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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

Автор ACM
Среда, 10 Апрель 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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    Scientific innovation joined to Faith for Human Rights, Eastern Partnership and fight against the Crisis, but above all, the need to overcome the "Crisis of Trust" from EU Citizens, are the main priorities for new EU Parliament's President, Polish Jerzy Buzek, that a 555-votes-strong majority of MEPs on July 14,  Strasbourg made a living symbol of the fact that, 20 years after the fall of Berlin Wall (1989 - 2009) there is no more an Eastern or Western Europe, but only one Europe, as the head of the largest group of MEPs, ChristianDemocrats/EPP, Joseph Daul, stressed after the event.

    Speaking later to a group of Strasbourg's Journalists, including "EuroFora", the new EU Parliament's President clarified his stance on concrete topical issues, as f.ex. that of Turkey's controversial EU bid, which was one of the main issues of the June 2009 Electoral campain, clearly won by his party of ChristianDemocrats/EPP :  - "At present, Turkey does not fullfil none of EU conditions", he stressed, (See infra).

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    Buzek is well known in Strasbourg and to "EuroFora" as EU Rapporteur for the Framework Program of Scientific Research and Development of Technologies. A Natural Science Professor from the Historic and Religious landmark Polish City of Częstochowa, active in the famous Solidarnosk grass-roots social movement, he served 4 years as Prime Minister (1997-2001), before being elected as MEP in 2004 and 2009, after he brillantly won the latest EU Election at the head of his party (EPP) almost doubling the number of its MEPs from 15 to 28 !

    - "Innovation" and "Energy safety", as well as fight against the "Cimat change", but also "Eastern Partnership", the "Mediterranean", "Strategic partnerships" with Russia, the USA, etc, and the search for "solutions to the Economic Crisis" that EU Citizens "expect" from us, will be his "priorities", announced from the outset the new EU Parliament's President, reminding also that the quest for "Human and Civic Rights" played an important role in his experience with the Solidarnosc grass-roots social movement in Poland's History

    But, the most important of all, is the urgent need to overcome the "Crisis of Trust" between EU Institutions and the People he stressed : - EU "Citizens often don't understand us", denounced Buzek, launcing a call to "do anything for EU Citizens to understand our work" in EU Parliament : "We (MEPs) need to make EU Citizens involved" in "what we are doing every week, in Strasbourg and Brussels", he proposed. Pointing f.ex. to the hot "Debates" with "strong arguments" exchanged between MEPs during the preparation of their Legislative Decisions, in Committees, delivering often hard struggles between initially opposed points of view, long before forging a majority at the final vote, sometimes more than a year..

    Therefore, EU Parliament will be "open to your criticism, for discussion and exchange of views", he promissed to Journalists in Strasbourg.

    In this way, Buzek, in fact, highlighted "EuroFora"s main idea, that we strongly advocate since 1997-2007, to systematicaly and actively involve EU Citizens in public debates during the decision-making process of important EU measures, which affect their lives and the society in which they live, (and not only just a few weeks each 4 or 5 Years at the eve of EU Elections)...
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    This is related also to the symbolic gift that Buzek chose to give to the out-going former EU Parliament's President, Hans Gert Poettering, (2007-2009), his collegue in the ChristianDemocrats/EPP, who brillantly won 2009 EU Elections in Germany : A genuine statute of sainte Barbara crafted in Silesia's black Coal by Polish Miners : Those simple but strong people who fought for social change against some technocrats and bureaucrats disguissed into so-called "real-socialists" of old times. (PHOTO).

    It's enough to have seen a popular open air mass, at Warsaw's center, with many thousands of people, old and young, simple workers and intellectuals mixed together, with references to Poland's history and struggles for survival and liberty, through various ages, (as fex. that organized at the eve of CoE's 2005 panEuropean Heads of State and Government for the beatification of late Pope John-Paul II), in order to understand what such symbols mean..

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    But, overcoming the "Crisis of Trust" with EU Citizens obviously implies also to rectify any errors done in the past, fex. on Turkey's controversial EU bid, with controversial decisions taken in 1999 and 2004 to give a "candidate" status and to start EU negotiations, provoking an unprecedented series of 3 "No" to EuroReferenda and 3 Majoriy Abstentions in EU Parliament Elections : 1999, 2005 and 2009, (even if the latest one succeeded to decelerate and almost stop the drop of participation rates, opening hopes for vote's revival after an electoral campaign clearly critical to Turkey's claims in several mainstream EU countries)
    
    Therefore, Buzek was faced with manifold critical Questions on EU Enlargement, most of them citting concrete examples of certain political problems  :  But his replies were almost always given as a matter of general principle :

    F.ex. Questioned on the suspension of EU - Croatia talks because of a Border conflict with EU Member Slovenia, Buzek prefered to speak about principles :

- "We know that during Enlargement, the process can be blocked by failure to resolve this kind of issues",  This concerns also other enlargments' cases", and "these rules are always in force" he warned.


But Buzek avoided to directly reply to a queston on "French and German EPP' calls to define the Borders of Europe", as a German journalist asked him by making a reference to French President Nicolas Sarkozy, and German Chancellor Angie Merkel's, critical statements on Turkey at the June 2009 Electoral campain.    

- "Concerning Enlargement, there's always the same rules : There have to be Criteria, which have to be respected if a Country wants to join the EU", he started to simply reply.

- "For my country (Poland) it took us 15 Years to fullfil these Criteria", Buzek reminded, indicating, if proportions are kept, that Turkey, fex. would have to spend some 25 years before eventually joining the EU..

- "Countries wishing to join the EU need to Change their Systems", as we (Poland and other former Eastern European Countries) did, he stressed.

- "'For me, meeting the condition of Human Rights is one of the Key conditions for membership in the EU", preferring again to speak from the point of view of General Principles, on the occasion of an untimely question on Serbia (which is not even a candidate yet)...

- "Turkey" has, "first of all", to fullfil (EU) Copenhagen criteria". Bevause, currently, none of them is fullfiled by Turkey", New EU Parliament's President, denounced, speaking later to a group of Journalists, including "EuroFora".

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In particular, on Human Rights :  - "We (EU) can never forget Human Rights", because "this is at the very Foundations of the EU", Buzek added.

On the contrary, when he referred to EU Enlargment for the  "Western Balkans Countries ", Buzek appeared upbeat, finding "promising situations", despite "difficulties" in the Past, since "Countries are queuing to become EU members", and this "generated changes", as he said.

As for Russia, Buzek observed that it was a "very important" country, located "in the same Continent", Europe,  "close to our borders", and "we need eachother". "But Russia' has 'differend poblems : "They claim that their system is Democratic, but rules are differend", and we must be "aware of such differencies", fex. "on Human Rights", that we can't ignore, as he said;

Concerning China, where a journalist observed that the recipient of EU Parliament's latest "Sakharov prize" for freedom of thought is "still in prison", Buzek found that since the 1999 events in Tien Amin square, "we see differencies on Human Rights still today", and expressed his "support" for those who try to ameliorate the situation.

On the contrary, speaking recently to "EuroFora" he strongly supported the idea for an EU - Ukraine cooperation, fex. between Airbus and Antonov, in order to build a  less costly but more performant than the old and problematic A400M, new Military Transport Airplane : - "They (Ukranian Antonov Company) can certainly do it. I'm sure they can. It's a good Idea, and I'd be glad if it was done", he told us. (See : http://www.eurofora.net/newsflashes/news/airbusantonov.html )


(../..)

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