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Haupt arrow newsitems arrow EUParliament+CoE support to Snowden: No Role in 2016 US Election? ( CoE Rapporteur Omtzigt to ERFRA)

EUParliament+CoE support to Snowden: No Role in 2016 US Election? ( CoE Rapporteur Omtzigt to ERFRA)

Geschrieben von ACM
Donnerstag, 29 Oktober 2015
pe_vote_on_snowden_29.10.2015_400

*Strasbourg/Angelo Marcopolo/- EU Parliament's unexpected, last minute Majority (286 - 279) Vote supporting Asylum in EU Countries for World Famous Citizens Web Freedoms' Defender, Edward Snowden, to Protect him from Threats of Extradition to the USA, certainly strengthens PanEuropean CoE's already clearly expressed Support, earlier in Strasbourg.


    But the Question whether both these 2 Converging Moves could impact, or not, the recently launched American Public Debates on the forthcoming 2016 US Presidential Election, which can be of Decisive Importance for that Topical General Interest Matter, initially appeared Uncertain, or even Unlikely, as has told "EuroFora" COE's Rapporteur Pieter Omtzigt, a mainstream ChristianDemocrat MEP from the Netherlands.

ksse_peter_omtgist_400


    However, also some Other interesting Converging Developments, both in Europe and in America, might, Add even more Fresh Impetus to this Growing Trend, able to hopefuly facilitate, sooner or later, a Positive Compromise Solution, that some (even among the best) might still think rather "Tabou", until now, (See Infra)...


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In particular :


    According to the Full Text of the Amendment adopted Today by EU Parliament's Plenary in Strasbourg, MEPs call "to Drop any Criminal Charges against Edward Snowden, grand him Protection, and ... Prevent Extradition or Rendition by Third Parties (f.ex. the current US Government, of outgoing President Obama).


     This should be done "in Recognition" of Snowden's "Status as WhistleBlower and International Human Rights Defender", MEPs stressed now.


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    + Today's EU move mutualy Adds Strength vis a vis the PanEuropean Organisation for Human Rights, Democracy and Rule of Law : CoE's previous Resolution, adopted Earlier this Year in Strasbourg, which also "Calls on CoE (47 : including Russia) Member States", as a matter of Principle, "to "Grant Asylum ... to Whistle-Blowers Threatened by Retaliation in their Home Countries", under certain conditions


    ++ While also "Calling on .... the United States of America to Allow Mr Edward Snowden to Return, withOut Fear of Criminal Prosecution, under Conditions that would not Allow him to Raise the Public Interest Defence". (USA have, indeed, a Special Status at the PanEuropean CoE, with Rights and Duties, since 1995/6).  


    +++ Moreover at another CoE Resolution, adopted Previously in Strasbourg, also on "Mass Surveillance", the PanEuropean Assembly's MEPs Criticized what they had called, then, "the Reluctance of the competent United States authorities and their European counterparts to contribute to the clarification of the Facts, including their Refusal to attend hearings organised by the (CoE's) Assembly and the European Parliament" on that Topical Issue.


    That CoE's Criticism included also "the Harsh Treatment of Whistle-blower Edward Snowden", which "does Not contribute to Restoring mutual Trust and Public Confidence", as MEPs Warned.


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Larger Political Support than Initialy Expected
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    Today's EU Parliament's Move kick-started with a Surprise from the outset a Long sesssion of Voting into a quite Comprehensive Resolution on Monitoring overall developments about controversial "Mass Surveillance" practices, particularly when they are exerted ove "EU Citizens".


    The crucial Amendment ("No 10") had been tabled by the vice-President of EU Parliament's Civil Liberties, Justice and Home Affairs' Committee, (aka :  "LIBE"), Jan-Philipp Albrecht from Germany, of the "Green" Group, and was adopted after a Hard Political Fight, with a final Majority of 286 against 279 Votes, (while 73 MEPs abstained).


    Significant of a really Hard Fight on this Vote, which apparently Continued even .. Afterwards, was the Exceptional Fact that the Initialy Anounced Results, (a "Tight" Majority of Only 285 to 281), was, Shortly Afterwards, Rectified, in their Final Version up to that Clear Majority of 286 to 279, and 73 Abstentions, when a Surprizing Number of ...Nine (9) MEPs, from various Political Groups), asked to make several "Corrections" to their Votes, transfering them towards +4 More "Yes", against Only +1 More "No", (and +4 More Abstentions)..


