CZECH PRESIDENT SIGNS LISBON TREATY
RESULT OF EU DIRTY DEAL REGARDING HUMAN RIGHTS

VIOLATION OF THE EU ’’ SPIRITUAL AND MORAL HERITAGE’’

DEDICATED TO THE GERMAN VICTIMS OF THE ETHNIC CLEANSINGS AFTER WORLD WAR II

DEDICATED TO ALL VICTIMS OF ETHNIC CLEANSINGS, WHEREVER IN THE WORLD, IN THE PAST, PRESENT AND FUTURE

[Photograph]
Expulsion of Germans from Czechoslovakia after World War II

http://en.wikipedia.org/wiki/Expulsion_of_Germans_after_World_War_II

Ethnic cleansings of the Armenians by the Ottoman Empire
[Photograph] An Armenian woman kneeling beside dead child in field

http://en.wikipedia.org/wiki/Armenian_Genocide

SUMMARY :

The signature of the Czech president Mr Klaus, of the Treaty of Lisbon is based on the EU guarantee [demanded by Mr Klaus], that Czechoslovakia will not be exposed to property claims from Germans, who have been expelled from Czechoslovakia after World War II

With this guarantee, the EU de facto is giving Czechoslovakia impunity for ethnic cleansings [which were the expulsion of the Germans]
To International Law [The Rome Statute, the Nuremberg Charter] ethnic cleansings are CRIMES AGAINST HUMANITY

It is obvious, that this EU guarantee not only violates International Law, but also its own human rights principles

This OPT OUT TO CZECH should go in history as the EU HALL OF SHAME

ARTICLE

’’
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of

human dignity, freedom, equality and solidarity ; it is based on the principles of democracy and the rule

of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union

and by creating an area of freedom, security and justice.’’

PREAMBLE ’’Charter of Fundamental Rights of the European Union’’

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

Article 19, 1, Charter of Fundamental Rights of the European Union

’’Collective expulsions are prohibited’’

Article 17, 1, Charter of Fundamental Rights of the European Union

"’1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in

the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

Dear Editor and Readers,

As you’ll know, the Treaty of Lisbon is a fact now, since the Czech president, Mr V Klaus, has signed it. [1]
The Czech Republic was the last country to sign.
The Treaty will be really effective at december 1, 2009. [2]

Now it is commonly known, that president Klaus is an eurosceptic, who is of the opinion, that the Treaty of Lisbon eventually undermines national sovereignty and concentrates too much power in Brussels.
His opinion is shared by 17 Czech Eurosceptic senators [3]

Klaus however acknowledged, that the Lisbon Treaty was eventually inevitable.

In an interview with the Czech newspaper Lidove Noviny, he made the following remarks

’’However [referring to his opposition, addition Astrid Essed], the train with it has been set into motion so fast and has gone so far that it will be probably impossible to stop or return it although many may wish it," [4]

CONDITION OF PRESIDENT KLAUS TO SIGN
EU IMPLICITE CONSENT WITH CRIMES IN THE PAST
OPT-OUTS OF OTHER COUNTRIES

Realising, that ’’the Treaty of Lisbon’’ was inevitable, president Klaus set a condition for his sign, which has been granted unanimously by the EU [5]

a Klaus’ condition :

He wanted a guarantee that his country would not be exposed to property claims by Germans expelled from Czechoslovakia after World War II.
In EU terms that meant an opt-out [exception] from the Charter of Fundamental Rights of the European Union, which condemns as well ethnicl cleansings [which were the expulsion of the Germans], as stripping of one’s property without compensation [6]
The Charter will have the force of law effective from December 1, 2009, at the introduction of the Treaty of Lisbon [7]

b Other countries with ’’opt-outs

It may be obvious, that any exception from a human rights Charter is a violation of fundamental human rights principles
But before dealing with the Czech opt-out, it is worth mentioning, that apart from Czechoslovakia, other countries have also been granted ’’opt-outs’’, for the sake of the signing of the Lisbon Treaty.

