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Home arrow newsitems arrow CoE Statistics: Turkey= Longest+Most Failures to apply ECHR Judgements +Worst+Growing New Violations

CoE Statistics: Turkey= Longest+Most Failures to apply ECHR Judgements +Worst+Growing New Violations

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Written by ACM
Wednesday, 10 April 2013
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*Strasbourg/- According to the latest official Statistics on the implementation of ECHR's judgements, published today by CoE's Committee of Ministers, Turkey holds the PanEuropean Record for the Longest Failures to Comply with ECHR's judgements, with the most cases of Serious Human Rights' Violations, and, moreover, it's also the No 1 origin of the Highest and Growing Number of "New" Condemnations by EuroJudges even on 2012, despite an unprecedented effort by CoE's officials to rapidly Settle pending cases with various, even unorthodox ways, recently...


To put it in a nutshell, converging Facts reveal that Ankara not only remains still the most important "Classical" Problem of serious Human Rights' Violations among CoE's 48 Member States, but it's even becoming a Growing Concern for the Present and the foreseeable Future, as far as ECHR judgements' disrespect is concerned.

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    * In particular, Turkey still has the Greatest (and Growing) Number of important "Leading" cases still "Pending" for execution under the supervision of CoE's Committee of Ministers : 178 such cases in 2012, followed by Russia, Bulgaria and Ukraine (with 157, 108 and 106 respectively), Romania, Poland and Moldova (88, 76, and 70, respectively), Italy, Greece, Croatia, France and Serbia (62, 59, 46, 42 and 34 each), Azerbaidjan, Hungary and Latvia, FYROM  (25, 24 each, 21, respectively),  etc., the Lowest number being that of Denmark, Lichtenstein and Monaco : "0" = Zero.   

 

    * But the Worst is that Turkey also has (by far) the Longest Delays and Failures to comply with ECHR's Judgements, even for .. "More than 5 Years", with 54 such Cases in 2011 and even more : ..71  in 2012, (compared to 26 and 49 for Russia, 31 and 33 for Italy, 20 and 28 for Romania, 15 and 27 for Poland, 15 and 20 for Greece,  11 and 21 for Moldova, 6 and 10 for Croatia, etc), COE's official Statistics revealed on April 2013.  

 

    * At the same time, instead of diminishing, this Turkish Problem is, on the contrary, currently Growing :

Indeed, it's also Ankara which holds a Record High Total of "New" cases of Condemnations by ECHR entering for execution in CoE's Ministerial Committee's monitoring machinery in 2012, with ...244 such "fresh" cases, which will keep it busy in the foreseeable Future.


Follows (from a Long Distance) Poland, Russia and Ukraine, with Totals of 145, 125 and 114 such "New" cases in 2012, respectively, and afterwards Romania, Hungary, Bulgaria, Greece and Serbia, FYROM, Italy and Portugal (77, 75, 62, 56 each, 52, 49, 31), etc., the Less coming from Switzerland, the Netherlands, Belgium and Georgia, Estonia, Lithuabia and Albania,  Sweden, Ireland, Luxembourg, Ireland,  Iceland and San Marino, Andorra, Cyprus and Lichtenstein,  (with only 6 New cases each, 5 each, 4, 3,  2 each,  1, 0 each, respectively).
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    * Most worrying : the main Characteristics of Turkish cases still concern particularly Serious Violations of Human Rights, such as f.ex. "ill treatment by the Police and Gendarmerie" with Impunity of Torturers aggravated by  "Ineffective Investigations", Arbitrary and long Deprivations of Liberty with "Detentions" of "Excessive Length" and/or after "Unfair .. proceedings", "Unjustified Interferences" against "Freedom of Expression", ("notably" as grave as "Criminal Convictions" inflicted to the Victims), etc.


    Such "pending" Turkish cases constitute the greatest Number of so Serious violations among "Main Cases .. before (CoE's) Committee of Ministers (placed) under Enhanced procedure" because of "Structural or Complex Problems.. identified by the ECHR In its Judgements ", which are "considered Important, in particular in view of their Potential to Generate Repetitive Cases" of Violations, "or" due to the "Lack of Global Solution of the Underlying Problem", according to the locacious terminology of CoE's 2013 Report.


      F.ex. Turkey still has more than 85 pending cases of "ill Treatment by Police/Gendarmerie", compared to 51 for Russia, 26 for Bulgaria, 25 for Ukraine, 24 for Romania, 18 for Moldova, 7 in Poland, 3 for Georgia and Azerbaidjan, (etc.) in similar issues.


    + Such serious Risks are obviously aggravated in the case of Turkey given the fact that Ankara is still facing also ...166 pending Condemnations by the ECHR for "Excessive Length of Detention on Remand" together with "Unfair .. Criminal Proceedings", while similar issues might be find in Russia among a part of a group of 71 cases, or possibly amidst 29 cases of "Different Violations related to Detention on Remand" in Ukraine, eventually in Germany with just 13 cases (of "unjustified extension of preventive Detentions"), 1 in Bulgaria, etc.


