Former ambassador alleges European Court of Human Rights manipulates decisions

Joseph Licari, until recently ambassador to the Council of Europe, had bad history of relations with human rights commissioner – Wikileaks cable

Joseph Licari (left) was said by the US ambassador Vincent Carver of being one of the few ambassadors who did not relish the independence of human rights chief Thomas Hammarberg
Joseph Licari (left) was said by the US ambassador Vincent Carver of being one of the few ambassadors who did not relish the independence of human rights chief Thomas Hammarberg

A Maltese ambassador whose contempt for the Council of Europe's human rights commissioner was remarkable enough to be commented upon by American counterparts, is alleging that judgements of the European Court of Human Rights are being "manipulated" by a court insider and Maltese NGOs.

Just a month after his 14-year career in Strasbourg came to an end, Joseph Licari - ambassador to the Council of Europe - has alleged that a decision by the ECHR to stop the 9 July pushbacks, and two decisions to uphold complaints on the degrading conditions of the detention of asylum seekers, have "led [me] to suspect that someone is working hand-in-hand with Maltese NGOs to manipulate."

"This is my suspicion, there is no other word for it," Licari said.

"Whoever is drafting these sentences, is not focused on being objective, but their aims are the same as those of the NGOs," Licari said, claiming that the ECHR was being uncharacteristically fast in dispensing judgement.

"It makes me think that there was someone on the inside manipulating these sentences... there is a political aim to encourage illegal immigrants to come here and force the Maltese government's hand in welcoming them."

Licari did not deny suspecting that the alleged "insider" was Maltese.

His statement is the most recent of allegations against human rights supporters and other European politicians, in a flurry of anti-migration sentiment provoked by the attempted pushback to Libya on 9 July, which was stopped by the Strasbourg court on a petition by Maltese NGOs.

Despite being ambassador to Europe's foremost human rights institution, Licari was a critic of the former commissioner of human rights, Thomas Hammarberg, deriding him as "God's gift to the world."

In a confidential cable from the US embassy in Strasbourg released on Wikileaks, US consul-general Vincent Carver described Licari as one of the ambassadors with "a bad history of bad relations with Hammarberg."

In the cable dated September 2009, Carver said Hammarberg was "criticized by a few ambassadors for having written in June to all COE member states calling on them to consider accepting detainees from Guantanamo. The Maltese Ambassador (one of those criticizing Hammarberg) told us privately that Hammarberg thinks he is 'God's gift to the world'."

Carver singled out Licari as only one of "a few ambassadors" with bad relations with Hammarberg - whose dogged criticism of Malta's detention system for asylum seekers might offer clues into why Licari is annoyed at the ambassador. "Most member states respect and even relish Hammarberg's independence. We do not expect this recent criticism to stifle Hammarberg from raising the detainee issue with European officials," Carver wrote in the cable.