Among else the United Kingdom and the Irish Republic have been currently granted an opt-out from European policies concerning asylum, visas and immigration.
Under the new treaty they have the right to opt in or out of any policies in the entire field of justice and home affairs.
Also Poland has an opt-out from parts of the Charter covering family issues and morality, such as abortion.
Denmark will continue with its existing opt-out from justice and home affairs, but has the right under the new treaty to opt for the pick-and-choose system. [8]

The United Kingdom and Human Rights

Yet apart from the fact, that it is completely ridiculous and hypocritical to sign a Human Rights Charter [9], but to grant States ’’exceptions’’ on some human rights articles, it is to be feared, that by this granting, for example the United Kingdom will further violate the rights of migrants and asylumseekers, especially those, who are considered as a ’’threat to the national security’’

As well in the United States, the United Kingdom, as in other European countries, it is a growing practice to deport migrants, who are national security suspects [real or alleged terror-suspects] to countries where they are at risk for being tortured

In the British case deportation took place to notorious human rights violators as Jordan, Libya and Egypt. [10]

This is not only utterly inhuman, but a violation of International Law, which prohibits deportation to countries with the risk of torture [11]

EU CONSENT WITH CZECH OPT-OUT
DIRTY DEAL
IMPLICITE CONSENT WITH CRIMES OF THE PAST

It can’t mentioned enough
The EU has violated its own signed ’’Charter’’, not only by the other countries’ opt-outs, but by granting the condition of Mr Klaus

This is an implicite consent with impunity for ethnic cleansings, which are strictly forbidden by every human rights treaty.
Furthermore it is a mockery of justice, since hereby the very Preamble and articles of the Charter are violated [12]

ETHNIC CLEANSINGS :
CRIMES AGAINST HUMANITY

Background of this EU mockery of Justice is the ethnic cleansings of the German population out of Czechoslovakia after World War II and the fear of president Klaus for possible claims of compensation

According to the Rome Statute and other International Treaties, the definition of ethnic cleansings is
’’’’Deportation or forcible transfer of population’’ [13]

In ’’normal’’ language this means the expulsion of ethnic populations out of their country or living area, which is, according to the Rome Statute and also the Nuremberg Charter [dd 1945] , A CRIME AGAINST HUMANITY [14]

Background :

In history of men, ’’ethnic cleansings’’ are horrible, repeating political events

I will mention some examples, although, regrettably, this is no complete list at all

The ethnic cleansings [between 1915 and 1917] of the Armenian population by the Turkish Ottoman Empire, prior to the initiation of their mass-slaughter [15]
The ethical cleansings of the Jews and gypsies by theGerman Nazi-regime in World War II, prior to the initiation of the Holocaust
The ethnic cleansings of the Palestinian population by Israeli troops in the war in 1948, which would be repeated by the ethnic cleansings of Palestinians [again by Israeli troops] after the 6th Day war in 1967 [16]
The ethnic cleansings of the civilian population in Darfur by the Sudanese army and militia [17]
The ethnic cleansings in the conflict in the former Yugoslavia in the nineties of the former century [18]

In all cases great injustice and suffering of the civilian population took place, which is rightly qualified as ’’crimes against humanity’’ according to International Law [19]

Of course the same concerns the expulsions of ethnic Germans by Czechoslovakia after World War II.
This effected between 2,9 million people. [20]
Not only ethnic Germans were expelled, also mass-slaughters took place and Germans were imprisoned in interment-camps, where the living conditions and treatment were very bad [21]

SELLING OUT HUMAN RIGHTS AND THE EUROPEAN ’’SPIRITUAL AND MORAL HERITAGE’’

Yet apart from anyone’s judgement with regard to the ’’European spiritual and moral heritage’’ [22] in each case they are laid down in the socalled ’’Charter of Fundamental Rights of the European Union’’ [23], which will be legally binding, when the Treaty of Lisbon is effective [24]

In the Preamble of this Charter there is a clear reference to the ’’indivisible, universal values of human dignity, freedom, equality and solidarity’’ [25]

