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Home arrow newsitems arrow EUCommission v.President Reding+EU Rapporteurs to Eurofora: Care for Victims,+Cyprus "Missing", 9/11

EUCommission v.President Reding+EU Rapporteurs to Eurofora: Care for Victims,+Cyprus "Missing", 9/11

Written by ACM
Tuesday, 11 September 2012

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*Strasbourg/EU Parliament/Angelo Marcopolo/- Europe wants to really care for Victims of Crimes and their Families, including, f.ex. the tragedy of Cyprus' "Missing" persons", etc., practically stressed in substance, at the Anniversary of September 11, EU Commission's vice-President responsible also for EU Citizenship, the experienced Viviane Reding from Luxembourg, as well as EU Parliament's Rappporteurs on the Help due to be given to Victims, on Cyprus' "Missing" and their Families, as well as on EU Enlargement Criteria, since an EU which aspires today to forge a Political Union with Democratic Legitimacy, necessary for an efficient Economic and Monetary solution to the Global Crisis, has just confirmed energetically that it wants to be really based on elementary Values of Human Dignity, Human Rights and Democratic Rule of Law, as it became clear during all this week in EU Parliament's plenary sesssion in Strasbourg, (See infra).
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In particular, "EuroFora" asked Reding and the 2 EU Parliament's Rapporteurs on the new, Victims' Rights EU Rules, during a Press Conference symbolically held in Strasbourg on September 11, (whose innocent Victims' Memory was massively Honoured by MEPs in a standing ovation at EU Parliament's Plenary, earlier Today), if the New EU Rules had started to respect "one among the most important demands by Crimes' Victims and/or their Families, (which) is to participate in Efficient Investigations, in order to find the Truth and for Justice to be done", according also to ECHR's judgements.

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+ In addition, "don't you think that Time Limits, for serious Crimes' prosecution, must not be too Tight, because, otherwise, sometimes they risk to Cover up even Serious Crimes ?", also asked "EuroFora", pointing f.ex. at a recent CoE's AntiCorruption watchdog "GRECO" which denounced the existence of short Time Limits for Investigations on State Officials and Agents, (f.ex. in Greece, etc).
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- "The answer to your 1st question is that the proposed (EU) Directive puts Minimum Standards, which have to be introduced in the Court's Proceedings,  in (EU) Member States", replied Reding in this regard


 - F.ex. that  "we've got to Translate at least the main Documents so that Victims can Follow (1) those Courts' proceedings, to which they can Participate (2), if they want, and they are Helped (3) to Attend the Trials. Victims are also Protected (4) while Police Investigates a Crime and during the Court's proceedings".  (etc). And, of course, Vulnerable Victims, (such as, f.ex. the victims of sexual abuse, or Children, they must be treated very Specifically, so that they are not Victimized a Second Time), stressed to "EuroFora" EU Commission's vice-President Viviane Reding, by giving some concrete examples.


=> - "So, the whole Court's proceedings, should Respect the Person who has been the Victim of a Crime, and not "Corner"  that Person, or not take him/her seriously at all. Most important of all, and for that we also need Training in the (EU) Member States, Victims have to be Treated with Respect by Police, Prosecutors and Judges, who need to be trained to Properly deal with them", the experienced EU Commission's vice-President concluded in her Reply to "EuroFora"s 1st question.
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However, it's an obviously regrettable Fact, that, for various reasons, Nothing similar was ever offered, to 9/11 Victims' Families, (the only Suspect "Mastermind", Bin Laden, having been reportedly guned down without any attempt to investigate the real role of his organization, its eventual accomplices, etc., before a Court, and even some other, comparatively secondary, but allegedly more concretely involved suspects, still continue to be help "in communicado", without any Public Trial proceedings having started even more than .. a Decade after the 9/11 Deadly Mass Terrorism, and believed to be still postponed for even many more Months or Years to come,.... Thereby excluding also de facto any chance for Participation in the proceedings by Victims' Families, who have even been obliged to formally promise that they won't ever sue, not even any Company eventually involved in the incidents (f.ex. concerning Airplanes, Airports, NY Port Authority, WTC Security service, etc), by being threatened, otherwise, to be excluded from the main Financial Compensation, (while some questions around 9/11 still remain controversial or not yet fully answered)...


Mutatis-mutandis, similarly, Families of "Missing" Persons in Cyprus, more than 37 Years since the 1974 "Disappearances", haven't yet had any possibility to actively participate, in their Mother-Tongue, in a Court's Proceedings (f.ex. at Turkey, legally responsible for serious Violations of Human Rights in those Cyprus' Territories that it persists to Occupy by Ankara's Military), nor in a such a Prosecutors' Investigation, aimed at searching the Truth on what really happened to their beloved ones, and on finding and punishing  those responsible for their enforced disappearance, despite ECHR's crystal-clear case law which has repeatedly asked for that, as a matter of General Principle, in all such cases.
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 - "In this Directive, even if we (EU) put just "Minimum Standards", nevertheless, "we  (EU) also state how, and under which Conditions, Victims can have access to Financial Compensation", added EU Parliament's co-Rapporteur, Spanish MEP Teresa Jimenez-Becerril, a ChristianDemocrat/EPP MEP.


