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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

*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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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).
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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.

















