Human Rights Information Bulletin, No. 75 Council of Europe

Human ISSN 1608-9618 H/Inf (2009) 1 Rights Information Bulletin

No. 75, July-October 2008

Building a Europe for and with Children – Towards a strategy for 2009-2011

9-10 October 2008, Strasbourg 10 October 2008: European Day 8-10 September 2008, Stockholm Conference “Enhancing the impact of against the Death Penalty. This Day is A Seminar was organised on the the Framework Convention: past held on 10 October of each year. As theme “Towards European guidelines experience, present achievements and from October 2008, it is organised on child-friendly justice” in the future challenges” celebrating the 10th jointly with the European Union. framework of the Conference anniversary of the Framework “Building a Europe for and with Convention for the protection of Children – Towards a strategy for national minorities. 2009-2011”.

Human rights information bulletin

No. 75, July-October 2008

The Human rights information bulletin is published three times a year This issue published January 2009. Date of next issue: April 2009. ISSN: by the Directorate General of Human Rights and Legal Affairs, Council 1608-9618 (print edition) and 1608-7372 (electronic edition). Internet of Europe, F-67075 Strasbourg Cedex. address: http://www.coe.int/justice/.

Contents Treaties and conventions

Signatures and ratifications ...... 4

European Court of Human Rights

Grand Chamber judgments ...... 5 I. v. Finland, 11 Cuc Pascu v. Romania, 19 Yumak and Sadak v. Turkey, 5 The Georgian Labour Party v. Georgia, 11 Bogumil v. Portugal, 19 Korbely v. Hungary, 7 Vladimir Romanov v. Russia, 13 Moiseyev v. Russia, 20 Kovačić and Others v. Slovenia, 8 Liberty & Other Organisations v. the United Kingdom, 15 Petrina v. Romania, 21 Selected Chamber judgments . . . . . 9 Kononov v. Latvia, 15 Leroy v. France, 22 Chember v. Russia, 9 Religionsgemeinschaft der Zeugen Medvedyev and Others v. France, 10 Jehovas and Others v. Austria, 18 Kuznetsov and Others v. Russia, 23

Execution of the Court’s judgments

1035th HR meeting – General Main texts adopted at the 1035th Selection of Final Resolutions Information ...... 24 meeting, 25 (extracts) ...... 33

Interim resolutions ...... 33

Committee of Ministers

Situation in Georgia ...... 42 Replies from the Committee of State, religion, secularity and human Report by the Chairman of the Ministers to Parliamentary Assembly rights, and blasphemy, religious insults Committee of Ministers in view of the Recommendations [extracts] . . . . 47 and hate speech against persons on Informal Meeting of Ministers for Video surveillance of public areas, 47 grounds of their religion, 49 Foreign Affairs of the Council of Europe Disappearance of newborn babies for Rights of national minorities in (New York, 24 September 2008) illegal adoption in Europe, 47 Latvia, 50 [Extracts], 42 United Nations Security Council and Replies to Parliamentary Assembly Statements by Carl Bildt, Chairman European Union blacklists, 48 Written Questions ...... 51 of the Committee of Ministers . . . 47 Parliaments united in combating Judgment by the Turkish Constitutional domestic violence against women: mid- Secret detentions and illegal transfers of Court concerning the AKP Party, 47 term assessment of the campaign, 48 detainees in Europe, 51 Presidential elections in Azerbaijan, 47 Europe’s response to China’s human rights violations in Tibet, 52 The United States of America and international law, 52

1 Human rights information bulletin, No. 74 Council of Europe

Parliamentary Assembly

Evolution of human rights ...... 54 Jorge Pizarro calls on Assembly PACE Monitoring Committee remains Constitutional reform needs to be members to protect the human rights of concerned about the limited progress stepped up in Bosnia and immigrants, 55 with regard to the implementation of Resolutions 1609 and 1620, 56 Herzegovina, 54 PACE welcomes Serbia’s initiatives on PACE calls for independent Promoting a culture of democracy and minority rights but lists further steps, 55 international investigation into the war human rights through teacher Reunification of Cyprus: President between Georgia and Russia, 57 education, 54 Christofias and Mr Talat cannot afford Elections ...... 57 PACE calls for a convention to combat to fail, 55 PACE elects two new Vice-Presidents, 57 violence against women, 54 Proposed 42-day pre-charge detention PACE re-elects Dean Spielmann judge of Situation of human rights in Europe in the United Kingdom: PACE expresses the European Court of Human Rights 55 “serious doubts”, 55 with respect to Luxembourg, 57 European Social Charter

Signatures and ratifications . . . . . 58 Colloquy on the collective complaints Meetings on non-accepted provisions of procedure, 59 the Social Charter, 59 About the charter ...... 58 Meeting between the Chairman of Collective complaints: latest Ministers' Deputies, the Human Rights European Committee of Social developments ...... 60 Commissioner and Presidents of Rights (ECSR) ...... 58 Decisions on the merits, 60 monitoring bodies, 59 Conclusions, 58 Decisions on admissibility, 60 Colloquy on economic, social and Elections, 59 New collective complaints, 60 cultural rights – universality and Significant meetings ...... 59 indivisibility of human rights, 59 Publications ...... 61 Convention for the Prevention of Torture

European Committee for the Periodic visits ...... 63 18th General Report of the CPT . . 66 Prevention of Torture (CPT) . . . . . 62 Reports to governments folllowing Ad hoc visits ...... 62 visits ...... 64 European Commission against Racism and Intolerance (ECRI)

Country-by-country monitoring . 67 Work on integration from the ECRI’s Round Table in the Russian perspective of non-discrimination, 68 Federation, 68 Work on general themes ...... 68 General Policy Recommendations, 68 Relations with civil society ...... 68 Publications ...... 69 Framework Convention for the Protection of National Minorities

Conference ...... 70 Advisory Committee Opinions, 71 Advisory Committee visits ...... 74 International conference to assess the Follow-up Seminars ...... 74 protection of national minorities by the Second Monitoring Cycle ...... 72 European Framework Convention , 70 Advisory Committee Opinions, 72 Election of the Bureau of the Advisory Committee ...... 74 First Monitoring Cycle ...... 71 Opinion and Comments, 73 State Reports, 71 Committee of Ministers Resolutions, 74 Publications ...... 75 Law and policy

Intergovernmental co-operation in Improving the supervision of the Co-operation with the United the human rights field ...... 76 execution of Court’s judgments . 76 Nations ...... 77 Reflection on possible reforms to Protection of national minorities 76 Death penalty ...... 77 guarantee the long-term efficiency of Protection of human rights in the the European Court ...... 76 context of accelerated asylum Human Rights of Members of the procedures ...... 77 Armed Forces ...... 77

2 Council of Europe

Human rights co-operation and awareness

ECHR training and awareness- Training and awareness-raising Training and awareness-raising raising activities ...... 78 activities in the field of prisons and activities on human rights for civil police ...... 81 society representatives ...... 82 Training and awareness-raising activities in the field of media . . . 79 Legal co-operation

European Committee on Legal Co- Work on Children’s rights, 85 Work on Incapable Adults, 86 operation (CDCJ) ...... 85 Venice Commission

Democratic institutions and human Blasphemy, religious insult and Bjelic v. Monteengro and Serbia, 87 rights ...... 87 incitement to religious hatred, 87 Sejidic and Finci v. Bosnia and Amicus curiae briefs ...... 87 Herzegovina, 88 European human rights institutes

Austria/Autriche ...... 89 Centre de recherche sur les droits de Poland/Pologne ...... 103 Internationales Forschungszentrum für l’homme et le droit humanitaire Poznań Human Rights Centre Institute Grundfragen der Wissenschaften, 89 (CRDH), 95 of Legal Studies of the Polish Academy Institut de droit européen des droits de of Sciences, 103 European training and research centre l’homme, 97 for human rights and democracy Portugal ...... 105 Institut de formation en droits de (ETC), 90 Ius Gentium Conimbrigae (Institute of l’homme du barreau de Paris, 99 International Law and Co-operation Belgium/Belgique ...... 92 Germany/Allemagne ...... 100 with Portuguese-speaking states and Institut Magna Carta, 92 MenschenRechtsZentrum, 100 communities) / Human Rights Centre, 105 Finland/Finlande ...... 93 Greece/Grèce ...... 101 Marangopoulos Foundation for Human Spain/Espagne ...... 106 The Erik Castrén Institute of Rights (MFHR), 101 The Human Rights Institute of Catalonia International Law and Human Rights, 93 (IDHC), 106 Institute for Human Rights, 94 Italy/Italie ...... 102 International Institute of Humanitarian United Kingdom/Royaume-Uni . 108 France ...... 95 Law, 102 Human Rights Law Centre, 108

3 Treaties and conventions

Signatures and ratifications

European Social Charter 2008 and Switzerland on 8 September 2008, and ratified by Montenegro on 30 July 2008. The European Social Charter (revised) was ratified by Bosnia and Herzegovina on Convention on the Protection of 7 October 2008. Children against Sexual Exploitation and Sexual Abuse Convention on Action against The Convention on the Protection of Children Trafficking in Human Beings against Sexual Exploitation and Sexual Abuse The Convention on Action against Trafficking was signed by Estonia on 17 September 2008 in Human Beings was signed by Spain on 9 July and Monaco on 22 October 2008.

Internet: http://conventions.coe.int/

4 Signatures and ratifications European Court of Human Rights

The judgments summarised below constitute a small selection of those delivered by the Court. More extensive information can be found in the HUDOC database of the case-law of the European Convention on Human Rights.

The summaries of cases presented here are produced for the purposes of the present Bulletin, and do not engage the responsibility of the Court.

The procedure of joint ex- Court’s case-load statistics (provi- • 458 (519) applications declared • 1 073 (1 091) applications struck amination of admissibil- sional) between 1 July and admissible, of which 438 (498) off the list. ity and merits under 31 October 2008: in a judgment on the merits and The figure in parentheses reflects Article 29 §3 of the Con- • 479 (548) judgments delivered 20 (21) in a separate decision the fact that a judgment/decision vention is now used fre- • 9 943 (9 954) applications de- may concern more than one appli- quently. Separate clared inadmissible cation. admissibility decisions are only adopted in more complex cases. This facilitates the processing of applications, doing away Internet: HUDOC database: http://hudoc.echr.coe.int/ with one procedural step.

Grand Chamber judgments

The Grand Chamber (17 judges) deals with cases that raise a serious question of interpretation or application of the Convention, or a serious issue of general importance. A chamber may relinquish jurisdiction in a case to the Grand Chamber at any stage in the procedure before judgment, as long as both parties consent. Where judgment has been delivered in a case, either party may, within a period of three months, request referral of the case to the Grand Chamber. Where a request is granted, the whole case is reheard.

Yumak and Sadak v. Turkey

Article 3 of Protocol No. 1 Judgment of 8 July 2008. Concerns: allegation that the electoral threshold of 10% interfered with the (no violation) free expression of the opinion of the people.

Principal facts a result of the ballot, DEHAP ob- Party), which obtained 14.05% of tained approximately 45.95% of the the vote (14 460 votes), and the Mehmet Yumak and Resul Sadak vote (47 449 votes) in Şırnak prov- third by an independent candidate, are Turkish nationals who were ince, but did not secure 10% of the Mr Tatar, who obtained 9.69% of born in 1962 and 1959 respectively vote nationally. However, the appli- the vote (9 914 votes). and live in Şırnak (Turkey). cants were not elected, in accord- Of the 18 parties which had taken The applicants complained that ance with Section 33 of Law part in the elections, only two suc- they had not been elected to Parlia- No. 2839 on the election of ceeded in passing the 10% threshold ment in 2002 because of the elec- members of the National Assembly, and thus obtaining seats in Parlia- toral threshold of 10% imposed which states that “parties may not ment. One of them, which had nationally. win seats unless they obtain, na- polled 34.26% of the votes cast, won The applicants stood in the parlia- tionally, more than 10% of the votes 66% of the seats, while the other mentary elections of November validly cast”. Consequently, of the obtained 33% of the seats, having 2002 as candidates for the political three parliamentary seats allotted to polled 19.4% of the votes. Nine in- party DEHAP (Democratic People’s Şırnak province, two were f illed by dependent candidates were also Party) in the province of Şırnak. As the AKP (Justice and Development elected.

Yumak and Sadak v. Turkey 5 Human rights information bulletin, No. 75 Council of Europe

The National Assembly which A hearing was held in public in the the Court emphasised the irreplace- emerged from the elections was the Human Rights Building on 21 No- able contribution made by parties least representative since the multi- vember 2007. to political debate. It noted, how- party system was first introduced. Judgment was given by the Grand ever, that this method was not inef- The proportion of voters not repre- Chamber of 17 judges. fective in practice, as the 2007 sented reached approximately 45% elections had shown, and that the and the abstention rate exceeded Decision of the Court fact that independents were not re- 20%. To explain this lack of repre- quired to reach any threshold had sentativeness, some commentators The Court considered that the elec- greatly facilitated the adoption of referred to the cumulative effect of a toral threshold of 10% imposed na- that electoral strategy. The other number of factors over and above tionally for the representation of possibility was to form an electoral the high national threshold, such as political parties in Parliament con- coalition with other political the protest-vote phenomenon stituted interference with the appli- groups, a strategy which had pro- linked to the economic and political cants’ electoral rights. The duced tangible results, particularly crises forming the background to threshold pursued the legitimate in the 1991 and 2007 elections. the elections. aim of avoiding excessive and debil- itating parliamentary fragmenta- Admittedly, since about 14.5 million In the parliamentary elections of tion and thus of strengthening votes had been cast in the Novem- July 2007, political parties used two governmental stability. ber 2002 elections for candidates who were not elected to Parliament, electoral strategies to circumvent The Court observed that the na- these electoral strategies could have the national threshold, one being to tional 10% threshold was the only a limited effect. However, the take part in the poll under the highest of all the thresholds applied 2002 elections had taken place in a banner of a different party, the in the member states of the Council crisis climate with many different other to put candidates forward as of Europe. Only three other causes (economic and political independents (to whom the thresh- member states had opted for high crises, earthquakes), and the repre- old does not apply). Thus, 13 thresholds (7% or 8%). A third of sentation def icit observed after members of parliament were the states imposed a 5% threshold those elections could have been elected on behalf of another party and 13 of them had chosen a lower partly contextual in origin and not and then resigned, rejoining their figure. original party. There was also an in- solely due to the high national The Court also attached importance crease in the number of independ- threshold. The Court noted that this to the views of the Council of ent candidates elected to was the only occasion since 1983 Europe bodies which agreed that Parliament. when the proportion of votes for the level of the Turkish national candidates not elected to Parlia- threshold was exceptionally high ment had been so high. Complaint and had called for it to be lowered. Accordingly, the political parties af- It noted, however, that the effects of The applicants alleged that the elec- fected by the threshold had an electoral threshold could differ toral threshold of 10% imposed na- managed in practice to develop from one country to another and tionally for parliamentary elections strategies to attenuate some of its that the role played by thresholds interfered with the free expression effects, although such strategies varied in accordance with the level of the opinion of the people in the also ran counter to one of the at which they were set and the party choice of the legislature. They relied threshold’s declared aims, that of system in each country. A low on Article 3 of Protocol No. 1 (right avoiding parliamentary fragmenta- threshold excluded only very small to free elections). tion. groupings, making it more difficult to form stable majorities, whereas The Court also attached importance Procedure in cases where the party system was to the role of the Constitutional highly fragmented a high threshold Court. Its efforts in seeking to The application was lodged with the prevent any excessive effects of the European Court of Human Rights deprived a large proportion of voters of representation. threshold by striking a balance on 1 March 2003 and declared partly between the principles of fair repre- The variety of situations provided admissible on 9 May 2006. A sentation and governmental stabil- for in the member states’ electoral hearing on the merits took place in ity provided a guarantee designed to legislation illustrated the diversity public in the Human Rights Build- stop the threshold impairing the of the possible options. It also ing, Strasbourg, on 5 September essence of the right enshrined in showed that the Court could not 2006. In a Chamber judgment of Article 3 of Protocol No. 1. 30 January 2007 the Court held by assess a particular threshold f ive votes to two that there had without taking into account the In conclusion, the Court considered been no violation of Article 3 of Pro- electoral system of which it formed that in general a 10% electoral tocol No. 1. a part, although it could accept that threshold appeared excessive, and a threshold of about 5% corre- concurred with the views of the On 9 July 2007 a request by the ap- sponded more closely to the Council of Europe bodies which had plicants for the case to be referred member states’ common practice. recommended lowering it. Such a to the Grand Chamber under However, any electoral system must threshold compelled political Article 43 of the Convention was ac- be assessed in the light of the coun- parties to make use of stratagems cepted. try’s political evolution. The Court which did not contribute to the Minority Rights Group Interna- therefore considered that it should transparency of the electoral pro- tional, a non-governmental organi- examine the correctives and other cess. sation based in London, was safeguards in place in the Turkish In the present case, however, the authorised to intervene in the system in order to assess their ef- Court was not persuaded that, written proceedings under fects. having regard to the specif ic politi- Article 36 §2 of the Convention As regards the possibility of stand- cal context of the elections in ques- (third-party intervention). ing as an independent candidate, tion, and to the correctives and

6 Grand Chamber judgments Council of Europe European Court of Human Rights

other safeguards which had limited cants’ rights under Article 3 of Pro- Judges Tulkens, Vajić, Jaeger and its effects in practice, the impugned tocol No. 1. There had therefore Šikuta expressed a joint dissenting 10% threshold had had the effect of been no violation of that provision. opinion. impairing the essence of the appli-

Korbely v. Hungary

Article 7 (violation) Judgment of 19 September 2008. Concerns: conviction in respect of an act which had not constituted a criminal offence at the time it was committed.

Principal facts applicant submitted that he had as a crime against humanity. It thus been convicted in respect of an act concluded that it was open to ques- The case concerned an application which had not constituted a crimi- tion whether the constituent ele- brought by a Hungarian national, nal offence at the time it was comments of a crime against humanity János Korbely, who was born in 1929 mitted. had been satisfied in the applicant’s and lives in Szentendre (Hungary). case. The applicant is a retired military officer who was serving a sentence Procedure In convicting the applicant, the in Budapest Prison when the appli- The application was lodged with the Hungarian courts had found that cation was lodged. European Court of Human Rights Tamás Kaszás, who was killed in the incident in question, had been a In 1994 the Budapest Military on 20 January 2002. On 3 May 2007 non-combatant for the purposes of Public Prosecutor’s Office indicted the Chamber to which the case had common Article 3, the protection of the applicant for his participation in been allocated relinquished juris- which extended notably to “persons the quelling of a riot in Tata during diction in favour of the Grand taking no active part in the hostili- the 1956 revolution. He was charged Chamber, under Article 30 of the ties, including members of armed with having commanded, as cap- Convention. forces who have laid down their tain, a 15-strong squad in an assign- A hearing took place in public in the arms”. ment, on 26 October 1956, to regain Human Rights Building, Strasbourg, control of the Tata Police Depart- on 4 July 2007. Tamás Kaszás had been the leader of an armed group of insurgents ment building, which had been Judgment was given by the Grand who, after committing other violent taken over by insurgents, and with Chamber of 17 judges. having shot, and ordered his men to acts, had taken control of the police shoot, at civilians. Several people Decision of the Court building and seized the police off ic- died or were injured in the incident. ers’ weapons. He had therefore taken an active part in the hostili- On 29 May 1995 the Military Bench Article 7 ties. The Court found it to be crucial of the Budapest Regional Court dis- Observing that the applicant’s act, that, according to the Hungarian continued the criminal proceedings at the time it was committed, had courts’ findings, Tamás Kaszás had against the applicant, holding that constituted an offence def ined with been secretly carrying a handgun, a the offences with which he was sufficient accessibility, the Court fact which he had not revealed charged constituted homicide and examined whether it had been fore- when confronted with the appli- incitement to homicide, rather than seeable that the act in respect of cant. Once it had become known crimes against humanity, and that which he had been convicted would that he was armed, he had not such offences, even if proven, were be classified as a crime against hu- clearly signalled his intention to statute-barred. The prosecution ap- manity. It noted that in f inding the surrender. Instead, he had em- pealed against that decision, which applicant guilty, the Hungarian barked on an animated quarrel with was quashed by the Supreme courts had essentially relied on the applicant, and had then drawn Court’s appeal bench. common Article 3 of the Geneva his gun with unknown intentions. It On 7 May 1998 the Military Bench Conventions, which – in the view of was precisely in the course of that of the Budapest Regional Court, the Hungarian Constitutional Court act that he had been shot. In the after examining the case afresh, dis- – characterised the conduct referred light of the commonly accepted continued the criminal proceedings to in that provision as “crimes international-law standards appli- in a decision that was upheld by the against humanity”. cable at the time, the Court was not Supreme Court’s appeal bench on 5 The Court noted that murder satisfied that Tamás Kaszás could November 1998. Those decisions be said to have laid down his arms were quashed following a review. within the meaning of common Article 3 could have provided a basis within the meaning of common The applicant was eventually con- for a conviction for crimes against Article 3. Lastly, the Court did not victed of multiple homicide consti- humanity committed in 1956. How- accept the government’s argument tuting a crime against humanity ever, other elements also needed to that the applicant’s conviction had and was sentenced to f ive years’ im- be present for that classification to not been primarily based on his re- prisonment. The judges relied on apply. Such additional require- action to Tamás Kaszás’s drawing Article 3 (1) of the Geneva Conven- ments derived not from common his handgun, but on his having tion of 1949. Mr Korbely began Article 3 but from the international shot, and ordered others to shoot, at serving his sentence on 24 March law elements inherent in the notion a group of civilians. 2003 and on 31 May 2005 he was of crime against humanity at that The Court therefore considered that conditionally released. time. The Court observed that the Tamás Kaszás had not fallen within domestic courts had not deter- any of the categories of non- Complaints mined whether the killing had met combatants protected by common Relying in particular on Article 7 the additional criteria without Article 3. Consequently, that provi- (no punishment without law), the which it could not be characterised sion could not reasonably have

Korbely v. Hungary 7 Human rights information bulletin, No. 75 Council of Europe formed a basis for a conviction for Article 6 Judges Lorenzen, Tulkens, Za- crimes against humanity in the ap- grebelsky, Fura-Sandström and plicant’s case in the light of the rel- In the light of its finding of a viola- Popović expressed a joint dissenting evant international-law standards tion of Article 7, the Court did not opinion and Judge Loucaides a dis- at the time. The Court concluded consider it necessary to examine the senting opinion. that there had been a violation of applicant’s complaint that the pro- Article 7. ceedings in his case had been unfair.

Kovačić and Others v. Slovenia

Judgment of 3 October 2008. Concerns: alleged violation of Article 1 of Protocol No. 1 in the context Article 1 of Protocol No. 1; Article 14. Struck of currency transactions. out of list.

Principal facts Slovenian State. Conversely, the drawing foreign currency which Slovenian Government took the they had deposited with “the The applicants are three Croatian view that they should be divided Ljubljana Bank – Zagreb Main nationals: Ivo Kovačić (now de- among the successor states to the Branch” before the dissolution of ceased), who was born in 1922 and SFRY under the state succession ar- the SFRY. Mr Kovačić also com- lived in Zagreb; Marjan Mrkonjić, rangements. plained that he had been a victim of who was born in 1941 and lives in On 29 June 2001 Bosnia and Herze- discrimination in relation to the en- Zurich; and Dolores Golubović joyment of his property rights, con- (now deceased), who was born in govina, Croatia, the Federal Repub- lic of Yugoslavia, “the former trary to Article 14 of the 1922 and lived in Karlovac (Croatia). Convention. Mr Kovačić’s and Ms Golubović’s Yugoslav Republic of Macedonia” and Slovenia signed the Vienna applications have been taken up by Procedure their heirs with the Court’s agree- Agreement on Succession Issues, ment. which entered into force on 2 June The applications were lodged with 2004. the European Court of Human The applications concern the freez- Rights on 17 July 1998, 2 June 1997 ing of the applicants’ hard-currency In 2004 the Parliamentary Assem- and 24 December 1998 respectively. savings accounts at the Zagreb bly of the Council of Europe office of a Slovenian bank, the adopted Resolution 1410 (2004) con- The Croatian Government had exer- Ljubljana Bank (Ljubljanska cerning “Repayment of the deposits cised its right to intervene (Article banka), prior to the dissolution of of foreign exchange made in the 36 § 1 of the Convention and Rule 44 the Socialist Federal Republic of Yu- offices of the Ljubljanska Banka not § 1 (b)). goslavia (SFRY) in 1991. on the territory of Slovenia, 1977- A hearing on the admissibility and 1991”. Among its suggestions, it con- merits took place in public in the The applicants and their relatives sidered that “the matter of compen- Human Rights Building, Strasbourg, had previously deposited foreign sation for so many thousands of on 9 October 2003. After the delib- currencies in savings accounts with individuals would best be solved erations, which were held in private, the Ljubljana Bank’s Zagreb office politically, between the successor the Court unanimously declared (in Croatia). Some of the applicants states …”. the applications admissible. In its and their relatives also held term Chamber judgment of 6 November accounts which matured in the late In 2003, 42 account holders, includ- 2006, the Court unanimously 1980s and early 1990s. The system in ing Mr Kovačić and Mr Mrkonjić, decided to strike out the case on the operation at the time was that lodged applications in Croatia for grounds that two of the applicants foreign-currency deposits at SFRY the seizure and sale of real estate had received payment in full of their commercial banks were transferred owned by the Ljubljana Bank there. foreign-currency deposits and that to the National Bank of Yugoslavia This resulted in the Zagreb Main it was still open to the third appli- in Belgrade (NBY). Foreign- Branch’s assets being liquidated. On cant to bring proceedings in currency accounts earned interest 20 July 2005 Mr Kovačić and Croatia. at rates of 10% or even higher and Mr Mrkonjić received payment of were guaranteed by the SFRY. their savings deposits in full to- The case was referred to the Grand gether with their legal costs. Chamber in accordance with However, as an emergency response Article 43 of the Convention (refer- to the hyper-inflation suffered by Ms Golubović did not bring pro- ral to the Grand Chamber) at the the SFRY in the 1980s, the with- ceedings in Croatia to recoup her applicants’ request. A hearing took drawal of foreign currency was pro- foreign currency savings. However, place in public in the Human Rights gressively restricted by legislation in 2007 her heir brought an action Building, Strasbourg, on 14 Novem- and in 1988 the Ljubljana Bank in the Croatian courts for the recov- ber 2007. Judgment was given by froze all its foreign-currency ac- ery of her foreign-currency savings the Grand Chamber of 17 judges. counts. Almost all the applicants’ accounts plus interest. The proceedings are still pending in the Zagreb attempts to withdraw the money Decision of the Court from their accounts failed. Municipal Court. The applicants and the Croatian Complaints Article 1 of Protocol No. 1 Government considered that since taken alone and in 1991, the year Slovenia and Croatia The applicants complained of a vio- became independent, liability for lation of Article 1 of Protocol No. 1 conjunction with Article 14 the debts owed to the customers of (protection of property) to the Eu- It was noted as a preliminary point the Croatian branch of the ropean Convention on Human that the applicants, the respondent Ljubljana Bank should have been Rights in that they had been pre- government and the intervening assumed by that bank or by the vented by Slovenian law from with- government had in effect requested

8 Grand Chamber judgments Council of Europe European Court of Human Rights

the Court to go into a number of ferent levels, with a view to reaching The Court noted in that respect that issues pertaining to the circum- an agreement on the solution of the Mrs Golubović’s heir had recently stances of the break-up of the SFRY, issues which remained unsettled. It brought proceedings in Croatia its banking system and those of the called on the states concerned to with a view to recovering his late successor states and the redistribu- proceed with these negotiations as a aunt’s foreign-currency savings tion of liability for old foreign-cur- matter of urgency, with a view to with interest. These proceedings are rency savings among the successor reaching an early resolution of the now pending before the Zagreb Mu- states of the SFRY. problem. nicipal Court. The Court observed at the outset The Court noted that it was The Court found no justification for that it had received applications common ground that Mr Kovačić’s continuing with the examination of against all of the SFRY successor heirs and Mr Mrkonjić had received a case where proceedings were si- States Parties to the Convention the full amount of their foreign- multaneously pending in a court of from applicants who had been af- currency deposits plus accrued in- a Contracting Party to recover fected by these matters. Several terest. As regards them, the matter foreign-currency deposits which thousand such applications were had therefore been resolved. were the very subject-matter of the currently pending. Even though application. such issues fell within the Court’s The Court further noted the special jurisdiction as defined in Article 32 circumstances of Mrs Golubović’s Being satisfied that respect for of the Convention, the Court could case, which were the consequence human rights as defined in the Con- only subscribe to the view of the of the break-up of the SFRY, its vention and its Protocols did not Parliamentary Assembly in Resolu- banking system and, ultimately, the require it to continue the examination 1410 (2004) that the matter of redistribution of liability for old tion of the applications, it decided compensation for so many thou- foreign-currency savings among the to strike the cases out of the list. sands of individuals had to be successor states of the SFRY. In such solved by agreement between the a context, the Court considered that The Court made no award for costs successor states. In that respect, the claimants could reasonably be ex- and expenses. Court noted that several rounds of pected to seek redress in fora in one negotiations had already been held of the successor states where other Judge Ress expressed a concurring between the successor states, at dif- claimants had been successful. opinion.

Selected Chamber judgments

Chember v. Russia

Articles 3 and 13 (viola- Judgment of 3 July 2008. Concerns: the applicant complained that he was subjected to inhuman and tions) degrading treatment and punishment during his military service.

Principal facts charged from military service on riors had never been guilty of abuse medical grounds. of power against him. The applicant, Yevgeniy Vitalyevich In April 2003 Shakhty Town Court Chember, is a Russian national who The applicant’s mother complained dismissed the applicant’s claim for was born in 1982 and lives in to the military authorities. A crimi- damages on the ground that no nal inquiry was launched and state- Shakhty (Russia). He was diagnosed finding of guilt had been estab- with a second-degree disability in ments were taken from the lished in the criminal inquiry. The August 2001. applicant’s commanders and fellow applicant’s appeal was dismissed for servicemen, who confirmed his the same reasons. The case concerned Mr Chember’s claim that he suffered from a recur- In the meantime, the applicant’s complaint that, during his military rent knee problem and was treated mother complained to a higher mil- service, he was ordered to do exces- on several occasions in the com- itary prosecutor, who replied that sive exercise which has left him dis- pany’s medical unit. In particular, her complaint could not be exam- abled. Lieutenant D. stated that, due to the ined until such time as the town applicant’s condition, he had ex- In December 2000 the applicant, court returned the documents from empted him from physical exercise declared fit, was called up to do two the inquiry. The applicant has re- and squad drill. years’ military service. ceived no further information con- In February 2001 he was transferred Following that inquiry, the Caspian cerning that complaint. to the 7th company of a military Fleet Prosecutor’s Off ice decided in The applicant’s attempts to claim a unit in Astrakhan (Russia). In May 2001 that no criminal proceed- military pension have been rejected March 2001, as punishment for not ings would be brought against Lieu- as the authorities maintained that cleaning the barracks adequately, tenant D. or Junior Sergeant Ch. as the applicant’s disability was caused he was ordered by Junior Sergeant it found that no criminal offence by a chronic condition from which Ch., in the presence of Lieutenant had been committed. It referred, in he had suffered since childhood but D., to do 350 knee bends. He col- particular, to the fact that all the with which he had first been diag- lapsed during the exercise and was servicemen of the applicant’s nosed as a conscript. Therefore taken to hospital. Diagnosed with a company had been questioned and there was no proof that he had actu- spinal injury, he can no longer walk had stated that Private Chember ally injured his spine during his mil- properly and in June 2001 was dis- had not been harassed and his supe- itary service.

Chember v. Russia 9 Human rights information bulletin, No. 75 Council of Europe

Decision of the Court of the applicant had been commis- sary or required following the town sioned and no reference had been court’s judgment. made to any other medical docu- Article 3 Given those shortcomings, the ment the applicant could have ob- Court found that the Russian au- Concerning the ill-treatment tained. The only named witnesses thorities’ inquiry into the appli- mentioned in the decision of May The Court reiterated that, even cant’s allegations of ill-treatment 2001 had been the commanders though challenging physical exer- had not been thorough, adequate or against whom the applicant had cise might be part and parcel of mil- efficient, in further violation of made his complaint, Lieutenant D. itary discipline, it should not Article 3. endanger the health and well-being and Junior Sergeant Ch. The other of conscripts or undermine their witnesses had not been identified human dignity. by name or rank and even their Article 13 exact number was uncertain. The The Court noted that the applicant government had submitted three The Court reiterated that the crimi- was subjected to forced physical ex- servicemen’s statements whereas nal investigation had been ineffec- ercise to the point of collapse and the inquiry had referred to “all the tive and that the effectiveness of any that the resulting injury had had servicemen of the 7th company”, other remedy that might have long-term damage to his health. It some 100 individuals. Indeed, those existed had consequently been was obvious from the statements soldiers who could have been eye- undermined. That was illustrated made during the domestic inquiry witnesses to the alleged ill- by the fact that the domestic courts, that, despite having been fully treatment had not been questioned simply endorsing the investigator’s aware of the applicant’s specif ic at all. Moreover, the applicant had opinion without having assessed health problems and having ex- not been heard in person and his the facts of the case, had dismissed empted him from physical exercise version of events had not even been the applicant’s claim for damages. and squad drill, his commanders mentioned in the decision to not had forced him to do precisely the The Court also noted a peculiar bring criminal proceedings. He had kind of exercise which had put great feature of Russian criminal law therefore not been able to formally strain on his knees and spine. The which had made the possibility of claim the status of a victim or exer- severity of that punishment could lodging a civil claim for damages cise his procedural rights. not be accounted for by any discipli- conditional on the grounds on which the criminal proceedings had nary or military necessity. The Finally, the Court noted that the ap- been discontinued. Therefore, the Court therefore considered that plicant had been caught up in a decision not to bring criminal pro- that punishment had been deliber- vicious circle of shifted responsibil- ceedings against the applicant’s ately calculated to cause the appli- ity where no domestic authority commanders on the ground that no cant intense physical suffering. had reviewed or remedied the offence had been committed had Accordingly, it found that the appli- shortcomings of the inquiry. The debarred the applicant from suing cant had been subjected to town court, without an independ- the military staff for damages in a inhuman punishment, in violation ent review, had simply based its civil court. of Article 3. judgment on the findings in the Concerning the inadequacy of military authorities’ decision. The The Court therefore concluded that supervising military prosecutor had the applicant had been denied an the investigation then failed to respond to the com- effective remedy in respect of his The Court found that the domestic plaint lodged by the applicant’s complaint of ill-treatment during inquiry had not been sufficiently mother as he considered that a re- his military service, in violation of thorough. No medical examination sponse had no longer been neces- Article 13.

