundamental Rights' Charter" "cannot be applied, at any case, on what happened back in 1945", "Figaro" said.
Thus, another possibility is that, perhaps, on the contrary, Costa contributed to convince Klaus by simply reminding him that ECHR already existed and might eventually consider applications also by German-culture people expulsed from the Czech Republic after the 2nd WW (if certain conditions were fullfilled) asking to get back their properties, independently of the Lisbon Treaty and its "Fundamental Rights"' Charter.
This would obviously be more in line with Human Rights' general principles, regardless of whether ECHR might accept or reject such applications as inadmissible, or unfounded.
ECHR's Judgement condemning Turkey on Greek Cypriot Refugee Olymbiou's case for violating her Family life and Property Rights (Articles 8, and 1 Protocol 1 ECHR), by confirming the "Loizidou" and "Cyprus v. Turkey" case-law, denouncing a "Continuous Denial of Access", and a "Continuing and Total Denial of Access to their Property (as) a clear interference with the Right of the Displaced Greek Cypriots to the peaceful enjoyment of (their) posessions" (respectively), topically reminded both to Ankara and Klaus the European Human Rights' principles.
- "But no case ever declared admissible by the European Court on the evictions of that period" of 2nd World War from the Czech Republic, "Figaro" also noted.
Is this, perhaps, Klaus' real demand also for the present and the future ? In that case, could such a demand be acceptable by Europe, without endangering the entire European mecanism for the protection of Human Rights ?
For Cyprus, the only "advantage" from Klaus' manoeuvers could be that Nicosia might take on its side, at least symbolically, Berlin, (and in extension, Germany's closest partner : France), vis a vis Turkey's partitionist claims against Refugees' human rights.
But it's also true, that Lisbon Treaty provides for EU's accession to the ECHR, expected to submit, for the 1st time, all acts of EU institutions themselves to the control of Strasbourg's Court on complaints for Human Rights violations.
However, many had said earlier that, regardless of what anyone might think of him, Klaus' critical view on the EU might be useful at least in order to help EU Citizens fight against Bureaucracy. This leaves it an even deeper Mystery to know what or who convinced him to change orientation and focus, on the contrary, on restricting Citizens' Human Rights...
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ECHR: Persisting Impunity for shooting to kill at Cyprus buffer zone 20 years after Berlin Wall fall
Impunity for shooting to kill at Cyprus' Bufer Zone persists until now (2009), even for killing an unarmed youngster aged 19 who saluted Turkish soldiers as "Brothers", or gravely wounding a 60 years old Woman, etc, ECHR denounced condemning Ankara twice in Strasbourg, the same week that new German Government anounced an EU-Russia-USA Summit for Berlin Wall's fall 20th Anniversary, and adopted a 2009-2014 program stressing Turkey's obligation to "strictly fullfil all EU Criteria" if it wants to continue lucrative EU Negotiations.
The move came while the old formula that EU - Turkey "Negotiations will continue", whatever might happen during the next Years, as in the previous coalition with SPD's "Socialists" (for 2005-2009), was now (for the 2009-2014 new period), skipped, on the contrary, by the new German Government coalition of ChristianDemocrats and Liberals..
All 3 tragic Cyprus' cases judged by ECHR this week obviously point at Berlin Wall's fall, in one way or another :
In the 1st case, an "unarmed" Youngster (aged only 19), "Stelios", was walking "alone" , in broad Daylight, waving his hat to his Turkish Cypriot compatriots and "shouting : -"Come Brother !", ECHR notes.
But he was shot and killed "by Turkish or Turkish Cypriot Soldiers", without any previous warning, as ECHR found, based on UNO's data which report that only "a single shot was heard".
- "At that moment", the "isolated man" "was outnumbered by the (Turkish) Security forces", who were "in complete control of the area, and it would have been possible for them to stop Mr Panayi without jeopardising his life", EuroJudges found.