     Ankara is even Alone, among CoE's 48 Countries, to still have a Group of 100 Condemnations for "Unjustified Interference with Freedom of Expression, owing notably to Criminal Convictions" of the Victims, (mostly Journalists, Politicians, Trade Unionists, etc), that ECHR and/or COE's Ministerial Committee "identified" as "Main Cases" of "Structural or Complex Problems .. considered Important, ... in view of their Potential to Generate Repetitive cases" of such Violations, "or because of the Lack of a global Solution to the substantive Problem", (comp. Supra).
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    + The Real Dimension of the Problem should be even more Important, if one considers also the fact that all this stands Despite ECHR's recent efforts to "Expedite" the "processing of Repetitive cases", (i.e. those concerning  repeated Violations of Human Rights, by Persisting Failures to comply with previous Condemnations by the ECHR), benefit mainly Turkey, much more than others :


With almost a Hundred of cases settled in 2012 through a new procedure of so-called "Friendly Settlements" by "a simple Decision" of ECHR's Secretariat (sometimes even on cases of Torture, as f.ex. in a famous affair of the Past related to a Dissident Refugee in Denmark, or even Murders, etc), Ankara was second only to Poland (98 and 111 cases respectively) in being recently allowed to "Close" the greatest number of Pending cases of Human Rights' Violations by benefiting of a controversial New "Protocol 14" more "Expeditive" process, (which had notoriously attracted in the Past various Criticisms from International Human Rights' Organizations).


In comparison, the Biggest COE's Member State : Russia, hasn't yet benefited from this overSimplified Procedure but only in ... 5 cases closed by "Friendly Settlements", while Turkey is followed, from far away, by Hungary, FYROM and Serbia (with 53, 46 and 47 "Friendly Settlements" on 2012), Ukraine (35 "Friendly Settlements"), Croatia, Italy and Romania (18 and 17 cases each, respectively), Moldova (14),  the Slovak Republic  and Finland (9 and 8), etc. As for Big Western EU Countries as the UK, Germany and France, or Spain, they have only used that in just ..5, ..2 each, and ..0 (zero) cases, respectively !
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    These notes obviously don't even mention the well known cases of Hundreds of Thousands of Refugees/Displaced Persons from the Occupied Territories of Cyprus still controlled by Ankara's Foreign Invasion Army, still hindered to Return to their Ancestral Land, not even to Restore their Family Homes and Private Properties, illegaly usurpated since 1974 according to ECHR's case-law since 1996, 2001 and 2009, 2010, 2012, etc., nor even to the Thousands of still "Missing" Greek Cypriot People who "Disappeared" since the 1974 Turkish Military Invasion, without anyone ever being found and punished among those Responsible for their Enforced Disappearance, as ECHR's well-established case-law requires, (at the difference of what is happening until recently in other cases of "Missing" Persons dating from the 1970ies, even in Latin America (f.ex. Argentina, etc).
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    CoE has recently decided to start exerting more Pressure in order to solve, at last, such long-standing and sometimes even growing, (as shows also the particular case of Turkey : See Facts cited Supra) Problem of Non-Execution of ECHR's Judgements, according to High-Level Decisions taken officially at the latest relevant Ministerial meeting in Brighton (UK), and this is also part of a (much Wider) Protocol No 15 to the PanEuropean Convention of Human Rights, that COE's Parliamentary Assembly has scheduled to debate in Public later this Month in Strasbourg during its April 2013 Plenary Session.

(.../...)

***

(NDLR : "DraftNews", as already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate and full Final Version may be published asap).

***

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Sarkozy and Merkel : June 2009 solution to May 2005 "NO" ?

 - Will French President Nicolas Sarkozy and German Chancellor Angie Merkel live up from June 2009 to their obvious Historic European mission to revitalize, and re-launch the "European Dream", after the series of 3 "NO" since May 2005 in France, the Netherlands and Ireland, by renewing, and changing the EU with fresh stimulus, big horizons, and values attractive for EU Citizens ?

Whatever views anyone might have, it's a Fact that, recently, EU's political spectrum didn't produce other more charismatic and popular EU leaders than Merkel and Sarkozy, starting from September 2005 and May 2007, respectively.

This trend was confirmed, in one way or another, both during the German EU presidency in 2007 (shared by Merkel with the SPD), and mainly during the French EU Presidency in 2008, (with Sarkozy "free" to move).


The positive 2009 EU Polls are a natural consequence :

- Both with 72% Sarkozy and Merkel are considered by EU Citizens to be "the most Influential" leaders in Europe, by far.

- They are the only EU political leaders to attract a Majority of "Positive" views by EU Citizens, (Merkel over 60%, Sarkozy over 50%, particularly in the continent).

- 60% of EU Citizens find the 2008 French EU Presidency "Good", (and the satisfaction grows up to 67,5% in continental Europe).

The Poll was made by "OpinionWay" in big EU countries as Germany, Italy, Spain and the UK, (with the only exception of France), from 26 to 28 May 2009.

sarkozy_merkel_polls_400

But the most important is that both Franco-German leaders seem willing to, at last, really start serious business on EU's indispensable renovation and Renaissance from 2009 : Year of crucial EU and German Elections.

