newsitems Venice Commission's President, Prof. Helgesen to EuroFora : Human Rights Defenders need protection
Venice Commission's President, Prof. Helgesen to EuroFora : Human Rights Defenders need protection
Venice Commission's President, Professor Jan Helgelsen from Norway, replying to "EuroFora"'s questions.
Therefore, CoE's prestigious Legal Experts' body might undertake to make a Study on this issue covering all its 47 MemberStates, including on the implementation of ECHR's case-law on States' obligation to protect Journalists working on Human Rights' issues and/or fully investigate their murders in order to prevent similar cases in Future, Helgelsen accepted responding positively to "EuroFora"s query.
A decade later, the issue was recently taken up in Europe by CoE's Commissioner on Human Rights, Thomas Hammarberg, strongly supported by a 2009 Resolution adopted by CoE's Assembly on a Report by German ChristianDemocrat MEP, Holger Haibach.
- "As a Human Rights Professor, I think that even today, after a Decade, it's important : You can see that Human Rights Defenders' rights are violated in several parts of the World, so it's still an on-going issue, that I wouldn't exclude to Study in Future on the relations of Governments to Human Rights Defenders"
- Because "it's not only in Totalitarian regimes that you can find that. You can find it also in Democracies" : "There is an interesting conflict between Democracy and rule of Law : More and more Governments, even in Democracies, are really treating Human Rights Defenders harshly, because they claim that Human Rights Defenders tarnish Democracy".
But, "Venice Commission is based on 2 Pillars : Democracy and Rule of Law. And we (CoE) always say that both pillars are equally important. We (CoE) cannot accept that a Democracy violates Human Rights or Minorities' rights".
- "Human Rights' Defenders are close to my Heart... I was, indeed drafting this Declaration at the UN for years", and, even if Venice Commission has not yet specifically done anything in this field, I wouldn't exclude to take this issue on the Agenda for a Report", Helgelsen concluded.
Venice Commission's readiness to extend such studies to all CoE Member States and not only to former "Eastern" European Countries, as in the past, was confirmed also by the experienced Director of its Secretariat, Gianni Buquicchio of Italy :
- "When Venice Commission started, back in 1989, it was conceived to serve all European Countries. But soon Berlin wall fell down, and a huge area opened to help Eastern European Countries' constitutional reforms. However, its competence covers not only Constitutions, but also Elections, Constitutional Justice, Solutions to conflicts, Human Rights, etc", Often "at the invitation of the EU or UNO", whenever needed; fex. in frozen conflicts, we intervene on the sidelines of political negotiations. And recently we dealt also with old democracies such as Finland, the UK, Belgium, etc. but also Turkey.
- Thus, "we (CoE) could do a Study on such kind of issues too", replied Buquicchio to another "EuroFora" Question on the need to ensure efficient investigations on a series of murders of Journalists working on Human Rights, particularly when ECHR has already issued judgements condemning certain States, as f.ex. on Gongadze's case in Ukraine, on Newspaper "Ozger Ozgur"'s staff in Turkey, and on dissident Turkish Cypriot Adali's case in the Turkish-Occupied Territories of Cyprus.
But while in Gongadge's case CoE's Committee of Ministers still keeps a pressure on Ukranian Authorities to find and punish also those who had asked for the murder, well beyond the condemnation of 2 executors to 10 Years of Jail, on the contrary, on Adali's case, sheduled for June, it reportedly has proposed to ... "postpone" anew its examination, from March to June, and now from June to September 2009, surprisingly without giving even the slightesst information on what is going on...
Adali's murder case, in the Past, had been "stuck" also previously, pending
for a too long time inside ECHR's secretariat, but was "unblocked" also after "EuroFora" informed New York based "Committee to Protect Journalists" (CPJ) who called upon ECHR to really examine the case, despite obstacles and harassment denounced by the Victims' Wife, Ilkay, who visited twice Strasbourg.
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Swedish Foreign Minister, Carl Bildt, speaking to "EuroFora", denied rumors on Turkey's attempts to avoid an EU check of its obligations on Cyprus on December 2009 by blackmailing Nicosia to either accept any deal with intransigeant Turkish claims contrary to EU values on the island's political issue, or face threats against the territorial integriy of the EU island, semi-occupied by Ankara's army.
On the contrary, the incoming EU President-in-office, speaking exclusively to "EuroFora", promissed that he will act for EU Council's decisions on December 2009 assessment of Turkey's commitments on Cyprus to be kept.
Bildt was asked to react to Cyprus' President Christofias' denunciation, earlier this week, that some want to exert "pressure" on Cyprus in order for Turkey to escape from its obligations.