Moreover, ECHR "regrets that the Turkish or Turkish-Cypriot forces hampered the Humanitarian intervention of UNFICYP soldiers", "preventing immediate Medical care from being administered to the victim of the shooting". "Thus acting in a manner which is incompatible with the obligation to protect Life", even while "a seriously injured man lying on the ground in Mr Panayi's circumstances would hardly have been capable of posing any threat whatsoever to armed ..soldiers".
- "UN Secretary-General reported that UNFICYP soldiers had been prevented from reaching Stelios Kalli Panayi “by Turkish-Cypriot soldiers who fired shots in the direction of the UNFICYP soldiers each time the latter tried to move forward”. This was described by the UNO as “Hostile action, including live Fire against UNFICYP", EuroJudges noted.
Thus, ECHR concluded "that Stelios Kalli Panayi was killed by agents of the respondent State (of Turkey), and that the use of force was not justified by any ..exception"
But the total Impunity of those responsible for the illegal Killing persists until now (2009), also denounced ECHR :
- "As regards Criminal-law remedies, the Court observes that the (Turkish) Government have not provided any information concerning an Investigation into the circumstances of the shooting". "Moreover, even assuming that an independent body had started an Investigation, ...it would have been pending since ..1996 without achieving any substantial results" until 2009 : i.e. for more than 13 Years !...
- Thus, the European "Court finds that the (Turkish) authorities failed to carry out an effective Criminal Investigation into the circumstances surrounding the death of Stelios Kalli Panayi. ...Accordingly ...there has been a violation of (the Human Right to Life) in this respect also"
The victim's Family, his Father and Mother, who "had been Refugees since the 1974 Turkish military intervention", and "had raised their son at a considerable cost until the age of 19", risked also to be abandoned now alone in their old age, after their unique son's killing. Contrary to their legitimate "expectation" that "as in other Mediterranean Member States of the European Union, children were supposed to take responsibility for their parents' care and social welfare in old age", EuroJudges noted.
But it is astonishing that ECHR's previous leadership left another case, of even more atrocious brutality, concerning a Woman shot and gravely wounded by Turkish Soldiers close to the Buffer Zone, without taking any action in Strasbourg for .. 12 Years : 1996 - 2008, until the victim ...died meanwhile in 2005, vainly waiting during 9 Years from the European Court any elementary Justice !
It's only ...12 Years after the victim lodged its application to Strasbourg, while still suffering from grave Health consequences from wounds provoked by Turkish soldiers' gunshots, that ECHR decided to simply .. transmit her case file to the respondent Turkish Authorities, in 2008" ! If any other, national court, had delayed so much, it would have been certainly condemned by .. ECHR for excessive delay into providing justice, (Article 6 ECHR).
Georgia Andreou, a 59 years old Poor Woman, refugee obiged to work as "Hotel Cleaner" for just "414 Cyprus £ as Monthly Salary", was "hit in the abdomen by a Bullet" fired by "Turkish or Turkish Cypriot soldiers", and "collapsed", "was taken to (a) Hospital" and "operated on, but lost one of her Kidneys", became "Unable to work" after "3 Surgical Operations", and was still suffering, many years afterwards, from "Pleuritis", "post-Traumatic Stress and Depression", ECHR noted.
Her story starts when, in 1996 "over one hundred Cypriot and other European motorcyclists set off from Berlin, and made their way through EU to Cyprus" for "a demonstration aimed at protesting against the Turkish occupation". "One of the Greek-Cypriot demonstrators, Anastasios Isaak, was beaten to death" by more than 10 Turkish extremists imported from mainland Turkey at the Buffer Zone, who persisted to hit their victim with sticks and to throw stones to his head, even when he fell down, lying at the feet of his aggressors, until he was atrociously killed by a mob, as well known Films revealed. ECHR condemned Turkey on 2008 for "the killing of ..Isaak, and (for) the failure to conduct any effective investigation" in order to find and punish those responsible for the killing, EuroJudges remind now.