Medvedyev and Others v. France

Judgment of 10 July 2008. Concerns: the applicants claimed to have been the victims of an arbitrary Article 5 §1 (violation); Article 5 § 3 (no violation) deprivation of liberty on account of being detained on board the Winner for 13 days under the surveillance of the French armed forces. They also complained that they had waited 15 to 16 days to be brought before “a judge or other officer authorised by law to exercise judicial power”.

Principal facts As part of an international opera- armed forces, then in police custody tion against drug trafficking, the – two days for some of them, three The applicants are Oleksandr French authorities were informed days for the others – on their arrival that the ship was likely to be carry- Medvedyev and Borys Bilenikin, in Brest. Relying on Article 5 § 1 ing significant quantities of narcot- Ukrainian nationals, Nicolae Bala- (right to liberty and security), they ics. In consequence, the maritime ban, Puiu Dodica, Nicu Stelian complained that that deprivation of authorities apprehended it on the liberty had been unlawful, particu- Manolache and Viorel Petcu, Ro- high seas, in the waters off Cap larly in the light of international manian nationals, Georgios Boreas, Verde, then towed it to Brest a Greek national, and Sergio harbour (France). The applicants law. Under Article 5 § 3 (right to Cabrera Leon and Guillermo Luis claimed to have been the victims of liberty and security), they also com- Eduar Sage Martinez, Chilean na- an arbitrary deprivation of liberty plained that they had waited 15 to 16 tionals. They were crew members of on account of being detained on days to be brought before “a judge the Winner, a cargo vessel flying the board the Winner for 13 days under or other off icer authorised by law to flag of Cambodia. the surveillance of the French exercise judicial power”.

10 Selected Chamber judgments Council of Europe European Court of Human Rights

Decision of the Court there had been a violation of Article concluded, by four votes to three, 5 § 1. that there had not been a violation Article 5 § 3 of Article 5 § 3. It held that the Article 5 § 1 However, considering that the finding of a violation constituted in length of that deprivation of liberty itself sufficient just satisfaction for The Court concluded that the appli- had been justified by the “wholly the non-pecuniary damage sus- cants had not been deprived of their exceptional circumstances” of the tained by the applicants, and liberty in accordance with a proce- case, in particular the inevitable awarded them EUR 5 000 jointly for dure prescribed by law and conse- delay entailed by having the costs and expenses. (The judgment quently held, unanimously, that Winner tugged to France, the Court is available only in French.)

I. v. Finland

Article 8 (violation) Judgment of 17 July 2008. Concerns: the case concerned the applicant’s allegation that, following certain remarks made at work at the beginning of 1992, she suspected that colleagues had unlawfully consulted her confidential patient records and that the district health authority had failed to provide adequate safeguards against unauthorised access of medical data.

Principal facts leagues had unlawfully consulted tic authorities’ failure to protect, at her confidential patient records the relevant time, the applicant’s The applicant, I., is a Finnish na- and that the district health author- patient records against unauthor- tional who was born in 1960 and ity had failed to provide adequate ised access. The Court further held lives in Finland. safeguards against unauthorised unanimously that there was no Between 1989 and 1994 the appli- access of medical data. She relied on need to examine the complaints cant worked on f ixed-term con- Article 8 (right to respect for private under Articles 6 and 13. The appli- tracts as a nurse in a public hospital. life), Article 6 § 1 (right to a fair cant was awarded EUR 5 771.80 in From 1987 onwards she consulted hearing) and Article 13 (right to an respect of pecuniary damage, EUR that hospital’s polyclinic for infec- effective remedy). 8 000 in respect of non-pecuniary tious diseases as she had been diag- damage and EUR 20 000 for costs nosed as HIV-positive. Decision of the Court and expenses. (The judgment is The case concerned the applicant’s available only in English.) allegation that, following certain The Court held unanimously that remarks made at work at the begin- there had been a violation of ning of 1992, she suspected that col- Article 8 on account of the domes-

The Georgian Labour Party v. Georgia

Article 3 of Protocol No. 1 Judgment of 8 July 2008. Concerns: the applicant party complained about the conduct of the parlia- (no violation) on account of the introduction of a mentary election on 28 March 2004. In particular, it challenged the rules on the composition of elec- new system of voter reg- toral rolls. The applicant party further complained that it was deprived of its chance to win istration; Article 3 of Protocol No. 1 parliamentary seats because the general election results were finalised without a vote having been (no violation) on account held in two electoral districts. of the composition of the electoral commissions at vember 2003 (the so-called “Rose presidential election. The applicant the relevant time; Principal facts Revolution”). President Shevard- party applied to the Supreme Court Article 3 of Protocol No. 1 The Georgian Labour Party is a po- nadze resigned and the Supreme to have the election results an- (violation) on account of litical party based in Tbilisi. Court of Georgia annulled the pro- nulled, but in vain. the disfranchisement of portional representation results of the Khulo and Kobuleti On 2 November 2003 a general par- For the parliamentary election, the the general election. It was subse- voters; liamentary election was held in CEC adopted another decree requir- quently decided to hold a presiden- Article 14 taken in con- Georgia. Its outcome was to be ing electoral precincts to publish tial election on 4 January 2004 and junction with Article 3 of decided according to two voting preliminary lists of voters and oblig- a re-run of the parliamentary elec- Protocol No. 1 (no viola- systems, majority voting and pro- ing voters to go there to check that tion was ultimately scheduled for tion) portional representation. The Geor- their names were on the lists and gian Labour Party obtained 12.04% 28 March 2004. make a request for any correction. of the votes cast under proportional The Central Electoral Commission According to the applicant party, on representation, which corre- (CEC) adopted a number of decrees the eve of the parliamentary elec- sponded to 20 of the 150 seats in in December 2003 requiring voters tion, the new President of Georgia, Parliament reserved for candidates to go to electoral precincts and fill Mikhail Saakashvili, told the media from party lists. out special forms in order to vote in that he would not allow the Labour Demonstrators protesting that the the presidential election. The Geor- Party to be included in the new Par- elections had been rigged and gian Labour Party and other oppo- liament. calling for the resignation of Geor- sition parties unsuccessfully Following various complaints filed gian President Eduard Shevard- challenged the lawfulness of those with the CEC about voting irregu- nadze disrupted the newly-elected rules in court. The Georgian Labour larities in the general election on Parliament’s f irst session on 22 No- Party fielded no candidate in the 28 March in the Kobuleti and Khulo

I. v. Finland 11 Human rights information bulletin, No. 75 Council of Europe electoral districts in the Autono- in the context of one system could cient checks and balances against mous Republic of Ajaria, the CEC be justified in the context of an- the President’s power and that the annulled the results for those two other. In the present case, the elec- commissions could hardly enjoy in- districts by an Ordinance of 2 April toral authorities had had the dependence from outside political 2004. They gave no relevant and challenge of remedying manifest pressure. However, in the absence of sufficient reasons for that decision. shortcomings in the electoral rolls any proof of particular acts of abuse The CEC set 18 April 2004 as the within very tight deadlines, in a of power or electoral fraud commit- date for a new vote. On the day, “post-revolutionary” political situa- ted within the electoral commis- however, the polling stations in the tion. Consequently, the unexpected sions to the applicant party’s Khulo and Kobuleti districts failed change in the rules on voter regis- detriment, no breach of the latter’s to open, which deprived around tration one month before the repeat right to stand for election could be 60 000 people of their vote. parliamentary election of 28 March established. The same day, the CEC announced 2004 was, in the very specific cir- There had accordingly been no vio- the results of the 28 March election; cumstances of the situation, a solu- lation of Article 3 of Protocol No. 1 1 498 012 votes had been cast and tion not open to criticism under in that respect. the applicant party had received Article 3 of Protocol No. 1. 6.01% of the vote, which was not As to whether or not the active Concerning the enough to clear the 7% threshold system of voter registration, which disfranchisement of the Khulo needed to obtain seats in Parlia- partly shifted responsibility for the and Kobuleti voters ment. accuracy of electoral rolls from the The Court considered that the authorities onto the voters, was The applicant’s representative, as Khulo and Kobuleti voters’ inability compatible with the Contracting one of the 15 members of the CEC, to participate in the repeat parlia- States’ positive obligation to ensure had objected to the finalisation of mentary election held under the the free expression of the opinion of the election results, arguing that proportional system had to be ques- the people, the Court considered the CEC could not lawfully end a tioned under the principle of uni- that the Georgian State should be national election without first versal suffrage. It therefore had to granted a wide margin of apprecia- having held an election in the Khulo examine whether the state authori- tion in that regard. and Kobuleti districts. The CEC ties had done everything that could chairperson had replied that the The Georgian State was not alone in reasonably have been expected of fact that the polling stations had opting for such a system of voter them in order to ensure the inclu- not opened in those districts was registration: several Western Euro- sion of Khulo and Kobuleti voters in the fault of the local authorities. pean democracies, in particular the the repeat parliamentary election The CEC accepted the election United Kingdom and Portugal, also prior to the final vote tally and results by a majority vote. relied to a considerable extent on whether there was arbitrariness or a The applicant party appealed un- voters’ individual declarations lack of proportionality between the successfully to the Supreme Court. when compiling the national elec- restriction in question and the le- Constitutional proceedings brought toral rolls. gitimate aim pursued by the Geor- by the chairperson of the applicant It followed that the active system of gian State. In doing so, the Court party were also unsuccessful. voter registration could not in itself noted that it was not the applicant amount to a breach of the applicant party’s right to win the repeat par- Decision of the Court party’s right to stand for election. In liamentary election which was at The Court found that, in the present the particular circumstances of the stake but its right to stand freely case, the applicant, as a political present case, this system proved not and effectively. party, could validly claim victim to be the cause of the problem of The CEC had not issued any act an- status for the purposes of Article 34. ballot fraud but a reasonable nulling the Ordinance of 2 April attempt to remedy it, whilst not 2004 and officially cancelling the Article 3 of Protocol No. 1 providing a perfect solution. repeat election in Khulo and Kobu- On balance, given the specific cir- leti. If it had been truly impossible Concerning the new system of cumstances of the political situa- to enforce the Ordinance of 2 April voter registration tion in the Georgian State, there had 2004, it would have been more com- The Court considered that the been no violation of the applicant patible with the fundamental prin- proper management of electoral party’s right to stand for election, as ciples of the rule of law for the CEC rolls was a precondition for a free understood by Article 3 of Protocol to cancel the scheduled polls in and fair ballot. The effectiveness of No. 1, on account of the introduc- Khulo and Kobuleti in the form of a the right to stand for election was tion on 27 February 2004 of the new clear-cut, formal decision, on the undoubtedly contingent upon the voter registration system. basis of a relevant and sufficient fair exercise of the right to vote. A justification for the disfranchise- Concerning the composition of ment of some 60 000 voters. sufficiently close causal link there- the electoral commissions fore existed between the applicant The Court observed that, contrary party’s right to stand in the repeat The applicant party’s complaint to its positive obligations under parliamentary election of 28 March under this head was mostly based Article 3 of Protocol No. 1, the Geor- 2004 and its complaint about the on the argument that the composi- gian State had not attempted any voter registration system prevailing tion of, and decision-making further action aimed at including at that time. process within, the electoral com- the Khulo and Kobuleti voters in For the purposes of applying mission amounted as such to a vio- the country-wide election after the Article 3 of Protocol No. 1, any elec- lation of Article 3 of Protocol No. 1. failure to open polling stations on toral legislation had to be assessed Having examined the composition 18 April 2004. in the light of the political evolution of the electoral commissions, the Taking into account the importance of the country concerned, so that Court concluded that this composi- of the principle of universal suf- features that would be unacceptable tion at all levels indeed lacked suff i- frage, the Court could not accept

12 Selected Chamber judgments Council of Europe European Court of Human Rights

that the legitimate interest of ditional measures aimed at organis- Article 14 having a fresh Parliament elected ing elections in the Khulo and “at a reasonable interval” was a suf- Kobuleti districts after 18 April In the light of all the material in its ficient justification for the Geor- 2004, the CEC had taken a hasty de- possession, the Court did not f ind any evidence which might arguably gian State’s inability or cision to terminate the country- unwillingness to undertake further wide election without any valid jus- have suggested that either the chal- reasonable measures for the tification. The exclusion of those lenged electoral mechanisms – the system for voter registration and purpose of enfranchising 60 000 two districts from the general elec- Ajarian voters. tion process had failed to comply the composition of electoral commissions – or the events which took The Court accordingly concluded with a number of rule of law requi- place in Khulo and Kobuleti had that the CEC’s decision of 2 April sites and resulted in what was effec- been exclusively aimed at the appli- 2004 to annul the election results in tively a disfranchisement of a cant party and did not affect the the Khulo and Kobuleti electoral significant section of the popula- other candidates standing for that districts had not been made in a tion election. transparent and consistent manner. There had accordingly been a viola- The CEC had not adduced relevant tion of the applicant party’s right to There had thus been no violation of and sufficient reasons for its deci- stand for election under Article 3 of Article 14, taken in conjunction with sion, nor had it provided adequate Protocol No. 1. Article 3 of Protocol No. 1. procedural safeguards against an The partly dissenting opinions of abuse of power. Furthermore, Judges Mularoni and Popovic are without having recourse to any ad- appended to the judgment.

Vladimir Romanov v. Russia

Article 3 (violation) on Judgment of 24 July 2008. Concerns: the applicant alleged that he was severely beaten by prison account of the applicant having been severely warders in the detention facility where he was being held and that the authorities failed to carry out beaten by prison ward- an effective investigation into his allegation. He also alleged that he was not given an adequate op- ers; Article 3 (violation) on portunity to confront, in particular, one of the witnesses for the prosecution at his trial. account of the authorities’ failure to investigate Principal facts plicant even when he had been sions in that report were based effectively the applicant’s forced into the corridor and fallen mainly on testimonies given by the complaints of ill- The applicant, Vladimir Anatolyev- to the floor. warders involved in the incident; ich Romanov, is a Russian national treatment; The applicant was immediately ex- inmates who had allegedly been who was born in 1973 and lived in Article 6 § 1 taken to- amined by the prison dermatologist present during the incident stated Ivanovo (Russia) until his arrest in gether with Article 6 § who recorded linear bruising on his that they had not seen the beatings October 2000 on suspicion of rob- 3(d) (violation) legs and back. Subsequently taken and the applicant’s testimony was bery. to the prison hospital, doctors not considered credible. The case concerned, in particular, noted that the applicant had sus- The applicant subsequently the applicant’s allegation that he tained a chest injury caused by a brought judicial proceedings in was severely beaten by prison blunt object. He also had an opera- which he sought compensation for warders and that the authorities tion for a ruptured spleen. the injuries he had sustained. The failed to effectively investigate that Relying on a report of the incident courts, citing the July 2001 report, allegation. drawn up by the detention facility found that the use of force against Mr Romanov was convicted of ag- on 23 June 2001, the government the applicant had been lawful but gravated robbery on 9 January 2002 submitted that the warders had had that the applicant had sustained and sentenced to 11 years and three to resort to force due to unrest in serious life-threatening damage and months’ imprisonment, subse- the applicant’s cell which had risked that the detention facility had not quently reduced to nine years and turning into a generalised prison had suff icient control over its ward- three months. The domestic courts riot. It also relied on a written state- ers. The applicant was therefore based that decision, in particular, ment by the warder who had beaten awarded 10 000 Russian roubles on two depositions made by the the applicant: he testified that the (RUB), (approximately EUR 330), alleged victim of the robbery, Mr I., applicant had been injured as a later increased to RUB 30 000 (EUR in April and May 2001 during the result of “selective application of 960). pre-trial investigation. Mr I. identi- special measures”. Decision of the Court fied the applicant as one of the men The detention facility’s administra- who had attacked and robbed him tion reported the incident to in October 2000. Out of the country Ivanovo Regional Prosecutor’s Article 3 until 3 December 2001, he did not Office on 25 June 2001. The prose- Concerning the alleged ill- appear at the trial and his deposi- cutor’s office issued a report of its treatment tions were therefore read out on inquiry on 3 July 2001 in which it 29 November 2001. refused to bring criminal proceed- The parties agreed that the appli- According to the applicant, on ings against the warders as it con- cant’s injuries, as recorded in the 22 June 2001 prison warders of de- sidered their actions to have been medical reports by the prison der- tention facility IZ-37/1 where he was lawful. The report found it estab- matologist and hospital, had been being held entered his cell and, in lished that injuries recorded on the caused on 22 June 2001 by the use of order to force the inmates out, hit applicant’s feet, knees and back had force by prison warders, namely them with rubber truncheons. The been the result of his physically re- that they had beaten him with warders continued to beat the ap- sisting the warders. The conclu- rubber truncheons.

Vladimir Romanov v. Russia 13 Human rights information bulletin, No. 75 Council of Europe

The Court accepted that the use of resulted in long-term damage to his questioned personally. The Court rubber truncheons in the appli- health. The Court therefore held was particularly struck by the fact cant’s case had had a legal basis that the applicant had been sub- that the courts had awarded the ap- under the Penitentiary Institutions jected to treatment which could be plicant compensation due to the Act and the Custody Act. It also ac- described as torture, in violation of detention facility’s mere lack of suf- cepted that use of force might, on Article 3. ficient control over its warders. occasions, be necessary to ensure In view of those failings, the Court prison security, maintain order or Concerning the alleged considered that the Russian author- prevent crime in penitentiary facili- inadequacy of the ities’ reaction to a grave incident of ties. prosecution’s inquiry and the deliberate ill-treatment by its However, the Court did not see any judicial proceedings agents had been inadequate and in- reason why the use of rubber trun- The Court observed that, in cases of efficient and that the measures they cheons against the applicant had wilful ill-treatment, a violation of had taken had failed to provide ap- been necessary. Indeed, the ward- Article 3 could not be remedied ex- propriate redress to the applicant, ers’ actions had been grossly dispro- clusively through an award of com- in further violation of Article 3. portionate to what the applicant pensation to the victim because, if had been accused of: disobedience. that were the case, it would be pos- Article 6 § 1 taken together The warders might admittedly have sible for the state to avoid the pros- with Article 6 § 3 (d) needed to resort to physical force in ecution and punishment of those order to remove inmates from their responsible and the general legal The Court considered that Mr I.’s cell but the Court was not con- prohibition of torture and inhuman depositions during the pre-trial in- vinced that hitting them with a and degrading treatment would be vestigation and read out at trial had truncheon had been conducive to ineffective in practice. constituted virtually the sole direct achieving that aim. and objective evidence on which The Court therefore decided to the domestic courts had based its Furthermore, the Court did not assess the authorities’ determina- findings of the applicant’s guilt. consider it established that the ap- tion to prosecute those responsible plicant had actively resisted the for the applicant’s ill-treatment. In particular, Mr I.’s depositions had warders. It was peculiar that the de- As concerned the promptness of the been read out at the trial hearing on tention facility’s documents had investigation, it had taken the facil- 29 November 2001, that is to say just simply mentioned that special ity administration three days to a few days before his presence at the measures had been applied to the inform the prosecution authorities hearing could have been ensured, applicant; he had not been listed as about the incident, a delay which on his return to Russia on 3 Decem- one of the instigators of or active could have resulted in the loss of ev- ber 2001. In the Court’s view, grant- participants in the incident. idence. ing a f ive-day stay in proceedings in Mention of an active role by the ap- which the applicant had stood plicant had first been made in the As concerned the thoroughness, the accused of a very serious offence prosecutor’s office decision of 3 July inquiry decision of 3 July 2001 had and had risked a long term of im- 2001. That discrepancy was not ex- relied on three medical reports prisonment, would not have consti- plained in the subsequent judicial drafted only by prison doctors tuted an insurmountable hindrance proceedings as the domestic courts which had provided limited medical to expediency requirements. did not assess the extent of the ap- information and had not included plicant’s participation in the inci- any explanation by the applicant re- Furthermore, the applicant had not dent. garding his complaints. Similarly, been provided with the opportunity the inquiry’s assessment of the evi- to follow the manner in which Mr I. Moreover, the report of 3 July 2001 dence had been selective and incon- had been interrogated by the inves- which had referred to injuries to the sistent, its conclusions having been tigator in April and May 2001 or to applicant’s feet had supported the based mainly on the warders’ testi- have questions put to him. Nor had applicant’s submission that warders monies, whose credibility should those statements been video- had continued hitting him even also have been questioned. Indeed, recorded. when he had been lying on the it was curious that it had been im- Finding that there was no proper floor. The government had not chal- possible to identify those inmates substitute for personal observation lenged that submission and had not who had been eyewitnesses to the of a leading witness’ oral evidence at provided any plausible explanation beatings and who could have pro- trial, the Court concluded that the as to how those injuries had oc- vided relevant information on the applicant had not had a proper and curred. incident. Nor had there at any point adequate opportunity to challenge been any attempt to analyse the In conclusion, the Court considered Mr I.’s statements and consequently degree of force used by the warders that the use of rubber truncheons his trial had not been fair, in viola- and whether it had been necessary on the applicant had been a form of tion of Article 6 § 1 taken together and proportionate in the circum- reprisal and, even worse, had con- with Article 6 § 3 (d). stances. The prosecution had, tinued even after the applicant had without any independent evidence, Under Article 41 (just satisfaction), complied with the order to leave his found that the warders had lawfully the Court awarded Mr Romanov cell and had fallen on the floor. That assaulted the applicant due to his 20 000 euros (EUR) in respect of punitive violence had been deliber- physical resistance. non-pecuniary damage. (The judg- ately intended to arouse in the ap- ment is available only in English.) plicant feelings of fear and Finally, the domestic courts had humiliation and to break his physi- simply relied on the f indings of the Judges Spielmann and Malinverni cal or moral resistance. The appli- 3 July 2001 report; eyewitnesses to expressed a joint concurring opin- cant’s injuries had to have caused the incident, including the appli- ion, and Judge Malinivieri, joined by him serious physical pain and cant himself and the warders who Judge Kovler, expressed a further intense mental suffering and had had beaten him, had never been concurring opinion.

14 Selected Chamber judgments Council of Europe European Court of Human Rights

Liberty & Other Organisations v. the United Kingdom

Article 8 (violation) Judgment of 1 July 2008. Concerns: the applicants complained about the interception of their communications by an Electronic Test Facility operated by the British Ministry of Defence.

Principal facts namely the interception of “such ex- intelligence-gathering system or ternal communications as de- given rise to a security risk. How- The applicants are Liberty, British scribed in the warrant”. ever, in the United Kingdom, exten- Irish Rights Watch and the Irish sive extracts from the Interception Council for Civil Liberties, a British Indeed, that discretion was virtually of Communications Code of Prac- and two Irish civil liberties’ organi- unlimited. Warrants under tice were now in the public domain, sations based in London and Section 3(2) of the 1985 Act covered which suggested that it was possible Dublin, respectively. very broad classes of communications. In their observations to the for the state to make public certain The case concerned the applicant Court, the British Government ac- details about the operation of a organisations’ allegation that, cepted that, in principle, any person scheme of external surveillance between 1990 and 1997, their tele- who sent or received any form of without compromising national se- phone, facsimile, e-mail and data telecommunication outside the curity. communications, including legally British Islands during the period in privileged and confidential infor- In conclusion, the Court considered question could have had their com- mation, were intercepted by an that the domestic law at the rele- munication intercepted under a Electronic Test Facility operated by vant time had not indicated with Section 3(2) warrant. Furthermore, the British Ministry of Defence. sufficient clarity, so as to provide under the 1985 Act, the authorities The applicants lodged complaints adequate protection against abuse had wide discretion to decide which of power, the scope or manner of ex- with the Interception of Communi- communications, out of the total cations Tribunal, the Director of ercise of the very wide discretion volume of those physically cap- conferred on the state to intercept Public Prosecutions and the Investi- tured, were listened to or read. gatory Powers Tribunal to challenge and examine external communica- Under Section 6 of the 1985 Act, the the lawfulness of the alleged inter- tions. In particular, it had not set Secretary of State was obliged to ception of their communications, out in a form accessible to the “make such arrangements as he but to no avail. The local courts public any indication of the proce- consider[ed] necessary” to ensure a found, in particular, that there was dure to be followed for examining, safeguard against abuse of power in no contravention to the Intercep- sharing, storing and destroying in- the selection process for the exami- tion of Communications Act 1985. tercepted material. nation, dissemination and storage The interference with the appli- Decision of the Court of intercepted material. Although during the relevant period there cants’ rights had not therefore been had been internal regulations, “in accordance with the law”, in vio- Article 8 manuals and instructions to lation of Article 8. The Court recalled that it had previ- provide for procedures to protect ously found that the mere existence against abuse of power, and al- Article 13 of legislation which allowed com- though the Commissioner ap- munications to be monitored se- pointed under the 1985 Act to The Court did not consider it neces- cretly had entailed a surveillance oversee its workings had reported sary to examine separately the com- threat for all those to whom the leg- each year that the “arrangements” plaint under Article 13. islation might be applied. In the ap- were satisfactory, the nature of Under Article 41 (just satisfaction) plicants’ case, the Court therefore those “arrangements” had not been of the Convention, the Court con- found that there had been an inter- contained in legislation or other- sidered that the finding of a viola- ference with their rights as guaran- wise made available to the public. tion constituted sufficient just teed by Article 8. Lastly, the Court noted the British satisfaction for any non-pecuniary Section 3(2) of the 1985 Act allowed Government’s concern that the damage caused to the applicants, the British authorities extremely publication of information regard- and awarded them 7 500 euros broad discretion to intercept coming those arrangements during the (EUR) for costs and expenses. (The munications between the United period in question might have judgment is available only in Eng- Kingdom and an external receiver, damaged the efficiency of the lish.)

Kononov v. Latvia

Article 7 (violation) Judgment of 24 July 2008. Concerns: the applicant complained that the acts of which he had been accused did not, at the time of their commission, constitute an offence under either domestic or international law.

Principal facts edly committed in 1944. At the time pation at the time) near the Latvian the territory of Latvia was under border, where he joined a Soviet Vasiliy Kononov was born in 1923. German occupation. commando unit composed of He was a Latvian national until members of the “Red Partisans”. 12 April 2000, when he was granted In 1942 the applicant was called up Russian nationality. as a soldier in the Soviet Army. In According to the facts as def ini- The case concerned Mr Kononov’s 1943 he was parachuted into Belarus tively established by the competent prosecution for war crimes he alleg- territory (also under German occu- Latvian courts, on 27 May 1944 the

Liberty & Other Organisations v. the United Kingdom 15 Human rights information bulletin, No. 75 Council of Europe applicant led a unit of armed Red “non-combatants” respectively. The offences were committed. Neither Partisans wearing German uniforms applicant was released from deten- the USSR nor Latvia had signed that to avoid arousing suspicion in a pu- tion. Convention, which was not, there- nitive expedition on the village of On 17 May 2001, following a fresh fore, formally applicable to the Mazie Bati, certain of whose inhab- preliminary investigation, the ap- armed conflict in question. How- itants were suspected of having be- plicant was again charged with an ever, the text of that Convention trayed and turned into the Germans offence under Article 68-3. merely reproduced the fundamen- another group of Red Partisans. The tal customary rules that were firmly On 3 October 2003 the Latgale Re- applicant’s men burst into and recognised by the community of gional Court acquitted him of the searched six houses. After finding nations at the time. The Court war-crimes charges, but found him rifles and grenades supplied by the therefore presumed that the appli- guilty of banditry. It accepted that German military administration in cant, as a “combatant” within the the deaths of the men from Mazie each of the houses, the Partisans ex- meaning of international law, must Bati could be regarded as necessary ecuted the six heads of family con- have been aware of the rules. and justified in military terms, but cerned. They also wounded two found that there was no justif ica- The Court noted that the decisions women. They then set fire to two tion for the killing of the three of the domestic courts were almost houses and four people perished in women or the burning down of the completely silent on the question the flames. In all, nine villagers village buildings. The applicant and whether the applicant was person- were killed: six men and three his men had committed an act of ally and directly implicated in the women, one in the final stages of banditry and the applicant, as the events of Mazie Bati. The only pregnancy. commanding officer, was responsi- genuine accusation made against According to the applicant, the ble for the actions of his unit. How- him by the Latvian courts was that victims of the attack were collabora- ever, since banditry did not fall into he had led the unit which carried tors who had delivered a group of 12 the category of offences exempt out the punitive expedition on Partisans (including two women from statutory limitation, the Re- 27 May 1944. The Court therefore and a small child) into the hands of gional Court relieved the applicant had to determine whether that op- the Germans some three months of criminal liability. eration could, in itself, reasonably earlier. The applicant said that his be regarded as having contravened On 30 April 2004, the Criminal unit had been instructed to capture the laws and customs of war as cod- Affairs Division of the Supreme those responsible so that they could ified by the Hague Convention of Court allowed an appeal from the be brought to trial. He had not per- 1907. prosecution and quashed that judg- sonally led the operation or entered ment, again finding the applicant In that connection, the Court noted the village. guilty of war crimes under that even though the operation had In January 1998 the Centre for the Article 68-3. Noting that he was not been carried out in a combat sit- Documentation of the Conse- aged, inf irm and harmless, it uation, it had nevertheless taken quences of Totalitarianism (Totali- imposed an immediate custodial place in a war zone near the front in tarisma seku dokumentešanas sentence of one year and eight a village that had seen skirmishes centrs) launched a criminal investi- months. The applicant lodged an between the Red Partisans and the gation into the events of 27 May unsuccessful appeal on points of German army and in a region occu- 1944. It considered that the appli- law. pied by Nazi Germany and its army, cant could have committed war where a Latvian auxiliary police in crimes under Article 68-3 of the Decision of the Court the service of the Germans, armed former Latvian Criminal Code. “trustworthy men” and others em- ployed to denounce members of the Article 68-3 stipulated that those Article 7 found guilty of war crimes were Red Partisans were all active. liable to between three and 15 years’ It was not the Court’s task to rule on While there was nothing to indicate imprisonment or life imprison- the applicant’s individual criminal that the six men killed on 27 May ment. Article 6-1 permitted the ret- responsibility, but to consider, from 1944 were members of the Latvian rospective application of the the standpoint of Article 7 § 1, auxiliary police, they had received criminal law with respect to war whether on 27 May 1944 his acts rifles and grenades from the Ger- crimes and Article 45-1 provided constituted offences that were mans. Following, in particular, the that the prosecution of such crimes defined with suff icient accessibility killing by the Wehrmacht of a group was not subject to statutory limita- and foreseeability by domestic law of Red Partisans who had been be- tion. or international law. trayed by the Mazie Bati villagers On 2 August 1998 the applicant was The Criminal Affairs Division of the after taking refuge on their territory, charged with war crimes and on Supreme Court had characterised the applicant and the other Red 10 October 1998 placed in pre-trial the applicant’s acts by reference to Partisans had legitimate grounds detention. He entered a not guilty three international instruments. for considering the villagers con- plea. However, two of these had come cerned as collaborators of the into existence after 1944 and did not German Army. Accordingly, the The Riga Regional Court found him contain any provisions affording Court was not satisfied that the six guilty and imposed an immediate them retrospective effect and in any men killed could reasonably be re- six-year custodial sentence. event Article 7 § 1 precluded the ret- garded as “civilians” and noted that That judgment was quashed, how- rospective application of an inter- that notion was not defined by the ever, on 25 April 2000 on the ground national treaty to characterise an Hague Convention of 1907. In char- that various issues remained unre- act or omission as criminal. Only acterising the victims as “civilians”, solved, including whether Mazie the Hague Convention of 1907 con- the Criminal Affairs Division had Bati had in fact been within “occu- cerning the law and customs of war relied on a provision in another in- pied territory” and whether the ap- on land (or, more precisely, the ap- strument which provided that any plicant and his victims could be pended Regulations) existed and person not belonging to one of the classified as “combatants” and was in force at the time the alleged predefined categories of combat-

16 Selected Chamber judgments Council of Europe European Court of Human Rights

ants or in respect of whom there Hague Convention of 1907. Accord- against the three women concerned was a doubt on that point was pre- ingly, in view of the summary could prima facie constitute of- sumed a “civilian”. However, that in- nature of the reasoning of the fences under the general law, which, strument, which was adopted more Latvian courts, it concluded that as such, had to be examined by ref- than 30 years after the events in there was no plausible legal basis in erence to the domestic law applica- question, could not be applied ret- international law on which to ble at the material time. rospectively and there was no convict the applicant for leading the reason to consider that such a pre- unit responsible for the operation. On the assumption that the deaths sumption was already recognised in of the three women from Mazie Bati customary law in 1944. As regards the three women killed were the result of an abuse of au- at Mazie Bati, the Court could only thority by the Red Partisans, the The Court noted, further, that the regret the overly general and Court notes that, as with the six operation of 27 May 1944 had been summary nature of the domestic men, the decisions of the Latvian selective in character, as it was courts’ reasoning, which did not courts contained no indication of carried out against six specific, allow any def inite answers to be the exact degree of implication of identified men who were strongly given to two fundamental ques- the applicant in their execution. suspected of having collaborated tions, namely whether and to what Thus, it had never been alleged that with the Nazi occupier. The Parti- extent the women had participated he himself had killed the women or sans had searched their homes, and in the betrayal of the group of Red that he had ordered or incited his it was only after finding rifles and Partisans, and whether their execu- comrades to do so. grenades supplied by the Germans – tion had been planned by the Red tangible evidence of their collabora- Partisans from the start or whether In any event, the Court considered tion – that they had carried out the the members of the unit had acted that even if the applicant’s convic- executions. Conversely, all the vil- beyond their authority. tion was based on domestic law, it lagers were spared. was manifestly contrary to the re- The Court considered that there quirements of Article 7 as, even sup- The Court noted that the Latvian were two possible explanations for posing that he had committed one courts had omitted in their deci- what happened. The first was that or more offences under the general sions to carry out a detailed and suf- the three women concerned had law in 1944, their prosecution had ficiently thorough analysis of the played a role in the betrayal and been def initively statute barred Regulations appended to the Hague that their execution had been since 1954 and it would be contrary Convention of 1907, but had simply planned from the start. The govern- to the principle of foreseeability to referred to certain of its articles ment had not refuted the appli- punish him for these offences without explaining how they came cant’s assertion that the three almost half a century after the into play in the applicant’s case. In women had kept watch while the expiry of the limitation period. particular, the Criminal Affairs Di- men had gone to the neighbouring vision had cited three articles of the village to alert the German garrison Consequently, the Court considered Regulations in question which to the Partisans’ presence. If that that the applicant could not reason- made it illegal “to kill or wound account was true, the Court was ably have foreseen on 27 May 1944 treacherously individuals belonging bound to conclude that the three that his acts amounted to a war to the hostile nation or army”, pro- women were also guilty of abusing crime under the international rules hibited attacks on “towns, villages, their status of “civilians” by provid- governing conduct in war applica- dwellings, or buildings which are ing genuine, concrete assistance to ble at the time. There was, there- undefended” and required certain the six men from Mazie Bati who fore, no plausible legal basis in fundamental rights to be respected. collaborated with the Nazi occupier. international law on which to The instant case concerned a tar- In such circumstances, the Court’s convict him of such an offence and geted military operation consisting finding with respect to the men even supposing that the applicant in the selective execution of armed who were executed during the oper- had committed one or more of- collaborators of the Nazi enemy ation on 27 May 1944 was in general fences under domestic law, by 2004 who were suspected on legitimate equally applicable to the three domestic law could no longer serve grounds of constituting a threat to women. as a basis for his conviction either, the Red Partisans and whose acts in violation of Article 7. had already caused the deaths of The second explanation was that their comrades. That operation was the women’s deaths had not initially Under Article 41 (just satisfaction) scarcely any different from those been planned by the applicant’s of the Convention, the Court carried out at the same period by men and their commanding offic- awarded the applicant, by four votes the armed forces of the Allied ers and that their deaths resulted to three, 30 000 euros (EUR) in powers or by local Resistance from an abuse of authority. The respect of non-pecuniary damage. members in many European coun- Court considered that neither such (The judgment, done in French, is tries occupied by Nazi Germany. abuse of authority nor the military also available in English.) operation in which it took place Finally, the Court considered that it could reasonably be regarded as a Judge Myjer expressed a concurring had not been adequately demon- violation of the laws and customs of opinion. Judges Fura-Sandström, strated that the attack on 27 May war as codif ied in the Hague Regu- David Thor Björgvinsson and 1944 was per se contrary to the laws lations. Under this scenario, the Ziemele expressed a joint dissenting and customs of war as codif ied by Court accepted that the acts com- opinion and Judge David Thor the Regulations appended to the mitted by the members of the unit Björgvinsson a dissenting opinion.

