Libyan NTC Member +EU Sakharov prize Al-Senussi to EuroFora : CoE welcome on Constitution for Unity
*Strasbourg/CoE/Angelo Marcopolo/- One of the most prestigious Members of the Governing Libya's National Transitional Council, and famous EU Parliament's "Zacharov" Prize 2011 Winner, Ahmed Al-Senussi, (See "EuroFora"s NewsReport from that Strasbourg Plenary's event : http://www.eurofora.net/newsflashes/news/arabspringbouazizizacharovprize.html), who was also the No 1 Political Prisoner held in jail for the Longer Time ever under former colonel Kadhafi's regime during 31 Years (i.e. even more than world-famous South African former President Mandela : 25 Years in jail), but has been recently elected also as Leader of Cyrenia's region (or federated State), at Benghazi, where the 2011 succesful revolt had started, before being threatened by Kadhafi's Tanks, and saved thanks to People's struggles and an UNO-sponsored International Help which estabished a protective "Non-Fly" Zone, (comp. "EuroFora"s NewsReports from Mars and September 2011 International EU-USA-Russia-Canada-Arab Ligue Summits at Elysee Palace in Paris, "to help the Libyan People" and for "New Libya", respectively: http://www.eurofora.net/newsflashes/news/libyasummit.html+http://www.eurofora.net/newsflashes/news/sarkozynocivilisationsclash.html), speaking today to "EuroFora" at the CoE in Strasbourg, practicaly welcomed the prospect for the PanEuropean Organization's Top Legal Experts to visit soon Libya, particularly in view of the possible drafting of a New Constitution, hopefuly able to safeguard, mutatis-mutandis, the Country's unity, as he pointed out.
Shortly after the Director of CoE's Constitutional Law watchdog, known as "Venice Commission" for "Democracy through Law", Thomas Markert, revealed to "EuroFora" that its Top Legal Experts plan to visit Libya later this Month (before the end of October 2012), hoping to agree with the Libyan Authorities on working together about Constitutional, Electoral and Human Rights' reforms, we asked El-Senussi if he thought that this would be effectively agreed :
- "I can't tell you, because I'm not authorized to give such an agreement", carefully started to reply to "EuroFora"s first question the famous Member of Libya's National Transitional Council.
- "But I'm obviously Glad to see that happening", Al-Senussi went on immediately to add positively, apparently Welcoming in general CoE- Libyan cooperation in Democracy, Rule of Law and Human Rights matters.
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- "It would naturally be interesting to create a (new) Constitution,
although we (Libyans) already have a(n old) Constitution, that of 1951, but we are talking about a (new) Constitution, and we'd (usefully) exchange views, added Ahmed Al-Senussi, (who is also a descedant of Libya's 1st King Idris' royal family, who established the country's independence).
+ And, at the same time, Libya is in an Urgent Need for (CoE's Top Legal Expert) objective People to advise, because there are, obviously, a lot of People who attempt to Change Constitutions in many Countries for their own interests", he warned, (speaking through a translator).
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+ Moreover, EuroFora" added an "Open" Question to Al-Senussi : - "What's the most important issue for your Country now, and how CoE, EU and UNO could help for things to go well ?"
- "Libya wants to succeed, it wants to have a succesful match", started El-Senoussi. - But, in order "to have Stability, you have to create a United Government, over all Regions", he observed.
- Therefore, the currently existing "3 Regions have to come together under a New Constitution", Libya's National Transitional Council's Member urged.
- "Now we see, that Libya, even under the 1951 (Constitution), has got something like 3 States, and each State now is pretending to have the upper control" over the others, denounced Al-Senussi, who has recently been elected Leader of the Cyrenaic ("Barqua") region, headquartered at Benghazi, (i.e. there where Libya's independence was declared by his ancestor, former King Idris, .and from where started also late colonel Kadhafi's military putsch, as well as the 2011 revolt.
- "So that now that Libya has 3 Parts, we say that we have to Unite those 3 Regions in order to have success", (through Stability thanks to a United Government : See supra), Ahmed Al-Senussi concluded, apparently accepting CoE's "Venice" Committee's possible input on New Libya's New Constitution.
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Significant of the importance of the issue is also the fact that, earlier Today, Senussi was No 1 Speaker at a CoE/EU Parliament/UNO-sponsored Lunch-Debate, just after the official opening of the 1st World Forum for Democracy by the International Organization's Secretary General Ban Ki Moon, (comp. other relevant "EuroFora"s NewsReports on the event).
This event, specially dedicated to emerging "Arab Democracies" in general, gave a Timely opportunity for Al-Senussi to meet also with CoE's Secretary Genertal Jagland (from Norway), EU Parliament's vice-President Karras(from Austria), and PanEuropean "Venice" Commission's President Buquichio, as well as with Ban Ki Moon himself, just before speaking to "EuroFora", earlier this Monday at Noon.
It's probably in this context that Ban Ki Moon had previously met in New York, at UNO's Headquarters, with his new Special Representative and Head of the UN Support Mission in Libya (UNSMIL), Tarek Mitri, last Friday, just before traveling to Strasbourg.
Meanwhile, Ahmed Al-Senussi confirmed to "EuroFora" that he was due to visit EU Parliament's President Schultz and other EU Officials, including in a gathering related to current and future possible "Zacharov" Prize winners, Tomorrow, Tuesday, in Brussels.
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(NDLR : "Draftnews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, 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.