 - "We are also speaking about "Distinct and Detailed  Information on proceedings, based on the Specific Needs and the Personal Circumstances of the Victims, and the type and the nature of the Crime". Moreover, "Additional Information may be provided at another Time, according to the Needs of the Victim, ... in each stage of the proceedings", etc. I.e. "we are talking about "the Specific Needs of the Victim", she observed in addition.

   + At any case, "this is just a 1st step : We (EU) are only Starting" to move for the Rights of Victims of Crime, MEP Jimenez spontaneously added later to "EuroFora".

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+ "Add(ing) about "EuroFora"'s 2nd Question "on Time Limits", the other EU Parliament's co-Rapporteur, Bulgarian MEP Antonia Parvanova, obsereved that, even if "this Directive does not cover the Procedure itself, but only those Persons who are Protected, concerning Minimum Standards, particular to Victims.

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However, "there are particular issues, related to Time-Limits which are covered by this (EU) Directive", even if "it's not directly related to Corruption", (as in that CoE case that "EuroFora" had simply taken as an example). Indeed, there are (other) cases (related f.ex. to sexual abuse and Violence, Trafficking, ..etc) : While the Victim is not Reporting (the Crime) at the 1st Time, when it started, and, later on, the Court is taking into account the Repeated Violence against that Victim, it's taking into account only the Last case, which has been reported", she noted.


"There is also an EJC case on this, f.ex. against gender-based violence, f.ex. in Bulgaria, and, based on this EJC case, (as well as ECHR's well -established case-law : comp. f.ex. the well-known "Loizidou" case, back on 1994, on Greek-Cypriot Refugees, still hindered by Ankara's Invasion-Occupation Troops to return to their Family Homes and Ancestral Land, even 37 Years later, contary to ECHR's judgements and UNO SC Resolutions), we (EU) actually consider that if there is a Repeated Crime", as she pointed out.


=> Then, "all the circumstances of the previous violences against the Victims, should be taken into consideration". In this regard, even the above-mentioned "Specific Needs of the Victim, should  include the assessment of the Circumstances of the Crime, and take them into account - "So, in this sense, circumstances of Repeated Violence should be also included and taken into account", EU Parliament's co-Rapporteur concluded.

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+ Meanwhile, EU Parliament's new Rapporteur on "Missing" Persons in Cyprus, Dr. Simon Busuttil, replying to "EuroFora"s questions on the need, according both to ECHR's case-law, and to several experienced CoE or International Human Rights NGOs (as "Amnesty", etc), for Timely and Full Forensic Examinations whenever the Remains of a Victim are found, in order to avoid the otherwise fatal risk to "destroy material Evidence" and, thus, irrevocably Cover-up serious Crimes, hindering Victims' Families from their basic Human Right to at least discover the Truth on what really happened to their beloved ones, and find and punish those Responsible for their Enforced Disappearance, as many ECHR Judgements ask, said that he "wholeheartedly agrees" with the main substance of that point.

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 - "That's precisely what we (EU Parliament) are trying to do",* replied to "EuroFora"s question if the forthcoming Resolution would ask, at last, for "Full Investigations" according to the above-mentioned ECHR case-law and International NGO's experience, and not only to unearth and identify Victims, in order to prevent the otherwise unavoidable Destruction of possible Horrible Crimes' Evidence, the new, 2012 EU Parliamen's Rapporteur on that Tragic issue, which has become a PanEuropean and even Worldwide "precedent" case, whose final outcome will inevitably leave a permanent mark with repercussions to all other similar cases of "Missing" persons, anywhere else in Europe, and perhaps even in the World.

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The EU Rapporteur mainly stressed that, according to a recent CoE Committee of Ministers' decision, published during Summer 2012, to which were added even some recent findings of many Human Sculls near a Prison at Duyarbakir (Turkey), where former Detainees from Cyprus had been reportedly jailed, some of them becoming "Missing" afterwards, (etc), MEPs intend to ask, in a forthcoming Resolution, not only to continue Funding Exhumations/Identifications, but also that Turkey Stops Hindering Access to Evidence, under so-called "Security" or even "Military" pretexts, in order to make the necessary Investigations, both in the Occupied Territories of Cyprus, controlled by Ankara's Foreign Invasion-Occupation Troops, and inside Turkey itself, whenever needed.

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A delegation of MEPs is also due to visit Cyprus for that purpose before the end of 2012, Busutil anounced.