Article 19 contains the prohibition on ’’collective expulsions’’
Article 17 [the Right to Property] is referring to the prohibition on deprivation of property and the right on compensation [26]

EPILOGUE

One of the first actings of the EU, before the effectiveness of the Treaty of Lisbon, is the selling out of the own human rights principles

One of the consequences :
A State, which has been guilty of ethnic cleansings, in casu the Germans after World War II, can get away with it

Not only this is unfair to the victims, but also utterly hypocritical, since the EU points its fingers to human rights violations abroad, like Myanmar, Iran, Sudan, China and others

Of course those countries should be criticized, but then the EU should look in its own mirror also and not consent to an implicite impunity for crimes in the past

WRONG IS WRONG
Despite historical circumstances, conflicts or the descent of the victims.

With this OPT OUT to Czechoslovakia, the EU has buried one of the most important human rights principles, freedom from expulsion

And that even before the Treaty of Lisbon became effective

Kind greetings
Astrid Essed

Amsterdam
The Netherlands

[1]

BBC
NOVEMBER 3, 2009
EU REFORM TREATY PASSES LAST TEST

http://news.bbc.co.uk/2/hi/europe/8340664.stm

THE GUARDIAN
NOVEMBER 3, 2009
VACLAV KLAUS SETS SEAL ON LISBON TREATY RATIFICATION

http://www.guardian.co.uk/world/2009/nov/03/lisbon-treaty-vaclav-klaus-ratified

AL JAZEERA
NOVEMBER 3, 2009
CZECH PRESIDENT SIGNS LISBON TREATY

http://english.aljazeera.net/news/europe/2009/11/200911315361843456.html

[2]

THE TREATY OF LISBON

http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2007:306:SOM:EN:HTML

WIKIPEDIA

http://en.wikipedia.org/wiki/Treaty_of_Lisbon

[3]

BBC
’’NEW CZECH MOVE TO BLOCK EU TREATY’’
SEPTEMBER 29, 2009

http://news.bbc.co.uk/2/hi/europe/8281098.stm

[4]

CESKE NOVINY
17-10-2009
’’LISBON MAY EVENTUALLY TAKE EFFECT-RELUCTANT KLAUS IN PRESS’’

http://www.ceskenoviny.cz/news/zpravy/lisbon-may-eventually-take-effect-reluctant-klaus-in-press/403166

[5]

THE BOSTON GLOBE
OCTOBER 29, 2009
’’EU LEADERS AGREE ON CZECH TREATY DEMANDS’’

http://www.boston.com/news/world/europe/articles/2009/10/29/eu_leaders_agree_on_czech_treaty_demands/

THE AUSTRALIAN
THE HEART OF THE NATION
OCTOBER 31, 2009
’’LEADERS AGREE TO CZECH OPT-OUT

’’The move was to ensure the treaty would not allow ethnic Germans forced out of the former Czechoslovakia after World War II for Nazi collaboration to reclaim their property.’’

http://www.theaustralian.com.au/news/world/leaders-agree-to-czech-opt-out/story-e6frg6so-1225793005045

COMMENT ASTRID ESSED

The forcible transfer of Germans out of Czechoslovakia after World War II didn’t concern ’’war-criminals’’, [who by the way should get a fair trial [not forcible transfer] but the German population as a whole, consisting of families with children
This is etnical cleansing and therefore a crime against humanity

See picture of the ethnic cleansings

http://en.wikipedia.org/wiki/Expulsion_of_Germans_after_World_War_II#Czechoslovakia

REUTERS
OCTOBER 29, 2009
EU LEADERS AGREE OPT-OUT FOR CZECH TREATY BACKING

http://www.reuters.com/article/latestCrisis/idUSWEA7764

’’
The Eurosceptic Mr Klaus had recently said he would no longer attempt to block the treaty, after receiving the promise of an opt-out from the EU’s Charter of Fundamental Rights.
Mr Klaus said the opt-out was needed to avoid property claims from ethnic Germans expelled from Czechoslovakia after World War II.’’