Isaak "was a Friend of her Son", and Georgia "attended (his) Funeral", after which, another unarmed Greek Cypriot demonstrator,; "Solomos Solomou, crossed the ...Ceasefire Line and started to climb a flagpole. He was shot and later died from his injuries". ECHR condemned Turkey in 2008 for "the killing of ..Solomou, and (for) the failure to conduct an efficient Investigation".
After "Solomou was ..shot by a Turkish or Turkish-Cypriot soldier (he) fell to the ground with blood flowing profusely from his neck (the autopsy later revealed that Solomou was hit by 5 Bullets),
Then, "Turkish or Turkish-Cypriot soldiers ..proceeded to fire some 25 to 50 rounds indiscriminately into the Crowd" .."UNFICYP ...Commanders ...observed uniformed Turkish or Turkish-Cypriot military personnel kneeling down and firing in the direction of the (unarmed) Demonstrators. As a result of the indiscriminate shooting by Turkish or Turkish-Cypriot soldiers, 2 British UNFICYP soldiers were shot from behind, and 2 Greek-Cypriot Civilians were also hit by Gunfire". Georgia Andreou, "one of the civilians, who sustained a serious gunshot wound to the abdomen, was standing outside the UN buffer zone close to the ..checkpoint", UNO's Report denounces, as ECHR observed.
UNO "strongly protest(ed) the totally unwarranted use of force by Turkish or Turkish-Cypriot military personnel which resulted in the killing of Solomou and in injuries to 2 Peacekeepers and 2 Civilians", EuroJudges note.
"The Court attaches ..weight to the fact that, according to the eyewitnesses, the opening of fire was totally Unwarranted and Not even preceded by a Warning shot". And Georgia even "had not crossed the ceasefire line, (but) had been hit by the bullet while standing outside the UN buffer zone", ECHR's judgement denounces.
The gravely wounded Woman, died later by "Brain Strokes" provoked by "high blood Pressure", following "post-traumatic Stress and Depression", after she experienced these tragic events. While vainly waiting 9 years for Justice to be done by the European Court, (1996-2005), among several related sufferings, even "a ..Metallic element was detected on the right side of her Liver, possibly due to the Bullet from the Gun". The Doctor who examined her all these years observed that "she seemed frightened from the events that occurred and very troubled by the Surgery and the side Effects....there was an Intense Stressful reaction as well as indication of Anxiety and Depression. ...with indication of Phobias. Her sleep was disturbed and she developed Panic Attacks that were very hard to deal with and treat. The events of the Shooting were being revisited in her mind and her narration of the Stressful, Scary and Painful events stigmatized her until her death, .. without significant improvement until the end of her life.”
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Compared to the Gravity of the Andreou case, there is no need to describe in detail also the 3rd Cyprus' "Buffer Zone" case, judged by ECHR this week, on Greek Cypriot Refugee Woman Mrs Andri Olymbiou, aged 60, who, in addition to the "continuing total denial of acces" to her Family Home and Property in the Occupied Territories of Cyprus, was also harshly-streated by Turkish Security forces when they brutally dispersed a Demonstration of more than 100 Women, throwing several of them, ( including Olymbiou), in Prison for more than three days.
ECHR condemned anew Turkey for persisting to violate Greek Cypriot Refugees and displaced persons' Human Right to return to their Family Homes and/or use their private Properties in the Occupied Territories of Cyprus held by Ankara's Army.
- "As a refugee, I have an inextinguishable desire to return. I want to return there where I lived my Childhood. I think that both the Greek Cypriots and the Turkish Cypriots should have this right. I believe that no one has the right and the authority to throw us out of our Houses. As long as I am living, I will want to return to my house. For me there is no Green Line. There is a United Cyprus", had simply stated Olymbiou before being thrown to Prison, ECHR notes.