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joeellis, truth seeker, as if the ECHR is a virgin!!!!!!!! Qassatati and let the underhand dealing remain hidden?
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Let's be sensible, those "Honourable" gentleman sitting on such courts are as human as the rest of us. We simply believe or are made to believe that these "honourable" gentleman can give a better judgement than us. Is it so? What makes them better judges? I believe that when these honourable gentleman start imposing sentences on governments that act in favour of their country. Why do governments have to give rights to illegal immigrants when these same immigrants should get their rights from their home country? Why don't these people stand up to be counted instead of running away from a problem and causing a problem to others? Why don't these Human rights courts address countries like Eritrea and Somalia regards the absence of the human rights of these escapees? Of course it is easier for these honourable gentlemen to flex their muscles against an EU country and get applauded by the leeches calling themselves NGOs than countries like Eritrea or Somalia.
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Many Scandinavians, including Swedes, live and work in Malta or visit us in their hundreds - if not thousands. We must not get the impression that these love the island without liking the population - as some seem to think. Most Swedes in Malta get along well with the Maltese and like to have Maltese friends. The fact that two Swedes in some entity abroad do not seem to understand the Maltese and Southern Europeans means nothing. I am sure that many Swedes read Malta Today can send in their positive opinions about Malta and the Maltese.
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Ma ninsewx li mill-Isvezja ghandna dil-farsa tal-akkuzi kontra Assange u l-fatt li WikiLeaks kixfu li s-servizzi sigrieti Svedizi, meta l-kontraparti tal-USA talbithom jirregolazziw l-informazzjoni li kienu qed jghaddu lill-USA minn taht, qalulhom li ahjar jibqghu jghadduhielhom bil-mohbi ghax il-Ministri u l-Parlamentari u l-Parlament u l-Poplu Svediz kienu kontra li dan isehh. Jien fihmtha li riedu jkomplu jiksur l-Kostituzzjoni Svediza; tassew ta' min jafdahom
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Ma ninsewx li mill-Isvezja ghandna dil-farsa tal-akkuzi kontra Assange u l-fatt li WikiLeaks kixfu li s-servizzi sigrieti Svedizi, meta l-kontraparti tal-USA talbithom jirregolazziw l-informazzjoni li kienu qed jghaddu lill-USA minn taht, qalulhom li ahjar jibqghu jghadduhielhom bil-mohbi ghax il-Ministri u l-Parlamentari u l-Parlament u l-Poplu Svediz kienu kontra li dan isehh. Jien fihmtha li riedu jkomplu jiksur l-Kostituzzjoni Svediza; tassew ta' min jafdahom
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First Hammarberg, then Maltstrom - both Swedes. We are not just a holiday island, you know, but have pride and courage. We must protect our tourism - which is our main source of livelihood. Scandinavians must not underestimate our determination. The PN at the time had resisted Hammarberg's suggestion that Malta & others take on board the prisoners of Guantanmo, Cuba. And the PN was right. PN ambassadors & leaders do promote the national interest too. The PL at the time seemed to agree with Hammarberg. At least one PL MEP declared more or less so [pls correct me if I am wrong]. If he did, this was certainly not in the national interest. Wrong is wrong!
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Well, Dr Joseph Licari's attitude seems to agree with that of the vast majority of Maltese who take no bull whether they are Nationalists or Labourites.[CF the tanker saga.] Thank God sometimes the Maltese agree on something! Some people think that a diplomat is supposed to bow & kneel to others continuously. Far from it!! It would be interesting to know more about this story.
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John Mifsud
After Ambassador Licari's recent forays in the local media, Malta Today felt it needed to dig up this in rather ridiculous attempt to discredit him. Now Amb. Licari, like all of us, may have his faults, but he is nobody's fool, and what he is saying makes a lot of sense. Thomas Hammarberg's (racial?) prejudices towards Southern Europeans in general and his hostility towards Malta in particular were well-known. He was also known for trying to have abortion on demand enshrined as a 'human right'.
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It is indeed regrettable that the former Maltese representative to the Council of Europe should pass these remarks. Unless he has solid incontrovertible evidence, Dr Licari should have kept his suspicions to himself. Accusing any court, let alone the ECHR, of bias and of manipulation is a very serious charge and borders the domain of contempt of court. I wonder what Dr Licari's agenda is but human rights have and will continue to evolve since the days of Iracil. J. Ellis.
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If Mr. Joseph Licari's statements, even if remotely reflects the truth, then one should find out why these NGOs are always prepared and ready to pounce on the Government whenever it tries to find a solution to the problem. The invasion of our shores by these immigrants is a problem to us today and will even present a bigger problem in the future if these NGOs persist in their behaviour towards the Government.
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Mr Carver do you ever considers this little country Right for existence? This country is just less then 20 miles and already overpopulated. How come you and other think that we can afford to house those thousands coming at every opportunity they find? I humble suggest that since America is soooooo big you can airlift those who are here presently and those that will arrive in the future. I am sure both Ms maelstrom and Mr Van Rompuy will be pleased to hear my suggestion and your acceptance.
