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Accueil arrow newsitems arrow CoE SG Jagland+Human Rights Director Boillat to EF on Refugee/Migrants via Turkey:Solidarity+Control

CoE SG Jagland+Human Rights Director Boillat to EF on Refugee/Migrants via Turkey:Solidarity+Control

Ecrit par ACM
Wednesday, 13 January 2016
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*Strasbourg/CoE/Angelo Marcopolo/- Speaking to "Eurofora" at this Crucial moment, after the recent Findings on the Terrorist Attacks in France, and the Violent Aggressions in Germany and elsewhere in Europe,  CoE's Secretary General, Thornbjorn Jagland, and CoE's Human Rights' Director, Philippe Boillat, stressed in substance that EU Solidarity and Human Rights, added to adequate Controls and Rule of Law, is  needed for the Protection of all seriously affected People, as they observed after an Official Ceremony for the award of the Raul Wallenberg 2016 Prize to a Greek NGO Helping Refugees/Migrants at the key Lesvos' Island, near the Turkish Coassts, (the previous, 2014 Biannual Prize having been awarded to a Roma-Turk Film maker Lady working on disadvantaged Minorities : Comp. her Statements to "Eurofora" at : http://www.eurofora.net/newsflashes/news/coeprizewinnerromaofturkeywantsfilms.html ).

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-  Experienced PanEuropeab CoE's Secretary General, Thornbjorn Jagland, a former Prime Minister of Norway and Nobel Peace Prize Award Committee Head, who is the Only one to have succeeded to be Elected Twice in a row at CoE's Head job, replying to "Eurofora"s Questions, stressed mainly that "it's Important" for "European Solidarity .. to Continue", in full respect of Human Rights of all involved, (i.e both of Sylum Seekers/Migrants coming via Turkey and elsewhere, as well as of EU Citizens : Comp. Supra), while also understanding that some adequate Controls "may be" necessary, (also for the benefit of the Protection due to "Real Refugees" in priority), as he said, speaking for the 1st time on theses issues after the recent events.


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- "This obviously is an extremely complicated issue"., observed later-on from the outset, experienced CoE's General Director on Human Rights' and Legal affairs, Phiippe Boillat, from Switzerland, speaking to "Eurofora" on this same occasion.

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 - Because, Today, "after recent incidents in Germany, Sweden and Switzerland, we must avoid some attempts to exploit that and make an Amalgam between Refugees/Asylum Seekers/Immigrants and "Potential Criminals" he warned, at first.  So that "Immigrants, including those who might become afterwards Refugees, must not stop to be treated with Respect for the elementary Dignity of each Human Person, and in accordance with our Legal and Human Rights ' standards and values, concerning particularly the recognition of a Refugee status", etc.


-+ But "the Question is also raised, How to manage a proper Registration of so Many People who are arriving in such a Short laps of Time, given that Mass of Migrants which emerged by many Thousands each Day", (for the 1st Time in History, during the 2nd part of 2015, via Turkey), he acknowledged. However, "it's not up to the CoE, (but rather to the EU, UNO, etc), to deal in depth with that" practical problem. "We (CoE, i.e. as the PanEuropean Organisation for Human Rights, Democracy and Rule of Law, particularly since the 2005 Heads of State/Governments' Summit in Warsaw, Poland : Comp. "EuroFora" co-Founders' NewsReports from the spot, then Published at "TCWeekly", etc), "have the Duty mainly to Remind to all CoE and EU's Member States their Legal Commitments and Legaly Binding Obligations, especialy deriving from the European Convention of Human Rights, at any cawse, in all Circumstances, and (even) nonobstant the current Dramatic Situation ", he pointed out.


- However, "there is also a Real Problem, that we've all seen recently, f.ex. with the latest Paris' (Deadly Terrorist) Attacks, where some Terrorists had entered disguised among the Refugees", (i.e. at least 4 Kamikasi who reportedly infiltrated the EU from Trukey, through Greece,  with Fake Syrian Passports, etc), CoE's Legal and Human Rights' Director acknowledged. - "How could we Prevent such Problems ? Probably also with  Better Controls and Registration" of Asylum Seekers/Immigrants, "even if this seems easier to tell than to realize" in practice...  So that, in fact, it's "a Huge Effort which is needed, when one is Facing Thousands and Thousands, sometimes Tens of Thousands of Demands", Boillat Urged. Particularly in order "to Distinguish between those People who deserve a Protection of Refugees, and those Economic Immigrants, who might be Fair Lads ("des Braves Gens", in the original in French), "but don't meet the Conditions for a Political  Refugee status".  "All this, might look quite Simple in Theory, but, in fact, it faces several Difficulties when it comes to be realized in Practice", so that real and hard efforts are needed in order to succeed, he admitted on this Crucial, Today, point.


++ Concerning also the latest; unprecedented, Violent Mass Aggressions against many German Women, even Young Girls, (mostly Poor Girls living at the Suburbs or far-away Villages depending on Public Transports,, whose Human Dignity is naturaly also at stake), and the Cover-Up Scandal which notoriously marked this New Year Eve's Night, particularly in Koeln, but also in several Other Cities, CoE's Senior Official observed that, "Obviously, this is another Problem" : - "It's Not just because a Migrant is a Migrant, that Criminal Acts should be Tolerated and Accepted !", he clearly denounced. In Principle, "on that, any Migrant stands in Equal conditions with any (EU) Citizen", Boillat underlined. And "I was glad to see (German Chancellor) Mrs Merkel's reaction on this mater; where she reminded that a Criminal has always to be treated as a Criminal. Nobody has any Privileged status, under Pretext that he might be a Migrant, that's absolutely Clear", he concluded on this "Burning" issue which had a World-wide Press Impact.


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Meanwhile, concerning the Basic overall Principles,  the 2016 Winner of CoE's "Wallenberg" Prize, President of the Humanitarian Greek NGO "Aghalia" (i.e.  Embrace), Georgios Tyrikos-Ergas, (a UK University worker on Athropology, married with a young Lady from Mytilini, who survived his Friend and  co-Founder, Father Efstratios, after he passed away last September 2015), speaking to "EuroFora", prefered to Focus mainly on Europe's Humanistic Values since the Renaissance and Enlightnment eras, and, while understanding, naturaly, the necessity of adequate controls, particularly after the recent events, he appeared, however, much more concerned with the Need to Stop the War and bring Peace in Syria and other such relevant areas, from where most Refugees/Migrants come.


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+ Last, but not least, a Key-person on the spot, the Mayor of Lesvos/Mytilini, which is the main Greek Island facing and dealing (f.ex. by Ship Transports to mainland Greece, etc) with Mass Asylum Seekers/Migrants' wave from Turkey, Stavros Galinos, speaking later to "EuroFora", warned that, if nothing changes, as things stand now, (f.ex., with more than 2.000 Transported each Day, and about 5.000 remaining at the Island, etc), the situation obviously risks to become even more Difficult this Year (2016), unless EU adopts and implements a Plan similar to that which he has already contributed to present to Brussels, i.e., mainly, including Controls to be made inside Turkey, from where monitored departs for EU Countries could follow in a Better way.

 

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(NDLR : Includes alsos Fast Translations from the Originals in French or Greek)
 

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("DraftNews", as already send to "EuroFora"s Subscribers/Donors, earlier.  A more accurate, Full Final Version, might be Published asap).

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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 ?

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- "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.

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      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).
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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.
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    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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