    The Real Supporters of that move obviously represent a much Larger Political Spectrum of EU Parliament than its Initial fans, since, in order to Succeed to attract an Absolute Majority of 285 Votes, it was obviously Necessary to get much More than the "Greens" and the Liberals, as well as the "EuroLeft" Groups Votes only, (which, taken all Together, don't go beyond just 171 votes : So that, Mathematically, even if 14 "Non Aligned", 39 "Europe of Nations and Freedom", and 45 "Europe of Freedom and Direct Democracy" MEPs might have Added their Votes, the Total wouldn't have passed a 224 Minority result only, Unless at least 61 More MEPs from the mainstream ChristianDemocrat and/or Socialist Groups didn't Contribute by adding also their own Votes. Without forgeting also 72 MEPs who Abstained, allowing that Amendment to pass :


    => i.e. at least + 133 MEPs more, taken even among the 2 Biggest, mainstream Groups, Christiandemocrats and Socialists, (if not British Conservatives, etc)...


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CoE's Rapporteur to "EuroFora" on Impact to US 2016 Presidential Election :
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    Experienced PanEuropean CoE Assambly's Rapporteur both on "Mass Surveillance" and on the Need to Protect "WhistleBlowers" for Human Rights/Democracy, including Snowden, Dutch ChristianDemocrat MEP Pieter Omtzigt, speaking earlier to "EuroFora", expressed, however, his Regrets for the fact that any, even Full and/or PanEuropean Support to the cause of General Interest for all Citizens in Democracy that Edward Snowden serves, in his view, at least as things stood until recently, apparently  - "wouldn't be an Issue for the 2016 US Presidential" Election, as he bitterly but realisticaly Replied to a relevant Question that we had raised..


    - F.ex., "Because, in fact,  both Frontrunner Candidates of main Political Parties don't seem yet ready to accept anything Less than the "Patriot Act"'s Measures, some of which might affext Civil Liberties and Freedoms often on a Controversial manner, the Dutch MEP, (who has recently organized several Hearings with Snowden by Tele-Conference from Moscow to the PanEuropean CoE's Headquarters in Strasbourg), Explained to "EuroFora".

ksse_snowden_in_omtsgist_whistleblowers_freedom_debate_400


    - Omtzigt, invited by "EuroFora" to be more Specific, made it clear that he Meant, by that, Jeff Bush and Hillary Clinton", indeed, then, Top Candidates for  the Conservative and the Democratic Party, respectively.


    But, Recently, things have quite Changed, in this regard : Among the Top Conservative Candidates for the 2016 USPresidential Election, Jeff Bush remains, certainly, always important, but has been notoriously outpassed in Polls by Donald Trump, Carson, Cruz, Rubio, etc., while experienced Huckabee and others follow at close distance. Almost at the Same Time, among Democrat Party's Top Candidates, Hillary, even if she still remains, most of the times, 1st in Polls, nevertheless, Chuck Todd and, particularly, Bernie Sanders, are notoriously Catching Up, More and More Quickly, to the point that several experienced US observers already point at Sanders. So that US Politics, at this moment, have apparently become, at least in at a muh Greater Extend than, initialy speculated, quite Unpredictable..


    >>> Much more Important : BioEthical, Christian, and other "Values" Issues (f.ex. on controbersial "Same Sex Mariage", Sales of Human Parts from Aborted Embryos, Genetic Manipulations on Human Embryos, etc), have Recently become  Crucial in US Politics as Never Before in History, among almost All Top Candidates of the  Conservative Party, which is widely tipped to Win the forthcoming 2016 USPresidential Election,  (at the End of this 2nd Term of Outgoing President Obama, from the Democratic Party),


    almost at the Same Time, that a Series of Christian, Family, Grassroots Citizenship, "Tea Party", and various other "Conservative Values" oriented NGOs, had reportedly been Targetted by the Obama Administration, even for Undue Discrimination in "Surveillance", allowing to Spy and gather many Delicate Personal and/or Collective Data from them, without any clear Legal Basis, adding also another Scandal, inevitably InterRelated to the latter...


    => In Consequence, given also American People's well known Traditional attachment to Individual Liberties, a New US President from the GOP Party starting on 2016, would, probably, be much More enclined than in the Past,  towards being quite Critical against eventual Abuses  of Unjustified and even Politicaly Motivated "Surveillance" of Citizens.


    And, therefore, normaly Closer to American WhistleBlowers who Risked their Career and Personal Freedom in order to Try to Defend Citizens' Rights and Democracy, as  Snowden.


    Something that, already, some among the moost outstdanding American Web Freedom NGOs' Leaders have already asked, earlier at the CoE, particularly speaking with "EuroFora" and other Journalists in Strasbourg, when they observed their Surprise and Sorrow for the fact that EU Countries hadn't yet provided (NDLR : Neither explicitly refused, at least for most of them), any Asylum to a World-Famous and Popular Whistleblower as Edward Snowden, while Russia has done so.
    

(../..)


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("DraftNews", as already sent to "EuroFora" Subscribers/Donors, earlier. A more accurate, full Final Version, might 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 ?

adali_gongadze


- "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.

imag0335_400


      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.    
    

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