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DWAR QORTI OHRA MINN NYT 2013-06-14: A judge at the United Nations war crimes tribunal in The Hague has exposed a deep rift at the highest levels of the court in a blistering letter suggesting that the court’s president, an American, pressured other judges into approving the recent acquittals of top Serb and Croat commanders. Frederik Harhoff of Denmark, raised serious questions about the credibility of the court, which was created in 1993 to address the atrocities committed in the wars in the former Yugoslavia. Judge Harhoff’s letter was made public Thursday, in the Danish newspaper Berlingske, Other lawyers agreed that the tribunal, which has pioneered new laws, is sending a new message to other armies: they do not need to be as frightened of international justice as they might have been four or five years ago. But until now, no judge at the tribunal had openly attributed the apparent change to the court’s current president. Theodor Meron, 83, a longtime legal scholar and judge. Judge Harhoff’s letter, dated June 6, was e-mailed to 56 lawyers, friends and associates; the newspaper did not say how it obtained a copy. In his letter, Judge Harhoff, 64, who has been on the tribunal since 2007, said that in two cases Judge Meron, a United States citizen who was formerly an Israeli diplomat, applied “tenacious pressure” on his fellow judges in such a way that it “makes you think he was determined to achieve an acquittal.” “Have any American or Israeli officials ever exerted pressure on the American presiding judge (the presiding judge for the court that is) to ensure a change of direction?” Judge Harhoff asked. “We will probably never know.” Other judges and lawyers were willing to speak, provided that their names were not used. By their accounts, a mini-rebellion has been brewing against Judge Meron, prompting some of the 18 judges of the International Criminal Tribunal for the Former Yugoslavia to group around an alternative candidate for the scheduled election for tribunal president this fall. Until now, Judge Meron had been expected to be re-elected. In earlier cases before the tribunal, a number of military or police officers and politicians were convicted of massacres and other war crimes committed by followers or subordinates on the principle that they had been members of a “joint criminal enterprise.” In contrast, three Serbian leaders and two Croatian generals who played key roles during the war were acquitted recently because judges argued that the men had not specifically ordered or approved war crimes committed by subordinates. Several senior court officials, while declining to discuss individual cases, said judges had been perturbed by unacceptable pressures from Judge Meron to deliver judgments before they were ready. After the only session to deliberate the acquittal that Judge Meron had drafted in the case of the two Croatian generals, one official said, the judge abruptly declined a request by two dissenting judges for further debate. In his letter, Judge Harhoff also said that Judge Michele Picard of France was recently rushed unduly and given only four days to write her dissent against the majority decision to acquit two Serbian police chiefs, Jovica Stanisic and Frank Simatovic. “She was very taken aback by the acquittal and deeply upset about the fast way it had to be handled,” said an official close to the case.
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DWAR QORTI OHRA MINN NYT 2013-06-14: A judge at the United Nations war crimes tribunal in The Hague has exposed a deep rift at the highest levels of the court in a blistering letter suggesting that the court’s president, an American, pressured other judges into approving the recent acquittals of top Serb and Croat commanders. Frederik Harhoff of Denmark, raised serious questions about the credibility of the court, which was created in 1993 to address the atrocities committed in the wars in the former Yugoslavia. Judge Harhoff’s letter was made public Thursday, in the Danish newspaper Berlingske, Other lawyers agreed that the tribunal, which has pioneered new laws, is sending a new message to other armies: they do not need to be as frightened of international justice as they might have been four or five years ago. But until now, no judge at the tribunal had openly attributed the apparent change to the court’s current president. Theodor Meron, 83, a longtime legal scholar and judge. Judge Harhoff’s letter, dated June 6, was e-mailed to 56 lawyers, friends and associates; the newspaper did not say how it obtained a copy. In his letter, Judge Harhoff, 64, who has been on the tribunal since 2007, said that in two cases Judge Meron, a United States citizen who was formerly an Israeli diplomat, applied “tenacious pressure” on his fellow judges in such a way that it “makes you think he was determined to achieve an acquittal.” “Have any American or Israeli officials ever exerted pressure on the American presiding judge (the presiding judge for the court that is) to ensure a change of direction?” Judge Harhoff asked. “We will probably never know.” Other judges and lawyers were willing to speak, provided that their names were not used. By their accounts, a mini-rebellion has been brewing against Judge Meron, prompting some of the 18 judges of the International Criminal Tribunal for the Former Yugoslavia to group around an alternative candidate for the scheduled election for tribunal president this fall. Until now, Judge Meron had been expected to be re-elected. In earlier cases before the tribunal, a number of military or police officers and politicians were convicted of massacres and other war crimes committed by followers or subordinates on the principle that they had been members of a “joint criminal enterprise.” In contrast, three Serbian leaders and two Croatian generals who played key roles during the war were acquitted recently because judges argued that the men had not specifically ordered or approved war crimes committed by subordinates. Several senior court officials, while declining to discuss individual cases, said judges had been perturbed by unacceptable pressures from Judge Meron to deliver judgments before they were ready. After the only session to deliberate the acquittal that Judge Meron had drafted in the case of the two Croatian generals, one official said, the judge abruptly declined a request by two dissenting judges for further debate. In his letter, Judge Harhoff also said that Judge Michele Picard of France was recently rushed unduly and given only four days to write her dissent against the majority decision to acquit two Serbian police chiefs, Jovica Stanisic and Frank Simatovic. “She was very taken aback by the acquittal and deeply upset about the fast way it had to be handled,” said an official close to the case.
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This Licari was an Ambassador? Funny, I was under the impression that an Ambassador's role is to exercise diplomacy and help untangle difficulties ,not create them.
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eleonoray86cws Ca?uana
It's not enough to "suspect" when making such serious allegations. Where is the evidence? Who is the person/s he's talking about? Unless he does so, this is just the bad blood between himself and Hammarberg
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The maltese have been suspecting this manipulation all along. Mr. Licari has only confirmed what we have been thinking long ago. The only sensible thing to do is that if he knows anything more concrete about this racket, he should reveal all to the authorities. Malta will be eternally grateful.
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The maltese have been suspecting this manipulation all along. Mr. Licari has only confirmed what we have been thinking long ago. The only sensible thing to do is that if he knows anything more concrete about this racket, he should reveal all to the authorities. Malta will be eternally grateful.