Kononov v. Latvia 17 Human rights information bulletin, No. 75 Council of Europe

Religionsgemeinschaft der Zeugen Jehovas and Others v. Austria

Judgment of 31 July 2008. Concerns: the applicants complained about the Austrian authorities’ Article 9 (violation); Article 14 read in conjunc- refusal to recognise the Jehova’s Witnesses. The applicants also complained about the excessive tion with Article 9 (viola- length of the proceedings concerning their request for recognition as a religious society. tion); Article 6 (violation); Article 13 (no violation) Principal facts munities, the Jehova’s Witnesses striction on the applicants’ freedom were granted legal personality as a of religion. There had therefore The applicants are four Austrian na- religious community. From that been a violation of Article 9. tionals, Franz Aigner, Kurt Binder, point, the Jehova’s Witnesses reli- Karl Kopetzky and Johann Renolder gious community had legal stand- who were born in 1927, 1935, 1927 Article 14 read in conjunction ing before the Austrian courts and and 1930 respectively and live in with Article 9 authorities and was allowed to Vienna and the Religionsgemein- acquire and manage assets in its The Court observed that under Aus- schaft der Zeugen Jehovas (Je- own name, establish places of trian law religious societies enjoyed hovah’s Witnesses religious worship and disseminate its beliefs. privileged treatment in many areas, community), the f ifth largest reli- notably taxation. In view of those The applicants nonetheless brought gious community in Austria. privileges, it was up to the authori- a second set of proceedings still re- The case concerned, in particular, ties to remain neutral and to give all questing recognition as a religious the Austrian authorities’ refusal to religious groups a fair opportunity society. Their request was dismissed grant the Jehova’s Witnesses legal to apply for a specific status, using on 1 December 1998 as the Federal personality for approximately 20 established criteria in a non- Minister found that, pursuant to years. discriminatory manner. the 1998 Religious Communities On 25 September 1978 the first four Act, a religious community could That duty to remain neutral and im- applicants made a request to the only be registered as a religious partial also raised delicate ques- Federal Minister for Education and society if it had already existed for a tions when imposing a qualifying Arts, under the 1874 Legal Recogni- minimum of ten years. The appli- period on a religious association tion of Religious Societies Act, to cants’ complaint about that deci- which had legal personality before have the Jehova’s Witnesses’ recog- sion was ultimately dismissed in it could obtain a more consolidated nised as a religious society and October 2004 on the ground that a status as a public-law body. granted legal personality. ten-year qualifying period was in The Court accepted that making a The Ministry refused to grant that conformity with the Constitution. religious community wait for ten request on the ground that, under years before granting it the status of the 1874 Recognition Act, they had Decision of the Court a religious society could be neces- no right to obtain a formal decision. sary in exceptional circumstances Following complex legal proceed- Article 9 such as in the case of newly estab- ings in which the domestic courts The Court noted that the period lished and unknown religious declined jurisdiction, on 4 October between the submission of the ap- groups. However, it hardly appeared 1995 the Constitutional Court found plicants’ request for recognition as a justified in respect of religious that the applicants had the right to religious society and the granting of groups which were well-established have a decision, be it positive or legal personality was substantial, both nationally and internationally negative, concerning their request some 20 years, and that, during that and therefore familiar to the rele- to be recognised as a religious soci- period, the Jehova’s Witnesses had vant authorities, as was the case ety. had no legal personality in Austria. with the Jehovah’s Witnesses. In On 21 July 1997 the Minister for Ed- It therefore considered that there respect of such a religious group, ucation and Cultural Affairs dis- had been an interference with the the authorities should have been missed the applicants’ request, applicants’ right to freedom of reli- able to verify within a considerably f inding that the Jehovah’s Wit- gion. That interference, based on shorter period whether the require- nesses could not be recognised as a Section 2 of the 1874 Recognition ments of the relevant legislation religious society because their in- Act which required religious de- had been fulfilled. ternal organisation was not clear nominations to be recognised by Indeed, the Court noted the and they had a negative attitude to the relevant federal minister, had example submitted by the appli- the state and its institutions, been “prescribed by law” and cants of The Coptic Orthodox notably as regards their refusal to pursued the “legitimate aim” of pro- Church which had been recognised do military service, to participate in tecting public order and safety. in 2003 as a religious society al- local community life and elections The Court reiterated that the right though, having been established in or to have certain types of medical of a religious community to an au- Austria since 1976, it had only been treatment such as blood transfu- tonomous existence was indispen- registered as a religious community sions. The Constitutional Court sable for pluralism in a democratic in 1998. In contrast, the Jehova’s subsequently quashed that decision society. Even the creation of auxil- Witnesses had existed in Austria for on the grounds that it was arbitrary iary associations with legal person- considerably longer but still only and violated the principle of equal- ality could not compensate for the had the status of a religious com- ity, the Minister not having carried authorities’ prolonged failure to munity. That showed that Austria out a proper investigation or sub- grant legal personality. The govern- did not consider it essential for its mitted a case file on which the ap- ment not having provided any “rele- policy in the field to apply the same plicants could comment. vant” and “sufficient” reasons to ten-year qualifying period to all. On 20 July 1998, an Act having been justify that failure, the Court con- Accordingly, the Court concluded passed in January 1998 on the Legal cluded that the interference had that that difference in treatment Status of Registered Religious Com- gone beyond any “necessary” re- had not been based on any “objec-

18 Selected Chamber judgments Council of Europe European Court of Human Rights

tive and reasonable justif ication”, in the Court did not find that the f irst domestic level for their complaint. violation of Article 14 taken in con- set of proceedings having lasted ap- In particular, the Constitutional junction with Article 9. proximately two years and ten Court, in its decision of 4 October months had been excessive and 1995, had resolved the conflict of ju- Article 6 therefore held that there had been risdiction between the two highest no violation of Article 6 § 1. courts. After having been granted As concerned the f irst set of pro- However, the Court found that the recognition as a religious commu- ceedings, the Court found that the second set of proceedings, which nity on 20 July 1998, the applicants period to be taken into considera- had lasted almost five years and 11 had again applied to the Constitu- tion had started on 4 October 1995 tional Court and had been able to when the Constitutional Court had months, had had two periods of in- activity, one of which had not been challenge particular provisions of found that the applicants had a explained by the government. The that act. It followed that there had right to have a decision concerning second set of proceedings had not been no violation of Article 13. their request to be recognised as a therefore complied with the reason- religious society. The proceedings Under Article 41 (just satisfaction), able time requirement, in violation had ended on 29 July 1998 when the Court awarded the applicants of Article 6 § 1. legal personality had been granted. 10 000 euros (EUR) in respect of In the Court’s view those proceed- Article 13 non-pecuniary damage and EUR ings had been complex, as the do- 42 000 for costs and expenses. (The mestic authorities had had to The Court observed that on the judgment is available only in Eng- decide on the applicants’ case on whole the applicants had success- lish.) the basis of a change in the Consti- fully used the remedies available tutional Court’s case-law and new under the Federal Constitution and Judge Steiner expressed a partly dis- legislation. In those circumstances, had eventually obtained redress at senting opinion.

Cuc Pascu v. Romania

Article 10 (no violation) Judgment of 16 September 2008. Concerns: the applicant complained about his conviction for insults and defamation after publishing an article in which he accused the Dean of the Faculty of Medicine of Oradea University, also a Member of Parliament, of fraud and plagiarism, describing him among other things as a “crook” and a “little law-breaking doctor”.

Principal facts cant relied on Article 10 (freedom of party. Moreover, as regards the in- expression) of the Convention. sulting remarks used by the appli- The applicant, Florian Cuc Pascu, is cant, the Court found that he could a Romanian national who was born not be regarded as having had re- in 1961 and lives in Oradea (Roma- Decision of the Court course to “a degree of exaggeration” nia). The Court found that the applicant or “provocation” that was permitted A journalist by profession, he was had not succeeded in proving the by journalistic freedom. The Court, convicted in February 2002 for veracity of his statements before the taking the view that the reasons insults and defamation after pub- Romanian courts, despite the op- given in support of the applicant’s lishing an article in which he portunity for him to do so during conviction had been sufficient and accused the Dean of the Faculty of the domestic proceedings. Given relevant, found that the interfer- Medicine of Oradea University, also the lack of factual basis and his po- ence with his freedom of expression a Member of Parliament, of fraud sition as a journalist, the applicant had been “necessary in a democratic and plagiarism, describing him should have demonstrated the society”. Accordingly, it held unani- among other things as a “crook” and greatest rigour and exercised partic- mously that there had been no vio- a “little law-breaking doctor”. He ular caution before publishing the lation of Article 10. (The judgment was f ined EUR 640 and ordered, offending article. He had not even is available only in French.) jointly with the newspaper in which verified the content of the article the article was published, to pay before its publication, even though EUR 2 239 in damages. The appli- the information came from a third

Bogumil v. Portugal

Article 3 and 6 § 1 (viola- Judgment of 7 October 2008. Concerns: the applicant alleged that he had not received genuine legal tions); Article 8 (non violation) assistance during the criminal proceedings against him. Moreover, he complained that he had sustained serious physical duress on account of the surgery performed on him.

Principal facts In November 2002, when the appli- in his stomach. He was taken to cant arrived at Lisbon airport from hospital and underwent surgery to The applicant, Adam Bogumil, is a Rio de Janeiro (Brazil), he was remove the packet from his body. Polish national who was born in searched by customs officers, who Charges were brought against him 1971. When the application was found several packets of cocaine for drug trafficking, and he was lodged he was being held in Lisbon hidden in his shoes. The applicant placed in pre-trial detention. Prison. informed them that he had swal- During the initial phase of the pro- lowed a further packet, which was ceedings, the applicant was assisted

Cuc Pascu v. Romania 19 Human rights information bulletin, No. 75 Council of Europe by a trainee lawyer. In January 2003, Decision of the Court was a straightforward operation and in view of the harshness of the ap- the applicant had received constant plicant’s potential sentence, a new Concerning the complaint about supervision and an adequate lawyer, who was supposed to be the lack of legal assistance, the medical follow-up. As to the effects more experienced, was assigned to Court found that the circumstances of the operation on the applicant’s the case. However, he only acted in of the present case required the do- health, the Court did not find it es- the proceedings to request his dis- mestic court, rather than remaining tablished, having regard to the evi- charge three days before the trial. A passive, to ensure concrete and ef- dence in the case f ile, that the new duty lawyer was assigned on fective respect for the applicant’s ailments from which the applicant the very day the trial began and only defence rights, which it failed to do. claimed to have been suffering since had five hours to study the case file. Accordingly, it held unanimously then were related to the operation. In September 2003 the Lisbon that there had been a violation of Consequently, the Court considered Criminal Court convicted him on Article 6 §§ 1 and 3 (c) taken to- that the operation had not been the charges, sentenced him to four gether. such as to constitute inhuman or years and ten months’ imprison- As regards the alleged physical degrading treatment and found ment and ordered his exclusion duress against the applicant on that there had been no violation of from Portugal. Relying on Article 6 account of the surgery, the Court Article 3. Lastly, considering that a (right to a fair trial), the applicant did not find it established, the evi- fair balance had been struck alleged that he had not received dence being insufficient, that the between the public interest in pro- genuine legal assistance during the applicant had given his consent or tecting the applicant’s health and criminal proceedings against him. that he had refused and had been his right to protection against phys- Moreover, relying on Articles 3 (pro- forced to undergo the operation. ical or psychological duress, the hibition of inhuman or degrading The Court considered that the oper- Court further found that there had treatment) and 8 (right to respect ation had been required for thera- been no violation of Article 8. for private and family life), he com- peutic reasons and had not been The Court awarded Mr Bogumil plained that he had sustained carried out for the purpose of col- EUR 3 000 in respect of non- serious physical duress on account lecting evidence, as the applicant pecuniary damage. (The judgment of the surgery performed on him. risked dying from intoxication. It is available only in French.)

Moiseyev v. Russia

Judgment of 9 October 2008. Concerns: the case concerned, in particular, the applicant’s complaint Article 3 (3 violations); Article 5 §§ 3 and 4 (viola- about the conditions of his detention on remand in Lefortovo Prison, of transport between Lefortovo tion); and Moscow City Court and of confinement at that court. Article 6 § 1 (violation); Article 6 §§ 1 and 3 (b) and (c) (violation); plication of the law, there having The Court also noted that the appli- Principal facts Article 7 (no violation); been no statutory list of state cant had been transported to the Article 8 (2 violations) The applicant, Valentin Ivanovich secrets at the time he had allegedly court hearings more than 150 times Moiseyev, is a Russian national who committed high treason. Finally, in standard-issue prison vans which was born in 1946 and lives in relying on Article 8 (right to respect had sometimes been filled beyond Moscow. Mr Moiseyev was arrested for private and family life and corre- their designed capacity. In the in July 1998 and, accused of having spondence), he complained of un- Court’s view, given that he had to disclosed classified information to a justified restrictions on family visits remain in that confined space for South Korean intelligence agent, and his correspondence. several hours, these cramped condi- was charged with high treason. He tions must have caused him intense was convicted as charged by physical suffering, which would Moscow City Court in August 2001. Decision of the Court have been further aggravated by the That decision was upheld by the absence of adequate ventilation and Supreme Court in January 2002. The Court found that the fact that lighting, and unreliable heating. The case concerned, in particular, the applicant had had to live, sleep The Court concluded unanimously the applicant’s complaint about the and use the toilet in poorly lit and that there had been a violation of conditions of his detention on ventilated cells for almost four Article 3 on account of the condi- remand in Lefortovo Prison, of years, without any possibility for tions of the applicant’s transport transport between Lefortovo and adequate outdoor exercise, must between the remand prison and the Moscow City Court and of confine- have caused him distress or hard- courthouse. ment at that court. He relied on ship of an intensity exceeding the Moreover, the Court observed that Article 3 (prohibition of inhuman or unavoidable level of suffering inher- on more than 150 days the applicant degrading treatment). He then ent in detention. It noted that the had been detained in the convoy invoked Article 5 §§ 3 and 4 (right to tiny cell had no partition or separa- cells, destined for detention of a liberty and security). He further tion between the living area and the very limited duration, located on complained under Article 6 §§ 1, 3 lavatory, which had not been the premises of the Moscow City (b) and (c) (right to a fair trial equipped with any kind of flush, Court. He had remained in cramped within a reasonable time) about the and that the applicant had had to conditions for several hours a day unfairness and excessive length of apply medicine for his treatment for and occasionally for as long as eight the criminal proceedings against haemorrhoids. The Court held to ten hours. Although this deten- him. He also alleged under Article 7 unanimously that there had been a tion was not continuous, it alter- (no punishment without law) that violation of Article 3 on account of nated with his detention in the his conviction had been based on the conditions of the applicant’s de- remand prison and transport in unforeseeable and retrospective ap- tention in Lefortovo remand prison. conditions which the Court has

20 Selected Chamber judgments Council of Europe European Court of Human Rights

already found above to have been and six months. The Court found fectively and to consult with them inhuman and degrading. Taking that the prosecuting authority had had been of primordial importance. into account the cumulative effect had unrestricted control in the The cumulative effect of the condi- of the applicant’s detention in the matter of visits by counsel to the ap- tions at hand and inadequacy of the extremely small cells of the convoy plicant and had been able to peruse available facilities had excluded any premises at the Moscow City Court the documents exchanged between possibility for the applicant’s without ventilation, food, drink or them, which had the effect of giving advance preparation of his defence, free access to a toilet, the Court held the prosecution advance knowledge especially taking into account that unanimously that there had been a of the defence strategy and placed he could not consult the case f ile or further violation of Article 3 on the applicant at a disadvantage vis- his notes in his cell. The overall account of the conditions of the ap- à-vis his opponent. The Court effect of these diff iculties, taken as a plicant’s confinement at the further found that access by the ap- whole, had so restricted the rights Moscow City Court. plicant and his defence team to the of the defence that the principle of a The Court held unanimously that case file and their own notes – fair trial, as set out in Article 6, had there had been a violation of which had been kept in a special been contravened. Therefore, the Article 5 § 3 on account of Mr Moi- secret department of the detention Court held that there had been a vi- seyev’s pre-trial detention which facility and the Moscow City Court olation of Article 6 §§ 1 and 3 (b) lasted over two years and six – had been so curtailed that these and (c). Lastly, the Court held unan- months, and a violation of Article 5 measures had effectively prevented imously that there had been no vio- § 4 on account of the Supreme them from using the information lation of Article 7. Court’s failure to examine, or contained in them, since they had belated examination of, appeals had to rely solely on their recollec- Finally, the Court held unanimously against decisions rejecting requests tions. Finally, the Court considered that Article 8 had been breached on for release. that the suffering and frustration account of unjustified restrictions Turning to Moiseyev’s trial, the which the applicant must have felt on both the applicant’s family visits Court held unanimously that there on account of the inhuman condi- and correspondence. had been a violation of Article 6 § 1 tions of transport and confinement on account of the lack of independ- had impaired his faculty for concen- The Court awarded Mr Moiseyev ence and impartiality of the tration and intense mental applica- EUR 25 000 in respect of non- Moscow City Court, and the exces- tion in the hours immediately pecuniary damage and EUR 3 973 sive length of the criminal proceed- preceding the court hearings, when for costs and expenses. (The judg- ings, which had lasted three years his ability to instruct his counsel ef- ment is available only in English.)

Petrina v. Romania

Article 8 (violation) Judgment of 14 October 2008. Concerns: the applicant complained that his right to respect for his honour and his good name had been violated.

Principal facts search council for the archives of weekly Catavencu, the articles in the State Security Department “Se- question had been bound to offend The applicant, Liviu Petrina, is a Ro- curitate” stated that the applicant the applicant, as there was no evi- manian national who was born in was not among the people listed as dence that he had ever belonged to 1940 and lives in Bucharest. He is a having collaborated with the Secu- that organisation. It also noted that politician. ritate. the message contained in the articles was clear and direct, with no Following the acquittal of C.I. and In October 1997, during a television ironic or humorous note whatso- M.D. by the domestic courts, the programme about a bill concerning ever. access to information stored in the applicant complained that his right archives of the former State security to respect for his honour and his The Court did not believe that the services (“the Securitate”), C.I., a good name had been violated. He “measure of exaggeration” or “prov- journalist with the satirical weekly relied on Article 8 (right to respect ocation” journalists were allowed in Catavencu, affirmed that the appli- for private and family life). the context of press freedom could cant had collaborated with the Se- be seen in the articles in question. It curitate. The same journalist Decision of the Court found that reality had been misrep- published an article in the satirical resented, with no factual basis. The The Court considered that the weekly in November 1997, taking journalists’ allegations had over- subject of the debate in issue – the his allegations further. In January stepped the bounds of the accepta- enactment of legislation making it 1998 another article on the same ble, accusing the applicant of possible to divulge the names of subject, containing similar allega- having belonged to a group that former Securitate collaborators, a tions, was published in Catavencu used repression and terror to serve subject which received considerable by another journalist, M.D. The ap- the old regime as a political police media coverage and was closely fol- plicant lodged two sets of criminal instrument. Moreover, there had lowed by the general public – was a proceedings against C.I. and M.D. been no legislative framework at highly important one for Romanian for insult and defamation. The two the relevant time allowing the society. Collaboration by politicians journalists were acquitted, among public access to Securitate f iles, a with that organisation was a highly other things because their remarks state of affairs for which the appli- sensitive social and moral issue in had been “general and indetermi- cant could not be held responsible. the Romanian historical context. nate”, and the applicant’s civil Accordingly, the Court was not con- claims were dismissed. A certificate However, the Court found that in vinced that the reasons given by the issued in 2004 by the national re- spite of the satirical character of the domestic courts to protect freedom

Petrina v. Romania 21 Human rights information bulletin, No. 75 Council of Europe of expression were suff icient to take mously that there had been a non-pecuniary damage. (The judg- precedence over the applicant’s rep- violation of Article 8 and awarded ment is available only in French.) utation. It accordingly found unani- Mr Petrina EUR 5 000 in respect of

Leroy v. France

Judgment of 2 October 2008. Concerns: Mr Leroy complained about his conviction for complicity in Article 6 § 1 (violation); Article 10 (no violation) condoning terrorism. In addition, he complained that the proceedings in the Court of Cassation had been unfair.

Principal facts nally, indirectly encourages the po- Although the domestic courts had tential reader to evaluate positively not taken the applicant’s intentions The applicant, Denis Leroy, is a the successful commission of a into account, they had examined French national who was born in criminal act.” whether the context of the case and 1966 and lives in Bayonne (France). the public interest justif ied the pos- He is a cartoonist, and works in this The Court of Cassation dismissed sible use of a measure of provoca- capacity for various local publica- the main part of an appeal on points tion or exaggeration. In this respect, tions, including the Basque weekly of law lodged by the applicant. it had to be recognised that the newspaper Ekaitza, which has its drawing had assumed a special sig- head office in Bayonne. Decision of the Court nificance in the circumstances of The case concerned the applicant’s Article 10 the case, as the applicant must have conviction for complicity in con- realised. He submitted his drawing doning terrorism, following the The Court considered that the ap- on the day of the attacks and it was publication of a drawing which con- plicant’s conviction amounted to an published on 13 September, with no cerned the attacks of 11 September interference with the exercise of his precautions on his part as to the 2001. right to freedom of expression. This language used. In the Court’s opin- On 11 September 2001 the applicant interference was prescribed by ion, this factor – the date of publica- submitted to Ekaitza’s editorial French law and pursued several le- tion – was such as to increase the team a drawing representing the gitimate aims, having regard to the applicant’s responsibility in his attack on the twin towers of the sensitive nature of the fight against account of, and even support for, a World Trade Centre, with a caption terrorism, namely the maintenance tragic event, whether considered which parodied the advertising of public safely and the prevention from an artistic or a journalistic slogan of a famous brand: “We have of disorder and crime. It remained perspective. In addition, the impact all dreamt of it... Hamas did it”. The to be determined whether this in- of such a message in a politically drawing was published in the news- terference was “necessary in a dem- sensitive region, namely the Basque paper on 13 September 2001. In its ocratic society”. Country, was not to be overlooked; next issue, the newspaper published The Court noted at the outset that the weekly newspaper’s limited cir- extracts from letters and emails re- the tragic events of 11 September culation notwithstanding, the ceived in reaction to the drawing. 2001, which were at the origin of the Court noted that the drawing’s pub- Following publication of the draw- impugned expression, had given lication had provoked a certain ing, the Bayonne public prosecutor rise to global chaos, and that the public reaction, capable of stirring brought proceedings against the ap- issues raised on that occasion were up violence and demonstrating a plicant and the newspaper’s pub- subject to discussion as a matter of plausible impact on public order in lishing director on charges of public interest. the region. complicity in condoning terrorism The applicant complained that the Consequently, the Court considered and condoning terrorism. French courts had denied his real that the grounds put forward by the In January 2002 the court convicted intention, which was governed by domestic courts in convicting the them of these charges and ordered political and activist expression, applicant had been “relevant and them to pay a fine of EUR 1 500 namely that of communicating his suff icient”. each, to publish the judgment at anti-Americanism through a satiri- In conclusion, having regard to the their own expense in Ekaitza and cal image and illustrating the modest nature of the fine imposed two other newspapers and to pay decline of American imperialism. on the applicant and the context in costs. In September 2002 the Pau The Court, however, considered which the impugned drawing had Court of Appeal upheld the judg- that the drawing was not limited to been published, the Court found ment of the first-instance court. In criticism of American imperialism, that the measure imposed on the particular, it held that “by making a but supported and glorified the lat- applicant had not been dispropor- direct allusion to the massive ter’s violent destruction. In this tionate to the legitimate aim pur- attacks on Manhattan, by attribut- regard, the Court based its finding sued. Accordingly, there had not ing these attacks to a well-known on the caption which accompanied been a violation of Article 10. terrorist organisation and by ideal- the drawing, and noted that the ap- ising this lethal project through the plicant had expressed his moral Article 6 § 1 use of the verb ‘to dream’, [thus] un- support for those whom he pre- equivocally praising an act of death, sumed to be the perpetrators of the Reiterating its constant case-law on the cartoonist justifies the use of attacks of 11 September 2001. this matter, the Court concluded terrorism, identifies himself Through his choice of language, the that there had been a violation of through his use of the first person applicant commented approvingly Article 6 § 1 on account of the plural (“We”) with this method of on the violence perpetrated against failure to communicate to the appli- destruction, which is presented as thousands of civilians and dimin- cant the report by the reporting the culmination of a dream and, fi- ished the dignity of the victims. judge. The Court further held that it

22 Selected Chamber judgments Council of Europe European Court of Human Rights

was not necessary to examine sepa- the date of the hearing before the rately the complaint alleging a Court of Cassation. failure to provide information as to

Kuznetsov and Others v. Russia

Article 11 (violation) Judgment of 23 October 2008. Concerns: The case concerned the applicant’s complaint about his subsequent fine for: sending the picket notice too late; obstructing the passageway to the court building; and, distributing publications which alleged that the Regional Court was corrupt and called for the dismissal of its President.

Principal facts of its President. He relied on Thirdly, however insulting the Pres- Articles 10 (freedom of expression) ident of the Regional Court might The applicant, Sergey Vladimirov- and 11 (freedom of assembly and as- ich Kuznetsov, is a Russian national have considered the publications sociation). who was born in 1957 and lives in distributed by the applicant during Yekaterinburg (Russia). the picket and the call for his dis- Decision of the Court On 25 March 2003 Mr Kuznetsov missal, that documentation had not and a few others held a picket in Firstly, the Court noted that the ap- contained any defamatory state- front of the Sverdlovsk Regional plicant had submitted the picket ments, incitement to violence or re- Court to attract public attention to notice eight days, instead of ten jection of democratic principles. violations of the right of access to a days as stipulated in the applicable The Court therefore concluded that court. The applicant having noti- regulations, before the event. It con- the Russian authorities had not pro- fied the authorities of the picket sidered, however, that to be a vided “relevant and sufficient” eight days beforehand, the police merely formal breach of a time- reasons to justify the interference were ordered to maintain public limit. Moreover, that two-day differ- with the applicant’s right to order and traffic safety during the ence did not prevent the authorities freedom of expression and assembly event. The case concerned the ap- from making the necessary prepara- and held unanimously that there plicant’s complaint about his subse- tions for the picket. Secondly, no had been a violation of Article 11 in- quent fine for: sending the picket complaints had been received from notice too late; obstructing the pas- visitors, judges or court employees terpreted in the light of Article 10. sageway to the court building; and, about the alleged obstruction of Mr Kuznetsov was awarded EUR distributing publications which entry to the courthouse and the ap- 1 500 in respect of non-pecuniary alleged that the Regional Court was plicant had co-operated with the damage. (The judgment is available corrupt and called for the dismissal authorities when asked to move. only in English.)

Internet: http://www.echr.coe.int/

Kuznetsov and Others v. Russia 23 Execution of the Court’s judgments

The Committee of Ministers supervises the execution of the Court’s final judgments by ensuring that all the necessary measures are adopted by the respondent states in order to redress the consequences of the violation of the Convention for the victim and to prevent similar violations in the future.

The Convention (Article 46, paragraph 2) tion of adequate detention centres for young entrusts the Committee of Ministers (CM) with offenders, etc. the supervision of the execution of the In view of the large number of cases reviewed European Court of Human Rights’ (ECtHR) by the CM, only a thematic selection of those judgments. The measures to be adopted by the appearing on the agenda of the 1035th Human respondent state in order to comply with this Rights (HR) meeting1 (16-17 September 2008) is obligation vary from case to case in accordance presented here. Further information on the with the conclusions contained in the below mentioned cases as well as on all the judgments. others is available from the Directorate General of Human Rights and Legal Affairs, as well as The applicant’s individual situation on the website of the Department for the With regard to the applicant’s individual Execution of Judgments of the European Court situation, the measures comprise notably the of Human Rights (DG-HL). effective payment of any just satisfaction As a general rule, information concerning the awarded by the ECtHR (including interests in state of progress of the adoption of the execu- case of late payment). Where such just satisfaction measures required is published some ten tion is not sufficient to redress the violation days after each HR meeting, in the document found, the CM ensures, in addition, that specific called “annotated agenda and order of measures are taken in favour of the applicant. business” available on the CM website: These measures may, for example, consist in www.coe.int/CM (see Article 14 of the new granting of a residence permit, reopening of Rules for the application of Article 46, § 2, of criminal proceedings and/or striking out of the Convention adopted in 20062). convictions from the criminal records. Interim and Final Resolutions are accessible The prevention of new violations through www.echr.coe.int on the Hudoc database: select “Resolutions” on the left of the The obligation to abide by the judgments of the screen and search by application number and/ ECtHR also comprises a duty of preventing or by the name of the case. For resolutions new violations of the same kind as that or referring to grouped cases, resolutions can those found in the judgment. General more easily be found by their serial number: measures, which may be required, include type in the “text” search field, between notably constitutional or legislative amend- brackets, the year followed by NEAR and the ments, changes of the national courts’ case-law number of the resolution. Example: (2007 (through the direct effect granted to the NEAR 75) ECtHR’s judgments by domestic courts in their interpretation of the domestic law and of the 1. Meeting specially devoted to the supervision of the exe- Convention), as well as practical measures such cution of judgments as the recruitment of judges or the construc- 2. Replacing the Rules adopted in 2001

1035th HR meeting – General Information

During the 1035th meeting (16-17 September individual measures to erase the consequences 2008), the CM supervised payment of just satis- of violations (such as striking out convictions faction respectively in some 984 cases. It also from criminal records, reopening domestic monitored, in some 255 cases the adoption of judicial proceedings, etc.) and, in some 3 997

24 1035th HR meeting – General Information Council of Europe Execution of the Court’s judgments

cases (sometimes grouped together), the started examining 361 new ECtHR judgments adoption of general measures to prevent and considered draft final resolutions similar violations (e.g. constitutional and legis- concluding, in 111 cases respectively, that states lative reforms, changes of domestic case-law had complied with the ECtHR’s judgments. and administrative practice). The CM also

Main texts adopted at the 1035th meeting

After examination of the cases on the agenda of concluded that the execution obligations had the 1035th meeting, the Deputies have notably not been entirely fulfilled yet, it decided to adopted the following texts. resume consideration of the case(s) at a later meeting. In some cases, it also expressed in Selection of decisions adopted detail in the decision its assessment of the During the 1035th meeting, the CM examined situation. A selection of these decisions is 5 990 cases and adopted for each of them a presented below, according to the (English) decision, available on the CM website (http:// alphabetical order of the member state www.coe.int/cm/). Whenever the CM concerned.

41153/06, judgment of Dybeku against Albania the European Prison Rules, as revised and 18 December 2007, final updated by Recommendation Rec (2006) 2; on 2 June 2008 Ill-treatment suffered by the applicant since 3. in this context, welcomed the authorities 2003 as a result of detention conditions which commitment to publish the report that will be are not adequate to his health problems given by the European Committee for the (violation of Article 3). Prevention of Torture and Inhuman or The Deputies, Degrading Treatment or Punishment (CPT) 1. took note of the information provided by the following their visit to Albania in June 2008; Albanian authorities during the meeting on the 4. welcomed the commitment made by the measures taken in relation to the applicant’s Albanian authorities to adopt the necessary detention conditions and his transfer to Kruja general measures, and invited them to keep the prison, where he will be able to benefit from Committee informed in this respect, specialised medical treatment; 5. decided to resume consideration of this case: 2. stressed that in its judgment the European – at their 1043rd meeting (2-4 December Court stated that necessary measures to secure 2008) (DH), in light of the further informa- appropriate conditions of detention and tion to be provided on the payment of just adequate medical treatment, particularly for satisfaction, if necessary, prisoners who need special care owing to their state of health, should be taken as a matter of – at the latest at their first DH meeting of urgency and recalled the common principles 2009, in the light of further information to and standards set out in the Committee of be provided on the individual and general Ministers’ Recommendation No. R (87) 3 on measures.

