European Court of Human Rights warns Oli Rehn not to miss key "details" in his 2009 Turkey report
Damning facts revealed today by the European Court of Human Rights in Strasbourg at the eve of EU Commissioner Oli Rehn's traditional TV-show tomorrow in Brussels on his 2009 Report on Turkey's stance vis a vis the conditions for EU negotiations, according to drafts leaked, clearly warn controversial Rehn that he risks to miss certain key "details", (according to rightist Le Pen's infamous formula for NAZI atrocities) :
F.ex. Persisting Impunity of Killers (apparently among Turkish State's agents) who "smashed the heads" of their kidnaped victims (including of 2 Women). Impunity of Torturers (even of Children !). Girl aged 11 atrociously amputated of a leg by explosions of landmines placed by Turkish soldiers where children were playing, without anyone ever punished among those responsible. People arrested, prosecuted and thown to Jail without a judgement for more than a Decade, while proceedings against them are "still pending" until today : 2009 ! Children prosecuted, arrested, tortured, condemned by Turkish courts for adults. Abuse of brutal force, torture and deprivation of liberty by Turkish Police to illegally suppress peaceful Demonstrations trying to alert the Public Opinion on the situation in Turkish Prisons where tragic events had occured. Grossly Unfair Trials, wihout even a lawyer's assistance, condeming people to many years of jail ; etc.
All these events took place after the controversial EU decisions to give Turkey a "candidate" status (1999) and to start negotiations (2004-2005), most of them still continuing until today (2009).
But, such facts, are obviously incompatible with EU's "Copenhagen criteria".
In particular ;
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Four persons, (including 2 Women), were illegally kidnapped, shot and killed, their "Heads smashed with Stones", while suspects benefited from total Impunity and "never appear before a court", not even those who were identified by eyewitnesses, and despite the obvious "possibility of (Turkish) Security forces' involvement in the killings", denounced by ECHR !However, in such kind of cases "the public interest in obtaining the prosecution and conviction of perpetrators is firmly recognised, particularly in the context of war crimes and crimes against humanity", EuroJudges observed. (Gasyak case)
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A small Girl aged only 11 was atrociously amputated from one leg after she stepped on a Landmine placed by Turkish soldiers in a field where children were playing. But noone among those responsible was ever identified nor punished for such "inhuman" acts which "amount to intentional use of lethal force", despite of the fact that in such cases "the only relevant remedy" was "criminal prosecution" which was never done, as denounced ECHR. (Alkin case).
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A Child aged 15 was atrociously tortured, because it participated in a demonstration, but its torturers scandalously obtained total Impunity in the Turkish Courts on 2008 (Akman case).
Same scandal with the refusal to prosecute the Turkish Policemen who tortured 2 Children aged 15 and 16, marked by wounds at their eyes, mouths, heads, etc., after abusing of "disproportionate" force to disperse a demonstration denouncing the situation in Turkish prisons, (Serkman cases).
While suspected Torturers of a young Woman were not even questioned by Turkish Authorities, and never appeared at a Court.. (Tunc cases).
Or they escaped from any sanction because it was time-barred by prescription, while their victim was condemned on the basis of alleged statements made under torture (Güvenilir case).
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People in Turkey can be held in Pre-trial detention "exceeding 11 years" : fex. 1997 - 2009, (even at the infamous "isolation" "F-type" prisons), for simple "suspicion of membership" to an organisation, without yet being found guilty by any court, since proceedings are "still pending" until today ! (Engin case),
Such scandalous facts are rather frequent in Turkey, as attest also other cases (where even a girl aged 19 vainly denounces that she was also "raped", fex. "Inan and others").
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- A young Woman was arrested and convicted to 12 Years in prison, on 2001 and 2004, without seing her Lawyer more than ..."5 minutes" ! (Tunc cases)
This seems to be a wide-spread and continuing violation in Turkey, since there are also many other victimes who "were denied the assistance of a Lawyer" while being held "in detention", before being condemned in grossly Unfair Trials, as, fex. also in the Dayanan, Demirkaya, Güvenilir and Gecgel cases.
