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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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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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