12643/02, judgment of Moser against Austria a public hearing and of public pronouncement 21 September 2006, final of the decisions (3 violations of Article 6§1). on 21 December 2006 Violation by a domestic court of a mother’s right to custody of her child, born in 2000, by The Deputies decided to resume consideration placing the child with foster parents eight days of this item, after birth and transferring custody to the 1. at their 1043rd meeting (2-4 December 2008) Youth Welfare Office without exploring (DH), in the light of further information to be alternative solutions (violation of Article 8); provided on individual measures; violation of the principle of equality of arms 2. at the latest at their first DH meeting in because of the lack of opportunity to comment 2009, in the light of further information to be on reports of the Welfare Office, the absence of provided on general measures.

33138/06, judgment of Pilčić and Štitić against Croatia Also, in the Štitić case, lack of effective remedy 17 January 2008, final on in respect of the poor detention conditions 17 April 2008 Inhuman and/or degrading treatment on (violation of Article 13). 29660/03, judgment of account of the lack of adequate medical 8 November 2007, final treatment with respect to the health conditions The Deputies, on 31 March 2008 of the first applicant during his detention, since 1. noted with interest the information provided July 2003, and on account of the poor detention by the Croatian authorities on the current conditions of the second applicant from health condition of the applicant in the Pilčić September 2004 to November 2005 and from case and on the measures taken with a view to March to June 2006 (Violations of Article 3). conducting the required surgery;

1035th HR meeting – General Information 25 Human rights information bulletin, No. 75 Council of Europe

2. decided to resume consideration of these necessary, on the payment of just satisfaction cases at their 1043rd meeting (2-4 December in the Pilčić case, and to join them with the 2008) (DH), in the light of further information Cenbauer case in order to examine the general to be provided on the above issue as well as, if measures.

Gregoriou against Cyprus and 20 other 4. welcomed the authorities’ commitment to 62242/00, judgment of similar cases consider the possibility of introducing an 25 March 2003, final on equivalent remedy for criminal proceedings, in 9 July 2003 Excessive length of proceedings before civil light of the Committee of Ministers’ Recom- courts; lack of an effective domestic remedy mendation Rec (2004) 6 to member states on (violations of Articles 6§1 and 13). the improvement of domestic remedies; The Deputies, 1. noted that a significant number of similar 5. decided to resume consideration of these cases are pending before the European Court; cases: 2. in view of the systemic nature of the problem – at their 1043rd meeting (2-4 December of excessive length of proceedings, urged the Cypriot authorities to take all necessary 2008) (DH), in the light of information to be remedial action; provided on payment of the just satisfac- 3. took note with interest of the research being tion, if necessary; undertaken by the Supreme Court on the causes of excessive length of proceedings and – at the latest at their first DH meeting in the draft law for effective remedies against 2009, in the light of further information to excessive length of procedure in civil cases, be provided on the general measures and which remains to be assessed; the individual measures, if necessary.

D.H. and Others against the Czech 1. took note with interest of the detailed infor- 57325/00, judgment of Republic mation submitted by the Delegation of the 13 November 2007 – Czech Republic on the comprehensive Grand Chamber Discrimination in the enjoyment of the right to measures envisaged to address the issue of education due to the applicants’ assignment to inclusion of Roma children in the education special schools between 1996 and 1999 on system in a non-discriminatory way; account of their Roma origin (Violation of 2. invited the Czech authorities to submit the Article 14 in conjunction with Article 2 of announced action plan in due time and keep Protocol No. 1). Discrimination of the the Committee of Ministers informed of the applicants, on the basis of their Roma origin, in progress in taking general measures; the enjoyment of their right to education from 3. decided to resume consideration of this case: 1996 to 1999 on account of their placement in – at their 1043rd meeting (2-4 December special schools designated for mentally 2008) (DH), in the light of information to be disabled children and lack of opportunity to provided on payment of the just satisfac- receive education in “normal” or special tion, if necessary; primary schools (violation of Article 14 in conjunction with Article 2 of Protocol No. 2). – at the latest at their second DH meeting of 2009 to consider further information on The Deputies, general measures.

Makaratzis against Greece and 6 other The Deputies, 50385/99, judgment of similar cases 20 December 2004 – 1. took note with interest of the considerable Grand Chamber Use of potentially lethal force by the police number of measures adopted by the Greek during a car pursuit in the absence of an authorities, including very recently, in order to adequate legislative and administrative avoid similar violations; framework governing the proper use of firearms (violation of positive obligation 2. noted also the detailed information they pursuant to Article 2 to protect life); ill- provided in the majority of these cases treatment of victims while under the control of concerning the possibility of carrying out new the police (violation of Article 3); absence of investigations of the facts complained of and effective investigation in this regard the additional clarification given in this respect (procedural violations of Articles 2 and 3); at the meeting, which remain to be assessed; failure to investigate whether or not racist motives on the side of the police may have 3. decided to resume consideration of these played a role in some cases (violation of cases at the latest at their first DH meeting Article 14 combined with Article 3). in 2009.

26 1035th HR meeting – General Information Council of Europe Execution of the Court’s judgments

64705/01, judgment of Mostacciuolo Giuseppe (No. 1) against 2. took note of the information provided by the 29 March 2006 – Grand Italy and 26 other similar cases Italian authorities on the abolition of certain Chamber procedural fees related to the proceedings at Excessive length of civil proceedings, issue; aggravated by the inadequate and insufficient 3. recalled that a compensatory remedy must character of the domestic remedy (Pinto law) be accompanied by adequate arrangements so in view of the inadequate amount of the that domestic decisions awarding compensa- compensation awarded and its late payment tion are executed within the statutory six (violation of Article 6§1). month limit and encouraged the Italian The Deputies, authorities to take rapidly the necessary 1. took note with interest of the information measures to this effect; provided by Italian authorities on the recent 4. invited the Italian authorities to provide Court of Cassation case-law which, since the information on the payments of compensation judgments it delivered in 2004, continues to awarded at national level to the applicants; apply the criteria set by the European Court to 5. decided to resume consideration of these determine the level of the compensation to be cases at the latest at their first DH meeting of awarded in proceedings brought under the law 2009, on the basis of further information No. 89/2001 (Pinto Act); awaited on individual and general measures.

3456/05, judgment of Sarban against Moldova and 10 other lack of sufficient and relevant reasons for 4 October 2005, final on similar cases decisions concerning detention on remand and 4 January 2006 its extension; Violations related to the applicants’ arrest without reasonable suspicion of them having 2. took note of the information communicated committed an offence and their placement in by the authorities on different measures detention without a court decision (violations adopted by the authorities with a view to of Article 5§1); to their detention on remand guaranteeing the respect of the requirements and its extension without relevant and of Article 5 of the Convention by the relevant sufficient grounds and violation of their right national authorities; to be released pending trial (violations of Article 5§3); failure to ensure a prompt 3. invited the authorities to provide informa- examination of the lawfulness of the detention tion on measures taken and/or envisaged with and failure to respect the principle of equality a view to preventing new violations of the right of arms (violations of Article 5§4); poor to individual petition; detention conditions, lack of medical 4. decided to resume consideration of these assistance in detention and lack of cases at the latest at their first DH meeting in investigation into allegations of intimidation 2009, in the light of information to be provided (violations of Article 3); violation of the right to on individual measures in the Stepuleac case, an individual petition (violation of Article 34). on additional information on general The Deputies, measures, and on the basis of a possible 1. noted the systemic character of violations memorandum to be prepared by the Secre- found by the Court, in particular regarding the tariat.

45701/99, judgment of Metropolitan Church of Bessarabia and authorities in Chisinau on 8 and 9 September 13 December 2001, final Others against Moldova 2008; on 27 March 2002 – Interim Resolution Biserica Adevărat Ortodoxă din Moldova 2. invited the Secretariat to draft a ResDH (2006) 12 and Others against Moldova memorandum paying particular attention to 952/03, judgment of the issues related to the development of the Failure of the government to recognise the 27 February 2007, final on activity of the directorate of religious affairs 27 May 2007 applicant Church and absence of effective and to the protection granted by Moldovan domestic remedy in this respect (violation of legislation to religious groupings or denomina- Articles 9 and 13). tions which are not registered under the new The Deputies, recalling the decision adopted at law; their 1028th meeting (3-5 June 2008) (DH), 3. decided to resume consideration of these 1. took note of the preliminary conclusions items at their 1043rd meeting (2-4 December provided by the Secretariat following the bilat- 2008) (DH), in the light of the conclusions of eral meetings held with the relevant Moldovan the memorandum.

25792/94, judgment of Trzaska against Poland and 88 other deficiencies of the procedure for review of the 11 July 2000 similar cases lawfulness of pre-trial detention (violation of Interim Resolution CM/ Articles 5§3 and 5§4). ResDH (2007) 75 Excessive length of pre-trial detention and The Deputies,

1035th HR meeting – General Information 27 Human rights information bulletin, No. 75 Council of Europe

1. noted with interest the general measures Court on the length of detention on remand taken and envisaged following the adoption of does not really seem to be reducing; Interim Resolution CM/ResDH (2007) 75 of 3. encouraged the authorities to intensify their 6 June 2007, in particular the draft amendment efforts to reduce the excessive length of deten- to the Code of Criminal Procedure, the aware- tion on remand; ness raising measures and the creation of a 4. decided to resume consideration of these working group within the Ministry of Justice to items: assess the trend concerning the length of – at their 1043rd meeting (2-4 December detention on remand; 2008) (DH), in the light of further information to be provided on payment of the just 2. noted, however, with concern that it appears satisfaction, if necessary, that there is still no effective domestic mechanism allowing the evaluation of the trend – at the latest at their second DH meeting in regarding the length of detention on remand 2009, in the light of information to be pro- and that the number of pending cases and of vided on additional general measures and new applications lodged before the European on individual measures, if need be.

Rotaru against Romania necessity rapidly to adopt concrete measures in 28341/95, judgment of order to avoid new, similar violations (see in 4 May 2000 – Grand Lack of sufficient legal safeguards concerning particular Interim Resolution Chamber, Interim Resolu- tion ResDH (2005) 57 the storage and use, by the intelligence service, ResDH (2005) 57); of personal data (violation of Article 8); lack of an effective remedy in this respect (violation of 4. noted in this respect with interest the infor- Article 13); failure of a court to rule on one of mation submitted by the Romanian authorities the applicant’s complaints (violation of during bilateral consultations in July 2008 and Article 6§1). at the present meeting, concerning in particular the adoption of an Emergency Ordinance The Deputies, No. 24/2008 related to the archives of the 1. underlined that the judgment of the former secret service and the current legislative European Court in this case became final more framework regulating the protection of than eight years ago; personal data; 2. recalled that a wide-ranging legislative 5. decided to resume consideration of this case reform related among other things to the activ- at their 1043rd meeting (2-4 December 2008) ities of the Romanian intelligence service had (DH), in the light of the assessment of the been under way for several years; information submitted by the Romanian 3. underlined, however, that the Committee of authorities as well as of further information to Ministers had already several times stressed the be provided on general measures.

Străin and Others against Romania and 3. noted that the recent information, in partic- 57001/00, judgment of 51 other similar cases ular the submissions of NGOs under Rule 9§2 21 July 2005, final on of the Rules of the Committee of Ministers for 30 November 2005 Failure to restore nationalised buildings to the supervision of the execution of judgments their owners or to compensate them, following and of the terms of friendly settlements, still the sale of the buildings by the state to third needs to be assessed; persons (violation of Article 1, Protocol No. 1). 4. recalled furthermore that information has The Deputies, still to be provided by the Romanian authori- 1. recalled that the questions raised in these ties on the issue of compensation for prejudice cases concern an important systemic problem, resulting from the prolonged absence of related particularly to the failure to restore or compensation of persons deprived of their compensate nationalised property, sold subse- property despite final judgments ordering its quently by the state to third parties, which it is return, which is not covered by the current important to remedy as soon as possible to mechanism; avoid a large number of new, similar violations; 5. decided consequently to resume considera- 2. noted with interest the information provided tion of these items at their 1043rd meeting by the Romanian authorities on the (2-4 December 2008) (DH), in the light of functioning of the restitution/compensation further information to be provided on payment mechanism and on measures adopted with a of the just satisfaction, if necessary, and at the view to its improvement, in particular the latest at their first DH meeting in 2009, in the creation of a new possibility of monetary light of further information to be provided, on compensation; both individual and general measures.

28 1035th HR meeting – General Information Council of Europe Execution of the Court’s judgments

57942/00, judgment of Khashiyev and Akayeva against the 3. noted however that one of the general 24 February 2005, final Russian Federation and 12 other similar problems relates to the effectiveness of on 6 July 2005, rectified domestic investigations and stressed that this on 1 September 2005 cases CM/Inf/DH (2006) 32 issue should be addressed as a matter of Violations resulting from the action of the priority in order to ensure rapid adoption of the revised 2, CM/Inf/ Russian security forces during anti-terrorist DH (2008) 33 individual and general measures required by operations in Chechnya between 1999 and the European Court’s judgments; 2001: state responsibility established for deaths, disappearances, ill-treatment, unlawful 4. encouraged the Russian authorities to searches and destruction of property; failure to organise bilateral consultations between the take measures to protect the right to life; lack Secretariat and the competent Russian author- of effective investigations into abuses and ities with a view to examining all issues raised absence of effective remedies; ill-treatment of in the Memorandum CM/Inf/DH (2008) 33, to the applicants’ relatives due to the attitude of identify possible solutions and to inform the the investigating authorities (violation of Committee of a time-frame for bilateral Articles 2, 3, 5, 8, 13 and of Article 1 Protocol consultations; No. 1). Non-compliance with the obligation to 5. stressed anew the fundamental importance co-operate with the ECHR organs contrary to of the obligation imposed by Article 38§1 (a) of Article 38 of the ECHR in several cases. the Convention and urged the Russian author- The Deputies, having considered the ities to explore to the fullest possible extent the Memorandum CM/Inf/DH (2008) 33 on “the mechanisms provided by their national legisla- actions of the Russian security forces in the tion and the Convention in order to establish a Chechen Republic: general measures to comply coherent procedure for submitting the neces- with the judgments of the European Court – sary information to the European Court; Part one” prepared by the Secretariat, 6. decided to declassify the Memorandum; 1. recalled that the European Court’s judgments 7. decided to resume consideration of these revealed important general problems which cases at their 1043rd meeting (2-4 December must be addressed by the authorities; 2008) (DH), in the light of further information 2. noted with satisfaction the positive develop- to be provided on general and individual ments in the adoption of general measures measures and of the second part of the required by the judgments of the European Memorandum to be prepared by the Secre- Court; tariat.

42086/05, judgment of Liu and Liu against the Russian 2. took note of the measures taken by the 6 December 2007, final Federation authorities to ensure that the new proceedings on 2 June 2008 concerning the first applicant’s application for Risk of interference with the applicants’ family a residence permit comply with the Conven- life in case of implementation of an enforceable tion requirements and the findings of the deportation order against the first applicant, European Court; issued by the Federal immigration authorities 3. decided to resume examination of this case of Russia in 2005, without any independent at their 1043rd meeting (2-4 December 2008) review or adversarial proceedings (violation of (DH), in the light of further information to be Article 8). provided on the first applicant’s situation and, The Deputies, if necessary, on the payment of the just satisfac- 1. took note of the information provided by the tion, and to joint it at the same meeting with Russian authorities at the meeting on the first the Bolat case for examination of general applicant’s current situation, in particular of measures in the light of the assessment by the the fact that the deportation order had been Secretariat of the information provided by the repealed and the first applicant had presently authorities and of further possible informa- the right to apply for a residence permit; tion.

25781/94, judgment of Cyprus against Turkey northern part of Cyprus (violation of Articles 9, 10 May 2001 – Grand 10, 1 Protocol No. 1, 2 Protocol No. 1, 3, 8 and 13); Chamber rights of Turkish Cypriots living in the CM/Inf/DH (2008) 6, CM/ 14 violations in relation to the situation in the Inf/DH (2007) 10/1rev, northern part of Cyprus since the military northern part of Cyprus (violation of Article 6). CM/Inf/DH (2007) 10/ intervention by Turkey in July and August 1974 The Deputies, 3rev, CM/Inf/ and concerning: Greek Cypriot missing On the issue of missing persons: DH (2007) 10/6, CM/Inf/ persons and their relatives (violation of DH (2008) 6/5 1. reiterated their evident interest for the work Interim Resolutions Articles 2, 5 and 3); home and property of ResDH (2005) 44 and CM/ displaced persons (violation of Articles 8, 1 by the CMP; ResDH (2007) 25 Protocol No. 1 and 13); living conditions of 2. considering the limits of the CMP’s mandate, Greek Cypriots in Karpas region of the reaffirmed the need for the Turkish authorities

1035th HR meeting – General Information 29 Human rights information bulletin, No. 75 Council of Europe to take additional measures to ensure that the On the issue of the property rights of displaced effective investigations required by the persons: judgment are carried out, and urged them to 4. took note of the information provided by the provide without further delay information on Turkish delegation concerning the possibilities the concrete means envisaged to achieve this offered by exchange of property as a means of result; redress in cases before the “Immovable Proper- On the issue of the property rights of enclaved ties Commission”, but nonetheless noted, once persons: more, with regret, that no information has been provided on the questions relevant to the 3. took note with great interest of the informa- execution of the judgment of the Court as they tion provided by the Turkish authorities on this were specified and clarified in the information issue and invited them to send this information document CM/Inf/DH (2008) 6/5, and reiter- in writing, together with any relevant text and ated their insistent invitation to the Turkish decision, to the Committee of Ministers in time authorities to reply to these questions without to allow a thorough debate at the next meeting; further delay; 5. decided to resume consideration of this case at their 1043rd meeting (2-4 December 2008) (DH).

Loizidou against Turkey 2. considered however that this offer still raises 15318/89, judgment of important questions which need to be clari- 18 December 1996 (mer- Continuous denial of access by the applicant to fied, in particular concerning why the restitu- its), Interim Resolutions her property in the northern part of Cyprus and DH (99) 680, tion could not be envisaged in the present case; consequent loss of control thereof (violation of DH (2000) 105, ResDH (2001) 80 Article 1, Protocol No. 1). 3. decided to resume consideration of this case The Deputies, at their 1043rd meeting (2-4 December 2008) 1. noted with interest the additional explana- (DH), in the light of additional information to tions provided by the Turkish authorities on be provided by the Turkish authorities on this the offer made to the applicant; issue.

Xenides-Arestis against Turkey under Article 41 have been due since 46347/99, judgments of 23 August 2007 and called upon Turkey to pay 22 December 2005, final Violation of the right to respect for the these amounts, as well as the default interest on 22 March 2006 and of applicant’s home (violation of Article 8) due to 7 December 2006, final due, without further delay; continuous denial of access to her property in on 23 May 2007 the northern part of Cyprus and consequent 2. decided to resume consideration of the CM/Inf/DH (2007) 19 loss of control thereof (violation of Article 1, examination of the issues raised in this case at Protocol No. 1). their 1043rd meeting (2-4 December 2008) (DH), if necessary, on the basis of a draft The Deputies, interim resolution. 1. recalled that the amounts awarded in the judgment of the Court of 7 December 2006

Hulki Güneş against Turkey and 2 other 2. reiterated with grave concern that the said 28490/95, judgment of similar cases legal lacuna also prevents the reopening of 19 June 2003, final on proceedings at issue in the cases of Göçmen and 19 September 2003 Interim Resolutions Unfairness of criminal proceedings and ill- Söylemez; treatment of the applicants while in police ResDH (2005) 113, CM/ 3. noted that, if the present situation persisted, ResDH (2007) 26 and CM/ custody. In some cases, lack of independence it would amount to a manifest breach of ResDH (2007) 150 and impartiality of state security courts; Turkey’s obligation under Article 46, excessive length of criminal proceedings; paragraph 1, of the Convention; absence of an effective remedy (violations of 4. once again strongly urged the Turkish Articles 6 §§ 1 and 3, 3 and 13). authorities to respond to the Committee’s The Deputies, demands; 1. recalled that the Turkish authorities have still 5. decided to resume consideration of these not responded to any of the interim resolutions cases at their 1043rd meeting (2-4 December adopted, in particular that of December 2007 2008) (DH); (CM/ResDH (2007) 150), calling upon them to 6. decided also to examine these cases at each redress the violations found in respect of the regular meeting of the Committee of Ministers applicant and strongly urging them to remove should the Turkish authorities fail to provide the legal lacuna preventing the reopening of any tangible information on the measures they domestic proceedings in the case of Hulki envisage taking at the 1043rd meeting (2-4 Güneş; December 2008) (DH).

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46827/99, judgment of Mamatkulov and Askarov against Turkey indicated by the European Court under 4 February 2005 – Grand and another similar case Rule 39; Chamber Failure to comply with an interim measure 3. invited nonetheless the Turkish authorities ordered by the ECtHR, thus hindering the to provide further information on additional effective exercise of the right of petition to the measures envisaged to prevent similar viola- ECtHR: the applicants’ expulsion to tions in the future; Uzbekistan in 1999, in spite of the ECtHR’s 4. noted with interest the information with order to suspend it, prevented the ECtHR from respect to the initiatives taken by the Turkish effectively examining their complaints that ambassador in Uzbekistan to contact the they risked being tortured in Uzbekistan and families of the applicants in order to ensure that the extradition proceedings in Turkey had that they obtain declarations signed by the been unfair, as well as the criminal proceedings applicants authorising certain persons to against them in Uzbekistan, which led to their receive the just satisfaction amounts in the conviction to 20 and 11 years’ imprisonment Mamatkulov and Askarov case; respectively (violation of Article 34). 5. noted the information that the applicants’ The Deputies, families faced serious difficulties in obtaining 1. stressed the fundamental importance of such declarations due to the security restric- complying with the interim measures indicated tions imposed by the Uzbek prison authorities; by the Court under Rule 39 of the “Rules of Court”; 6. encouraged the Turkish authorities to continue their efforts in this regard; 2. took note of information submitted by the Turkish authorities that the judgment of 7. decided to resume consideration of these Mamatkulov and Askarov had been translated items at their 1043rd meeting (2-4 December and distributed to the relevant administrative 2008) (DH) in the light of information to be authorities to prevent similar violations in the provided on payment of just satisfaction in the future and that, except in the case of Mostafa case of Mamatkulov and Askarov, and to join to and Others, the authorities had, ever since, it the case of Mostafa and Others in order to complied with each and every interim measure examine the general measures.

Interim Resolution Aksoy against Turkey and 243 other abuses (violations of Articles 2, 3, 5, 8 and 13 ResDH (2005) 43, CM/Inf/ similar cases and of Article 1 of Protocol No. 1). In several DH (2006) 24 revised 2 cases, failure to co-operate with the ECHR Violations resulting from actions of the organs as required under Article 38 ECHR. security forces, in particular in the southeast of The Deputies, Turkey, mainly in the 1990s (unjustified 1. adopted Interim Resolution CM/ destruction of property, disappearances, ResDH (2008) 69 as it appears in the Volume of infliction of torture and ill-treatment during Resolutions; police custody and killings committed by 2. decided to resume consideration of these members of security forces); subsequent lack cases, as regards outstanding general measures, of effective investigations into the alleged at the latest at their third DH meeting in 2009.

38187/97, judgment of Adalı against Turkey The Deputies, 31 March 2005, final on 12 October 2005 Lack of an effective investigation into the death 1. took note of the latest information provided of the applicant’s husband, who was shot in concerning the individual measures, in partic- 1996 (violation of Articles 2 and 13) and ular the additional investigation into the killing interference with the applicant’s freedom of of the applicant’s husband, as well as the association on account of a refusal of general measures; permission to cross from northern part of Cyprus to the southern part to attend a bi- 2. decided to resume consideration of this case communal meeting in 1997 (violation of at their 1043rd meeting (2-4 December 2008) Article 11). (DH) in order to assess this information.

38595/97, judgment of Kakoulli against Turkey 1. took note of the latest information provided 22 November 2005, final concerning in particular the investigation into Killing in 1996 of the applicant’s husband and on 22 February 2006 the killing of the applicant’s relative and the father by soldiers on guard duty along the instructions governing the use of firearms; ceasefire line in Cyprus and lack of an effective and impartial investigation into this killing 2. invited the authorities rapidly to provide the (Violation of Article 2). necessary clarification on the individual The Deputies, measures adopted and decided to resume

1035th HR meeting – General Information 31 Human rights information bulletin, No. 75 Council of Europe consideration of this issue at their 1043rd 3. invited the authorities to provide additional meeting (2-4 December 2008) (DH); clarification on the general measures and decided to resume consideration of this issue at the latest at their first DH meeting in 2009.

Ülke against Turkey 2. reiterated their grave concern that, since the 39437/98, judgment of adoption of the Interim Resolution, the appli- 24 January 2006, final on Degrading treatment as a result of the cant’s situation is unchanged and that he is still 24 April 2006 applicant’s repetitive convictions between 1996 facing the risk of imprisonment on the basis of and 1999 and imprisonment for having refused a previous conviction; to perform compulsory military service on 3. recalled the European Court’s finding in this account of his convictions as a pacifist and case that the possibility that the applicant is conscientious objector (substantive violation liable to prosecution for the rest of his life of Article 3). amounted almost to “civil death” which was The Deputies, incompatible with the punishment regime of a democratic society within the meaning of 1. recalled Interim Resolution CM/ Article 3; ResDH (2007) 109 adopted in October 2007, in 4. urged the Turkish authorities to take without which the Committee urged the Turkish further delay the necessary measures identified authorities “to take without further delay all in the Interim Resolution; necessary measures to put an end to the violation of the applicant’s rights under the Conven- 5. decided, in accordance with the Interim tion and to adopt rapidly the legislative reform Resolution mentioned above, to resume exami- necessary to prevent similar violations of the nation of this case at their 1043rd meeting (2-4 Convention”; December 2008) (DH).

Gongadze against Ukraine nation of the tape recordings which may lead to 34056/02, judgment of the identification of instigators and organisers 8 November 2005, final Prosecutor’s failure, in 2000, to honour his of the murder of the applicant’s husband; on 8 February 2006 obligation to take adequate measures to Interim Reoslution CM/ ResDH (2008) 35 protect the life of a journalist threatened by 2. invited the Ukrainian authorities to keep the unknown persons, possibly including police Committee informed of the progress of these officers; inefficient investigation into the negotiations so as to ensure, if necessary, that journalist’s subsequent death; degrading an alternative solution may rapidly be found, as treatment of the journalist’s wife on account of far as the required technical expertise is the attitude of the investigating authorities; concerned; lack of an effective remedy in respect of the inefficient investigation and in order to obtain 3. decided to resume consideration of this case compensation (violation of Articles 2, 3 and 13). at their 1043rd meeting (2-4 December 2008) The Deputies, (DH), in the light of information to be provided 1. took note of the information provided by the on the progress in the investigation, in partic- Ukrainian authorities, in particular of the fact ular in the light of the progress of the negotia- that negotiations are currently under way with tions concerning the technical expertise, and a view to organising a technical expert exami- on outstanding general measures.

A. against the United Kingdom judgment and the wide range of accompanying 25599/94, judgment of awareness-raising measures; 23 September 1998 Failure of the state to protect the applicant, a 9- Interim Resolution 2. took note that a judicial review in Northern ResDH (2004) 39 year-old child, from treatment or punishment Ireland is pending concerning the compati- CM/Inf/DH (2005) 8, CM/ contrary to Article 3 by his stepfather, who was bility of the new provisions with the European Inf/DH (2006) 29 and acquitted in 1994 of criminal charges brought Convention and invited the United Kingdom CM/Inf/DH (2008) 34 against him after he raised the defence of authorities to keep the Committee of Ministers reasonable chastisement (violation of informed on its progress; Article 3). 3. decided to declassify the above-mentioned The Deputies, having considered the Memorandum; Memorandum (CM/Inf/DH (2008) 34) prepared by the Secretariat, 4. decided to resume consideration of this case in the light of the results of the ongoing judicial 1. noted with satisfaction the changes in the review and at the latest at their second DH legislative framework made following this meeting of 2009.

32 1035th HR meeting – General Information Council of Europe Execution of the Court’s judgments

Interim resolutions

During the period concerned, the Committee undertaken. They may also urge states to of Ministers encouraged by different means the comply with their obligation to respect the adoption of many reforms and also adopted an Convention and to abide by the judgments of interim resolution. This kind of resolution the Court or even conclude that the respondent may notably provide information on adopted state has not complied with the Court’s interim measures and planned further reforms, judgment. it may encourage the authorities of the state An extract from these Interim Resolutions concerned to make further progress in the adopted is presented below. The full text of the adoption of relevant execution measures, or resolutions is available on the website of the provide an indication of the measures to be Department for the Execution of Judgments of taken. Interim Resolutions may also express the European Court of human Rights, the the Committee of Ministers’ concern as to Committee of Ministers’ website and the adequacy of measures undertaken or failure to HUDOC database of the European Court of provide relevant information on measures Human Rights.

21987/93, Aksoy against Interim Resolution CM/ResDH (2008) 69 direct effect to the Convention requirements; Turkey, judgment of – Execution of the judgments of the efficient implementation of the “Law on 18 December 1996, final Compensation of the Losses Resulting from on 18 December 1996 European Court of Human Rights Interim Resolution Actions of the security forces in Turkey Terrorism and from the measures taken against ResDH (2005) 43, CM/Inf/ Progress achieved and outstanding terrorism” and training of judges and prosecu- DH (2006) 24 revision 2 issues tors.

Violations resulting from actions of the In relation to the establishment of enhanced security forces, in particular in the southeast of accountability of members of security forces, Turkey, mainly in the 1990s (unjustified the Committee has noted that Turkish law has destruction of property, disappearances, remained ambiguous as to whether or not an infliction of torture and ill-treatment during administrative authorisation is required to police custody and killings committed by prosecute members of security forces for members of security forces); subsequent lack allegations of serious crimes other than torture of effective investigations into the alleged and ill-treatment. The Committee has urged abuses (violations of Articles 2, 3, 5, 8 and 13 the Turkish authorities to remove this and of Article 1 of Protocol No. 1). In several ambiguity so that members of security forces of cases, failure to co-operate with the all ranks could be prosecuted without an Convention organs as required under administrative authorisation. Article 38. In this Resolution, the Committee has recalled The Committee has also strongly encouraged the reforms adopted by Turkey in response to the Turkish authorities to actively pursue their its two previous Interim Resolutions of 1999 “zero tolerance” policy aimed at total eradica- and 2002, which highlighted the need for tion of torture and other forms of ill-treatment, comprehensive general measures to prevent as well as their efforts to ensure that the new similar violations. The Committee has domestic authorities carry out effective investi- specifically examined the measures taken by gations into alleged abuses by members of Turkey since its last Interim Resolution security forces. The Committee has therefore adopted in 2005 and has decided to close the urged the Turkish authorities to provide examination of a number of issues, as the detailed statistical information regarding the necessary measures have been taken, in partic- number of investigations, acquittals and ular: improvement of procedural safeguards in convictions into alleged abuses with a view to police custody; improvement of professional demonstrating the positive impact of the training of members of security forces; giving measures taken so far.

Selection of Final Resolutions (extracts)

Once the CM has ascertained that the neces- 111 cases), among which 54 took note of the sary measures have been taken by the adoption of new general measures. Some respondent state, it closes the case by a Resolu- examples of extracts or summaries from the tion in which it takes note of the overall Resolutions adopted follow, in their chronolog- measures taken to comply with the judgment. ical order (see for their full text the website of the During the 1035th meeting, the CM adopted 29 Department for the Execution of judgments of Final Resolutions, (closing the examination of

Interim resolutions 33 Human rights information bulletin, No. 75 Council of Europe the ECtHR, the website of the CM or the HUDOC database).

Resolution CM/ResDH (2008) 70 – General measures 24379/02, judgment of Kounov against Bulgaria 23 May 2006, final on Since 2000, domestic law provides the possi- 23 August 2006 bility for a person sentenced in absentia to Unfair criminal trial on account of the request the reopening of the proceedings, unjustified refusal by the Supreme Court of provided that he or she had not been aware of Cassation, in 2002, to re-examine the case of the criminal proceedings (Article 362a of the the applicant, who had been convicted in Code of Criminal Procedure of 1974, incorpo- absentia in 1999 because he had not received rated into the new Code of Criminal Procedure any official information as to the accusations of 2006, §423). According to the prevailing against him or the date of his trial (violation of practice of the Supreme Court of Cassation, the Article 6§1). accused must be notified personally of the trial Individual measures and the charges against him to establish that he is aware of the proceedings. The European Court recalled its case-law In addition, a bench of the Supreme Court of according to which when a person in a situa- Cassation, different from that which refused tion similar to the applicant’s in this case has the reopening of the applicant’s trial in the been convicted despite a violation of his right present case, granted the applicant’s request to participate in proceedings, new proceedings concerning the reopening of another trial in or reopening of the same proceedings repre- absentia against him, finding that the fact of sent in principle an appropriate means for being questioned by the police on the relevant redressing the violation found (§59 of the facts (the interrogation of 1998 concerned a judgment). number of burglaries for which the applicant Following the European Court’s judgment, the was sentenced in two different proceedings) Prosecutor General requested reopening of the was not sufficient ground for assuming he was proceedings in accordance with Article 422 of aware of the proceedings. the Code of Criminal Procedure. In a decision In these circumstances, the violation found of 10 April 2007, the Supreme Court of Cassa- does not appear to reveal any structural tion upheld this request. It annulled the appli- problem concerning the guaranties of a fair cant’s conviction and sent the case to the trial in cases of conviction in absentia. For this competent court for a new examination. It reason, and having regard to the development should further be noted that the applicant has of the direct effect given by Bulgarian courts to served the entire sentence of four years’ impris- the Convention and to the Court’s case-law, the onment imposed in the proceedings criticised publication and dissemination of the European by the European Court. In case of acquittal, Court’s judgment to the Supreme Court of reduction of sentence or discharge of the Cassation appear to be sufficient measures for accused, there is a possibility for the applicant execution. to request compensation for having been The judgment of the European Court was detained on the basis of a conviction published on the website of the Ministry of pronounced in his absence, relying on the Act Justice www.mjeli.government.bg and was sent on Responsibility of the state for damage on 2 October 2007 to the Supreme Court of caused to individuals by its acts. Cassation.