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ECHR was also "astonished" by Turkish Authorities' eagerness to abuse of disproportionate force (wounding even children) and of heavy imprisonments just to stop ""in a few minutes" a peaceful demonstration, which did not represent any danger against the public order, by "a small group of persons who simply wished to alert the Public Opinion about an incident which had provoked strong reactions and debates nationwide", on an anniversary of the december 2000 deadly attack by Turkish gendarmes against hunger strikers protesting "isolation" F type jails (Serkan affair).
Similar violations of the Right to Demonstrate, were also found in other cases, where even "Criminal prosecution against Children" was added to the abuse of "not necessary" and "disproportionate" force by Turkish Police, followed by heavy condemnations (1,5 years of jail !), to crash an "initially peaceful" demonstration held "in a Park", with "no serious danger to the public order", by people who "wished to draw attention to ..the conditions of detention" and "protest against F type prisons", after "events which had occured in Bergama prison": Even if "demonstrators did not engage in acts of violence", however, Turkish "authorities intervened swiftly with considerable force in order to disperse them, thereby causing tensions to rise, followed by clashes", instead of showing the required "tolerance towards peaceful gatherings, if the freedom of assembly ..is not to be deprived of all substance", ECHR denounced. (Uzunget cases).
(Etc).
Meanwhile, CoE's Committee of Ministers, which will supervises ECHR judgements' implementation anew on early December 2009, has recently been seriously overloaded by growing numbers of hundreds of condemnations of Turkish Authorities by ECHR for various exceptionally grave violations, without any comparison to European countries, which are still pending for execution since the 1990ies, threatening to provoke a grave crisis inside the European mecanism for the protection of human rights.
- "The way that we treat today our Children is important in order to determine what kind of Europe we want to have in Future", stressed today CLRAE's President a.i., Dr. Jan Micalef at a ceremony for CoE's 60th Anniversary, where a key-note speaker on Children was nearby Stuttgart's Mayor, the ChristianDemocrat Dr. Wolfgang Schuster, Germany's delegate to EU's Committee for the Future of Europe :
A tool notoriously proposed by French President Sarkozy on 2007, in exchange of Lisbon Treaty, and accepted by all EU Heads of State/Government on 2008, in order to foster public debates also on the crucial issue whether the kind of Europe Citizens dream to have in Future, was, or not, compatible with Turkey's controversial EU bid.
A fitrsr reply is expected by the Committee's Report, "due for June 2010", as Schuster told "EuroFora".
But, meanwhile, Sarkozy has also proposed similar debates to EU Parliament, while European Citizens already expressed People's wish, not only during 4 Elections in France on 2007, but also at June 2009 EU Elections, as well as at September 2009 German Elections...
The new EU Parliament is due to start preparing its reaction to out-going EU Commissioner Rehn's 2009 Report on Turkey immediately afterwards, in view of a Public Debate and final vote early 2010 at a Strasbourg's plenary session.
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Before the end of 2009, France and Germany will take strong initiatives to open "new Horizons" needed by Europe and the World, going well beyond the current Crisis' management, anounced French President Nicolas Sarkozy and German Chancellor Angie Merkel, reassuring that both a judgement on Lisbon Treaty by nearby Karlsruhe German Federal Court, and the forthcoming National Elections in Germany would confirm their capacity to act.
They were replying to Press questions in Berlin, after key-regional elections on Sunday, where Merkel's ChristianDemocratic party kept everywhere a strong 1st and won the possibility to forge a New Majority with Liberals at the largest of 3 Landers : Saxony (4 millions inhabitants), while its main competitor, the Socialdemocrat party fell to unprecedented lows : Tackled by the small "Linke" (left) party in Saarland (1 million inhabitants), it became even smaller than it in Saxony and Thuringen (3 million inhabitants), where SPD arrived only third. While its usual partners, the "Greens" also fell down, contrary to CDU's new partners, the FDP Liberals, who go up.
- "At any case, at the end of the year (2009), if things go as scheduled, we shall take strong initiatives, showing that Europe needs a Franco-German axis, as well as the World, even if it never excludes other" countries to join, replied Sarkozy to a question if France and Germany will revive the "European dream", by "relauncing the EU motor" for the Future, with actions going further than the mere management of the global crisis, (as it was done fex. in the Past with the creation of the "Euro" Monetary zone, etc).