Avoiding to mention any precise Deadline, Bildt, however, warned about "Consequences" in case of "failure" to reunite Cyprus, but without saying whose responsibility an eventual deadlock might be.
Asked by "EuroFora" if there is a risk for "Turkey's commitments to "be forgotten or downgraded", "despite crystal-clear EU Council decisions and EU Parliament's latest Resolution on the assessment to make at the end of this year on Turkey's obligations", according to rumours that, instead of pressing Turkey, on the contrary, there might be "pressure on Cyprus", even "blackmail", as Media reported and President Christofias denounced this week, Bildt denied :
- "No ! ", he clearly replied.
- On the contrary, invited by "EuroFora", to "reassure that the Swedish EU Presidency (7-12/2009) will keep a fair stance, based on principles", Bildt promised that "we (Swedish EU Presidency) will be very clear on all of the decisions taken by the (EU) Council".
He added, however, that "we have very numerous decisions that have been taken" by EU Council, as if he warned, also, on something else.
- "'I am not aware of any sort of statements coming out today''", Bildt started to say, on our reference to Cyprus' President Christofias" denunciation of Turkish lobby's manoeuvers this week, replying earlier to 'another"EuroFora"'s question during a Press Conference at EU Parliament in Strasbourg.
- '"I know the issues that you' are concerned with'", he added, remembering the statements he gave us when Sweden was chairing the PanEuropean CoE on 2008.
- "But, obviously, .. I think that Cyprus' Peace negotiations are extremenly important".
- And "'I think that we are at a unique moment in History, in the sens that both (Cyprus') President Christofias and Mr. Talat (the Turkish Cypriot leader), are personally convinced of the need to overcome the division".
- "It's 20 Years since the fall of Berlin Wal, but we still have a Capital in Europe (Nicosia) that's divided". ,
- 'I don't that we should loose any time in overcoming that"..
- ''We should be aware of the fact that success will bring great benefits, but failure, will also have major consequences. There will not be Status Quo' " It's a question of seeking a solution, or entering another situation, which is somewhat difficult to see exactly how that could evolve", he warned.
- "That being said, this is a negotiation for Cyprus itself", Bildt admitted.
- ''We (EU) can support, the (EU) Commission primarily, be technically helpful, and then, of course, there is a specific role for the UN, when it comes to the Cyprus' situation".
- "At least so far. It might not be for ever'. Certainly not for ever, but for this period of time", Bildt added, skiping now any reference to concrete threats on UNO's Peace keeping force in face of more than 40.000 Ankara's soldiers, contrary to some Press claims, (See previous NewsReports).
Replying to another "EuroFora"'s Question, if anyone might attempt to "impose a Deadline for the conclusion" of Cyprus' Talks on December 2009, Bildt avoided to speak of any precise Time-frame, and indirectly evoked the fact that 35 Years of Turkish Invasion/Occupation obviously durated too long :
'- "If I was from Cyprus, I would say that the Deadline was Yesterday ! '",
Bildt concluded.
Cyprus' Government Spokesman, Stephanou, reportedly pointed out that "a settlement is possible on December if Turkey changes its stance", accepting a solution for the reunification of the island based on UNO resolutiona and EU principles.
Earlier, EU Chair, Swedish Prime Minister Fredrik Reinfeld, highlighted an "historic opportunity" to "re-Unite" Cyprus according to EU's "basic Values"' (i.e. Human Rights) and 'Rules'", in a last-minute change of his draft speech to EU Parliament in Strasbourg.
The initial Draft spoke only about "healing" the island.
Significantly, Reinfeldt linked Cyprus' reunification with Turkey's obligations to respect EU's "Values" and "follow" EU's "common Rules" :
- What is "called Membership Negotiations" should lead, "at- the end of the day", into "sharing a set of common Basic Values (i.e. Human Rights, Democracy, etc), and following common Rules", stressed Reinfeld from the outset.
- "This is something that those on the Outside (of the EU), are now contemplating", up "to Ankara", for "a solution" on "Cyprus", observed the EU Chairman, immediately afterwards..
- "Both sides of Cyprus have been granted a historic opportunity to together reach an agreement on a solution to re-Unite the island, that has been divided for far too long", said Reinfeldt, modifying his draft text.
- "The Swedish Presidency will act ...in accordance with Commitments EU has made, on the basis of Criteria that apply", "as a Honest Broker", he promised.
- "To those on the inside (of the EU), allowing the membership process to become an opportunity to solve protracted disputes, can be tempting", he added.
"In such cases, we must find solutions that can benefit both sides, and open up a way forward. Otherwise, it would jeopardize the progress we have made towards EU integration", Reinfeldt said.