Resolution CM/ResDH (2008) 71 – Meftah Individual measures 32911/96, judgment of 26 July 2002, final on 26 July and Others against France and 25 other Cases concerning proceedings before the criminal 2002 similar cases chamber of the Cour de Cassation Article 626-1 of the Code of Criminal Procedure Breach of the right to a fair trial before the provides that “review of a final criminal court criminal chamber or the social chambers of the decision may be requested on behalf of any Cour de cassation, due to the failure to person found guilty of an offence where it communicate, in whole or in part, the report of emerges from a judgment delivered by the the reporting judge (conseiller rapporteur) European Court of Human Rights that the and/or the conclusions of the counsel for the sentence was passed in a manner violating the prosecution (avocat général) to parties not provisions of the Convention for the Protection represented by counsel, who as a consequence of Human Rights and Fundamental Freedoms could not reply (violation of Article 6§1). Some or of the protocols thereto, if the nature and the of these cases also concern the presence of the gravity of the violation found are such as to avocat général at the deliberations before the subject the sentenced person to prejudicial Cour de cassation (violation of Article 6§1). consequences that could not be remedied by

34 Selection of Final Resolutions (extracts) Council of Europe Execution of the Court’s judgments

the just satisfaction awarded on the basis of Avocats générals no longer take part in prepar- Article 41 of the Convention”. atory conferences or in the deliberations of the The applicants might have availed themselves Bench. of this possibility, had they so wished. Since 1 February 2003, in cases in which legal representation is not compulsory, the principle Cases concerning proceedings before the social chamber of the Cour de cassation is that the parties not represented by counsel, can access to information on the basis of a In the cases relevant to the civil proceedings procedure that sets them on equal terms with before the social chamber of the Cour de cassa- represented parties. tion (Joye application No. 5949/02, M.B. appli- A consultation service was set up within the cation No. 65935/01, Mourgues application Cour de cassation enabling parties and/or their No. 18592/03, Marion application No. 30408/02 counsel to consult documents concerning the and Menher application No. 60546/00), the proceedings (reports or briefs prepared by the Court considered that the finding of a violation designated reporting judge for their case by constituted in itself sufficient just satisfaction appointment). Appointments may be made by for the alleged non-pecuniary damage. telephone and the reception service has been As regards pecuniary damage, in the cases of instructed to inform parties without counsel Joye, M.B. and Mourgues the Court found no how to consult the documents either in person causal relationship between the finding of a or through a representative. violation and any pecuniary damage. In the This system has recently been developed in case of Menher, the applicant presented no order to respond to the requirements of parties, request in respect of pecuniary damage. particularly those not resident in the vicinity of Finally, in the Marion case, the Court held that the capital. Since 1 December 2006, appellants it could not speculate on the conclusions the submitting personal memorials receive written social chamber of the Cour de cassation would acknowledgement of receipt, indicating in have came to, had Article 6 paragraph 1 not addition that they will be informed of the date been infringed. During the examination of his of deposit of the reporting judge’s report. case before the Committee of Ministers, the When the report is deposited, appellants are applicant made no request; therefore, no other informed by letter that they may receive a copy individual measure was deemed necessary. by post upon request to the registry. General measures Finally, parties not represented by counsel are informed of the meaning of the conclusions of The Cour de cassation has changed the way in the Attorney General by the prosecution before which it investigates and determines matters the hearing. In the same letter, they are submitted to it. informed that they may send supplementary Advisory reports drafted by the reporting judge observations to the registrar of the Cour de (conseiller rapporteur), which set out the legal cassation. questions raised by the case, are communicated The procedure is organised so as to allow appli- with the file to both the public prosecutor and cants not represented by counsel to receive the the parties. information they wish, irrespective of their Opinions on decisions and draft judgments place of residence, thus eliminating the imbal- drawn up for consideration by the Bench are ance found by the Court relating to investiga- communicated neither to the avocats générals tion and judgment procedure before the Cour nor to the parties. de cassation.

37251/04, judgment of Resolution CM/ResDH (2008) 72 – Csikós represents in principle an appropriate way of 5 December 2006, final against Hungary redressing the violation. on 5 March 2007 According to the information provided by the Violation of the applicant’s right to a fair trial Hungarian authorities, the present case was due to a judgment increasing his sentence, reopened before the Eger District Court. delivered in appeal proceedings in 2004, at an in camera session in the absence of both the General measures applicant and his lawyer (violation of The Court noted that on 26 May 2005 the Article 6§1 in connection with Article 6§3(c)). Constitutional Court annulled Section 360(1) of the new Code of Criminal Procedure, which Individual measures contained the legal provision permitting in The Court recalled its case-law to the effect camera sessions to be held on appeal. that where an individual has been convicted by The new provision which replaced a court in proceedings which did not meet the Section 360(1), entered into force on 1 April Convention’s requirement of fairness, a retrial, 2006 (Act No. 951 of 2006). This provision reopening or review of the case, if requested, specifies cases in which in camera sessions may

Selection of Final Resolutions (extracts) 35 Human rights information bulletin, No. 75 Council of Europe be held. The authorities stated that if a counsel is guaranteed at such public session or sentence is to be made more severe at appeal, a hearing. public session or hearing must be held. The The Court’s judgment has been published on attendance of the accused and his defence the website of the Ministry of Justice and Law Enforcement (www.irm.gov.hu).

Resolution CM/ResDH (2008) 73 – Gajcsi General measures 34503/03, judgment of against Hungary 3 October 2006, final on Having regard to the direct effect accorded to 3 January 2007) Unlawful extension of the applicant’s the Convention and the judgments of the Court compulsory treatment in a psychiatric hospital in Hungarian law, it appears that wide dissem- (between 1999 and 2003) due to the national ination and publication of the Court’s authorities’ failure to establish the applicant’s judgment can avoid similar violations in the “dangerousness” , contrary to what was future. In this regard, that the Court’s prescribed by the national legislation (violation judgment was published on the website of the of Article 5§1). Ministry of Justice and Law Enforcement (www.irm.gov.hu). Individual measures The applicant was released from hospital on 24 April 2003.

Resolution CM/ResDH (2008) 74 – attended by the defendant and his defence 20723/02, judgment of Osváth against Hungary counsel if this is warranted by the availability of 5 July 2005, final on a new fact not mentioned in the preceding 5 October 2005) Lack of adversarial proceedings when the decisions on pre-trial detention. Before the applicant’s pre-trial detention was extended, hearing, the investigating judge transmits the between June and December 2001, in that he prosecutor’s motion to the defendant and his was never served in advance with copies of the defence counsel. The prosecutor may not bring prosecution applications (violation of such motions once the indictment has been Article 5§4). filed. Individual measures If a public prosecutor’s motion to extend The applicant was released in March 2002. detention on remand invokes no new circum- General measures stance, the investigating judge may decide on the question without a hearing, on the basis of 1) Legislative measures the files. In such cases the judge transmits the The old Code of Criminal Procedure in force at prosecutor’s motion, together with his the material time did not require that prosecu- decision, to the defendant and his defence tion motions to extend detention during the counsel. investigation must be served on the defendant. Law 2006/LI modified the provisions of the 2) Publication and dissemination Code of Criminal Procedure of 2003 concerning The judgment of the Court was published on this issue. the website of the Ministry of Justice and Law According to the new provisions, a preliminary Enforcement (www.irm.gov.hu) and in the session shall be held in the presence of the human rights quarterly Acta Humana. The parties to the investigation proceedings if the Ministry of Justice and Law Enforcement has decision is to be made on placement in pre-trial also sent a copy of the judgment to the detention. As far as prolongation of the pre- National Judicial Council and the Prosecutor’s trial detention is concerned, the investigating Office for dissemination to appropriate judges judge examines such motions at a hearing and prosecutors.

Resolution CM/ResDH (2008) 75 – Individual measures 39638/04, judgment of Abbatiello, Federici, Maugeri, Scassera 20 September 2007, final The Court did not award the applicants just on 20 December 2007 against Italy satisfaction. No further individual measure is 13404/04, judgment of Violations of the applicants’ rights throughout necessary, the restrictions imposed having 13 November 2007, final the bankruptcy proceedings and/or after the been lifted by the 2006 reform (see below). on 13 February 2008 13611/04, judgment of bankruptcy was closed, such as unlawful General measures 31 July 2007, final on suspension of their voting rights, restrictions 31 October 2007 imposed on their personal capacity and lack of Legislative Decree No. 5/2006, adopted in 43458/04, judgment of an effective remedy against these restrictions January 2006 resolved the questions raised in 20 September 2007, final (violations of Articles 8 and 13 and of Article 3 the European Court’s judgments in these cases. on 20 December 2007 of Protocol No. 1). Indeed, the decree brought about a number of

36 Selection of Final Resolutions (extracts) Council of Europe Execution of the Court’s judgments

modifications to remedy the violations found, ished preventive supervision of correspond- in particular: ence, should also resolve the problem found – Respect for correspondence (Article 48 of the by the Court concerning remedies. In any Decree): The bankrupt now receives all his event, the new reform has improved reme- correspondence and is obliged to transmit dies in that decisions must be given rapidly to the liquidator only communications con- and in that omissions by the liquidator may cerning the bankruptcy proceedings, be challenged; whereas beforehand all letters were diverted – Right to a trial within a reasonable time: Ac- directly to the liquidator; cording to information already provided by – Freedom of movement (Article 49): The only the government in the course of considera- obligation now remaining to the bankrupt is tion of the cases of length of judicial pro- to inform the competent authorities of any ceedings, the recent reform of bankruptcy change of residence, whereas formerly he law has modified many specific rules gov- could not leave his residence without au- erning bankruptcy to avoid opening pro- thorisation; ceedings where possible or otherwise to – Personal disqualifications (Article 47): The accelerate them by simplifying them and in- public bankruptcy register has been abol- troducing deadlines and more efficient ished; mechanisms. – Suspension of electoral rights (Article 152): For further details see Interim Resolution CM/ ResDH (2007) 27 “Bankruptcy proceedings in The relevant provisions have been repealed; Italy: progress achieved and problems – Complaints against acts or omissions of liq- remaining in the execution of the judgments of uidators and magistrates (Article 26 and 36 the European Court of Human Rights”, adopted of the Decree): The new rule, which abol- by the Committee of Ministers on 4 April 2007.

33202/96, judgment of Resolution CM/ResDH (2008) 76 – Individual measures 28 May 2002, final on Beyeler against Italy 28 May 2002 The Court considered that the nature of the Breach of the applicant’s right to respect of his violation found did not allow restitutio in property, as he had to bear a disproportionate integrum. It therefore awarded the applicant and excessive burden on account of the just satisfaction in respect of the pecuniary conditions under which, in 1988, the damage sustained. respondent state exercised its pre-emptive General measures right to a painting the applicant had acquired Given the isolated nature of the violation, the in 1997 (violation of Article 1 of Protocol No. 1). publication and dissemination of the judgment are sufficient to prevent new, similar violations. The judgment was published, in Italian, in Il foro italiano, 2000 No. 3.

43924/02, judgment of Resolution CM/ResDH (2008) 77 – De of the European Court’s judgment to all compe- 23 January 2007, final on Almeida Azevedo against Portugal tent courts should be sufficient to avoid similar 23 April 2007 violations. In this context, it should be noted Non respect of the freedom of expression of a that the European Court’s judgment has been politician in relation with criminal libel translated and distributed to the Superior proceedings (violation of Article 10). Judicial Council, the body which manages the Individual measures judiciary. It is also available on the Internet site The European Court awarded just satisfaction, of the Cabinet of Documentation and Compar- which included a reimbursement of the ative Law (www.gddc.pt ), which comes under 4 000 euros paid in damages. The Portuguese the Prosecutor General of the Republic. authorities indicated that the conviction had Moreover, freedom of expression has been been removed from the applicant’s criminal dealt with in university courses, seminars and record (4 December 2007). continuous training courses organised by Legal Studies Centre (Coimbra) in 2007 and 2008. General measures Given the direct effect of the European Conven- tion in Portugal, publication and dissemination

61302/00, judgment of Resolution CM/ResDH (2008) 78 – applicant contested the annulment by the 24 May 2005, final on Buzescu against Romania Romanian Union of Lawyers (UAR), in 1996, of 24 August 2005) a previous decision reinstating him as a Unfairness of certain proceedings whereby the

Selection of Final Resolutions (extracts) 37 Human rights information bulletin, No. 75 Council of Europe member of the Constanţa Bar Association General measures (violation of Article 6§1). Disproportionate The competence of the Council of the UAR to interference with the applicant’s property examine the lawfulness of Bar decisions and to rights as a result of the annulment of his annul them on grounds of illegality has been reinstatement as a lawyer, involving the loss of explicitly regulated by the amendment of the his clients (violation of Article 1 of Protocol Legal Profession Act (Law No. 51/1995) on No. 1). 6 March 2001. The judgment of the European Court was Individual measures translated and published in the Official Journal. It was also included in a study, Case- On 14 February 2004 the Council of the UAR law against Romania 2005-2006, published in decided to set aside its 1996 decision. The co-operation with the Information Office of applicant has been permanently registered as a the Council of Europe. In May 2005 the lawyer and member of the Bucharest Bar since Constanţa Bar Association, Bucharest Bar 1 December 2004 (http://www.baroul- Association and Romanian Union of Lawyers bucuresti.ro/q_av_ro.asp). In addition, the were informed of the content of the judgment European Court awarded him just satisfaction and asked to disseminate it to all Bar Associa- on an equitable basis in respect of the tions. It seems that the situation criticised by pecuniary and non-pecuniary damage the European Court in this case is an isolated incurred. one.

Resolution CM/ResDH (2008) 79 the judgment of 28 September 1998 of the 32926/96, judgment of Canciovici and Others against Romania Supreme Court in plenary session) recognised 26 November 2002, final the right of access to a court for former owners on 24 September 2003 Moşteanu and Others against Romania and 33176/96, judgment of nationalised property. Lack of access to a court, in 1995 and 1996, in of 26 November 2002, order to claim the restitution of immovable Furthermore, after the adoption of Law No. 10/ rectified on 4 February 2001 of 14 February 2001 on the rules governing 2003, final on property nationalised in 1950, the court having 26 February 2003 considered that it was not competent in this immovable property wrongfully seized by the field (violations of Article 6§1). state between 6 March 1945 and 22 December 1989, domestic courts have continued to Individual measures examine actions for restitution on the merits, Canciovici case not rejecting restitution claims as inadmissible The building in question was returned to the on the ground of lack of competence. Thus, in applicants by an administrative decision under pending cases, Law No. 10/2001 provides the Law 10/2001. possibility either to continue judicial proceed- Moşteanu case ings for restitution of property or to apply a special administrative procedure. In the latter The Court indicated (§61) that the applicants case, the judicial proceedings may be have in the meantime recovered their right of renounced or suspended. Law No. 10/2001 also property over the building at issue. provides the possibility to contest administra- The Court also awarded both applicants just tive decisions rejecting claims for restitution or satisfaction in respect of non-pecuniary lack of restitution in kind before civil courts. damage. Both judgments were published in the Official General measures Journal and on the Internet site of the High Changes made to the legislation and case-law Court of Cassation and Justice (http:// (especially Article 6 of Law No. 213/1998 and www.scj.ro/decizii_strasbourg.asp).

Resolution CM/ResDH(2008)80 – Pini have her adoption revoked but domestic courts Application No. 78028/01, and Bertani and Manera and Atripaldi rejected it in 2005 and decided to entrust her to judgment of 22 June the applicants. This decision became final and 2004, final on against Romania 22 September 2004 the girl left Romania with her adoptive parents. Non-enforcement of final court decisions, delivered in 2000, by which the applicants, two General measures Italian couples, adopted two Romanian 1) Violation of Article 6§1 abandoned children, Mariana and Florentina, born in 1991 and living in a private institution It seems that the violation of Article 6 in this for minors “CEPSB” (violation of Article 6§1). case was an isolated one and resulted from the failure of the domestic authorities to ensure Individual measures CEPSB’s respect for the domestic court Mariana’s adoption was revoked by a final decisions, in particular by refraining from judicial decision in 2003. The other child, imposing any sanctions on the CEPSB for its Florentina, instituted further proceedings to unjustified opposition to enforcing the court’s

38 Selection of Final Resolutions (extracts) Council of Europe Execution of the Court’s judgments

decisions. To prevent any future violations, the lished between the child and the prospective national Authority for the Protection of adoptive parents. The law also provides that Children’s Rights conducted an investigation of the child should spend a 90-day trial period the CEPSB between 2 and 4 March 2005. As a with the adoptive family before adoption. result, several recommendations were made, requiring in particular better information and 2) Publication and dissemination greater involvement of the children concerning The judgment of the Court was translated and decisions made in respect of them. published in the Official Gazette. It was According to the new law on adoptions as well included in a collection of judgments rendered as its implementing norms, which entered into against Romania between 1998 and 2004, 2 000 force on 1 January 2005, international copies of which have been distributed free of adoptions are no longer possible except where charge to courts and others. In addition, the the prospective adoptive parent is a grand- Ministry of Justice, the Ministry of Administra- parent of the child. As for national adoptions, tion and Interior and the National Union of the law provides in particular that before an Bailiffs have also been informed of the content adoption can take place, contact must be estab- of the judgment.

22687/03, judgment of 1 Resolution CM/ResDH (2008) 87 – SC 2006 the High Court of Cassation and Justice December 2005, final on Maşinexportimport Industrial Group SA granted the revision requested by the applicant 1 March 2006 against Romania company of the decision of 17 February 2003. Consequently, the enforcement proceedings Violation of the right to a fair trial of the were dropped. The Court also awarded the applicant company as a result of the Supreme applicant company just satisfaction in respect Court’s annulment in 2003 of a final court of non-pecuniary damage. decision of 2001 following the application for nullity lodged by the Prosecutor General who General measures was not a party to the proceedings (violation of Article 6§1). Violation of the applicant The government recalled that measures had company’s right to the peaceful enjoyment of already been taken to avoid new similar viola- its possessions since the Supreme Court’s tions, these measures were presented in decision put the applicant company under the Resolution CM/ResDH (2007) 90 mentioned obligation to reimburse the sums received above (in particular the fact that Articles 330 under a final decision of a domestic court and 330(1) of the Code of Civil Procedure were (violations of Article 1 of Protocol No. 1). repealed by Article 1§17 of Emergency Ordinance No. 58 of 25 June 2003 adopted by Individual measures the government, published in the Official When the Court delivered its judgment, Gazette on 28 June 2003, and approved by enforcement proceedings were pending against Parliament on 25 May 2004). The judgment the applicant company for recovery of the was published on the Internet site of the High damages received under the final court Court of Cassation and Justice (http:// decision of 31 January 2001. On 27 November www.scj.ro/decizii_strasbourg.asp).

58496/00, judgment of 18 Resolution CM/ResDH (2008) 81 – Prado case, in particular the introduction of the February 2003, final on 18 Bugallo against Spain Implementing Act No. 4/1988 of 25 May 1988, May 2003 which governs telephone monitoring in Spain, Violation of the applicant’s right to respect for and the interpretation of this Act by the his private life due to the lack of clarity of the Supreme Court since its judgment of 18 June legislation authorising telephone tapping. The 1992 (Resolution DH (99) 127), the Spanish applicant’s telephone communications were authorities have provided examples of recent intercepted, with judicial authorisation, in case-law concerning telephone monitoring. 1990 and 1991, in the course of a criminal This case-law is extensive and exhaustive, and investigation by the police concerning drug covers the conditions of telephone monitoring trafficking (violation of Article 8). as well as its control by the courts. Further- Individual measures more, in a recent admissibility decision The recordings in question are kept by the (decision on application No. 17060/02, Coban v. Criminal Chamber of the Audiencia Nacional Spain), the European Court considered that as the trial court and no one can have access to Article 579 of the Code of Criminal Procedure, them. as amended by Act No. 4/1988 and completed by the Supreme Court and the Constitutional General measures Court case-law, has remedied the gaps in the In addition to the amendments already legislation and provides adequate safeguards. adopted following the judgment of the As a consequence, it declared the application European Court in the Valenzuela Contreras inadmissible.

Selection of Final Resolutions (extracts) 39 Human rights information bulletin, No. 75 Council of Europe

The judgment of the European Court was the Ministry of Justice No. 1954 of 1 December published in Spanish in the Official Journal of 2003 and sent out to the authorities concerned.

Resolution CM/ResDH (2008) 82 – General measures 21510/03 and 33046/02, Grozdanoski and Mitrevski against “the judgments of 31 May The authorities of the respondent state noted 2007 and 21 June 2007, former Yugoslav Republic of Macedonia” that the violations in the present cases resulted final on 31 August 2007 Violation of the principle of equality of arms from isolated omissions rather than a and 21 September 2007 and thus of the applicant’s right to a fair trial. deficiency in the system. Furthermore, they In 2003, in civil proceedings, the applicant was estimated that there was no need to change the not informed of the opposing party’s intention Civil Procedure Law since the statutory provi- to appeal on points of law before the Supreme sions are clear with regard to the obligation of Court, or of the public prosecutor’s request for courts to notify parties to the proceedings on protection of legality, and thus had no the application for review on points of laws and opportunity to comment on these appeals request for the protection of legality as well as (violation of Article 6§1). on the venue of a hearing. Unfair civil proceedings on account of the In any case, the Government Agent informed failure to inform the applicants of the appeals the Ministry of Justice, which is supervising the lodged by the opposing party and the application of the Courts’ Rules of Procedure, prosecutor (in the Grozdanoski case) or of a of the violations found. change of the place where the hearing was to be The European Court’s judgments have been held (in the Mitrevski case) (violations of translated and published on the website of the Article 6§1). Ministry of Justice (www.pravda.gov.mk). Individual measures In accordance with Article 400 of the Civil Procedure Law, the applicants may request the reopening of these proceedings.

Resolution CM/ResDH (2008) 92 – ings, a possibility provided by Article 400 of the 46447/99 and 45658/99, Djidrovski and Veselinski against “the Law on Litigation Procedure (Official Journal judgments of 24 February No. 79/05, in force as from 1 January 2006). 2005, final on 24 May former Yugoslav Republic of Macedonia” 2005 According to this provision reopening of all Unjustified interference with the applicants’ domestic proceedings is now possible in all right to the peaceful enjoyment of their cases where the Court has found a violation of possessions resulting, on the one hand, from the Convention. In this context, all domestic the fact that in 1996 the Constitutional Court courts are bound to fully comply with the declared unconstitutional the legislation which Court’s case-law. had allowed the applicants to purchase their apartments in 1995 and 1996 at a preferential General measures rate and, on the other hand, from the quashing The authorities of the respondent state by the Supreme Court of the decisions of the informed the Committee of Ministers that the domestic courts authorising the applicants to Court’s judgments in these cases were immedi- purchase the apartments at a preferential rate ately translated and sent out to all relevant (violation of Article 1 of Protocol No. 1). authorities: the Ministry of Defence, the Public Individual measures Attorney’s office, the Supreme Court, the Skopje Court of Appeal, the Skopje and Bitola The authorities of the respondent state First-Instance Courts. In addition, the Court’s indicated that the Public Attorney’s office had judgments in the present cases were studied taken no initiative to enforce the Supreme within the Training Project for Judges and Court’s judgments criticised by the Court and Public Prosecutors organised by the Council of that any attempt to enforce them would now be Europe, Civil Society Information Centre, time-barred. The applicants have been Associations of Judges and Public Prosecutors enjoying the ownership of the flats without any and Continued Education Centre. The obstacle. In both cases the relevant ownership judgments were also published on the website rights have been registered in the official of the Ministry of Justice (www.pravda.gov.mk) “cadastre of immovable property”. In these and in a brochure “Impact of the European circumstances, the government considers that Convention for Human Rights on National Law there is no longer risk of violation of the appli- and Case-law”, which was made available to cants’ property rights in respect of the flats at judges and public prosecutors through their issue. associations. Finally, it is noted that the applicants have not As a result of the direct application of the requested reopening of the domestic proceed- Convention in “the former Yugoslav Republic

40 Selection of Final Resolutions (extracts) Council of Europe Execution of the Court’s judgments

of Macedonia” it is unlikely that similar violations will occur in the future.

28945/95, judgment of Resolution CM/ResDH (2008) 84 – T.P. the Human Rights Act (HRA), to act in a 10 May 2001, Grand and K.M. against the United Kingdom manner compatible with the Convention. If Chamber they were not to do so, their acts would be Interference with the right of the applicants – a unlawful and the injured party could bring mother and her daughter – to respect for their proceedings under Section 7 of the HRA. By family life due to the failure of the local virtue of Section 8 of the HRA, a court can authorities to submit promptly to the grant whatever remedies it considers just and competent national court the question of appropriate, including damages, but only whether some crucial evidence should be where it has the power to award damages. In disclosed to the mother. As result, the latter short, criminal courts are excluded, but civil was not adequately involved in the decision- courts are competent to award damages for acts making process leading to the placement of her which are unlawful in terms of Section 6 of the 4-year old daughter into care from 1987 to 1988 HRA. Thus the HRA provides an effective (violation of Article 8). In addition, the remedy. applicants did not have available to them an effective remedy for obtaining determination of Moreover, Section 8 (4) of the HRA states that, their claim that the local authorities were in determining whether to make an award and, responsible for the damage which they suffered in the affirmative its amount, domestic courts and obtaining an enforceable award of must take into account the principles applied compensation for that damage (violation of by the European Court of Human Rights under Article 13). Article 41 of the Convention. In view of the fact that the Human Rights Act Individual measures did not incorporate Article 13 of the Conven- The second applicant was returned to the first tion in domestic law, examples of relevant case- applicant in November 1988 and one year later, law on this point were provided: see Re M the High Court ruled that she was no longer a (Challenging Decisions by Local Authority) ward of the court. [2001] 2 FLR 1300 (approved by the House of Lords in Re S (Minors) (Care Order: Implemen- General measures tation of a Care Plan) [2002] UKHL 10, [2002] 1 1) Violation of Article 8 FLR 815), quashing a decision of a local As regards disclosure of evidence to parents in authority in which the parents had not been the context of care proceedings, since the facts sufficiently involved to protect their interests; in the present case, the Family Proceedings C v. Bury Metropolitan Council [2002] EWHC Rules 1991 have come into force. Rule 4.23(1) 1438 (Fam), [2002] 2 FLR 868, establishing that provides for the disclosure of documents to it is the Family Division of the High Court that parties to the proceedings. Further, Rule 17 of should usually hear allegations concerning a the Family Proceedings Court (Children Act breach of Convention rights by a local 1989) Rules 1991 requires parties to serve in authority in the context of care proceedings, advance on other parties copies of any and Re G (Care: Challenge to Local Authority’s documents, including experts’ reports, on Decision) [2003] EWHC 551 (Fam), in which the which they intend to rely. High Court found that the failure of local Furthermore, the courts recognised the impor- authority to inform parents of proposed tance of adequate involvement of parents in the changes to a care plan, and to provide parents decision-making process in care proceedings: and their representatives with an opportunity see, inter alia, the case of Re G (Care : Challenge to respond to allegations being made against to Local Authority’s Decision) [2003] EWHC 551 them, constituted a violation of Article 8. (Fam). 3) Publication 2) Violation of Article 13 The European Court’s judgment in this case If a similar case were to reccur, the local was published at (2002) 34 EHRR 2 and [2001] 2 authority would be obliged, under Section 6 of FLR 549.

Internet: – Website of the Department for the Execution of Judgments: http://www.coe.int/Human_Rights/execution/ – Website of the Committee of Ministers: http://www.coe.int/cm/

Selection of Final Resolutions (extracts) 41 Committee of Ministers

The Council of Europe’s decision-making body comprises the foreign affairs ministers of all the member states, who are represented – outside the annual ministerial sessions – by their deputies in Strasbourg, the permanent representatives to the Council of Europe.

It is both a governmental body, where national approaches to problems facing European society can be discussed on an equal footing, and a collective forum, where Europe-wide responses to such challenges are formulated. In collaboration with the Parliamentary Assembly, it is the guardian of the Council’s fundamental values, and monitors member states’ compliance with their undertakings.

Situation in Georgia

The conflict in the Caucasus, within Georgia and between the Russian Federation and Georgia, is a serious challenge to the Council of Europe and the values for which it stands. There have been violations of the Statute of the Organisation as well as the obligations and commitments undertaken by member states. The undertaking to settle disputes by peaceful means, specified in the commitments made at the accession of both the Russian Federation and Georgia, has been ignored. The Statute’s fundamental principles of co-operation and respect for international law – in particular state sovereignty, the right to territorial integrity and the inviolability of frontiers of states – have been infringed through military action. The Committee of Ministers is the collective guarantor of the Statute of the Council of Europe. The Swedish Chairmanship has therefore decided to convene an informal extraordinary meeting of Min- isters for Foreign Affairs of member states on 24 September 2008 in New York in order to ascertain the views of member states with regard to the further handling of the crisis in the Council of Europe.

Report by the Chairman of the Committee of Ministers in view of the Informal Meeting of Ministers for Foreign Affairs of the Council of Europe (New York, 24 September 2008) [Extracts]

1. Actions taken by the Council of Europe ments to peaceful settlement of conflicts, In his statement on 9 August, Mr Carl Bildt which are fundamental for achieving the aims urged the Russian Federation, Georgia and the of the Organisation. The territorial integrity separatist South Ossetian and Abkhaz admin- and sovereignty of Georgia must be respected, istrations to immediately enter into a ceasefire, and all actors on the ground have an obligation in order to stop hostilities, and called upon the to respect the principles of distinction and pro- parties to agree to direct talks and to co- portionality, as laid down by international law. operate in international efforts to achieve such a ceasefire. He stressed that the suffering of the The Chairman also deeply deplored the mili- civilian population must be brought to an im- tary action taken by the Russian Federation mediate end. The Chairman went on to say that towards Georgia, and stressed that the reasons the use of violence contradicts the principles of cited by the Russian authorities do not justify the Council of Europe and violates commit- military action within Georgia’s territory [...].