Olymbiou, together with other 100 Greek Cypriot Women, had demonstrated at a School located in the Buffer Zone, (against Turkish Military Occupation, for the truth to be found on "MISSING" persons, and to support Refugees), the same Year that in Germany the infamous Berlin Wall had fallen : 1989.
This makes it even more clear that what is common in all these 3 Cyprus' cases chosen this week by ECHR is that they all refer to Turkish brutal atrocities repeatedly committed at the "Buffer Zone" which still divides Cyprus, and where a scandalously total Impunity of killers persists until now (2009), while, on the contrary, the new German Government prepares a PanEuropean and Trans-Atlantic Summit to celebrate 20 Years since Berlin Wall's fall...
Merkel chose Strasbourg's neighbour, Oettinger, as new EU Commissioner 2009-2014
German Chancellor Angie Merkel chose on Saturday to nominate as new EU Commissioner for 2009-2014 Strasbourg's neighbour, the Prime Minister of nearby Regional State (Länder) of Baden-Wurttemberg, Gunther Oettinger from Stuttgart, who is also a specialist on Media policy, with an interest for On-line NewsMedia as "EuroFora".
The move came shortly after Merkel confirmed that her new Foreign Minister will also come from Strasbourg-linked city, via Rhine river, Koeln, thanks to Liberal Party FPD's leader, her partner in the new-coalition, Guido Westerwelle.
Westerwelle has started his career at FDP's leadership initially as Secretary General when Germany's foreign minister was Klaus Kinkel, who often made Press Conferences at Strasbourg's European Press Center in : As, fex. in 1997, when he had already stressed, in reply to Strasbourg Journalists' question including "EuroFora"'s founder, that "Europe needs an Industrial response" to Boeing-Lokheed a.o. US High-Tech conglomerates, also in order to develop its Defence and Security policy in the World.
Merkel reportedly "surprised" Oettinger by proposing him the Top EU job just before the conclusion of the new Coalistion talks, and she was "happy" that he accepted, expressing her belief that "he will become a heavy-weight" in the New EU Commission.
Speaking afterwards, Oettinger stresed that he sees himself not only as a a defender of Germany's interests "in Brussels and Strasbourg", but also "as serving the European Idea".
If he's confirmed by EU Parliament, he would like to serve in the new EU Commission at "a task related to Economy", he said.
Oettinger has often visited Strasbourg and its surroundings, particularly on common Franco-German projects, such as the creation of a tri-national Metropolitan Region at "Ober-rhein" area, the development of Renewable Energy sources, etc.
Pointing at the importance of Research, Education and Innovation, Oettinger had recently stressed that if Europe "networked its Institutes and Labos", it could "become as strong as" the USA. (F.ex. the Ober-rhein Metropolitan region, "from Karlsruhe to Bale", could "become as strong as Boston").
Resuming in 2009 more than 8 Years of experience as head of CDU's policy on Media (1999-2007), Oettinger stressed, on issues of interest for "EuroFora" and other projects that, today, "Internet Media" are in the process of "winning an increasing influence on the (public) opinion".
But he warned also against the risk for some "Search Engines" to "threaten Pluralism" "in the area of Electronic Media" : "F.ex.", "they don't reflect an objective search result, if it depends on factors which don't guarantee the visibility of certain contents, or allows exclusions".
"However", visibility and "detectableness ...is ..an essential prerequisite for Pluralism in a Digitalized World", he observed.
Oettinger also pleaded for "more transparent" and "foreseeable" decisions of Public bodies taking decisions which affect Medias' freedoms, in order to help "emege a higher level of investment security".
MEPs, Sarkozy and Berlusconi ask EU Borders action on illegal migration : Turkey worse than Libya ?
The need for imminent EU Council's decisions to protect Europe from massive illegal immigration traffickers mainly accross EU's Southern Maritime Borders, guarded by FRONTEX, and in particular to convince 3rd Countries as Turkey to respect their obligations, was strongly stressed, after EU Parliament's debates this week in Strasbourg, also by French President Sarkozy and Italian Prime Minister Berlusconi, in a joint move on Friday.