BBC :
NOVEMBER, 3, 2009
EU REFORM TREATY PASSES LAST TEST

http://news.bbc.co.uk/2/hi/europe/8340664.stm

[6]

’’The president of the Czech Republic, Vaclaw Klaus, has also negotiated an opt out from the Charter without which, he feared, Germans expelled from Czechoslovakia after World War II could claim property back. ’’

WIKIPEDIA

’’CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION’’

http://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union

See article 17, 1 Charter of fundamental rights of the European Union

’’Right to property’’

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

See article 19, 1

’’Collective expulsions are prohibited’’

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

[7]

WIKIPEDIA

’’CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION’’

http://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union

BBC
’’Q AND A : CHARTER OF FUNDAMENTAL RIGHTS’’
JULY, 16, 2007

http://news.bbc.co.uk/2/hi/europe/6225580.stm

[8]

The Czech Republic also has an opt-out - secured by the Eurosceptic Czech President Vaclav Klaus as a condition for signing the treaty. He wanted a guarantee that his country would not be exposed to property claims by Germans expelled from the then Czechoslovakia after World War II.
....................
....................
....................
....................

Did any countries seek more opt-outs ?
The Irish Republic and the UK currently have an opt-out from European policies concerning asylum, visas and immigration. Under the new treaty they have the right to opt in or out of any policies in the entire field of justice and home affairs.
Dublin also won guarantees that the treaty would not infringe on its sovereignty in the areas of taxation, family issues and state neutrality.
Denmark will continue with its existing opt-out from justice and home affairs, but has the right under the new treaty to opt for the pick-and-choose system.

BBC
NOVEMBER 4, 2009
Q & A : THE LISBON TREATY

http://news.bbc.co.uk/2/hi/europe/6901353.stm

[9]

The Charter will have the force of law effective from December 1st 2009, the day, the Lisbon Treaty will be effective

See also :

WIKIPEDIA
CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

http://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union

[10]

HUMAN RIGHTS WATCH
APRIL 2005
’’STILL AT RISK’’
DIPLOMATIC ASSURANCES NO SAFEGUARD AGAINST TORTURE

http://www.hrw.org/sites/default/files/reports/eca0405.pdf

[11]

INTERNATIONAL LAW

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Article 3, 1

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

http://www1.umn.edu/humanrts/instree/h2catoc.htm

AMERICAN/EUROPEAN PRACTICES REGARDING DEPORTATION OF MIGRANTS, WHO ARE NATIONAL SECURITY SUSPECTS, TO COUNTRIES WITH A RISK OF TORTURE

HUMAN RIGHTS WATCH
APRIL 2005
’’STILL AT RISK’’
DIPLOMATIC ASSURANCES NO SAFEGUARD AGAINST TORTURE

http://www.hrw.org/sites/default/files/reports/eca0405.pdf

UNITED KINGDOM

HUMAN RIGHTS WATCH
SEPTEMBER 17, 2009
LETTER TO BRITISH FOREIGN SECRETARY MILLIBAND ON DIPLOMATIC ASSURANCES WITH ETHIOPIA

http://www.hrw.org/en/news/2009/09/17/letter-british-foreign-secretary-ethiopian-deportation-cases

HUMAN RIGHTS WATCH
OCTOBER 2008
’’NOT THE WAY FORWARD
THE UK’S DANGEROUS RELIANCE ON DIPLOMATIC ASSURANCES’’

http://www.hrw.org/sites/default/files/reports/uk1008web.pdf

[12]

Preamble Charter of Fundamental Rights of the European Union

’’
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of

human dignity, freedom, equality and solidarity’’

The articles 17, 1 and 19, 1

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

[13]

SEE FOR THE DEFINITION OF ETHNIC CLEANSINGS
ROME STATUTE, Article 7, 1

Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the

following acts when committed as part of a widespread or systematic attack

directed against any civilian population, with knowledge of the attack :
...........................
..........................
..............................
.............................