42 Situation in Georgia Council of Europe Committee of Ministers

In a second statement on 11 August, Mr Bildt re- Commissioner for Human Rights called that the peaceful resolution of conflicts The Commissioner for Human Rights visited is a general principle of the Council of Europe the region from 22 to 29 August, focusing par- and that both Georgia and the Russian Federa- ticularly on the situation of refugees and dis- tion had committed themselves, when they placed persons. He published his report on joined the Organisation, to settle all conflicts 8 September. He identified a set of six princi- by peaceful means. [...]. He urged once again all ples for the urgent protection of human rights parties to immediately enter into a ceasefire. and humanitarian security, and stressed the need for support for the action carried out by On 11 to 13 August Mr Bildt visited Tbilisi to- other international organisations. He also gether with the Secretary General. The purpose of the trip was to gather first hand impressions highlighted the need for specialised human of the conflict and to meet with the Georgian rights monitors who could operate in co- ordination with the domestic ombudsmen. government as well as representatives of international organisations, to discuss the crisis and Paliamentary Assembly the role of the Council of Europe. The co-rapporteurs on Georgia of the Monitor- The Chairman of the Committee of Ministers ing Committee of the Parliamentary Assembly, also planned to visit Moscow, together with the Mr Mátyás Eörsi and Mr Kastriot Islami, visited Secretary General, in order to obtain more com- the country on 19 and 20 August. A parallel visit plete information about the crisis. However, by one of the co-rapporteurs for Russia, Mr Luc the Russian Government informed the Chair- Van den Brande, was carried out the same man that it could not receive him. week. The Parliamentary Assembly has also decided In his meetings, Mr Bildt recalled the different to send a fact-finding mission, composed of obligations and commitments that both nine parliamentarians, to visit the two member Georgia and the Russian Federation had made states to gather information on the ground on when joining the Council of Europe. The inter- the current situation. The mission was initiated locutors gave their assessment of the back- with a view to identifying proposals for possi- ground and the build-up of the crisis as well as ble future action, in the perspective of an of the situation as it presently stood. urgent debate to be held during the Assembly’s Following the Russian Federation’s recognition autumn session (Strasbourg, 29 September - of Abkhazia and South Ossetia, the Chairman 3 October) on “the consequences of the war of the Committee of Ministers of the Council of between Georgia and Russia”. Europe made a statement, in which he con- Congress of Local and Regional Authorities demned this decision and underlined that it se- The President of the Congress of Local and Re- riously jeopardised the possibility of a peaceful gional Authorities Mr Yavuz Mildon visited resolution of the conflict in line with the prin- Georgia from 9 to 11 September. He also had dis- ciples of international law, and blatantly con- cussions with the President of the Russian Fed- tradicted the fundamental principles of the eration Council on 17 September in Council of Europe, and the commitments taken St Petersburg. by the Russian Federation towards the Council of Europe. European court of Human Rights On 12 August 2008, at the request of the Geor- On 15 September Mr Bildt, together with the gian Government, the President of the Euro- OSCE Chairman-in-Office, Foreign Minister of pean Court for Human Rights decided to apply Finland Mr Alexander Stubb, called for a strict Rule 39 of the Rules of the Court (interim meas- adherence to the six-point ceasefire agreement. ures) considering that the current situation They noted that it was fundamental that the gives rise to a real and continuing risk of Russian troops return to their positions held serious violations of the Convention. With a prior to 7 August. view to preventing such violations and pursu- On 3 September 2008 the Deputies were in- ant to Rule 39, the President called upon both formed about action taken or planned by the the High Contracting Parties concerned to various Council of Europe bodies, such as the comply with their engagements under the Con- Parliamentary Assembly, the Commissioner for vention particularly in respect of Articles 2 and Human Rights, the European Court of Human 3 of the Convention. In accordance with Rule 39 Rights and the Council of Europe Development paragraph 3, the President of the Court further Bank, since the outbreak of the conflict. requested both governments concerned to

Situation in Georgia 43 Human rights information bulletin, No. 75 Council of Europe inform the Court of the measures taken to minority rights is also the responsibility of the ensure that the Convention is fully complied international community. However, this does with. Both countries have replied to this re- not entitle or imply the right for any state quest. Georgia has opened a second intergov- under international law to exercise jurisdiction ernmental case against the Russian Federation. over people residing on the territory of another state. The High Commissioner also stressed Council of Europe Development Bank that the presence of one’s citizens or “ethnic The Council of Europe Development Bank is kin” abroad must not be used as a justification considering making a substantial contribution for undermining the sovereignty and territorial to the efforts by the international community integrity of other states. to address the large-scale needs of humanitar- Nor is the protection of peace-keeping forces as ian assistance generated by the conflict. such a basis for the use of force under inter- 2. General considerations national law. The large-scale military action by the Russian Federation against Georgia cannot A. International law be justified on these grounds. Under international law, states have an obliga- B. The Council of Europe tion to resort to dispute settlement provided for, in particular, in the Security Council of the Even though security policy and conflict reso- United Nations in accordance with the Charter lution remain largely outside the competence of the United Nations. Whenever a threat to in- of the Council of Europe, the rule of law is one ternational peace and security arises, the states of the core principles of the Council of Europe. involved should bring it to the attention of the In addition to their general obligations under Security Council. It is then up to the Security the Statute, the two member states in question Council to decide on measures outlined by the also took on particular obligations upon their Charter. accession to the Council of Europe. These obli- South Ossetia as well as Abkhazia are integral gations are laid down in opinions adopted by parts of Georgia and the military actions under- the Parliamentary Assembly. taken by Georgian forces during the conflict The opinion on the Russian Federation con- thus concerned Georgian territory. tains inter alia clear obligation for the Russian In a letter to the Security Council on 11 August Federation to settle international as well as in- 2008, the Russian Federation stated that the ternal disputes by peaceful means, rejecting Georgian military actions amounted to ”illegal resolutely any forms of threats of force against use of force” triggering the right to self-defence its neighbours, and to denounce as wrong the under the UN Charter. The Russian Federation concept of two different categories of foreign further stated that its military response was countries, whereby some are treated as a zone proportionate and pursued no other goal but to of special influence called the “near abroad”. protect the Russian peacekeeping contingent in The opinion concerning Georgia also refers to South Ossetia and citizens of the Russian Fed- its resolve to settle conflicts by peaceful means, eration. as illustrated at that time by the substantial im- However, the military actions undertaken by provement in relation to South Ossetia, and Georgia, on its territory, cannot be seen as an calls upon Georgia to continue these efforts, as aggression towards the Russian Federation well as to accelerate talks on the status of Abk- which would trigger the latter’s right to self- hazia, and to enact within two years of its ac- defence. It is furthermore clear, that since it cession, a legal framework determining the contravenes international law when a state uses status of the autonomous territories and guar- military force to protect its citizens in another anteeing them broad autonomy. It also ex- state, the Russian large-scale military actions in pected Georgia to do everything in its power to Georgia can not be justified as self-defence. put a stop to the activities of all armed groups in the conflict zone and to guarantee the safety The Chairmanship notes that the OSCE High of inter alia the peace-keeping forces. Commissioner on National Minorities has stressed, that one of the bedrocks of inter- Against this background, the actions taken by national law is that the protection of human both countries during the conflict in Georgia rights, including minority rights, is primarily are of evident relevance for the Council of the responsibility of the states where minori- Europe and its response to the conflict. ties reside. This also holds true in the case of Urgent measures in the areas of competence minorities holding dual citizenship. Protecting and expertise of the Council of Europe need to

44 Situation in Georgia Council of Europe Committee of Ministers

be taken to redress the situation, in the interest ued humanitarian efforts. The established of the populations affected by the conflict and mechanism for dialogue and mutual ex- in order to restore peace and stability in Geor- changes of such cases – which the Commis- gia, thus enhancing security in the Caucasus sioner assisted during his visit – should be and Europe as a whole. kept in place and fully supported, also by the international community. There is a C. The humanitarian situation need to establish a co-ordinated system for The humanitarian situation continues to be assembling and acting upon information on serious and requires continued action by all missing persons. concerned actors, in particular through provid- 6. International presence and assistance are ing adequate protection of, and assistance to, needed in the area affected by the conflict. all persons affected by the conflict. Safe and The programs of UNHCR, UNICEF, ICRC unimpeded humanitarian access to affected and other agencies should be supported and populations is essential. the OSCE be given authority and resources In this context the Chairman wishes to recall to expand its mission. Apart from ceasefire the principles put forward by the Commis- observers and police presence, there is a sioner for Human Rights. need for specialised human rights monitors who could also operate in co-ordination 1. The right to return of those who fled or were with the domestic ombudsmen. The protec- displaced must be guaranteed. This requires tion of minorities must be a key priority and that their safety is protected and that their positive inter-community relations must be homes are made liveable again. The repair of encouraged. damaged houses is an urgent priority. Af- fected persons have the right to be informed 3. Possible action by the Council of about relevant developments, their differ- Europe ent options, and no one must be returned Considering the state of affairs described against their will. above, business as usual is not an option for an 2. Those who fled or were displaced must be organisation designed to be the guardian of ensured adequate living conditions until human rights and the rule of law. If we want the they can return home. This requires compe- organisation to remain credible and relevant, tent co-ordination of the assistance from the Council of Europe has to react whenever both governmental and intergovernmental member states infringe upon their obligations actors. Not only material needs but also psy- under the norms and standards of the Council chological and psycho-social damages must of Europe and under international law. be addressed. It is up to the Committee of Ministers to formu- 3. The whole area affected by the warfare must late the policy of the Organisation, develop the be demined. Cluster bombs, mines, unex- necessary measures and monitor their imple- ploded ordnances and other dangerous mentation, taking into account the mandate of devices must be located, removed and de- the Council of Europe and the Organisation’s stroyed. Until this is done the targeted expertise as well as activities of other interna- terrain must be marked and the population tional organisations and developments with clearly informed about the dangers. The regard to the conflict in Georgia. parties to the conflict need to declare what The following measures could be considered by type of weapons and ammunition were the Committee of Ministers and member used, when and where. International contri- states. bution to this effort will be required and • Article 8 of the Statute provides for a should be welcomed by both parties. twofold sanction against a member state 4. Physical assault, torching of houses and which has seriously violated Article 3: the looting must be totally stopped and persons Committee of Ministers may suspend the responsible for such crimes apprehended rights of representation of the state con- and held to account. The problem of the cerned, and it may invite the state con- “policing vacuum” in the so-called “buffer cerned to withdraw from the Organisation. zone” between Tskhinvali and Karaleti must The Parliamentary Assembly shall be con- be resolved urgently. sulted if the Committee of Ministers intends 5. Prisoners of War, other detainees and to invite a member of the Council of Europe persons stranded in unsafe situations must to withdraw. Article 8 has been discussed se- be protected and rescued through contin- riously on two occasions since the inception

Situation in Georgia 45 Human rights information bulletin, No. 75 Council of Europe

of the Council of Europe. It should be re- decide upon increased co-operation and as- called that the Parliamentary Assembly can sistance in order to ensure respect for act on its own initiative, and withdraw or Council of Europe principles and standards, deny the credentials or suspend the right of particularly in areas where more progress is vote of the delegation of a member state in needed. the Assembly. 2. A plan for rapid action focusing on human • As member states of the Council of Europe rights monitoring and protection could be and in fulfilment of their obligations under- developed in the fields of expertise of the taken when joining the Council of Europe, Council of Europe. In this context, the both Georgia and the Russian Federation are efforts of the Commissioner for Human Parties to the European Convention on Rights warrant support. The Committee of Human Rights (ECHR). Any member state Ministers could also encourage the Com- may refer a case of violation to the Court. missioner for Human Rights to continue • Other member states may intervene in a paying attention to the situation in the case before the Court, or open other cases region and to act whenever action is called against a member state. The Committee of for under his mandate. These efforts must Ministers has the responsibility to monitor be supported by relevant means. the implementation of the Court's judg- 3. The international efforts to resolve the con- ments. flict in Georgia could be supported by the The Committee of Ministers could also con- Council of Europe, not least through its dif- sider a number of other measures, based not ferent mechanisms to foster human rights, least on member states’ commitments to the including the rights of persons belonging to Organisation with focus on the core objective national minorities, democracy and the rule of the Council of Europe of preserving and proof law. moting human rights, democracy and the rule of law. The urgent humanitarian needs should 4. The possibilities to enhance co-operation also be taken into account. The measures and political dialogue between the Council should seek to respond to the serious conse- of Europe and Georgia and the Russian Fed- quences of the conflict, and support efforts for eration, respectively, should be examined in conflict resolution and reconciliation. order to improve the situation regarding human rights, democracy and the rule of 1. Enhanced monitoring of the implementa- law. tion by the member states concerned of their obligations and commitments to the 5. Finally, the Committee of Ministers could Council of Europe could be introduced. The also address an invitation to the Council of scope of such enhanced monitoring could Europe Development Bank to consider pos- focus on the actions that the member states sible measures to assist refugees and inter- concerned have taken in the conflict area nally displaced persons, as well as other during the present conflict. forms of support to the population in the A procedure for monitoring the obligations area. of Georgia already exists in three areas (law The Chairmanship intends to maintain close enforcement, functioning of democratic in- contacts in this matter with other bodies in the stitutions and return of Meshkhetians). No Council of Europe. It will also stay in close similar procedure under the Committee of contact with relevant international organisa- Ministers exists in respect of the Russian tions, like the United Nations, the Organiza- Federation. Enhanced monitoring should be tion for Security and Cooperation in Europe underpinned by adequate resources and and the European Union. A High Level meeting field presence. with the OSCE was held on 15 September. A The monitoring results should serve as a quadripartite meeting with the European basis for the Committee of Ministers to Union will take place on 20 October.

46 Situation in Georgia Council of Europe Committee of Ministers

Statements by Carl Bildt, Chairman of the Committee of Ministers

Judgment by the Turkish Constitutional Court concerning the AKP Party

Statement on “As Chairman-in-Office of the Committee of 30 July 2008 Ministers of the Council of Europe I note with great satisfaction the decision taken by the Constitutional Court in not banning the ruling AKP. The decision opens up for further reforms, ensuring Turkey’s further progress in line with European norms of democratic governance, human rights and the rule of law. The Council of Europe stands ready to assist in this process.

Carl Bildt, Chairman-in-office of the Committee of Minis- I also invite the Turkish authorities to make use ters of the Council of Europe’s expertise.”

Presidential elections in Azerbaijan

Statement on The Chairman-in-office of the Committee of The Azerbaijani authorities need to ensure an 16 October 2008 Ministers of the Council of Europe, Carl Bildt, accurate and transparent process for com- Minister for Foreign Affairs of Sweden, took plaints and appeals. It is highly regrettable that note of the assessment by the international ob- part of the opposition decided not to take part servation mission of the Presidential elections in the elections.” held in Azerbaijan yesterday. “I am pleased to Minister Bildt recalled the importance for the note that the elections were generally carried Azerbaijani authorities to implement all their out in a calm and quiet atmosphere and commitments to the Council of Europe, in par- welcome the improvements noted in the ticular regarding freedom of the media and to conduct of this election. However, short- increase their efforts to promote the develop- comings were identified in a number of areas. ment of a pluralist civil society.

Replies from the Committee of Ministers to Parliamentary Assembly Recommendations [extracts]

Video surveillance of public areas

Recommendation 1830 The Committee of Ministers attaches great im- recommendation concerning the organisation (2008) portance to human rights in the information of a conference on video surveillance and, in Reply adopted on 9 July 2008 society and agrees with the Parliamentary As- the light of preliminary comments received sembly that there is a need to further consider from the CDCJ, has transmitted this idea to the the principles and guidelines necessary to European Committee on Legal Co-operation balance the public interests involved with the (CDCJ) and to the Consultative Committee of human rights and freedoms of individuals in a the Convention for the Protection of Individu- democratic society. als with regard to automatic processing of per- The Committee of Ministers has taken note of sonal data (T-PD) for further consideration. the Assembly's proposal in paragraph 2 of the

Disappearance of newborn babies for illegal adoption in Europe

Recommendation 1828 Like the Parliamentary Assembly, the Commit- beings. It acknowledges, moreover, that the (2008) tee of Ministers is concerned about the prob- lack of coherence in laws relating to adoption Reply adopted on 9 July 2008 lems raised in the recommendation and firmly and a lack of rigour in registering births are condemns all practices aimed at selling or major obstacles to the prevention of trafficking stealing newborn babies, and more generally in children. all forms of trafficking in children and human

Statements by Carl Bildt, Chairman of the Committee of Ministers 47 Human rights information bulletin, No. 75 Council of Europe

The Committee of Ministers recalls that, at its ance and reduction of statelessness, will con- Ministerial Session on 7 May 2008, it adopted sider, among other things, the implications of the European Convention on the Adoption of the failure to declare births for children’s ac- Children (revised). It also recalls that although quisition of nationality. As requested by the the convention does not formally address inter- Parliamentary Assembly in its Recommenda- national adoption, it will undoubtedly have an tion 1443 (2000), it will also be considering the important influence on international adoption question of the acquisition of nationality by as it aims to harmonise substantive law in the foreign children when an international adop- member states by laying down minimum rules tion procedure is unsuccessful, particularly on adoption based on the principle of the where this entails a risk of statelessness. child’s best interests. Lastly, the Committee of Ministers supports Regarding more specifically the lack of rigour the Parliamentary Assembly’s recommenda- in registering births, which facilitates the dis- tion urging the law enforcement authorities in appearance of newborn babies, the Committee the countries concerned to show initiative and of Ministers points out that the CDCJ, in its conduct full and effective investigations into work on the European Convention on Nation- cases of disappearance of newborn babies, with ality (ETS No. 166) and Recommendation (99) due regard to the seriousness of this criminal 18 of the Committee of Ministers on the avoid- activity.

United Nations Security Council and European Union blacklists

The Council of Europe keeps the questions Committee of Ministers reiterates that it is es- Recommendation 1824 raised by the recommendation under constant sential that these sanctions be accompanied by (2008) Reply adopted on review, particularly within the Committee of the necessary procedural guarantees, as speci- 9 July 2008 Legal Advisers on Public International Law fied in its “Guidelines on human rights and the (CAHDI) and the Committee of Experts on Ter- fight against terrorism” of 11 July 2002. The rorism (CODEXTER). To this end, in 2004, the Committee of Ministers encourages all CAHDI set up a restricted database on the im- member states of the Council of Europe to plementation at national level of the United support ongoing efforts to further improve the Nations sanctions in the field of the fight international system of targeted sanctions, in against terrorism and respect of human rights, particular with regard to fair and clear proce- which contains national contributions from dures for placing individuals and entities on member and observer states to the CAHDI, as the lists, for removing them and for granting well as a contribution from the European humanitarian exemptions. Union. The CODEXTER considers this matter in the context of its activity aimed at securing The Council of Europe’s views are drawn to the effective follow-up to the “road map” for the attention of the United Nations and the Euro- Council of Europe’s contribution to the imple- pean Union through regular exchanges mentation of the United Nations Counter- between these bodies and CAHDI. The Council Terrorism Strategy. of Europe will hold further exchanges of views Generally speaking, the Committee of Minis- with these organisations on the relationship ters underlines the importance in the fight between targeted sanctions and compliance against terrorism of the targeted sanctions con- with human rights obligations, in particular tained in the resolutions of the Security after the European Court of Justice has deliv- Council of the United Nations adopted under ered its judgments in the various cases con- Chapter VII of the United Nations Charter, and cerning targeted sanctions currently pending their implementation. Having said that, the before that Court.

Parliaments united in combating domestic violence against women: mid-term assessment of the campaign

Like the Parliamentary Assembly, the Commit- ciates the Parliamentary Assembly’s involve- Recommendation 1817 tee of Ministers has worked to promote the ment and congratulates it on the action it has (2007) Reply adopted on multidimensional approach (governmental, taken, not least in setting up a network of 11 September 2008 parliamentary, local and regional) adopted in contact parliamentarians. The Committee of the campaign, which has paved the way for Ministers also welcomes the inclusive approach comprehensive, co-ordinated action. It appre- adopted at the campaign’s closing conference,

48 Replies from the Committee of Ministers to Parliamentary Assembly Recommendations [extracts] Council of Europe Committee of Ministers

held in Strasbourg on 10 and 11 June 2008. This cluding Domestic Violence (EG-TFV) proposed event, which was attended, inter alia, by the that a series of future measures be imple- Council of Europe’s international partners mented in this area and, more specifically, that active in the field, as well as NGOs, reflected a Council of Europe convention be drafted to the various dimensions of the campaign. prevent and combat violence against women. The conference provided an opportunity not The Committee of Ministers, for its part, has only to reiterate the need for concerted action invited its Rapporteur Group on Human Rights by all the parties involved, national and inter- (GR-H) and its Rapporteur Group on Legal Co- national, in order to eradicate violence against operation (GR-J) to consider, at a joint meeting, women, but also to show that the measures whether a convention should be drafted and, if taken along these lines throughout the cam- so, what it should contain, and to report back paign, to raise awareness of this violation of to it by 15 October 2008. The Committee of human rights and protect victims, have in fact Ministers will inform the Assembly in due been a real success. course of the follow-up that is to be given to At the campaign’s closing conference, the Task this project. Force to combat Violence against Women, in-

State, religion, secularity and human rights, and blasphemy, religious insults and hate speech against persons on grounds of their religion

Recommendations 1804 The action taken by the Committee of Minis- be evaluated on a case-by-case basis and an as- (2007) et 1805 (2007) ters to follow up these commitments has sessment made of their impact. Joint reply adopted on 16 September 2008 focused on intercultural dialogue, including its The Committee of Ministers also reasserts its religious dimension. The Committee of Minis- commitment to the freedom of expression and ters reaffirms its belief in the shared European the freedom of thought, conscience and reli- principle of the separation between governance gion, which are fundamental freedoms en- and religion in the Council of Europe member shrined in the ECHR and which lie at the very states with due regard for the Convention for heart of democracy. the Protection of Human Rights and Funda- It encourages member states to closely monitor mental Freedoms (ECHR). This principle, the constantly developing degree of protection along with that of freedom of conscience and of these freedoms, as seen in the enriching in- thought and the principle of non- terpretation of the case-law of the Court to discrimination, is an integral part of the reflect this in their national law and practice. concept of European secularity on which the Some of the questions raised by the two Parlia- Committee of Ministers bases its work on the mentary Assembly recommendations have religious dimension of intercultural dialogue. already been the subject of two thematic Accordingly, and aware of the major potential reports by the Steering Committee for Human of religious communities for contributing to Rights (CDDH) on the wearing of religious the expansion of the values defended by the symbols in public areas and on “hate speech”. Council of Europe, the Committee of Ministers These two reports identify principles based on held, on 8 April 2008, on an experimental basis, the relevant case-law of the European Court of the first annual Council of Europe Exchange on Human Rights, with a view to providing guid- the religious dimension of intercultural dia- ance to the competent public authorities. With logue. It devoted this Exchange to “Teaching re- regard more specifically to the question of hate ligious and convictional facts. A tool for speech, the Committee of Ministers refers to acquiring knowledge about religions and the principles set out and the measures advo- beliefs in education; a contribution to educa- cated in its Recommendation No. R (97) 20 on tion for democratic citizenship, human rights hate speech, which remain fully valid. and intercultural dialogue”. The Committee of Ministers would also draw In the light of the conclusions of the General attention to the Conference on Human Rights in Rapporteur, the Committee of Ministers has culturally diverse societies – challenges and per- agreed to foresee a continuation of work on the spectives, to be held in The Hague on 12 and religious dimension of intercultural dialogue, 13 November 2008, in which the Assembly is focused on the core objective of the Council of invited to participate, and which could afford Europe, through annual exchanges. These will an opportunity to reflect on other relevant

Replies from the Committee of Ministers to Parliamentary Assembly Recommendations [extracts] 49 Human rights information bulletin, No. 75 Council of Europe issues, such as freedom of religion or belief, against all forms of discrimination on any hate speech and the role of the state. ground; the equal dignity of every human Lastly, the Committee of Ministers welcomes being and gender equality; inclusive and cohe- the forthcoming signature of the Memoran- sive societies; the democratic governance of dum of Understanding between the Council of cultural diversity; intercultural dialogue, in- Europe and the Alliance of Civilisations by the cluding its religious dimension, as well as inter- Secretary General of the Council of Europe and cultural exchange; and the strengthening of the United Nations High Representative for the democratic citizenship and participation and Alliance of Civilisations. The co-operation the promotion of civil society”.1 based on this agreement will further the respective objectives of both parties, including 1. See the Draft Memorandum of Understanding between “the promotion and protection of democracy, the Council of Europe and the Alliance of Civilisations human rights and the rule of law; the fight (document CM (2008) 76).

Rights of national minorities in Latvia

The Committee endorses the Assembly’s asser- steady reduction as soon as possible of the Recommendation 1772 tion, in paragraph 7 of Resolution 1527 (2006) number of non-citizens and encourages the (2006) Reply adopted on that: “The issue of national minorities’ rights implementation in Latvia of recommendations 8 October 2008 must be broached in its political, social and made by the Assembly, the Council of Europe historical context, and it is necessary to con- Commissioner for Human Rights and by other sider how the principles, values and standards relevant bodies both of the Council of Europe upheld by the Council of Europe, which are de- and of other international organisations to the signed as a universal model, should apply in extent that these are relevant and in compli- order to achieve the objective of encouraging ance with the standards of the Council of balanced interethnic coexistence, the integra- Europe (items 1.1 and 1.2). tion of the various communities in society and, In relation to the encouragement of the Latvian over and above that, the development of a authorities to take into account, in the prepara- country united by a common vision of the tion of future elections, the conclusions of the future. The Assembly considers that the ulti- OSCE Election Observation Mission with mate objective of policy towards minorities is regard to the elections held on 7 October 2006 the cohesion of society and interethnic co- (item 1.3), the Committee is also confident that existence based on respect for diversity and a Latvia will give due consideration to the perti- system of rights, obligations and responsibili- nent recommendations of the Assembly, the ties negotiated in a rational and constructive Council of Europe Commissioner for Human spirit by those directly concerned.” Rights, the European Commission against The Committee further recalls that a number Racism and Intolerance and relevant interna- of the issues raised in the resolution and rec- tional bodies, regarding the granting of the ommendation relate to the implementation of right to vote in local elections to residents with the Framework Convention for the Protection the status of “non-citizens”. of National Minorities. The Committee notes But the Committee of Ministers also takes fully that Latvia has made the following declaration into account the position of Latvia, which is to in its instrument of ratification of this Conven- further encourage naturalisation, as Latvia tion: aims at having citizens with full rights. By “Persons who are not citizens of Latvia or another state but who permanently and legally reside in the Republic of giving non-citizens voting rights, Latvia con- Latvia, who do not belong to a national minority within the siders that the boundary between citizens and meaning of the Framework Convention for the Protection of non-citizens becomes blurred and citizenship National Minorities as defined in this declaration, but who is devalued because it is no longer tied to any identify themselves with a national minority that meets the definition contained in this declaration, shall enjoy the substantial additional rights beyond those rights prescribed in the Framework Convention, unless spe- already granted to non-citizens. Latvia believes cific exceptions are prescribed by law.” that granting voting rights to non-citizens in Turning to the specific requests formulated by local elections in Latvia would reduce the in- the Assembly in Recommendation 1772 (2006), centive to naturalise. Furthermore, this would the Committee of Ministers wishes to indicate require a change of the Constitution of Latvia that it supports the process of integration of which could become a major legal and political national minorities in Latvia leading to the problem.

50 Replies from the Committee of Ministers to Parliamentary Assembly Recommendations [extracts] Council of Europe Committee of Ministers

Finally, concerning the Parliamentary Assem- jected and human rights are to be guaranteed bly’s call in item 1.8 to ensure “the same politi- in a uniform manner throughout the conti- cal approach, the same level of protection of nent, there is no rigid “one-size-fits-all model” minorities and the same level of interethnic infor the protection of national minorities. This tegration in all Council of Europe member is also reflected in the formulation of the legal states”, the Committee of Ministers stresses standards of the Framework Convention for the that, while “double standards” are to be re- Protection of National Minorities.

Replies to Parliamentary Assembly Written Questions

Secret detentions and illegal transfers of detainees in Europe

Written Question No. 545 Question hand, the “dynamics of truth” are still on the by Mrs Däubler-Gmelin march, whilst on the other hand states are far Reply adopted on The Committee of Ministers’ reply to Recom- 11 September 2008 mendation 1801 (2007) merely speaks of “possi- from having fulfilled their duties of investiga- ble” follow-up to be given by governments to tion. The reply to the Parliamentary Assembly the Assembly’s conclusions (see appended is in line with the Committee of Ministers’ extract from document AS/Jur (2008) 14). Its equally weak reaction to the Secretary General’s reactions to the Secretary General’s proposals proposals following his enquiry based on following his inquiry under Article 52 ECHR Article 52 ECHR. have been equally disappointing. Reply In the light of recent new revelations in the The Committee of Ministers has few comments media concerning, inter alia, Denmark, Ger- to add to that reply. It does wish, nevertheless, many, Portugal, and the United Kingdom, and to underline that the reply sets out – very in light of the lack of a satisfactory reply by the clearly – governments’ obligations under the Polish and Romanian authorities to the re- European Convention on Human Rights, peated requests for information by the Euro- notably to prevent human rights violations pean Commission, what action does the and, if they have occurred, to carry out inde- Committee of Ministers intend to take in future pendent and impartial investigations and to in order to fully exercise its role as the executive bring to justice those responsible for serious body of the Council of Europe, the guardian of violations. human rights on this continent? The Committee of Ministers would like to draw Appendix: Extract from document AS/Jur the Honourable Member’s attention to the fact (2008) 14 rev (Consideration of replies from that the second of two studies, which it com- the Committee of Ministers to missioned from the Venice Commission in the recommendations emanating from the context of its reply to Parliamentary Assembly Committee – Comments by the Rapporteur, Recommendation 1713 (2005), was adopted at Mr Dick Marty, on the Committee of the Commission’s 74th Plenary Session (Venice, Ministers’ reply to Recommendation 1801 14-15 March 2008) (Document CDL- (2007)) AD(2008)004). The report concerns demo- The reply by the Committee of Ministers is very cratic control of the armed forces and comple- disappointing. It confirms the attitude of the ments a previous report on democratic vast majority of governments encountered oversight of the security services in member during the preparation of the report: to block states. These texts have both been transmitted the uncovering of the truth. Recent revelations to the governments of member states; they are concerning Denmark, Portugal, the British available on the website of the Venice Commis- base of Diego Garcia, and the airport Mihail sion: http://www.venice.coe.int/docs/2008/ Kogalniceanu in Romania show that on the one CDL-AD(2008)004-e.asp.

Europe’s response to China’s human rights violations in Tibet

Written Question No. 544 Question past weeks, the most obvious violations have by Mrs Acketoft occurred in Tibet. Reply adopted on With just six months to go to the Olympic 11 September 2008 Games in Beijing, the Chinese Government is Since the Chinese occupation of Tibet in 1949, continuing its human rights abuses. During the more that 150 000 Tibetans have fled their

Replies to Parliamentary Assembly Written Questions 51 Human rights information bulletin, No. 75 Council of Europe native country and it is estimated that 3 000 Ti- nity must recognise that human rights are uni- betans flee across the Himalayas every year in versal. search of a freer life. In addition to the perils of I therefore ask whether the Committee of Min- death or severe frostbite, they risk torture and isters agrees that the actions of the Chinese au- imprisonment if caught by the Chinese mili- thorities represent an infringement of the tary. The Chinese regime has constantly limited Universal Declaration of Human Rights and the the Tibetans’ right to practice their religion, European Convention of Human Rights. freedom of speech and freedom of assembly. It Within the Council of Europe’s mandate to is also highly disputable whether any of the protect human rights, how does the Committee natural resources that are harvested by the gov- of Ministers plan to act in order to ensure that ernment actually benefit the Tibetans. the Universal Declaration of Human Rights is The current abuses are probably the worst in a followed by the Chinese Government? long time, but China has a longstanding record of violations against the Tibetan community. Reply On 10 March it was reported that a group of As China is neither a member of, nor has ob- demonstraters, mainly monks, were injured server status with, the Council of Europe, it is and taken into custody in central Lhasa. The at the worldwide level that the issue of respect purpose of the demonstration was to mark the for human rights by this country must be 49th anniversary of the Dalai Lhama’s flight raised. In this respect, a concerted approach by from Tibet. On 11 March, according to eyewit- all member states, particularly in the United nesses and media, the Chinese police used tear Nations framework, in order to speak with one gas and electrical prods to break up a group voice in favour of such respect, would certainly that was demanding the release of monks who be an effective means of action. The annual ex- had been arrested earlier. changes of views organised under the auspices Amnesty International, among others, has se- of the Committee of Ministers with experts verely condemned these breaches of human from the capitals of the member states, cover- rights. Demonstrators have the right to peace- ing human rights-related matters dealt with at ful gatherings and protests. China is breaking the United Nations, offer a forum for such con- international human right law by denying the sultations. The Committee of Ministers can Tibetans their right to freedom of speech and only encourage member states to use this plat- freedom of assembly. form for the universal defence and furtherance It is high time for the rest of the world to mark of human rights worldwide, in line with the – strongly – that the recent events in Tibet are action carried out by the Organisation on the unacceptable. Members of the world commu- European continent.

The United States of America and international law

Question the death penalty – as well as on measures Written Question No. 542 taken to comply with them”, and by Mrs Däubler-Gmelin Considering that the Committee of Ministers’ Reply adopted on • Secondly, what efforts and progress have 11 September 2008 reply of 12 July 2007 to PACE Recommendation been made further to Recommendation 1788 (2006) on The United States of America 1788 (2006) (more than six months after re- and international law (Doc 11456) does not give ceipt)? a comprehensive answer to some of the Assem- bly’s recommendations, Mrs Däubler-Gmelin Reply asks the Committee of Ministers, On 19 November 2007 the Committee of Minis- • Firstly, whether the Committee of Ministers ters’ Chairman transmitted to the Permanent has requested “the Government of the Observer of the United States of America to the United States to provide information on its Council of Europe Parliamentary Assembly response to Assembly Resolutions 1340 Resolution 1539 (2007) on “The United States (2003), 1433 (2005) and 1507 (2006), as well and international Law” together with its Rec- as Assembly Recommendation 1760 (2006) – ommendation 1788 (2007) as well as the Com- relating to, in particular, the lawfulness of mittee of Ministers’ reply. persons held in Guantánamo Bay and else- The Committee of Ministers recalls that it has where, secret detentions and unlawful state on many occasions confirmed its own commit- transfers of detainees, and the abolition of ment to the fundamental principles regarding

52 Replies to Parliamentary Assembly Written Questions Council of Europe Committee of Ministers

detention, fair trial and the treatment of de- meeting in Strasbourg on 7 May 2008 on the tainees, including the prohibition of torture occasion of the 118th Ministerial Session, stated and inhuman or degrading treatment or pun- their determination to support once again the ishment, as contained in Articles 3, 5 and 6 of adoption of a resolution on a moratorium on the European Convention on Human Rights the use of the death penalty at the 64th session and corresponding provisions of the Interna- of the UN General Assembly. tional Covenant on Civil and Political Rights. Moreover, the Committee of Ministers refers to Finally, the Committee of Ministers recalls that the European Day against the Death Penalty, Council of Europe’s member states are in dia- celebrated each year on 10 October, which it es- logue with the United States authorities, tablished in 2007 as a joint initiative with the notably in the framework of the meetings of European Union. It would like to inform the the Committee of Legal Advisers on Public In- Honourable Member that the Ministers, ternational Law (CAHDI).

Internet: http://www.coe.int/cm/

Replies to Parliamentary Assembly Written Questions 53 Parliamentary Assembly

“The Council of Europe must not withhold any criticism and must condemn in the firmest possible terms all that it regards as a violation of our principles and values. However, above all, we must look to the future and show caution, calm, clear-sightedness and political vision. The main question that should guide us during our discussions should be what we want for the future of Europe and how we can guarantee its peace and stability.”

Lluís Maria de Puig, President of the Parliamentary Assembly (PACE)

Evolution of human rights

Constitutional reform needs to be stepped up in Bosnia and Herzegovina

PACE calls upon the authorities of Bosnia and the co-rapporteurs from the Monitoring Com- Resolution 1626 and Herzegovina to step up their efforts with regard mittee, Mevlüt Çavusoglu (Turkey, EDG) and Recommendation 1843, adopted on 30 September to constitutional reforms, which should be im- Kimmo Sasi (Finland, EPP/CD). 2008 (Doc. 11700) plemented on the basis of a shared vision of the development of the country’s institutions, In addition, the Assembly draws attention to while respecting the autonomy of the two Enti- the increase in nationalist and ethnic rhetoric, ties and the Brcko district. “Without proper re- in the context of the campaign for the October forms, and in the absence of co-operation 2008 local election. It also condemns the dis- between the various structures and institutions crimination and violence against LGBTs and at the level of the state and the Entities, Bosnia the recent attacks against organisers and par- and Herzegovina will not be able to make full ticipants of the Sarajevo Queer Festival and use of the benefits of European integration,” journalists.

Promoting a culture of democracy and human rights through teacher education

Highlighting the role of teachers and other ed- learning perspective in respect of teacher edu- Recommendation 1849, ucational staff in promoting a culture of human cation”, in order to help teachers adapt to the adopted on 3 October 2008 (Doc. 11624) rights and democracy, the Assembly calls on needs of rapidly-changing democratic socie- European governments to promote “a lifelong ties.