Astonishingly, facts debated by MEPs, EU Council and Commission, and cited by the Italian and French leaders, reveal that the EU-candidate and EU- funded Turkey behaves worse than ..Libya !
Europe, contrary to the US, being surrounded by other 2 nearby larger Contintents, Africa and Asia, often with easy to cross Maritime External Borders, particularly from the South/East, the main focus is on the Mediterranean :
Thus, the heads of the 2 bigger Mediterranean countries, French President Sarkozy and Italian Prime Minister Berlusconi, in a joint Letter to EU Council's chair Swedish Prime Minister Reinfeldt, and EU Commission's President Barroso, stressed the need for "the next EU Council... to decide immediately" on the matter.
- "A considerable challenge for EU and all its member states, on Humanitarian, Political and Social grounds, is Illegal Immigration", which "exerts an unprecedented pressure on EU's Exiernal Borders, in particularly in the Mediterranean", they stress from the outset
- That's why, "Mediterranean is an important Test for the credibility of the European activities", as well as "for the application of the EU pact on immigration and asylum" already decided in 2008.
- "Solidarity among EU Member States should not remain only words, but should go towards a real burden-sharing", they note.
The "clear political message to revitalise Europe's commitment against illegal migration in the Mediterranean", launched by "EU Council of June" 2009, "must now have a concrete and ambitious follow up", they observe.
Paradoxicaly, while one of the "clear and detailed Political Orientations" which "must be decided without delay", is the obligation of "3rd countries of origin to cooperate" in order to "struggle against illegal immigration at the Sea", nevertheless, a non-candidate, and non EU - funded 3rd Country as Libya had its illegal migration flow "recently reduced", while, on the contrary, EU candidate and EU-funded Turkey "has still to make similar efforts" !
Thus, Libya only needs to "consolidate" its recent moves by concluding an agreement with the EU, (with the help also of International organizations providing protection whenever due)? But, on the contrary, "Turkey is 1st to have to assume its Responsibilities, mainly on Borders control and on Readmission", the French and Italian leaders stress.
What is needed is "a real mobilization of Countries of origin, transit and destination, ..across the main migration roads, focusing on prevention and struggling against illegal migration networks" or trafficking of human beings.
The other key points are : - "Maritime operations in the Mediterranean" with "a clear commitment" to "intercept and return back", while"respecting International obligations". "Specialized Offices for Frontex" "created wherever needed", for "monitoring and checks" to act "on the spot". "Common operations of Airflights for return at an EU level". The creation of an "Erasmus" program for "Border Guards", "in order to help emerge .. a real professional community Europe-wide".
The French and Italian concerns are largely shared also in Greece and Cyprus, while EU Council and Commission are already "aware", showed EU Parliament's debates, earlier this week in Strasbourg :
Even .. "harassment by Turkey of Aircraft operated by the EU Agency for External Border Security (FRONTEX), was denounced by MEP Nicolaos Houdis, in a written question to the Swedish EU Presidency, debated during EU Parliament's plenary in Strasbourg.
- "Since May 2009, 6 incidents have been recorded in which aircraft operated by the EU agency for External Border security (Frontex) have been subjected to harassment, either by Turkish Aircraft or through Radio communications", observed the MEP.
F.ex. "on .. September ..a Frontex Helicopter flown by ..Latvian pilots ..en route from the island of Kos to Samos, ..received radio interference from a Turkish radar ..demanding that it withdraw from the area !", he noted, asking the EU "what measures it will it take vis a vis Turkey ?".
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- "EU Councll is aware of these incidents", replied EU Chaiwoman in office, Swedish EU Minister Cecilia Malmstrom, and "says to Turkey that as a candidate country, they have to share Europe's values".
- "Frontex's turbo Airplanes" are part of its "common operations" which "are important contributions to the protection of EU's External air Borders", she observed.