Therefore, this time, the joint European move by Sarkozy and Merkel, which just published a common Franco-German Manifesto, aims to stimulate aspirations and action not only in their respective countries, but also in many other EU "partners", as they say.

Both on EU economy, social values and scientifico-technologic research, as well as on Turkey's controversial EU bid, obviously incompatible with a popular Political Europe, whose Citizens can find a collective Identity and popular Values, they have already started to magnetize various growing voices accross the European landscape :

"Today, more than ever, it' time for action", they stress from the outset.

Facing "an unprecedented Global financial and economic Crisis", "Europeans must get resolutely involved if they want for the World which is being built to meet their Values of Liberty, Solidarity and Justice".

"That's what we want" and "propose to our Partners" :

* "A strong Europe, able to protect us" :

- "We refuse a Bureaucratic EU, which mecanically applies burdensome rules and is afraid of change. We want a European Union which listens what Citizens have to say, which innovates, stimulates".

- "We want a strong and united EU in the World, while also respecting its Member States' Diversity", which "brings Courageous Replies to the Questions of our Times, ensuring our Prosperity :  

This implies to "favor Research and Innovation", "Economic Coordination", to "develop real Policies on Immigrationn, Energy, Defence, and modernise  common policies, particularly Agriculture".

*  "EU must bring immediate replies to the Global Crisis".

- "Lawless liberalism failed". "The Model we want is that of a Responsible Market Economy, which favors Enterpreneurs and Workers, above Speculators ;  Long-term Investment, over immediate profiits".

- "We appeal upon the EU to take, from June, the first decisions to ensure a real European Regulation of Financial Markets, based on coordination and cooperation". "On speculative funds, on fiscal heavens, CEO's and financial operators' earnings, EU must give the example".

- "We call to change the rules of accounts, which are important for our Economy's revival : The competent normative authorities must take action". "The issue of a sufficient Credit offer is of central importance for our Economy". "We don't accept that, during this Financial Crisis, the European Banks' capacity to lend money might be unjustly reduced by Capital's requirements and accountant's rules

* "During the German and French Presidencies, EU has resoçlutely prepared itself for the fight against Global Warming... EU is the 1st and only area in the World to have adopted a package of ambitious and legally binding rules to comply with International Aims"

- "We have now to convince our Friends and Partners, to get involved, in order to atteint, next December at Copenhagen, a Global Agreement worthy of whay is at stake. Our closer ally, the US, but also other big industrial countries, must commit themselves with the same force as the Europeans".

"Green Growth is a Chance ... and an opportunity to create jobs turned towards the Future. Europe must be a leader".

- But, at the same time, we must ensure that our companies remain competitive in the World. The ambitious European involvements on Climat must not lead into a position where EU industry might become a Victim of Unfair Competition. Climat protection and Competitvity must go together. If our International partners refuse to associate themselves to our efforts, we are determined to take measures to protect European Industry"

* "Europe must be more ambitious for its Industry" : "It must favor the emergence of strong European enterprises at a Global level".

- "As long as an International mechanism" to "monitor Public Aids at WTO level, and hinder 3rd Countries to give abusive subsidies to their enterprises, provoking unfair competition", is "not yet set up, we must consider Transitory European Solutions".

* "The current Public Debt is too heavy... We must head anew towards sound public finance, as soon as we'd have passed the crucial stage in this crisis".
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* Last, but not least :  "Europe must play a top-level role in the World"

- "For that purpose,  it needs efficient Institutions. That's why we need Lisbon Treaty". "The 27 Member States decided, last December (2008) that the Treaty should enter into force before the end of this year (2009)". To obtain that, June EU Council must agree "on the Guarantees for Ireland".

- But, "to be able to act, EU needs Borders. An Enlargment without Limits is not possible", Sarkozy and Merkel stressed in an obvious reference to Turkey, etc.

- "In order to be strong, Europe must assume its Values and its Identity". "Human Rights .. are at the basis of our commitment for a Peaceful Development accross the World".

- "For that purpose, we shall strengthen our common Defence and Security policy".
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* "We are ready to contribute to activate the EU towards the realisation of these aims, with our EU Partners".

"In order to succeed", Europe  "needs the active involvment of all, starting by Citizens themselves. That's why the June 7 rendez-vous is important", and "we are calling all Europeans to vote".

"We are convinced that, if Europe wants, Europe can", they conclude.
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Precisely : - What can better forge "Europe's Will" than a "European Consciousness" emerging from political, democratic struggles to face Global Challenges, and open big New Horizons, including by crystal-clear Public Debates, with active EU Citizens' involvement, before the most important EU Decisions affecting People's lives ?

Precisely what "EuroFora"s project warns since 1997-2007, and unprecedented Majority Abstentions, since 1999-2004, added to 3 "NO" to EU Referenda in 2005 and 2007, proved meanwhile..

Let's hope that the Time wasted by some scandalous anti-European and anti-Democratic obstacles of the Past, will stimulate faster, simplified but substantial and persistent, efficient action.-

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 ?

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