PACE calls for a convention to combat violence against women

PACE recommends that a framework conven- mension and address the specific nature of Resolution 1635 and tion of the Council of Europe be drafted on the gender-based violence. Recommendation 1847, adopted on 3 October severest and most widespread forms of vio- The rapporteur of the Committee on Equal Op- 2008 (Doc. 11702) lence against women, in particular domestic vi- portunities for Women and Men, José Mendes olence, sexual assaults, harassment, forced Bota (Portugal, EPP/CD), asks members of the marriages, honour crimes and female genital Assembly to continue to play an active role on mutilation. According to the Assembly, this this issue and to demonstrate a firm political convention should encompass the gender di- will. He further notes that unless legislation is adopted, this fight will continue to be in vain,

54 Evolution of human rights Council of Europe Parliamentary Assembly

and that there is a vital need to provide protec- of violence and to introduce effective prevention for victims, to prosecute the perpetrators tion.

Situation of human rights in Europe

Jorge Pizarro calls on Assembly members to protect the human rights of immigrants

President of the Latin Jorge Pizarro, President of the Latin American American Parliament Parliament, calls on Assembly members to calls on PACE to guarantee the human rights of support changes in the European Union direc- immigrants tive on migration so the human rights of immigrants are guaranteed. He declares that the directive criminalises immigrants and places them in a vulnerable situation. Speaking at the Parliamentary Assembly, Jorge Pizarro pointed out on 29 September that ineq- uity, exclusion and poverty in the world cannot be justified by the scarceness of resources or population growth. He expressed his concern that poverty is growing, and said Latin Ameri- Jorge Pizarro, President of the Latino-American Parliament can countries have an important role to combat signs the PACE guest book it, in addition to developed countries.

PACE welcomes Serbia’s initiatives on minority rights but lists further steps

Resolution 1632 and Rec- PACE welcomes a number of praiseworthy ini- ethnic violence in all its forms”, the parliamen- ommendation 1845, tiatives to advance the rights of national minor- tarians stated. Among other things, they are adopted on 1 October 2008 (Doc. 11528) ities in Serbia, but notes that there are still calling for steps to make the national councils “serious deficiencies” in realising these rights. for national minorities more effective, and the Serbia should “react with greater celerity and adoption of a new law on discrimination. firmness against the perpetrators of inter-

Reunification of Cyprus: President Christofias and Mr Talat cannot afford to fail

Resolution 1628, adopted The current situation offers the best opportu- succeeding. PACE asserts that “President on 1 October 2008 nity in many years to reach a settlement that Christofias and Mr Talat are conscious that (Docs 11699 and 11727) would restore peace and unity to Cyprus, says they cannot afford to fail.” The Assembly urges PACE. Following a debate on the situation on Greece, Turkey and the United Kingdom, as the the island, parliamentarians call on “all the in- three guarantor states of the 1960 Constitution ternal and external actors involved” to do their of Cyprus, to “fully and actively” use their influ- utmost to maximise the chances of the process ence to support the political process under way.

Proposed 42-day pre-charge detention in the United Kingdom: PACE expresses “serious doubts”

Resolution 1634 adopted The Parliamentary Assembly expresses concern arbitrariness”, the unanimously adopted text on 2 October 2008 about elements of draft counter-terrorism leg- underlines. (Doc. 11725) islation in the United Kingdom that would Also, parliamentary involvement in the exten- enable the detention of a terrorist suspect for sion of pre-charge detention, as proposed, “is up to 42 days without charge, with limited judi- not appropriate”. Hence, from the perspective cial review. of the separation of powers, “the decision to maintain a person in custody is a judicial func- The parliamentarians express “serious doubts” tion with respect to which a legislative, political whether all the provisions of the draft legisla- body should, as a matter of principle, have no tion are in conformity with the European Con- say.” vention on Human Rights. “A lack of The Assembly resolves to undertake a thorough appropriate procedural safeguards may lead to study on this subject. According to the parlia-

Situation of human rights in Europe 55 Human rights information bulletin, No. 74 Council of Europe mentarians, the British draft legislation should in particular, the compatibility of such legisla- be examined within the framework of a more tion with the European Convention on Human general comparative study in order “to assess, Rights”.

PACE Monitoring Committee remains concerned about the limited progress with regard to the implementation of Resolutions 1609 and 1620

The Monitoring Committee of the Parliamen- The Committee is therefore seriously con- Situation in Armenia, tary Assembly received the report from the cerned that people may have been detained, 2 October 2008 Human Rights Commissioner regarding his and even convicted, based on political believes visit to Yerevan from 13 to 15 July 2008 and was and non-violent activities, which is unaccepta- extremely alarmed about its findings and con- ble to the Assembly. clusions that show that only limited progress has been achieved regarding key demands of The Committee regrets that the Armenian au- the Assembly. The Committee therefore invited thorities did not consider the possibility of am- the Human Rights Commissioner to return to nesty, pardons or any other legal means Yerevan and report back to the Committee at available to them, to resolve the situation re- its meeting in Paris on 17 December 2008. garding persons deprived of their liberty in relation to the events on 1 and 2 March 2008. It While noting the positive steps made regarding strongly urges the authorities to consider such establishment of an independent and credible options, which would result in major progress inquiry, the Monitoring Committee remains towards meeting the requirements of the As- extremely concerned regarding persons de- sembly. prived of their liberty in relation to the events on 1 and 2 March 2008. The Committee noted the positive steps re- In Resolution 1620 (2008), the Assembly made garding the establishment of an independent it clear that “the cases still under investigation and credible inquiry as outlined in the report should be closed or promptly brought before by the Commissioner. The Committee ex- courts”; “a verdict based solely on police testi- presses its full support for the proposals made mony without corroborating evidence cannot by the Commissioner. It welcomes the con- be acceptable” and that “the cases under Arti- structive dialogue between the Armenian au- cles 300 and 225 of the Criminal Code should thorities and Commissioner on this issue and be dropped unless there is strong evidence that hopes that the remaining outstanding issues the accused have personally committed acts of will be resolved soon in order for the expert violence or ordered, abetted or assisted to group to start and finalise its work as soon as commit them”. possible.

In that respect, the Committee took note that, The Committee is of the view that Armenia is while the investigations regarding persons in on a threshold regarding the implementation preventive detention have now closed, the of the Resolutions 1609 (2008) and 1620 (2008). cases against seven, all charged under articles Now is the time for the Armenian authorities to 300 and 225, have not yet been brought before show the political will to resolve this problem. the courts as a result of excessive length of in- The Committee places full trust in, and gives vestigation. In addition, the Committee is full support to the work of the Human Rights deeply concerned that the investigations re- Commissioner in this respect. Therefore, it garding the responsibility for the 10 deaths on 1 would invite the Commissioner to make a and 2 March have not yet been, or are not yet follow-up visit to Yerevan and to report back to on the point of being, concluded. the Committee at its meeting on 17 December Serious questions remain regarding the nature 2008 on the progress made regarding the inde- of the charges brought against people arrested pendent and credible inquiry and release of in relation to the events on 1 and 2 March as persons deprived of their liberty in relation to well as regarding the court proceedings of the events on 1 and 2 March. In December, on several cases, including with regard to the prin- the basis of that report, the Committee will ciple of fair trial. In addition, and contrary to make its decision on the actions, and possible Assembly demands, 19 persons have been con- sanctions, it will recommend to the plenary of victed on the basis of police testimony only. the Assembly in January 2009.

56 Situation of human rights in Europe Council of Europe Parliamentary Assembly

PACE calls for independent international investigation into the war between Georgia and Russia

Resolution 1633 and Rec- Since the facts surrounding the outbreak of war by troops of both sides “can be considered war ommendation 1846, between Georgia and Russia are disputed, the crimes”. adopted on 2 October Assembly urges that there be an independent 2008 (Docs 11724, 11730, The Assembly also calls on Russia to withdraw 11731 and 11732) international investigation into what hap- its recognition of the independence of South pened. Ossetia and Abkhazia, and to allow EU and The Assembly declares that both Georgia and OSCE monitors to have access to both territo- Russia have violated Council of Europe princi- ries. These, as well as full implementation of ples and values, and their commitment to settle the EU-brokered ceasefire agreement, are conflicts by peaceful means. Both sides are re- “minimum conditions” for a meaningful dia- sponsible for violations of human rights and logue. humanitarian law. The parliamentarians point to “a dispropor- The parliamentarians also express concern at tionate use of armed force by Georgia” and “credible reports of acts of ethnic cleansing assert that the Russian counter-attack “equally committed in ethnic Georgian villages in South failed to respect the principle of proportional- Ossetia and the ‘buffer zone’ by irregular ity”. They further note that the use of indis- militia and gangs which the Russian troops criminate force and weapons in civilian areas failed to stop”.

Elections

PACE elects two new Vice-Presidents

Vice-presidential elec- The Assembly elected, at the opening of its Presidents: Juan Fernando López Aguilar, for tions, 29 September 2008 Autumn 2008 Session, two new Vice- Spain, and Luigi Vitali, for Italy.

PACE re-elects Dean Spielmann judge of the European Court of Human Rights with respect to Luxembourg

ECtHR election, On 30 September 2008, the Parliamentary As- Judges are elected by the PACE from a list of 30 September 2008 sembly, re-elected Dean Spielmann as judge to three candidates nominated by each state the European Court of Human Rights with which has ratified the European Convention on respect to Luxembourg. Human Rights.

Internet: http://assembly.coe.int

Elections 57 European Social Charter

The European Social Charter sets out rights and freedoms and establishes a supervisory mechanism guaranteeing their respect by the states parties. This legal instrument was revised in 1996 and the revised European Social Charter, which came into force in 1999, is gradually replacing the initial 1961 treaty.

Signatures and ratifications

On 7 October 2008, Bosnia and Herzegovina Charter. The remaining four member states ratified the Revised Charter becoming the 40th have signed the 1961 charter. 40 states have rat- State Party to the Social Charter. ified either of the two instruments (25 for the To date, 43 member states of the Council of revised charter and 15 for the 1961 charter). Europe have signed the revised European Social

About the charter

Guaranteed rights have complied, and if it takes no action on a The European Social Charter guarantees rights decision of non-conformity, the Committee of in a variety of areas, such as housing, health, Ministers adopts a recommendation asking it education, employment, legal and social pro- to change the situation. tection, movement of persons, and non- discrimination. Complaints procedure Under a protocol which opened for signature in National reports 1995 and which came into force in 1998, com- The States Parties submit a yearly report indi- plaints of violations of the charter may be cating how they implement the charter in law lodged with the European Committee of Social and in practice. Rights by certain organisations. The Commit- On the basis of these reports, the European tee’s decision is forwarded to the parties con- Committee of Social Rights – comprising 15 cerned and to the Committee of Ministers, members elected by the Council of Europe’s which adopts a resolution in which it may rec- Committee of Ministers – decides, in “conclu- ommend that the state concerned takes spe- sions”, whether or not the states have complied cific measures to bring the situation into line with their obligations. If a state is found not to with the charter.

European Committee of Social Rights (ECSR)

Conclusions

At its 232nd session, from 20 to 24 October opportunities: Articles 1, 9, 10, 15, 18, 20, 24 and 2008, the ECSR adopted Conclusions 2008 and 25). XIX-1, assessing the situation in law and prac- Conclusions 2008 relate to: Albania, Andorra, tice of 38 States Parties on the basis of national Armenia, Azerbaijan, Belgium, Bulgaria, reports concerning the first thematic group of Cyprus, Estonia, Finland, France, Georgia, Ire- provisions (Employment, training and equal land, Italy, Lithuania, Malta, Moldova, the

58 Signatures and ratifications Council of Europe European Social Charter

Netherlands, Norway, Portugal, Romania, Slov- Republic of Macedonia” and the United King- enia, Sweden and Turkey. dom. Conclusions XIX-1 relate to: Austria, Croatia, These Conclusions have been made public and Czech Republic, Denmark, Germany, Greece, have been published on the website: Hungary, Iceland, Latvia, Luxembourg, Poland, www.coe.int/socialcharter. Slovak Republic, Spain, “the former Yugoslav

Elections

At their 1041st session, 19 November 2008, the – Mr Petros Stangos (Greek); Committee of Ministers declared elected as members of the ECSR the following four candi- – Mr Alexandru Athanasiu (Romanian); dates, with effect from 1st January 2009, for a – Mr Luis Jimena Quesada (Spanish); term of office which will expire on 31 December 2014: – Mr A. Rüchan Isik (Turkish).

Significant meetings

Colloquy on the collective complaints procedure

Strasbourg, A colloquy: “The collective complaints, ten collective complaints, to compare it to the 26-27 September 2008 years after the entry into force of the Protocol other international and regional mechanisms to the Social Charter”, was held by the Univer- for protecting human rights and also to debate sity Robert Schuman in Strasbourg. the potential ways of improving this monitor- The objective was to take stock of the past ten ing system. years, to study the impact of the procedure of

Meeting between the Chairman of Ministers' Deputies, the Human Rights Commissioner and Presidents of monitoring bodies

Strasbourg, 7 October The purpose of the meeting was to discuss ways discussed how assistance activities could better 2008 of enhancing the respective activities of the be targeted, as well as the role of national au- Commissioner and of the monitoring bodies, in thorities in taking responsibility for the neces- full respect of their independence. It was also sary reforms.

Colloquy on economic, social and cultural rights – universality and indivisibility of human rights

Strasbourg, This colloquy was organised by the Consulta- The discussions principally concerned the 16 October 2008 tive National Commission of Human Rights place of social rights in the instruments of the (France), on the occasion of the 60th Anniver- European Union and the international instru- sary of the Universal Declaration of Human ments, the case-law of the European Court of Rights. Human Rights concerning poverty, and also the European Social Charter and the case-law of the European Committee of Social Rights.

Meetings on non-accepted provisions of the Social Charter

Within the framework of the procedure aiming the authorities of Armenia (Erevan, 30 Septem- at promoting the acceptance of further provi- ber - 1st October 2008) and of Sweden (Stras- sions (Article 22), the ECSR held meetings with bourg, 21 October 2008).

Significant meetings 59 Human rights information bulletin, No. 75 Council of Europe

Collective complaints: latest developments

Decisions on the merits

In October the decision on the merits of the residing in HMDCs do not have an effective complaint Mental Disability Advocacy right to education; and, Centre (MDAC) v. Bulgaria (No. 41/2007) was – a violation of Article 17§2 of the Revised made public: it was alleged that children living Charter taken in conjunction with Article E in Homes for Mentally Disabled Children because there was discrimination against (HMDC) in Bulgaria received no education. children with moderate, severe or profound The ECSR concluded that there was: intellectual disabilities residing in HMCDs – a violation of Article 17§2 of the Revised as a result of the low number of such chil- Charter because children with moderate, dren receiving any type of education when severe or profound intellectual disabilities compared to other children.

Decisions on admissibility

On 23 September 2008, four decisions were de- It is alleged that the rules governing the in- clared admissible by the ECSR: tegration of civilians working for the French • Defence for Children International v. forces based in Germany into the French ad- the Netherlands (DEI) (No. 47/2008): It is ministration, following the dissolution of alleged that Dutch legislation deprives chil- these forces are not in conformity with the dren residing illegally in the Netherlands of rights laid down in Articles 4 (right to a fair the right to housing (Article 31) and conse- remuneration), 12 (right to social security), quently of a series of additional rights laid 18 (right to engage in a gainful occupation in down in Articles 11 (right to health), 13 (right the territory of other Parties) and 19 (right to social and medical assistance), 16 (right to of migrant workers and their families to pro- social, legal and economic protection for tection and assistance) alone or read in con- the family), 17 (right of children and young junction with Article E (non- persons to social, legal and economic pro- discrimination) of the European Social tection) and 30 (right to protection against Charter (revised). poverty and social exclusion) alone or read • European Roma rights Centre (EERC) v. in conjunction with Article E (non- France (No. 51/2008): The complainant or- discrimination) of the European Social ganisation pleads a violation of Articles 16 Charter (revised). (right of the family to social, legal and eco- • International Centre for the Legal Pro- nomic protection), 19 (right of migrant tection of Human Rights (INTERIGHTS) workers and their families to protection and v. Greece (No. 49/2008): It is alleged that assistance), 30 (right to protection against the Greek Government continues to forcibly poverty and social exclusion) and 31 (right to evict Roma without providing suitable alter- housing), read alone or in conjunction with native accommodation. It also alleges that Article E (non-discrimination), on the the Roma in Greece continue to suffer dis- grounds that Travellers in France are victims crimination in access to housing in violation of injustice with regard to access to housing, of Article 16 of the European Social Charter inter alia social exclusion, forced eviction as (right of the family to social, legal and eco- well as residential segregation, substandard nomic protection) alone or in conjunction housing conditions and lack of security. Fur- with the non-discrimination clause in the thermore, France has failed to take meas- Preamble. ures to address the deplorable living • Confédération française démocratique conditions of Roma migrants from other du travail (CFDT) v. France (No. 50/2008): Council of Europe member states.

New collective complaints

Two collective complaints were registered: complainant organisation pleads a violation • Centre on Housing Rights and Evictions of Article 16 of the Charter (the right of the (COHRE) v. Croatia (No. 52/2008): The family to social, legal and economic protec-

60 Collective complaints: latest developments Council of Europe European Social Charter

tion), read alone or in conjunction with nomic protection), read alone or in conjunc- Article E (non-discrimination) of the Char- tion with Article E (non-discrimination) of ter, on the grounds that the ethnic Serb pop- the Revised Charter. In support of its re- ulation displaced during the war in Croatia quest, the complainant organisation alleges has been subjected to discriminatory treat- that a vulnerable group of persons occupy- ment as the families have not been allowed ing denationalised flats in the Republic of to reoccupy their former dwellings prior to Slovenia have been deprived of their occu- the conflict, nor have they been granted fi- pancy titles and subjected to eviction. As nancial compensation for the loss of their the persons concerned were denied access homes. to alternative housing in the long term, they • European Federation on National Or- have now become homeless. These meas- ganisations working with the Homeless ures have also resulted in housing problems (FEANTSA) v. Slovenia (No. 53/2008): The for the families of the evicted persons. complainant organisation pleads a violation For more detailed information, see the website: of Articles 31 (right to housing) and 16 (the http://www.coe.int/t/dghl/monitoring/ right of the family to social, legal and eco- socialcharter/Complaints/Complaints_en.asp.

Publications

• The European Social Charter (revised) exists • The Social Charter at a glance has been pub- in English, French, Albanian, Armenian, lished in Latvian (exists also in English, Azeri, Bosnian, Croatian, Dutch, Estonian French, Albanian, Azeri, Bosnian, Croatian, German, Italian, Norwegian, Polish, Portu- Dutch, Georgian, German, Hungarian, Ital- guese, Romanian, Russian, Slovakian, Slove- ian, Macedonian, Polish, Romanian, Rus- nian and Spanish. sian, Slovakian, Slovenian, Spanish and Turkish).

Internet: http://www.coe.int/socialcharter

Publications 61 Convention for the Prevention of Torture

Article 3 of the European Convention on Human Rights provides that “no one shall be subjected to torture or to inhuman or degrading treatment or punishment”. This article inspired the drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Co-operation with national authorities is at the heart of the convention, given that its aim is to protect persons deprived of their liberty rather than to condemn states for abuses.

European Committee for the Prevention of Torture (CPT)

The CPT was set up under the 1987 European pose, it is entitled to visit any place where such Convention for the Prevention of Torture and persons are held by a public authority. Apart Inhuman or Degrading Treatment or Punish- from periodic visits, the committee also organ- ment. The secretariat of the CPT forms part of ises visits which it considers necessary (ad hoc the Council of Europe’s Directorate General of visits). The number of ad hoc visits is con- Human Rights and Legal Affairs. The CPT’s stantly increasing and now exceeds that of pe- members are elected by the Committee of Min- riodic visits. isters of the Council of Europe from a variety of The CPT may formulate recommendations to backgrounds: lawyers, doctors – including psy- strengthen, if necessary, the protection of chiatrists – prison and police experts, etc. persons deprived of their liberty against torture The CPT’s task is to examine the treatment of and inhuman or degrading treatment or pun- persons deprived of their liberty. For this pur- ishment.

Ad hoc visits

Extending the activities of the CPT to Abkhazia Similar consultations were previously held in Georgia, 29 September - and South Ossetia July 2008, following the postponement, at the 2 October 2008 Representatives of the CPT1 had a series of con- Georgian authorities’ request, of an intended ad tacts in Tbilisi and Sukhumi aimed at enabling hoc visit by the CPT to the regions of Abkhazia the Committee to exercise its mandate and South Ossetia. The new series of talks pro- throughout the territory of Georgia. vided an opportunity to examine the implica- In Tbilisi, the CPT’s representatives held talks tions of the recent armed conflict and with the Minister and Deputy Minister of Jus- subsequent developments for the planned ad tice, Nika Gvaramia and Tina Burjaliani, the hoc visit. Minister of Reintegration, Temuri Yakobash- In Sukhumi, the CPT’s representatives met the vili, the First Deputy Minister of Internal Af- de facto Presidential Plenipotentiaries for fairs, Ekaterine Zguladze, and the Secretary of human rights of Abkhazia and South Ossetia, the National Security Council of Georgia, Alex- respectively Georgyi Otyrba and David Sana- ander Lomaia, as well as with other senior gov- koyev, and explained to them the Committee’s ernment officials. They also met the Public mandate and working methods. Defender of Georgia, Sozar Subari. The CPT’s representatives also had discussions with members of the OSCE Mission to Georgia, 1. Mauro Palma, President, Ales Butala, member in respect of Slovenia, and Trevor Stevens, Executive Sec- the United Nations Observer Mission in Geor- retary. gia, and the ICRC Delegation in Tbilisi.

62 European Committee for the Prevention of Torture (CPT) Council of Europe Convention for the Prevention of Torture

The CPT trusts that these contacts have laid the South Ossetia. The CPT remains committed to foundations for the visit by the Committee to organising that visit in the near future. places of deprivation of liberty in Abkhazia and

Turkey, 13 October 2008 CPT holds high-level talks with Turkish Issues discussed during the talks on 13 October authorities 2008 included the conditions of detention of Abdullah Öcalan, who has been held for more Representatives of the European Committee for than nine years as the sole inmate of the prison the prevention of torture and inhuman or de- on the island of Imrali. The CPT’s representa- grading treatment or punishment (CPT) re- tives also raised other matters with the Turkish cently went to Ankara for talks with Mehmet authorities, in particular, recent allegations of Ali Sahin, Minister of Justice, and senior offi- ill-treatment of detained persons by law en- cials of the Ministries of Justice, the Interior, forcement officials and prison officers, as well Foreign Affairs, National Defence and the as the situation of foreign nationals detained Turkish Armed Forces. under Aliens legislation.

Greece, A delegation of the CPT carried out an ad hoc paid to the situation of irregular migrants de- 23-29 September 2008 visit to Greece from 23 to 29 September 2008. tained under Aliens legislation who are held in The main objective of the visit was to examine either police/border guard stations or in the treatment of persons detained by law en- special holding facilities under the responsibil- forcement agencies. Particular attention was ity of the Ministry of Interior.

Periodic visits

“The former Yugoslav Re- The main objective of the visit was to examine healthcare services and examined the use of public of Macedonia”, the steps taken by the national authorities to means of restraint within prison. Particular at- 30 June - 3 July 2008 implement recommendations made by the tention was also paid to the issue of safeguards CPT after the May 2006 and October 2007 against ill-treatment of persons deprived of visits. The CPT’s delegation focused on the their liberty by law enforcement officials. treatment and conditions of detention of sen- At the end of the visit the delegation presented tenced and remand prisoners. In this context, it its preliminary conclusions to the national au- assessed developments in relation to prison thorities.

Montenegro, The visit was the CPT’s first periodic visit to tration, Minister of Health, Labour and Social 15-22 September 2008 Montenegro as an independent state. The CPT Welfare, Supreme State Prosecutor, Director of had already visited Montenegro in the past as the Penitentiary Service, as well as with senior part of its visit to the State Union of Serbia and officials from relevant Ministries. It also met Montenegro in 2004. The recent visit was the Ombudsman, and held discussions with therefore an occasion to assess progress made members of non-governmental and interna- in the last four years and the extent to which tional organisations active in areas of concern the CPT’s recommendations had been imple- to the CPT. mented. In the course of the visit, the CPT’s delegation At the end of the visit, the delegation presented held consultations with the Minister of Justice, its preliminary observations to the Mon- Minister of Internal Affairs and State Adminis- tenegrin authorities.

Italy, During the visit, particular attention was paid gime), overcrowding and prison health care. It 14-26 September 2008 to the treatment of persons deprived of their also visited a judicial psychiatric hospital liberty by law enforcement officials and to the (OPG) and a civil psychiatric facility where pa- conditions of detention under which foreign tients may be subjected to “involuntary nationals are held in identification and expul- medical treatment” (TSO). sion centres. The delegation also examined in detail various issues related to prisons, includ- At the end of the visit, the delegation presented ing the situation of prisoners who are subject to its preliminary observations to the Italian au- a maximum security regime (the “41-bis” re- thorities.

Periodic visits 63 Human rights information bulletin, No. 75 Council of Europe

The visit focussed on the City of Moscow, the and life-sentenced prisoners. Further, the dele- Russian Federation, Republic of Udmurtia and the Regions of gation visited a psychiatric hospital, where it 22 September - 6 October 2008 Arkhangelsk and Vologda. The CPT’s delega- considered the treatment and legal safeguards tion paid particular attention to the treatment applicable to involuntary patients and patients of persons detained by Internal Affairs agen- undergoing psychiatric assessment and coer- cies, including foreign nationals and adminis- cive treatment. trative detainees. It also examined in detail At the end of the visit, the delegation presented various issues related to prisons, including the its preliminary observations to the Russian au- regimes applied to remand prisoners, juveniles thorities.

Reports to governments folllowing visits

After each visit, the CPT draws up a report which sets out its findings and includes recommendations and other advice, on the basis of which a dialogue is developed with the state concerned. The committee’s visit report is, in principle, confidential; however, almost all states choose to allow the report to be published.

Report on the visit in February 2007 first time in Liechtenstein, the Committee has Liechtenstein examined the procedures for involuntary place- Publication on The CPT has published the report on its visit to 3 July 2008 Liechtenstein in February 2007, together with ment (ordered by a civil or criminal court) in the response of the Liechtenstein Government. psychiatric hospitals, nursing homes or other These documents have been made public at the specialised institutions. In their response, the request of the Liechtenstein Government. Liechtenstein authorities provide details on the The report contains, in particular, recommen- measures being taken or envisaged in order to dations to strengthen fundamental safeguards address the issues raised in the CPT’s report. which persons deprived of their liberty by the The CPT's visit report and the response of the police should enjoy, and to improve the activi- Liechtenstein Government are available, in ties offered to inmates at Vaduz Prison, the English and German, on the Committee's web- only prison in the Principality. Further, for the site.

Report on the ad hoc visit in October 20072 Committee. The CPT was particularly con- “The former yugoslav Re- cerned about three areas: the action taken to public of Macedonia” The 2007 visit focused on the situation in Publication on prisons as well as examining the issue of safe- combat impunity, the conditions of detention 19 September 2008 guards against ill-treatment of persons de- in prisons and the treatment and care of vul- tained by law enforcement officials. It was nerable persons. prompted by the fact that the authorities’ re- The CPT’s report and the response of the na- sponse to the report on the 2006 visit did not tional authorities to the October 2007 visit address many of the issues identified by the report are available on the CPT's website . Both 2. A further ad hoc visit to "the former Yugoslav Republic documents have been made public at the of Macedonia" was carried out in June/July 2008. request of the government.

Finnish response to preliminary observations by ments, information on steps taken to end the Finland the CPT after visit to Finland in April 2008 practice of “slopping out” at Helsinki Prison, Publication on 17 September 2008 In preliminary observations made at the end of and a detailed action plan to reduce signifi- its visit to Finland in April 2008, the CPT’s del- cantly recourse to seclusion at Vanha Vaasa egation requested the Finnish authorities to State Psychiatric Hospital. By letter of provide the Committee with detailed informa- 29 August 2008, the Finnish authorities pro- tion about the legislative and organisational vided their response; it will be taken into steps envisaged to eliminate the practice of account in the context of the preparation of the holding persons on remand in police establish- CPT’s report on the 2008 visit to Finland.

Report on the visit in February 2008 Denmark in February 2008. The visit was Denmark carried out within the framework of the CPT’s Publication on The Danish government has requested the 25 September 2008 publication of the report of the Committee for programme of periodic visits for 2008; it was the Prevention of Torture on its visit to the Committee’s fourth visit to Denmark.

64 Reports to governments folllowing visits Council of Europe Convention for the Prevention of Torture

The CPT’s delegation reviewed the measures well as on the situation of prisoners from taken by the Danish authorities to implement Greenland. In addition, the delegation visited the recommendations made by the Committee two psychiatric establishments, where it exam- after previous visits. The delegation examined ined in particular the legal safeguards afforded in detail various issues concerning detention by to patients in the context of the use of restraint. the police, as well as the detention of asylum- The delegation also visited two secure institu- seekers and other foreigners in the Ellebæk Es- tions for minors and juveniles. tablishment. As regards prisons, particular at- The Danish government is currently preparing tention was paid to the treatment of maximum its response to the issues raised by the Commit- security prisoners. In the Herstedvester Estab- tee. lishment, the delegation focused on the treatment of sexual offenders who were receiving, or The report is available in English on the CPT’s had been offered, anti-hormone therapy, as website.

United Kingdom Report on the ad hoc visit in December 2007 These documents have been made public at the Publication on request of the United Kingdom authorities. 1 October 2008 The Council of Europe's Committee for the pre- During the December 2007 visit, the CPT's del- vention of torture and inhuman or degrading egation re-examined the safeguards afforded to treatment or punishment (CPT) has published persons detained by the police under the Ter- the report on its ad hoc visit to the United rorism Act 2000 as well as the conditions of de- Kingdom in December 2007, together with the tention of such persons at Paddington Green response of the United Kingdom Government. High Security Police Station.

Croatia Report on the visit in 2007 some allegations of physical ill-treatment and Publication on verbal abuse were received at Lepoglava, Osijek 9 October 2008 The CPT has published the report on its 3rd periodic visit to Croatia, in 2007, together with and Rijeka Prisons. Further, the delegation had the authorities’ response. These documents misgivings about the manner in which investi- have been made public at the request of the gations of prisoners' complaints were carried Croatian Government. out, after gathering allegations of psychological The report reviews the situation of persons de- pressure by prison officers against prisoners tained by the police, including immigration de- who had complained. The CPT recommended tainees. The information gathered during the that the authorities deliver the firm message to visit indicated that ill-treatment by the police prison staff that both physical ill-treatment and remained a problem in Croatia. The CPT made verbal abuse of prisoners, as well as any kind of a series of recommendations to address this threats or intimidating action against a pris- problem, including that a clear message of oner who has made a complaint, will not be tol- “zero tolerance” of ill-treatment be delivered, erated and will be subject to severe sanctions. from the highest level and through ongoing Prison overcrowding had worsened since the training activities, to all police officers. The 2003 visit, with an increase of the prison popu- CPT also noted with concern that little progress lation by some 40%. The CPT recommended had been made as regards notification of cus- that the Croatian authorities redouble their tody, access to a lawyer, and access to a doctor; efforts to combat prison overcrowding, in par- it called upon the Croatian authorities to take ticular by adopting policies designed to limit or effective steps to ensure compliance with these modulate the number of people sent to prison. fundamental safeguards against the ill- The CPT's delegation noted the efforts to offer treatment of people detained by the police. activities to sentenced prisoners in the estab- The CPT welcomed the efforts made to lishments visited, including prisoners serving improve material conditions in police estab- very long sentences. By contrast, the regime of lishments in Zagreb, in sharp contrast with the remand prisoners at Osijek and Rijeka Prisons situation observed in police cells outside the remained very poor, most inmates on remand capital. It recommended the Croatian authori- being confined to their cells for some 22 hours ties to redouble their efforts to improve condi- a day. tions of detention in police cells throughout No allegations of ill-treatment were received at the country. Vrapce Psychiatric Hospital and the Pula Social As regards prisons, the delegation received no Care Home for Adults with Psychiatric Disor- allegations of ill-treatment of inmates by staff ders. At both establishments, the CPT was im- at Požega Re-education Institution. However, pressed by the caring attitude displayed by staff

Reports to governments folllowing visits 65 Human rights information bulletin, No. 75 Council of Europe towards patients and residents. However, at said, the CPT recommended that programmes Vrapce Psychiatric Hospital, little or no action of rehabilitative activities as well as resocialisa- had been taken to implement the recommen- tion programmes be developed, which will dations made after the Committee’s 2003 visit; require more qualified staff. there is in particular an urgent need to proceed with the construction of the new forensic psy- In their response, the Croatian authorities chiatric unit. provide information on the measures being As regards treatment at Pula Social Care Home, taken to address the issues raised in the CPT’s the situation was globally satisfactory. That report.

18th General Report of the CPT

In its 18th General Report to the Committee of The CPT announced its intention to examine in Publication on Ministers of the Council of Europe, the CPT depth the use of electroshock stun devices in 19 September 2008 provided details on the 20 visits which it has detention-related situations, with a view to de- carried out during the last twelve months. veloping standards that will help to prevent ill- The CPT also commented on the draft Euro- treatment. Electroshock stun devices, and in pean Rules for juvenile offenders, which are particular tasers, are increasingly being used in currently pending before the Committee of law enforcement and detention contexts. Orig- Ministers. There is a high degree of consonance inally presented as a non-lethal alternative for between the draft rules and the standards de- situations when lethal force might be em- veloped by the CPT in relation to juvenile of- ployed, there is growing concern that such fenders. However, the Committee considered devices are being resorted to in circumstances that the particular vulnerability of juveniles that do not warrant their use. during police custody should be addressed in a more concrete manner.

Internet: http://www.cpt.coe.int/

66 18th General Report of the CPT European Commission against Racism and Intolerance (ECRI)

The European Commission against Racism and Intolerance (ECRI) is an independent human rights monitoring body specialised in issues related to combating racism and racial discrimination in the 47 member states of the Council of Europe. ECRI’s statutory activities are: – country-by-country monitoring work, – work on general themes, – relations with civil society.

Country-by-country monitoring

In the framework of this work, ECRI closely examines the situation concerning racism and intolerance in each of the member states of the Council of Europe. Following its analyses, ECRI draws up suggestions and proposals addressed to governments as to how the problems of racism and intolerance identified in each country might be overcome, in the form of a country report. ECRI’s country-by-country approach concerns all Council of Europe member states on an equal footing and covers 9 to 10 countries per year. A contact visit takes place in each country prior to the preparation of the relevant country report.