- "Borders depend from International Legal Treaties", and "EU has urged Turkey to strive for better neighborhood relations".
Fex. "Poseidon 2009 operations" by Frontex, taking place in Greece", "focus on preventing illegal crossing of borders by individuals who come from, or transit through Turkey and North-African countries, trying to reach the Greek coasts". This "includes, of course, also the use or technical means in EU's Airspace along the Greek islands' Border", and "Turkey was informed", EU Chairwoman noted.
- Thus, "EU urged Turkey to avoid all kinds of Threats, provocation of Conflicts, or measures which can damage the positive climate and the possibilities that conflicts find a peaceful solution", while "we (EU) systematically remind Turkey that it must have Good Neighborhoud Relations", fex. on May and July 2009, Malmstrom stressed.
Currently, Turkey is negotiating about "methods for working" eventually with Frontex, she added, but without elucidating what kind of "methods" Ankara asks..
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Moreover, "EU Commission is aware" of "a particularly grave problem" of "illegal immigration in Cyprus" where "a large number of 3rd countries' citizens illegaly cross the "Green Line"" from the territories occupied by Ankara's Army, a reply given to a written MEP question stressed this week.
But controversial EU Commisioner on Enlargement, Oli Rehn, was criticized by Cyprus' MEP Antigoni Pericleus-Papadopulu, for "not even intending to exert pressure on Turkey" (fex. by "threatening an eventual suspension, even partial, of accession negotiations, if Ankara still fails to comply with its obligations", as she said), but, on the contrary, limiting himself only into .. "studying" ways to "help Turkey's efforts" (sic) "by augmenting EU Funds to Turkey, via pre-Accession Aid" even more !
Rehn appeared satisfied merely by the fact that "EU Commission's envoys visited Turkey on September 2009" in order to "incite the Turkish authorities to make greater efforts to face illegal migration", resulting only in Ankara's acceptance to "re-start again negotiations on re-admission", and to promisse to "accelerate negotiations for an agreement on cooperation with Frontex"...
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EU Cohesion+Agriculture at risk by Financial perspectives draft: Lamassoure reminds Barroso promisse
As President of EU Parliament Committee on Budgets, Alain Lamassoure's sources confirmed to "EuroFora", the experienced MEP, former Minister for EU affairs, was astonished to find out that crucial strategic choices for EU's Future, resulting from EU's multi-annual Financial Perspectives, were leaked to the Press even before the out-going EU Commission had informed the European Parliament :
Their content was denounced as "provocative", "explosive", and "unacceptable for many", by Lamassoure, mainly because of proposals to drastically cut even more the EU Funds for Agriculture, Regional and Social Cohesion, etc.
The draft concerns EU Funds for the period starting from 2014, that have to be decided between 2009 and 2011 at the latest, and corresponds to a date considered to be as crucial also for controversial Turkey's EU accession bid, which would notoriously affect EU's Cohesion, Agriculture and Regional policies, as well as EU investments in High Tech., at variance with the country's less developed economy.
Agriculture was already reduced in EU's 2006 agreement, and is due to fall from 61% in 1988 to only 32% of EU's Budget until 2013. But the out-going EU Commission's draft reportedly asks for even more drastic cuts from 2014. This risks to inevitably affect agricultural investments made on the basis of 3 or 5 years previsions, contrary to recent developments in World Food Market prices, which have shown that Europe's Food Security and Autonomy is at stake, as Joseph Daul, Head of EU Parliament's largest Group of MEPs (ChristianDemocrats/EPP) has stressed to Strasbourg Journalists, including "EuroFora".
Cohesion funds are another important point, particularly after even Washington-based IMF's Expert for Europe Allessandro Leipold's early warning, in reply to "EuroFora"s questions during the European Central Bank's 10th Anniversary's Summit at nearby Frankfurt (2007), that one of the main issues that Europe must tackle is to overcome growing gaps of development and ensure the overal Cohesion of the European Economy.