(d) Deportation or forcible transfer of population ;

http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf

THE ROME STATUTE

The Rome Statute is the Treaty on which the foundation of the International Criminal Court [ICC] was based

WIKIPEDIA

http://en.wikipedia.org/wiki/Rome_Statute_of_the_International_Criminal_Court

See also :

http://www.icc-cpi.int/Menus/ICC/About+the+Court/

SEE FOR

[14]

A

CRIMES AGAINST HUMANITY
THE ROME STATUTE

Article 7

Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the

following acts when committed as part of a widespread or systematic attack

directed against any civilian population, with knowledge of the attack :
...........................
..........................
..............................
.............................

(d) Deportation or forcible transfer of population ;

http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf

The Rome Statute is the Treaty on which the foundation of the International Criminal Court [ICC] was based

WIKIPEDIA

http://en.wikipedia.org/wiki/Rome_Statute_of_the_International_Criminal_Court

See also :

http://www.icc-cpi.int/Menus/ICC/About+the+Court/

B

CRIMES AGAINST HUMANITY
THE NUREMBERG CHARTER [CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL], ARICLE 6, C

’’(c)CRIMES AGAINST HUMANITY : namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war ; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. ’’

http://avalon.law.yale.edu/imt/imtconst.asp

[15]

Armenian massacre [mass-slaughters] or genocide

http://en.wikipedia.org/wiki/Armenian_Genocide

The term ’’genocide’’ is disputed, since between historians there is no concensus, whether it was really genocide, which means the INTENTION to kill an ethnical group, because of their race or descent [See article 6, Rome Statute], or mass-slaughters, not with the intention to kill people because of their descent or race

But intentionally or not, fact is, that hugh mass-slaughters of Armenians have taken place between 1915 and 1917

See for the discussion

’’The key issue in this controversy is not the extent of Armenian suffering ;’’
......................
.....................
With little notice, the Ottoman government forced men, women, and children from their homes. Many died of starvation or disease during a harrowing trek over mountains and through deserts. Others were murdered.’’
Historians do not dispute these events although they may squabble over numbers and circumstances. Rather the key question in the debate concerns premeditation. Did the Young Turk regime organize the massacres that took place in 1916 ?’’

http://www.meforum.org/748/revisiting-the-armenian-genocide

See for the historical background :

Deportation and extermination process

http://en.wikipedia.org/wiki/Armenian_Genocide#Deportation_and_extermination_process

Derived from

http://en.wikipedia.org/wiki/Armenian_Genocide

[16]

The Palestinian refugee problem and the ideology of transfer
ASTRID ESSED
ARTICLE
JULI, 3, 2007

QUOTED :

’’In contrary with the allegations of zionist non-deniers, the expulsion of the Palestinians in 1948 and 1967 was no ad hoc war-crime, but a yearlong deliberatetely planned strategy’’
Conclusion [after the article]
’’I have tried to make clear, that the Palestine refugee-problem is not only the tragic result of the warcrimes in 1948, but is founded on a conscious ideology of transfer, which is a ’’necessity’’ in the concept of an artificially created ’’Jewish State’’ On this ’’Jewish State’’ concept, the idea of transfer has been based, which is still vivid in Israeli society
..............
...............
Therefore, lasting peace and a just solution of the refugee problem will be possible only in a non-zionist, secular Palestine with equal rights for all inhabitants, based on a one man, one vote government

Astrid Essed Amsterdam

Derived from :

http://www.indymediascotland.org/node/3396

[17]

’’Q & A : International Criminal Court’s Decision on al-Bashir’s Arrest Warrant

’’The crimes against humanity charges against al-Bashir include murder, extermination, rape, torture, and forcible transfer of a population, committed as part of a widespread or systematic attack against civilians. ’’

http://www.hrw.org/en/news/2009/03/04/q-international-criminal-court-s-decision-al-bashir-s-arrest-warrant

[18]

WIKIPEDIA
ETHNIC CLEANSING

http://en.wikipedia.org/wiki/Ethnic_cleansing#Instances_of_ethnic_cleansing

Ethnic Cleansing
By Roger Cohen

http://www.crimesofwar.org/thebook/ethnic-cleansing.html

Bosnia
By Florence Hartmann

http://www.crimesofwar.org/thebook/bosnia.html

[19]

