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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

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.

(.../...)

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(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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  imag0838_400
 

   Renew Europe's Historic Legend with Parthenon's pure white marble at the eve of crucial 2009 EU Elections, was the ambition of an interesting Art Exhibition, with more topical Symbols than expected, organized by EU Parliament's 1st vice-President Rodi Kratsa-Tsagaropoulou and MEP Marie Panayotopoulos- Cassiotou, Chair of the Inter-group on Family policy, during March A session in Strasbourg.     

According to the Ancient Legend, God Zeus, charmed by young Girl Europe, was trasformed into a strong Bull with Wings, and when she tamed him with Human affection, they flew over the Sea to live together in a New Land with large, fertile landscapes.  


- "There, they saw the Continent with a "Large Front" ("Eureia -opse" in Greek => Eur-opse => Europe)", reminded the Sculptor, Mary Papaconstantinou, of the European Women Association, honored by awards in Paris, Athens and Strasbourg.

    Thus, Europe's Legend combines Symbols of Energy and Strength, with caring Human personality, to bring towards New, large Horizons :

    - "Modern Art for this Ancient Greek Legend here in Strasbourg reminds that Europe, placing Human dignity at its heart, always finds the strength to overcome any Crisis towards New achievements. And EU Parliament offers Citizens a chance to artfully interact", said MEP Panayotopoulos-Cassiotou.

 

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    Structured like some Rembrand's pictural sequences, Europe's sculptural exhibition forms a series of many statutes, sized and flat as a PC screen, representing many scenes inspired from the original Legend, "according to Moschos' text, a Writer of the 2nd century B.C.", said Sculptor Mary to "EuroFora".  

    Made by sparkling pure white Marble full of Symbols, they incite to think but also to act, as in front of a Book with half of its pages full of written text, but another half, free to write on white paper..

    While several EU politicians think that one of the most important characteristics of the 2009 EU Elections is that from their outcome may depend Europe's Identity and Future, Culture Minister of Greece, Antonis Samaras (a former MEP) send the message that, precisely, such modern Art linked to Historic legends may help "EU Citizens search the origins of Europe's Identity".

     - "The Legend says that they founded a New City, Thebes, and that reminds us that Europe is always a project of Invention and Creation", added EU Parliament's vice-President, Rodi Kratsa - Tsagaropoulou.

    Sculptor Mary Papaconstantinou said that she "tried for years to find the same White Marble from Penteli Mountain that was used by Praxitelis and all those who created Parthenon", symbol of Democracy and one of the 7 wonders of the World.

    - "By shaping this millenary Greek Marble to revive Europe's Ancien Legend with Modern Art, it reminds that Europe is a Hope for a better Future after Crisis, combining Energy for Development, with care for the Human person", said the sculptor's compatriot from Chios island, famous from French artist Delacroix's historic painting, MEP Panayotopoulos - Cassiotou.
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    She now lives with her Family close to Rhine river, at EU's heart, near Bonn, where had started to work for the first time on European issues the new EU Parliament's Secretary General, Klaus Welle :

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    By a symbolic coincidence, Europe's legend built anew with Parthenon's marble, marked for ever the beginning of young and energetic Welle's duties as new head of EU Parliament's administration, since he saluted the retiring, out-going S.G., the experienced Harold Rohmer, shortly afterwards, at another gathering on the same floor of Louise Weiss' superb building in Strasbourg...

    Organisers of both events said that it was a pure coincidence. People are free to believe them, or hope otherwise...


**********************

    They disagree in almost everything, except from one thing :

- EU Parliament's Art unites even opposed politicians in a common belief for Europe : Cyprus' example...


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Rarely united together, but posing for "EuroFora" with the statute of Europe and Zeus flying over the Sea, ChristianDemocrat/EPP's MEP Yannis Kasulides, a frontrunner Presidential candidate in 2008, former Foreign Minister and Government Spokesman, and EuroLeft's MEP Kyriakos Triantafylides, Chairman of EU - Palestinian Council delegation, from the governing party AKEL (new Left) of the elected President, disagree on almost everything, except from their common claim that Europe of the Ancient Legend, when she flew with God Zeus from Ancient Phynecia to the West, must have crossed the island of Cyprus !

Hard to prove the contrary, 3.000 years later...

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