- "Change EU's Budgetary, and, thus, Political Priorities, is not a matter of simle everyday business", and "looks inappropriate for an out-going Commission and for a mid-term review of an agreement signed in 2006", Lamassoure denounced.
On the contrary, it's "on the basis of proposals by a (new) EU Commission, having full Legitimity, strong of a 5-Year mandate, and ready to engage its Political Responsibility (vis a vis EU Parliament and Council) on initiatives of such importance", that "EU Parliament's Budgets Committee will be ready for a Debate", he stressed.
- "Therefore, it's urgent that the EU Commission's President (Barroso) fixes his Timetable on the financial proposals he intends to present", making it clear whether he speaks "on behalf of the out-going Commission (2004-2009), or on behalf of the New Commission" (2009-2014), Lamassoure concluded.
Leaking drafts to test reactions is not unusual in Brussels, at least as long as EU Commission lacks any other way for a srtuctured democratic dialogue. An "official" draft is due to be formally presented by EU Commission to EU Parliament on mid-November.
What is exceptional now, is that the move reveals a risk to jeopardize one of the main concrete promisses made by EU Commission's President Barroso to EU Council and Parliament in order to get re-elected, amidst MEPs' controversies, on September 2009 before Lisbon Treaty enters into force :
- That he will care for EU's need to have a strong Agriculture and food security and autonomy, as he wrote in a Letter in reply to French President Sarkozy and German Chancellor Merkel's joint call for Barroros to present "a Program" before deciding on his candidature (See July 2009's "EuroFora"'s publication).
This pre-electoral promisse was apparently reminded directly to Barroso himself by Lamassoure, when he met him in Strasbourg on the sidelines of an innovative "Questions' Hour" between MEPs and EU Commission's Chair, inaugurated this week by new EU Parliament's President Buzek. (See Photo).
Speculations and controversies are still going on about whether the forthcoming entry into force of Lisbon Treaty might necessitate not only the election of a new EU Commission as a whole, but also a ..re-election by EU Parliament of the New EU Commission's President, in a fresh vote, according to new rules on its composition (number, national repartition of MEPs, etc).
The move came while the Agricultural world is already upset and nervous, making EU decide also 300 million € to avoid a collapse of Milk producers throughout 27 EU Member States, at the same moment that more than the double : 653 million € are given to Turkey alone only in 2009, to be followed by ..more than 936 million € in 2013, (according to the outgoing EU Commission's draft), while its eventual entry into the EU from 2014 would cost more than 2 Billions, strongly aggravating also gaps between different levels of development to the detriment of EU's cohesion. A sum of money which risks, moreover, to be engulfed by Turkey's galoping Corruption which usurpates more than 3,8 Billion $ each year, (i.e. 55 $ per inhabitant annually), as denounced recently to in Strasbourg's journalists including "EuroFora" the President of CoE's PanEuropean anti-Corruption watchdog, known as GRECO Committee, Dragos KOS from Slovenia, (See earlier NewsReports).
Huge contradictions, due to aggravate in 2011 when most EU Governments would need to make Economies to invest for the after-Crisis' era, that obviously only a New EU Commission, holding a strong Political mandate emanating from the latest June 2009 EU Elections through an EU Parliament's votes could seriously tackle in a democratically legitimate way.
The last EU Summit which had focused on EU's financial perspectives, back in Brussels on June 2005, had been held amidst an exceptional tension, and resulted into postponing part of the hard choices to be made later on, at a "Mid-Term Review", a concession made to former Brittish Prime Minister Blair.
Experienced former EU Parliament Budget Committee's President, German MEP Samland, had concluded his career by stressing to Strasbourg's journalists, including "EuroFora", that : - "In the EU, all that counts are Funds. The rest is only Hot Air !"...
Until EU eventually develops a sufficient Political and/or Security/Defence structure, it is, inded, only its Financial choices which reveal and reflect its Political choices.
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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 ?
- "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.
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.