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Home arrow newsitems arrow ECHR President Raimondi to EF: a complaint by Savchenko (Ukraine) would be examined very seriously

ECHR President Raimondi to EF: a complaint by Savchenko (Ukraine) would be examined very seriously

Written by ACM
Thursday, 24 January 2019
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*Strasbourg/ECHR/Angelo Marcopolo/- ECHR President was replying to an Eurofora question on the long imprisonement of former Ukranian national hero Nadija Savchenko, suddenly accused to plot a violent attack against Kiev s regime, just after she announced a "hot" testimony on the deadly Snipers issue, which had notoriously triggered the February 2014 violent clashes that started the Ukranian conflict, topling a Peace Agreement signed under EU auspices, while former ECHR President sir Nicolas Bratza had concluded that undue obstacles hindered investigations necessary in order to find the truth.
 
 
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Savchenko, after spending also 2 years in Russian prisons for a previous affair, had reportedly also dealt with exchange of prisoners in Eastern Ukraine (Donbas), Missing people, Direct Talks between Kiev and the pro-Autonomy Regions, as well as Peace, (even at the expense of Crimea's "reunification" back to Russia after Referendum), and had the intention to become a candidate for the Presidential Elections of late March 2019. 
 
The Latest in a long series of Hunger Strikes in Prison, on December 2018, had reportedly led her to a Hospital for an Operation, and affected her Health, to the point to become physically unable to attend a Court's hearing, (See also: http://www.eurofora.net/newsflashes/news/coeandrussiain2019.html, etc).
 
 
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 -  ECHR President Raimondi, replying to "Eurofora"s Question, said that, even if, personal, he "wasn't (yet) aware of a (registered) case concerning the situation that you described", until now, nevertheless, "It's obvious, that an (eventual) application reflecting such a situation (as we described it : Comp. Supra) would be examined by the Court with the outmost attention. There is No Doubt about it !", he ensured.
 
 
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He was speaking at the Annual, 2019 Press Conference of the ECHR, earlier this Thursday Morning, and shortly before an important Public Hearing, by ECHR's Great Chamber, on the 1st Inter-State case of Ukraine against Russia, reportedly scheduled in Strasbourg for the Beginning of February.
 
 
 
(../..)


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(NDLR : Fast Translation from the Original, mostly in French.
 
"DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, may be Published asap).
 
 
 
 
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

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PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

vries

Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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