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- "We (Victims' Families) would even accept from the Turkish State to examine by its own Agents the Military and Prisons' Archives, (as CoE's Ministers and ECHR's judgements require), and tell us what they found", said to "EuroFora" the experienced President of Greek Cypriot "Missing" Persons' Families Association President, Dr. Theodossiou, who was exceptionaly in Strasbourg this week, to meet both with CoE's and EU Parliament's officials. But we have the Human Right to "Know the Truth", and I basically agree with what you said, the experienced representative of Victims' Families replied to "EuroFora"s query.
 
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Unless, naturally, if .. Latin America tragic cases of Missing Persons, and the way according to which they are monitored by the InterAmerican Court,  becomes finally .. more important for the protection of elementary Human Rights than what Europe had once dreamed to provide to its Citizens...

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But, that's precisely what EU Leaders don't want at this crucial Juncture, when solving the Economic Problems provoked by the Global Crisis, needs a strong EU Political Union, which requires solid Popular support, as EU Commission's President José Barroso has just stressed at EU Parliament's Plenary, during a keynote address in the 2012 debate on "the State of the Union" :

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 - "Let's send our People a Message of Hope.. We are Proud to be Europeans ! .. In spite of our current (mainly Economic) Problems (provoked after the Global Crisis, our Societies are among the most Human and Free in the World"; Barroso concluded in his landmark speech to MEPs.  "We (EU) do not have to apologise for our Democracy, ... and for our Values", including "Respect for Human Rights and Human Dignity", the Head of EU Commission stressed. "In our Countries, People are Free", and "Now, .. we need to guide ourselves by the Values that are at the Heart of the European Union : Europe .. has a Soul", as he underlined, (agreeing with German Chancellor Angie Merkel's famous conclusion at her landmark January 2007 speech in EU Parliament in Strasbourg,at the beginning of the January-June EU rotating Presidency by Modern Germany, before she visited ECHR)...
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    And, as far as it concerns, in real practice, Turkey and other foreign Countries wishing to negotiate closer relationship with the EU, the European Parliament's Foreign Affairs Committee is due to adopt, later this same week in Strasbourg, an interesting Report on the "Criteria" of "EU Enlargement", which stresses from the outset that "in accordance with Article 49 of EU Treaty", it's only "European States", "which Respect and remain Committed to the Promotion of the Value of Human Dignity, Freedom Democracy, Equality, the Rule of Law, and Respect of Human Rights, including of People belonging to Minorities", that "may Apply" in order to bec ome Candidate for "EU Membership", because "these Values are at the Foundation of tghe EU itself, guide the Union's action on the International scene, and Must be Respected and upheld".

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    This key point is topically stressed in the new EU Parliament's text, this week of the 11th Anniversary of September 11, which "almost" coincides also with the "20th Anniversary of the "European Council of 1993 in Copenhagen", famous because it .. has set the Accession Criteria" for Foreign Countries which might have some EU "Membership prospects". These "Copenhagen Criteria", lie, Today, oon 2012-2013, even more than ever "in the Centre of EU Enlargement policy", and "the New Focus on Justice and Home affairs, the Rule of Law and Respect for Fundamental Rigts, are expected to be Effective and Efficient", as a Compromise Amendment, due to be adopted by an overwhelming Majority on Thursday morning, clearly sets as a main Principle to judge any demand for any EU Accession Negotiations, (be it "Open-Ended", as EU Summits have repeatedly decided for Turkey, for which it might also lead to a kind of privileged partnership or other closer relationship with the EU, as it has been explained by EU Leaders many times, or otherwise, as, f.ex. in the obviously Differend cases of Iceland, eventually Ukraine, etc)..

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   - Without respect of Human Rights, Rule of Law and Justice, there cannot be a Sustainable Peace nor real Stability in any area, denounced later in substance EU Commissioner Androula Vassiliou, reacting at EU Parliament's Plenary to strong denunciations by many MEPs in a case of scandalous Impunity of a Murderer who brutaly killed an Armenian with an axe during a NATO gathering in Hungary, where he was initially arrested, but afterwards transferred to Azerbaitzan, welcomed as a .. hero, and even promoted in the Army !

 An incredible but real story of scandalous impunity, which inevitably reminds, mutatis-mutandis, also the famous case of Armenian Journalist Hrant Dink's Murder by a Turkish youngster, afterwards photographed lauphing together with Policemen in front of a Turkish Flag and treated as a "hero", before being sent fo a short term in jail, while ECHR vainly condemned Turkey on 2010 for grossly failing to really punish the perpetrator and doing practically nothing to find and punish the accomplices and/or instigators of that horrible brutal killing.                                                                                           

(.../...)

***

(NDLR : Partialy updated, Selected Parts of "DraftNews", already sent earlier to "EuroFora"s Subscribers/Donors. A more Accurate and Complete, Final Version may be published asap).

***
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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