- "I am convinced that the Franco-German friendship must be constantly nourished by New Projects", he added."There are many areas of cooperation where we intend to take, very soon, some Franco-German initiatives, which will allow to open more Horizons" to the EU, Sarkozy stressed.
But if "we don't speak about that now, it's only in order to avoid interfering in important elections coming in Germany", he observed. However, "we have already started to consider the Future with the (German) Chancellor, and what we can do in order to honour our predecessors". "We are already speaking about that, and we are preparing things". "I am working very well together with Mrs Merkel, and I wish that it goes on", Sarkozy concluded.
- "It's important for EU's credibility that France and Germany advance forward together", stressed Merkel from the outset. "Don't worry about Germany's capacity to undertake initiatives" with France, she added. "France and Germany will be perfectly able to make proposals" for the EU.
- "After-crisis" plans must be prepared, meanwhile, with measures "advancing progressively", Merkel anounced. And, for the short term, we must deal also with EU Citizens' dismay since they feel that it's a Scandal for some in the Financial Markets to be paid with excessive "Bonuses", etc, she agreed with Sarkozy.
- "Abuses in financial markets must stop", stressed also Sarkozy. Backing Merkel's announcement that France and Germany call for an EU meeting to forge "a crystal-clear European position" in view of the G-14 Summit at Pittsburg, he warned that "everyone will have to undertake his responsibilities, in front of World's Public Opinion. particularly those who don't want to make the same effort of regulation as France and Germany".
Moreover, "Global Trade cannot be correctly dealt, without taking into account also Environmental and Social rules", Sarkozy added, referring to recently expressed positions against Unfair Competition via Environmental and/or Social Dumping, (See earlier "EuroFora"'s publications).
Such moves are obviously linked to the need to ensure at least an elementary respect for Human Rights by Third Countries, (f.ex. exploitation of Children's work, etc) in order to avoid, precisely, any such Social Dumping.
- "EU has Values, protecting Human Rights and Human Dignity", and "it cannot close its eyes" in front of grave violations, particularly "Torture and/or killings", added, indeed, Sarkozy.
Thus, "the time comes, where decisions must be taken". But, in case of "Sanctions", "all International opinion should be convinced of the need to take action", he observed.
Expressed on the occasion of recent developments in Iran, the same principles should logically apply also to other similar cases, including fex. that of Hundreds of ECHR judgements' condemning f;ex. Turkey for grave crimes, (as Torture, brutal Killings, Enforced "Disappearances", Destruction of Family Homes, harassments and oppressive violations of Freedom of Speech, etc).
Meanwhile, questioned on (EU Commission's chair) Barroso's bid to succeed himself for a second mandate, they both expressed a "wish" or a "feeling" that "EU Parliament"'s various political Groups might fix a date for decisions "during September". However, is he is endorsed before the entry into force of the Lisbon Treaty, it will be legally necessary to re-vote anew for a full term of office afterwards, according to EU Legal Experts, revealed recently in Strasbourg the experienced former President of EU Parliament's Constitutional Committee, German Socialist MEP Jo Leinen. And Germany will not vote for Lisbon Treaty's ratification but only "on September 8 and 18", revealed Merkel, ( i.e. after EU Parliament's plenary session in Strasbourg).
- Therefore, "for EU Commissioners' appointment, it's too early yet, because we must wait for the ratification of Lisbon Treaty" by all 27 EU Member countries, including naturally Ireland's Referendum on early October, said to "EuroFora" the influential President of EU Parliament's largest group of MEPs, Joseph Daul, expressing, however, the hope that a controversial deal with the head of the Socialist Group of MEPs, Martin Schultz of Germany, might hold for Barroso alone, at a forthcoming vote due to fix the Strasbourg plenary's Agenda.
But MEPs reportedly just "postponed" for 1 week all their previously scheduled group meetings (See : http://www.euractiv.com/en/future-eu/barroso-unveil-summer-homework-week/article-184825 );
However, while the choice of a new EU Commission's President by EU Parliament is supposed, according to many MEPs' wish, take place according to EU policy issues, paradoxically, this would mean that Barroso's bid would pass before even the anouncement of France and Germany's "initiatives" for EU's "new Horizons"...