See Notes 13, 13 and 18

[20]

NOTE CONCERNING NUMBER OF GERMAN VICTIMS OF ETHNIC CLEANSINGS BY CZECHOSLOVAKIA AFTER WORLD WAR II

http://en.wikipedia.org/wiki/Expulsion_of_Germans_after_World_War_II#Czechoslovakia

Derived from

http://en.wikipedia.org/wiki/Expulsion_of_Germans_after_World_War_II

See also :

’’But the victorious Allies in States taken over by the Communists-Czechoslovakia, Hungary, Romania, Yugoslavia, and East Germany-adopted Nazi practices and expelled some 15 million ethnic Germans to the West after World War II. An estimated 2 to 3 million died as a result. ’’

Derived from

Deportations
by Roy Gutman

http://www.crimesofwar.org/thebook/deportations.html

’’Such mass deportation was not new in this century of ethnic engineering. Greeks out of Turkey ; Turks out of Greece ; Serbs out of the Fascist Croatia of 1941–1945 ; Jews out of Hitler’s Europe ; ethnic Germans out of postwar Czechoslovakia ; Palestinians from occupied territories. The waves of forced evictions of ethnic and religious groups have been repetitive, often combining physical removal with devastating violence, or, as in the case of the Jews, genocide.’’

Derived from

Ethnic Cleansing
By Roger Cohen

http://www.crimesofwar.org/thebook/ethnic-cleansing.html

[21]

MASS-SLAUGHTERS

’’June 18-19, 1945, in the Přerov incident, 71 men, 120 women and 74 children (265 Germans) who were Slovak Germans from Dobšiná were passing through Horní Moštěnice near Přerov railway station. Here they were taken out of the train, taken outside the city to a hill named "Švédské šance", where they were forced to dig their own graves and all were shot. They were all murdered while being transported back to Slovakia by soldiers of the 17th Bratislava Foot Regiment. ’’

’’Estimates of those killed in the Ústí massacre range from 30 - 50 to 600 - 700 civilians. Some women and children were thrown off the bridge into the Elbe River and shot.’’

Derived from

http://en.wikipedia.org/wiki/Flight_and_expulsion_of_Germans_from_Czechoslovakia_during_and_after_World_War_II#cite_note-EU-8

ORIGINAL SOURCE :

EUROPEAN UNIVERSITY INSTITUTE, FLORENCE

’’THE EXPULSION OF THE GERMAN COMMUNITIES FROM EASTERN EUROPE AT THE END OF THE SECOND WORLD WAR’’

EDITED BY STEFFEN PRAUSER AND ARFON REES

http://cadmus.iue.it/dspace/bitstream/1814/2599/1/HEC04-01.pdf

[22]

I am referring to European historical facts like slavery and colonialism, AND to the present, like the European support for the American attacks on Afghanistan and Iraq [with Germany and France as adversaries of the attack on Iraq], AS the continuing military occupation of those countries [Afghanistan and Iraq]
Besides that, there are more European violation of International Law

A I refer to the European [and American] violations of human rights, by deporting real or alleged terrorsuspects to countries with the risk of torture

B I refer to violent police conduct in some European countries, like for instance France and Spain

C I refer to European violations of the rights of migrants and refugees

A

EUROPEAN VIOLATIONS OF HUMAN RIGHTS OF TERROR SUSPECTS OR CONVICTS
By deporting them to countries with the risk of torture

As an example I mention [besides the general Human Rights Watch report] United Kingdom and Italy, but there are more countries, which are guilty of those practices :

INTERNATIONAL AND EUROPEAN LAW

ARTICLE 3, 1, CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT

’’1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.’’

http://www1.umn.edu/humanrts/instree/h2catoc.htm

ARTICLE 7, INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

http://www1.umn.edu/humanrts/instree/b3ccpr.htm

ARTICLE 4, CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION :

Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

GENERAL :
HUMAN RIGHTS WATCH REPORT

Still at Risk :

http://www.hrw.org/sites/default/files/reports/eca0405.pdf

UNITED KINGDOM

http://www.hrw.org/en/news/2009/09/17/uk-ethiopian-assurances-no-guarantee-against-torture

http://www.hrw.org/en/news/2009/09/17/letter-british-foreign-secretary-ethiopian-deportation-cases

http://www.hrw.org/sites/default/files/reports/uk1008web.pdf

ITALY

http://www.hrw.org/en/news/2009/08/05/italy-expulsion-tunisian-violates-european-human-rights-convention

B POLICE ABUSE AND TORTURE OF PRISONERS IN SPAIN [TORTURE] AND FRANCE [ABUSE, WITH DEADLY CONSEQUENCES]

SPAIN :
ADDING INSULT TO INJURY
POLICE IMPUNITY TWO YEARS ON

http://www.amnesty.org/en/library/asset/EUR41/010/2009/en/677ab6fc-d161-4b86-9284-c4fe612552f8/eur410102009en.pdf

AMNESTY INTERNATIONAL
FRANCE :

’’PUBLIC OUTRAGE
POLICE OFFICERS ABOVE THE LAW IN FRANCE’’

http://www.amnesty.org/en/library/asset/EUR21/003/2009/en/591478d5-8e7a-45d8-a166-bd326e1caa1f/eur210032009en.pdf

POLICE ILL-TREATMENT IN FRANCE
HAKIM AJIMI

http://www.amnesty.org/en/library/asset/EUR21/011/2009/en/25c46a9f-5a96-404c-8994-c51ee40f2484/eur210112009en.pdf

DEATH IN CUSTODY IN FRANCE
HIGHLIGHTS POLICE ABUSE ACCUSATIONS

http://www.amnesty.org/en/news-and-updates/news/death-custody-france-highlights-police-abuse-accusations-20090717

C EUROPEAN VIOLATIONS OF THE RIGHTS OF MIGRANTS AND REFUGEES
This violations of the rights of migrants and refugees is a common European attitude, but I just set some examples here :

FRANCE

http://www.hrw.org/en/news/2009/10/21/france-abolish-airport-limbo-migrant-children

GREECE

http://www.hrw.org/en/news/2009/10/12/greece-escalating-risks-migrants-unaccompanied-children

http://www.hrw.org/en/news/2009/10/09/greece-unsafe-and-unwelcoming-shores

http://www.hrw.org/en/news/2009/08/23/greece-create-open-centers-migrant-children

http://www.hrw.org/en/news/2009/07/31/greeces-refugee-problem

ITALY :

FIRST LINK
VIOLATIONS OF RIGHTS OF ASYLUMSEEKERS, TERRORSUSPECTS AND RACISM AGAINST MIGRANTS AND ROMA

http://www.hrw.org/en/news/2009/09/01/human-rights-watch-upr-submission-italy

http://www.hrw.org/en/news/2009/09/23/italy-libya-connection

http://www.hrw.org/en/news/2009/09/17/italylibya-migrants-describe-forced-returns-abuse

http://www.hrw.org/en/news/2009/07/31/moving-migrant-issue-no-solution

http://www.hrw.org/en/news/2009/06/09/italylibya-gaddafi-visit-celebrates-dirty-deal

[23]

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

[24]

WIKIPEDIA
CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

’’The Charter will have the force of law effective from December 1 2009’’.[When the Treaty of Lisbon is effective/ADDITION ASTRID ESSED]

http://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union#As_part_of_the_Treaty_of_Lisbon

BBC
NOVEMBER 4, 2009
Q & A, THE LISBON TREATY

’’
Does the Charter of Fundamental Rights feature in the new treaty ?
No. There is a reference to it, making it legally binding, but the full text does not appear, even in an annex. ’’

http://news.bbc.co.uk/2/hi/europe/6901353.stm

[25]

PREAMBLE
.................
................

’’
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of

human dignity, freedom, equality and solidarity ;’’
........................
........................

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

[26]

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

http://www.europarl.europa.eu/charter/pdf/text_en.pdf