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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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The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.
They stressed that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.
They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.
- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.
In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

- The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.
Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.
- "We want to speak also about the Programme", explained Merkel.
- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe. Obviously on Persons, but mainly Decisions on Issues", she stressed.
- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.
EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :
- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.
But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".
- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.
If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel. - If EU Parliament wants, this election can take place on July, but this must be done in full agreement.
- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.
France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy. Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".
- "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel
- "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.
- "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President. If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.
But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.
As for the precise Timing : - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And, then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".
However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.
But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.
There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.
In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.
On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).
It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.
In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.
Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".
Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.
As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".
"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."
Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".

