At the beginning of 2008 ECRI completed its which priority implementation was requested third round of country-by-country monitoring in the report. work and started a new monitoring cycle. The fourth round country monitoring reports focus In Autumn 2008 ECRI carried out contact visits mainly on the implementation of the main rec- to Belgium, the Czech Republic, Germany, ommendations addressed to governments in Greece, Slovakia and Switzerland, as part of the the third round reports. They examine process of preparing the monitoring reports on whether, and in what ways, ECRI’s recommen- these countries. The aim of ECRI’s contact dations have been put into practice by the au- visits is to obtain as detailed and complete a thorities and with what degree of effectiveness. picture as possible of the situation regarding They include an evaluation of policies as well as racism and intolerance in the respective coun- the analysis of new developments since the last tries, prior to the elaboration of the country re- report. Most importantly, ECRI introduced a ports. The visits provide an opportunity for new follow-up mechanism asking member ECRI’s Rapporteurs to meet officials from min- states – two years after the publication of the istries and national public authorities, as well report – to provide information on the imple- as representatives of NGOs and anyone con- mentation of specific recommendations for cerned with issues falling within ECRI’s remit.

Country-by-country monitoring 67 Human rights information bulletin, No. 74 Council of Europe

Work on general themes

ECRI’s work on general themes covers impor- itoring work. In this framework, ECRI adopts tant areas of current concern in the fight General Policy Recommendations addressed to against racism and intolerance, frequently the governments of member states, intended to identified in the course of ECRI’s country mon- serve as guidelines for policy makers.

General Policy Recommendations

ECRI has adopted to date 11 General Policy Recommendations, covering some very important themes, including key elements of national legislation to combat racism and racial discrimination; the creation of national specialised bodies to combat racism and racial discrimination; combating racism against Roma; combating Islamophobia; combating racism on the Internet; combating racism while fighting terrorism; combating anti-Semitism; combating racism and racial discrimination in and through school education; and combating racism and racial discrimination in policing.

ECRI continued work on its future General institutions and persons with expertise in the Policy Recommendation No. 12 on combating field of sport. It is foreseen that ECRI will adopt racism and racial discrimination in the field of the Recommendation at its 47th plenary sports. A draft text of the Recommendation has meeting in December 2008. been sent for written consultation to relevant

Work on integration from the perspective of non-discrimination

At its 45th plenary meeting (March 2008), non-discrimination. A working group was set ECRI held a general exchange of views concern- up to examine these issues in more detail and ing its position on some issues relating to inte- formulate proposals to ECRI on this subject. gration from the perspective of the principle of

Relations with civil society

This aspect of ECRI’s programme aims at spreading ECRI’s anti-racist message as widely as possible among the general public and making its work known in relevant spheres at international, national and local level. In 2002 ECRI adopted a programme of action to consolidate this aspect of its work, which involves, among other things, organising round tables in member states and strengthening co- operation with other interested parties such as NGOs, the media, and the youth sector.

ECRI’s Round Table in the Russian Federation

On 23 September 2008 ECRI held a national round table in Moscow. The main themes of this round table were: ECRI’s Third Report on the Russian Federation; racism, xenophobia, anti-Semitism and intolerance in public dis- course and in the public sphere; racist violence in the Russian Federation and the legislative and institutional framework for combating racism and racial discrimination.

Participants at the Moscow round table

68 Work on general themes Council of Europe European Commission against Racism and Intolerance (ECRI)

Publications

• Combating racism and intolerance, an intro- sion against Racism and Intolerance (ECRI), duction to the work of the European Commis- September 2008 • ECRI in brief, September 2008

Internet: http://www.coe.int/ecri/

Publications 69 Framework Convention for the Protection of National Minorities

The Framework Convention for the Protection of National Minorities is the first ever legally binding multilateral instrument devoted to protecting national minorities. It clearly states that protecting national minorities forms an integral part of the international protection of human rights.

Conference

International conference to assess the protection of national minorities by the Framework Convention

The Council of Europe held a conference on 9 The participants analysed the impact of the and 10 October to assess the progress achieved monitoring work the Council of Europe has in the continent in protecting the rights of na- carried out in these years and in particular its tional minorities ten years after the entry into impact on national legislation and policies. As force of the first binding international treaty of today, 39 member states have ratified the on this subject: the Framework Convention for convention and 8 have not. the Protection of National Minorities (FCNM). A meeting of non-governmental organisations co-ordinated by Minority Rights Group Inter- national, a London-based non-governmental organisation, was held alongside the conference. Its participants agreed on the text of an NGO declaration on the Framework Conven- tion addressed to its monitoring bodies and other actors active in the field of minority protection.

The conference, organised under the theme “Enhancing the impact of the Framework Con- vention: past experience, present achievements and future challenges”, gathered members and Rainer Hofmann, 2nd Vice-President of the Advisory Com- former members of the independent monitor- mittee, Philippe Boillat, Director General of Human Rights ing body of the convention (the Advisory Com- and Legal Affairs, and Alain Chablais, Executive Secretary of the Framework Convention mittee), academics, and representatives of national minorities, NGOs and international The conference was opened by Philippe Boillat, organisations. Director General of Human Righs and Legal

70 Conference Council of Europe Framework Convention for the Protection of National Minorities

Affairs of the Council of Europe, Thomas Ham- tional minorities. See also the website of the marberg, Human Rights Commissioner, Rainer photo exhibition: www.coe.int/minoritiesexpo. Hofmann, second Vice-President of the Advi- sory Committee, and Alan Phillips, its Presi- dent. Morten Kjaerum, Director of the European Union Fundamental Rights Agency, and Brendan F. Moran, Director of the Office of the OSCE High Commissioner on National Mi- norities, participated in the meeting.

Photo exhibition entitled “National Minorities, Breath of Diversity, Breath of Europe” A photo exhibition on national minorities was also inaugurated by the Secretary General of the Council of Europe on the occasion of the conference. Through a journey in Vojvodina (Serbia), this exhibition entitled “National Mi- norities, Breath of Diversity, Breath of Europe”, intends to provide an insight into the life of na-

First Monitoring Cycle

State Reports

The Netherlands Advisory Committee to consider it and adopt The state report on the Netherlands was sub- an opinion intended for the Committee of Min- mitted on 16 July, pursuant to Article 25, para- isters. graph 1, of the FCNM. It is now up to the

Advisory Committee Opinions

Montenegro nority Rights, to enhance national minority The Advisory Committee’s opinion on Mon- rights protection in Montenegro. tenegro was made public on 6 October at the The adoption of more detailed legal guarantees government’s request. The Advisory Commit- together with the availability of adequate im- tee visited Montenegro in December 2007 and plementation and monitoring capacity are now adopted its report (opinion) on 28 February needed to fully implement constitutional 2008. The Committee of Ministers will now rights and policy documents. Legal provisions draw on the report as it prepares a Resolution on the use of minority languages in the rela- on the issue. tions between persons belonging to national minorities and the administrative authorities Summary of the Opinion: need to be made more specific. Further efforts Montenegro has taken important steps for the need to be made regarding the availability of protection of national minorities: it has minority language teaching as part of the adopted a Constitution which includes a mi- school curriculum, including for the Bosniacs/ nority rights chapter reflecting the principles Muslims and the Croats. The difficulties expe- of the Framework Convention. The National rienced by many Roma in various fields of life Strategy on Roma was recently adopted; na- requires a vigorous implementation of the tional minority councils are in the process of newly adopted National Strategy and an ade- being established and a substantial fund for quate monitoring of the progress made in this minorities was approved by the Parliament, context. paving the way for increased support in respect The authorities should address citizenship in a of their cultures. The Advisory Committee wel- way that secures full and effective equality for comes the political will of the authorities, and persons belonging to national minorities. Due in particular the Ministry of Human and Mi- attention should be paid to ensuring that there

First Monitoring Cycle 71 Human rights information bulletin, No. 74 Council of Europe is no unjustified restriction of the personal nopolisation of discussions on national scope of application of the Framework Conven- minorities by certain political parties. tion, and that accessing fundamental rights for The provision of the Constitution on “propor- those whose legal status is currently unclear, in tionate representation” of national minorities particular the Roma and the Serbs, is guaran- in public services needs to be made opera- teed. tional, notably by relying on data on the partic- While interethnic relations in Montenegro ipation of persons belonging to national have, on the whole, remained peaceful, interac- minorities and by catering for national minori- tion and dialogue need to be expanded among ties’ specific training needs to compete better the different segments of society. Media has an for public posts. important role to play in this respect and Shortcomings regarding the effective participa- efforts should be made to increase the availa- tion of persons belonging to national minori- bility of information on national minorities to ties in economic life need to be addressed. the general public. Greater involvement of na- National minorities should be closely involved tional minority journalists by editorial boards in the implementation of regional develop- in the production of educational, cultural and ment plans targeting economically-depressed other mainstream programmes is also encour- areas where they live. aged. The Advisory Committee considers that the Latvia implication of the constitutional right to “au- The Advisory Committee adopted its opinion thentic representation” of national minorities on Latvia on 9 October. The opinion is re- in Parliament needs to be approached with all stricted for the time being and has been sub- due caution so as to avoid any excessive polari- mitted to the Committee of Ministers, which is sation of politics along ethnic lines and the mo- to adopt conclusions and recommendations.

Second Monitoring Cycle

Advisory Committee Opinions

Bosnia and Herzegovina The participation of persons belonging to minority communities has progressively in- On 9 October the Advisory Committee creased. The Albanian community, in adopted its opinion on Bosnia and Herze- particular, plays an active role in the country’s govina. The opinion is restricted for the time political life at national and local level. Signifi- being and has been submitted to the Commit- cant efforts have been made to extend the use tee of Ministers, which is to adopt conclusions of minority languages in communication with and recommendations. and within public authorities. The opportunities for learning the Albanian language and re- “The former Yugoslav Republic of ceiving instruction in this language have been Macedonia” expanded. Some progress is also reported as The Advisory Committee’s opinion on “the regards access to the media of persons belong- former Yugoslav Republic of Macedonia” was ing to minority communities. made public on 9 July upon adoption of the Notwithstanding the efforts made to enhance Committee of Ministers’ resolution. respect and mutual understanding, interethnic dialogue remains limited and manifestations of Summary of the Opinion: discrimination against persons belonging to Since the adoption of the Advisory Commit- the various ethnic communities are still re- tee’s first Opinion in May 2004, the authorities ported. The increasing separation of children of “the former Yugoslav Republic of Macedo- and youth belonging to different communities nia” have made new efforts to improve the im- in education and leisure activities is a source of plementation of the Framework Convention. concern. Steps taken at legislative and institutional level The needs of smaller communities deserve in- as part of the implementation of the Ohrid creased attention. Resolute efforts are needed Agreement form a solid basis for increasing the in the implementation of the National Strategy level of protection of persons belonging to na- for the Roma, to address the serious difficulties tional minorities. and discrimination still faced by many Roma in

72 Second Monitoring Cycle Council of Europe Framework Convention for the Protection of National Minorities

access to employment, housing, health care tion of the principle of free self-identification and education. in respect of the Armenians, the Latins and the Maronites, as well as in respect of the Roma. Cyprus The Advisory Committee’s opinion on Cyprus It is positive that the legal and institutional was made public on 9 July upon adoption of the framework for combating discrimination has Committee of Ministers’ resolution. been strengthened in Cyprus. Adequate resources should be provided to the new institu- Summary of the Opinion: tions established in this area. Since the adoption of the Advisory Commit- Notwithstanding efforts made to promote tol- tee’s first Opinion, Cyprus has taken new steps erance and intercultural dialogue, Cypriot to improve the implementation of the Frame- society remains divided and there is only a work Convention in respect of the Armenians, limited amount of dialogue and trust between the Latins and the Maronites. Efforts have been the Greek Cypriot Community and the Turkish made to support the cultural activities of the Cypriot Community. More resolute steps are these three minority groups and to provide needed to promote mutual respect, under- them with better opportunities to receive standing and integration among all persons minority-specific education. Nevertheless, ad- living on the territory of Cyprus, particularly ditional measures are necessary in order to through more active media contribution and meet the particular needs of these persons. the education system. While the Armenians, the Latins and the Maronites are well integrated in society, their It is essential that the authorities, as well as all participation in decision-making on issues the parties involved, strengthen their efforts to concerning them appears to be insufficient. achieve as soon as possible a just and lasting so- Problems remain as regards the implementa- lution to the division of Cyprus.

Opinion and Comments

Switzerland human and minority rights and ongoing dis- The comments on the Advisory Committee’s cussions on the possible introduction of an opinion on Switzerland were received and Ombudsman Office or an independent human made public on 8 September at the govern- rights institution have not yet yielded concrete ment’s request, together with the Advisory results. Committee Opinion. The Advisory Committee Although the language of instruction and the visited Switzerland in November 2007 and teaching of national languages are closely adopted its Opinion on 29 February 2008. linked to the traditional territorial distribution of languages, there have been commendable Summary of the Opinion: efforts to move towards a co-ordinated inter- The protection of persons belonging to linguis- cantonal development of language teaching in tic minorities in Switzerland is highly devel- compulsory education. This should foster lan- oped due to the institutional arrangements and guage proficiency at an earlier age in all can- the Federal system, which allow for an effective tons, while ensuring that the development of participation of these persons at all levels. English teaching does not take place to the det- Major constitutional reforms in several cantons riment of national languages. However the and important new laws, both at the Federal overall situation of Italian and Romanche- and cantonal levels, have been adopted in speakers who live outside their traditional recent years. As a result, legal certainty has areas of settlement has not significantly im- been strengthened as concerns the use of lan- proved with regard to access to language teach- guages in official contexts. Italian and Roman- ing and opportunities to enjoy cultural and che languages have in particular gained linguistic support. increased protection due to the enactment of The development of the daily use of Italian and comprehensive legislation at the Federal level Romanche in official contexts is essential to and in the canton of Graubünden. The empha- preserve the identity of the canton of sis must now be placed on the implementation Graubünden and this remains a challenge. In of these new guarantees. this context, the new law on languages should General budgetary savings in the public sector help the authorities and the linguistic minori- have adversely affected institutions promoting ties concerned to find ways and means to

Second Monitoring Cycle 73 Human rights information bulletin, No. 74 Council of Europe ensure that these languages effectively enjoy at stake since many of them experience increas- equal status with German, as prescribed by the ingly greater difficulties to practice their itiner- cantonal Constitution. ant or semi-itinerant way of life. Efforts must therefore be intensified to make sure that the Significant efforts to address the situation of cantons create further stopping places and Travellers in a comprehensive way were for the transit sites as a matter of priority. There is also first time made in the aftermath of the 2006 scope for improvement in Travellers’ participa- report of the government on the situation of tion in decision-making, especially at the can- Travellers in Switzerland. However Travellers tonal and local levels. continue to face significant problems in Swit- zerland and the preservation of their identity is

Committee of Ministers Resolutions

Cyprus, “the former Yugoslav Republic of These resolutions contain conclusions and rec- Macedonia” and the United Kingdom ommendations, highlighting positive develop- The Committee of Ministers adopted a resolu- ments but also a number of areas where further tion on the protection of national minorities in measures are needed to advance the implemen- Cyprus, “the former Yugoslav Republic of Mac- tation of the Framework Convention for the edonia” and the United Kingdom on 9 July. Protection of National Minorities.

Advisory Committee visits

Serbia tion of the norms in all regions of Serbia will be at the centre of the discussion. A delegation of the Advisory Committee on the FCNM visited Serbia from 3 to 7 November in The Delegation had meetings with the repre- the context of the monitoring of the implemen- sentatives of all relevant ministries, the State tation of this convention by this country. In ad- and Provincial Ombudsmen and the Parlia- dition to Belgrade, the delegation visited Novi ment. In addition to contacts with public offi- Sad, Bujanovac, Niš and Novi Pazar. cials, the Delegation also met persons The expected legislation on the national coun- belonging to national minorities and Human cils of national minorities and other relevant Rights NGOs in Belgrade and in all the regions laws together with the effective implementa- visited.

Follow-up Seminars

Slovenia monitoring bodies of the Council of Europe’s The authorities and the Council of Europe or- Framework Convention for the Protection of ganised a follow-up seminar in Slovenia on National Minorities are being implemented in 21 October to discuss how the findings of the Slovenia.

Election of the Bureau of the Advisory Committee

On 8 October, during the 33rd Plenary, the Ad- – Mr Alan Phillips (President, member visory Committee elected members of the elected in respect of the UK), Bureau of the Advisory Committee on the – Ms. Ilze Brands-Kehris (1st Vice-President, Framework Convention for a period of two member elected in respect of Latvia), and years. – Mr Rainer Hofmann (2nd Vice-President, The following members were elected: member elected in respect of Germany).

74 Advisory Committee visits Council of Europe Framework Convention for the Protection of National Minorities

Publications

• Framework Convention for the Protection of National Minorities – Collected Texts (5th edition) (2008) ISBN 978-92-871-6501-5

Internet: http://www.coe.int/minorities/

Publications 75 Law and policy

Intergovernmental co-operation in the human rights field

One of the Council of Europe’s vital tasks in the field of human rights is the creation of legal policies and instruments. In this, the Steering Committee for Human Rights (CDDH) plays an important role. The CDDH is the principal intergovernmental organ answerable to the Committee of Ministers in this area, and to its different committees.

Reflection on possible reforms to guarantee the long-term efficiency of the European Court

In October 2008 the Reflection Group of the guaranteeed by the Convention. As to the pro- Steering Committee for Human Rights tection system set up by the Convention, the (CDDH) continued its examination of possible Group examined a number of technical as- reforms leading to guarantee the long-term pects, such as the so-called “pilot judgments” efficiency of the European Court of Human procedure, the extension of the Court’s jurisdic- Rights, through amendments to the European tion to give advisory opinions, ways of increasing Convention on Human Rights or otherwise. In use of third-party interventions, or the possibil- this context, the Group decided to go along ity of setting up a new filtering mechanism for with the preparation of a possible non-binding applications. It recommended starting work legal instrument of the Committee of Ministers with a view to drafting a possible Statute for the concerning remedies which should be available Court. in domestic law for the protection of the rights

Improving the supervision of the execution of Court’s judgments

In September and October 2008 the Commit- execution of a given judgment and the tools tee of Experts of the CDDH responsible for the that are available to the Committee of Minis- improvement of procedures for the protection ters in order to react. The practical proposals of human rights adopted draft practical pro- will be sent by the CDDH to the Committee of posals for supervising the execution of judg- Ministers at the end of this year. ments of the Court in cases of slow execution. It is accompanied by two documents explaining the objective factors to detect problems in the

Protection of national minorities

In October 2008 the Committee of Experts of 222 (2007) of the European Congress of Local the CDDH dealing with questions relating to and Regional Authorities – “Teaching of re- the protection of national minorities prepared, gional and minority languages”. in particular, comments on Recommendation

76 Intergovernmental co-operation in the human rights field Council of Europe Law and policy

Protection of human rights in the context of accelerated asylum procedures

In September 2008 the ad hoc working party of reflects in particular the Court’s case-law on the CDDH finalised the draft Guidelines on the the subject. This draft instrument should be protection of human rights in the context of ac- adopted by the CDDH and sent to the Commit- celerated asylum procedures and a very com- tee of Ministers by the end of the year. prehensive explanatory memorandum which

Co-operation with the United Nations

The second Council of Europe/Office of the identification of topics for future co-operation High Commissioner for Human Rights in several human rights areas and an increased (OHCHR) co-ordination meeting took place in understanding of each other’s work. Geneva in September. This meeting led to the

Death penalty

On 10 October 2008 a Joint European Union/ sponsored by the Swedish Chairmanship of the Council of Europe Declaration was adopted to Committee of Ministers and the French Presi- establish the European Day against the Death dency of the European Union. On this occa- Penalty as a joint initiative of the two organisa- sion, the Council of Europe launched a TV spot tions. The European Day was marked this year to condemn capital punishment. by a panel discussion at the Council of Europe

Booklet: Death is not justice

Human Rights of Members of the Armed Forces

The Steering Committee for Human Rights tion of the Committee of Ministers on the (CDDH) continued its work on a recommenda- human rights of members of the armed forces.

Internet: http://www.coe.int/t/e/human_rights/cddh/

Protection of human rights in the context of accelerated asylum procedures 77 Human rights co-operation and awareness

Bilateral and multilateral human rights co-operation and awareness programmes are being implemented by the Directorate General of Human Rights and Legal Affairs of the Council of Europe. They are intended to assist member states to fulfil their commitments in the human rights field.

ECHR training and awareness-raising activities

Study visit to the Council of Europe, est in freedom of expression joined the group. Strasbourg, 1-4 July including the ECtHR, for judges and The delegation had the opportunity to attend prosecutors’ trainers and lawyers of the hearing in the case of Kozacioglu v. Turkey Montenegro and to listen to presentations made by staff A study visit was organised to Strasbourg for members working in the standard-setting, ten judges and prosecutors’ trainers from Mon- monitoring and co-operation directorates of tenegro, in co-operation with the Judicial the DGHL. They also had the opportunity to Training Council, from 1 to 4 July 2008. Five meet the judge elected in respect of Serbia and lawyers from Montenegro with a special inter- the Serbian lawyer at the Court’s Registry.

Training session on financial were transferred to the ASM. The standard Tirana, Albania, 3-4 July management for the staff of the Albanian budget model developed for Albanian Courts School of Magistrates in the framework of the EURALIUS pro- The objective of this final training session on gramme was provided to the ASM. This will financial management was to provide the Alba- contribute to the budgetary standardisation nian School of Magistrates (ASM) with the within the Albanian judiciary. Council of final competencies required for the drafting of Europe experts will continue to assist the ASM future clear and standard annual budgets. Par- with the elaboration of its budget for 2009-2010 ticipants were the administrative staff of the as foreseen in the terms of reference of the ASM. This was the last training session on Fi- project. nancial Magement. Necessary competencies

Thematic seminar for the staff of the tic application in criminal proceedings as well Kyiv, Ukraine, 4 July Office of the Prosecutor General of as the relevant standard-setting case-law of the Ukraine on ECHR European Court of Human Rights and the case- The seminar was organised in co-operation law in the Council of Europe member states. with the Office of the Prosecutor General DVDs with full video-recording of the seminar (http://www.gpu.gov.ua) and the Association were produced and distributed in Ukraine’s re- of Prosecutors of Ukraine (http:// gional prosecutor offices. This video-recording www.uap.org.ua) under the Council of Europe/ was also posted on the official website of the EC Joint Programme “Fostering a Culture of Office of Prosecutor General of Ukraine ( http:/ Human Rights”. The seminars highlighted the /www.gpu.gov.ua/ua/siminar.html). ECHR substantive provisions and their domes-

Fourth and fifth seminars (in a series of tional Academy of Sciences under the EC/ Tbilisi, Georgia, 4 July and 5) for judicial staff Council of Europe Joint Programme “Fostering 11 July The seminars were organised in co-operation a Culture of Human Rights”. The seminars pro- with the Institute of State and Law of the Na- vided an overview of the ECHR substantive provisions and modalities of their domestic ap-

78 ECHR training and awareness-raising activities Council of Europe Human rights co-operation and awareness

plication with a view to standards developed in Rights. The case-law in the Council of Europe the case-law of the European Court of Human member states was also highlighted.

Kyiv, Ukraine, 8-9 July Follow-up in-depth seminar for national Council of Europe. The seminar highlighted ECHR trainers of judges on ECHR the ECHR substantive provisions and their do- (Artashes) mestic application, the case-law of the Euro- The seminar was organised in co-operation pean Court of Human Rights as well as the with the Academy of Judges of Ukraine (http:// methodology of the ECHR training campaign aj.court.gov.ua) under the Council of Europe/ in Ukraine, its progress and results. The publi- EC Joint Programme “Fostering a Culture of cation of the seminar’s proceedings and pres- Human Rights”. The seminar targeted the na- entations was produced and distributed to the tional pool of expert-trainers on the European courts in regions of Ukraine. Convention on Human Rights developed by the

Lori, Armenia, 19-20 July Third cascade seminar (in a series of 3) by the Council of Europe. The seminar high- for lawyers in the western regions of lighted the ECHR substantive provisions and Armenia their domestic application in civil and criminal The seminar was organised in co-operation proceedings as well as the relevant standard- with the Chamber of Advocates of Armenia setting case-law of the European Court of (http://www.pastaban.am) with the assistance Human Rights and the case-law in the Council of a national pool of qualified experts trained of Europe member states.

Albania, Shkodre, Training seminars for lawyers on the qualified experts trained by the Council of 2-13 September, standards of the European Convention Europe. Pogradec, 19-20 Septem- ber, on Human Rights The seminars highlighted the ECHR substan- Saranda, 26-27 September tive provisions and their domestic application These seminars were organised in co-operation in civil and criminal proceeding as well as the with the National Chamber of Advocacy of relevant standard-setting case-law of the Euro- Albania with the assistance of a national pool of pean Convention of Human Rights.

Ohrid, “the former Yugo- Two thematic seminars for judges and of Europe. The seminars highlighted the ECHR slav Republic of Macedo- prosecutors on selected articles of ECHR substantive provisions and their domestic appli- nia”, 22-23 September and 2-3 October The seminars were organised in co-operation cation, the case-law of the European Court of with the Academy for training of Judges and Human Rights as well as the relevant standard- Prosecutors with the assistance of a national setting case-law of the European Convention of pool of qualified experts trained by the Council Human Rights.

Tirana, Albania, Training of trainers for judges and Albania for the benefit of trainers of judges and 23-24 October prosecutors prosecutors. The main topics of the training Within the framework of the Joint Programme were as follows: magistrate trainer specifics; between the European Union and the Council framing the curricula; training by objectives; of Europe "Support to the sustainability of the trainer-centered versus student-centered ap- School of Magistrates of Albania", a two-day proach. The training methods used were training session took place on 23 and mostly brainstorming, group work and interac- 24 October 2008 at the School of Magistrates of tive presentations.

Training and awareness-raising activities in the field of media

Azerbaijan, Masally, Training seminars for the written and as part of the Action Plan for Council of Europe 2-3 July broadcasting press on the professional support to free and fair presidential elections Guba, 12-13 July Novkhani, 23-24 August coverage of election campaigns in Azerbaijan on 15 October 2008. The semi- Novkhani, 30-31 August During four training seminars, media profes- nars aimed to raise awareness amongst journal- sionals working for the written press and in ists on the professional coverage of election broadcasting received practical advice on how campaigns and to elaborate measures to to implement Council of Europe standards on achieve this aim. Approximately 80 journalists fair, balanced and impartial coverage of elec- from Baku and other regions were trained. tion campaigns. The seminars were organised

Training and awareness-raising activities in the field of media 79 Human rights information bulletin, No. 74 Council of Europe

Conference on media diversity in media pluralism in Armenia. Representatives Yerevan, Armenia, 7 July Armenia from the national authorities, civil society and Following Resolutions 1609 (2008) and 1620 the media discussed steps that should be taken (2008) of the Parliamentary Assembly of the by the Armenian authorities before the 2009 Council of Europe (PACE) and the judgment of PACE in order to improve media pluralism, as the ECtHR in Meltex v. Armenia (2008), this demanded in PACE Resolution 1609(2008). conference was organised to discuss the state of

Television debate on the professional debate was to raise awareness amongst media Baku, Azerbaijan, 28 July media coverage of election campaigns professionals and the general public on the This television debate was organised as part of quality of media coverage in the run-up to elec- the Action Plan for Council of Europe support tions, to critically assess this coverage and con- to free and fair presidential elections in Azer- sider ways of improving coverage. The baijan on 15 October 2008. During the debate, programme also made reference and gave visi- the role and responsibilities of the media bility to the media monitoring carried out in during elections were explored. The aim of the the framework of the project.

Training course on online journalism week of training, the participants refined their Baku, Azerbaijan, 4-22 August The Council of Europe organised a three-week technical skills and obtained the necessary training seminar on web journalism in Baku, skills for creating independent online news and Azerbaijan, together with the local NGO Insti- blogs. Many of the participants said that they tute for Reporters’ Freedom and Safety. During wanted to use the skills learned during the the first two weeks of the training, the 18 par- training to start their own news blogs and web- ticipants received basic training in journalism pages. skills and creating online content. In the final

Conference on the role of the media in a tions Commission, the media and international Baku, Azerbaijan, democratic society experts discussed the responsibilities of the 26 August This activity was added to the Action Plan for media in a democracy, especially during elec- Council of Europe support to free and fair pres- tion campaigns and asked whether the media idential elections in Azerbaijan on 15 October in Azerbaijan were doing enough to provide the 2008. During the conference, representatives information that citizens needed to vote in from the Azeri Parliament, the Central Elec- elections.

Seminar on defamation for judges from the European Court of Human Rights and Sarajevo, Bosnia and the examples from the Bosnia and Herzegovina Herzegovina, The general purpose of the seminar was to 11-12 September discuss with judges the European standards in court practice. They agreed that this kind of the field of defamation and media freedom in seminar should be organised with the partici- general, in order to reduce the number of com- pation of journalists. The next seminar on the pensations for the printed media based on the same topics and with the participation of jour- Defamation Laws in Bosnia and Herzegovina. nalists will be organised on 20 and 21 Novem- The participants were very happy with the sem- ber, as suggested by participants. inar, especially with the concrete examples

Seminar on Ethics in the Audiovisual self-regulation could serve public interest in Chisinau, Moldova, sector both protecting the consumer and providing 23-24 September The Council of Europe, in association with the fair and balanced information; and whether Association of Electronic Press (APEL), hosted such influential media as broadcasting could a two-day seminar on national and European be effectively regulated by the licensing author- ethical standards in broadcasting in Chisinau, ity and the Co-ordinating Council of the Audi- that brought together key stakeholders, includ- ovisual (CCA). Trust and respect were ing media practitioners from public and identified as key principles that all broadcast- private broadcasters, representatives of the ing companies should apply in order to serve press, the Moldovan audiovisual regulatory the information needs of society. Conference body (CCA) and the civil society. The core areas delegates were very supportive of the principles of debate focused on the need for ethics in of consumer protection but expressed concern broadcasting and, specifically, to what degree that resources both within the regulatory au-

80 Training and awareness-raising activities in the field of media Council of Europe Human rights co-operation and awareness

thority and the broadcasters did not facilitate the consistent application of the agreed norms.

Chisinau, Moldova, Seminar on Access to Information to information in Moldova. It was followed by 24-25 September The Seminar was organised as part of the 5th an exchange of views on draft regulations on edition of the Right to Know Days in order to press office activities within public institu- identify shortcomings and ways to improve the tions, on press officer’s duties and on journal- co-operation between the public administra- ists’ accreditation. The seminar highlighted the tion, NGOs and the media in the field of access lack of information on citizens’ rights, includ- to information. The first part of the debate ing the right to access information and official focused on the identification of the main chal- documents and the need to educate officials to lenges related to the implementation of access respect the law in that matter.

Tirana, Albania, Round-table discussion on the ernment officials, parliamentarians, regulators 9-10 October “Harmonisation of the broadcasting and media professionals discussed with a legislation in Albania with European Council of Europe expert concrete issues to be standards” regulated in the draft broadcasting law which is A round-table discussion on the “Harmonisa- under preparation. The round-table discussion tion of the broadcasting legislation in Albania is part of the Action Plan agreed between the with European standards” took place on 9 and Albanian Parliament, the European Commis- 10 October 2008 in Tirana. It was organised by sion and the Council of Europe and is aimed at the Council of Europe and the Delegation of aligning the broadcasting legislation in Albania the European Commission in Albania in part- with European standards. nership with the Parliament of Albania. Gov-

Belgrade, Serbia, Round table on the Public Broadcasting were media professionals, representatives of 21 October Service and legislation reform in Serbia relevant ministries (Ministry of Culture, Minis- The round table was organised in co-operation try of telecommunications), national and re- with the Media unit of the Ministry of Culture. gional public broadcasting service, media Its aim was to inform the professional public associations, etc. They agreed that there are about the European standards in the media some areas (i.e. digitalisation, financing, sepa- field, more particularly regarding the public ration of broadcasting equipment) where the broadcasting service, to present some experi- present law would need to be amended, which ences from the region and to discuss the posi- will be of a great assistance to the working tive and negative sides of the proposed changes group for reform of media laws, formed within in the current legislation. The participants the Ministry.

Training and awareness-raising activities in the field of prisons and police

Lipetsk, 7-18 July Study visit to the Russian Federation tion. The German prison delegation visited col- The study visit was organised for a delegation onies and prisons in the Lipetsk region, of prison staff from Bruchsal prison, Germany, focusing on recent developments and exchange within the context of a partnership programme of experiences between the delegation and the with the Lipetsk region in the Russian Federa- Russian prison staff.

Baku, 3-4 September Meetings in Azerbaijan in the framework and the Ministry of Health, aimed to introduce of the project “Support for Prison the project and its objectives to the national Reform in Azerbaijan 2008-2009” authorities and to present and discuss the An initial meeting to launch the project “Sup- project’s Work Plan. On 4 September 2008 bi- port for Prison Reform in Azerbaijan 2008- lateral meetings to exchange views and infor- 2009”, financed by the Norwegian Government mation on the project and possible related and implemented by the Council of Europe, fields of activities were held with delegations took place in Baku on 3 September 2008. The from the ICRC, OHCHR, EU, OSCE and the initial meeting, targeting stakeholders from the Ombudsman Office in Baku. Penitentiary Service, the Ministry of Justice

Training and awareness-raising activities in the field of prisons and police 81 Human rights information bulletin, No. 74 Council of Europe

Study visit to Norway Herzegovina”. The delegation was inter alia in- Oslo, 8-2 September Five prison professionals and policy makers troduced to the national practices of education from Bosnia and Herzegovina took part in the and training programmes for operational study visit organised within the context of the prison staff and exchanged information on dif- prison project “Professionalisation and Harmo- ferent forms of specialised training as well as nisation of Prison Systems in Bosnia and in-service training for prison staff at all levels.

Study visit to Estonia ular to get an insight into the organisation of Estonia, 22-26 September The aim of the study visit was for participants the training component. The participants were to become acquainted with the best practices of six representatives of the Ministry of Justice of another European country in the field of prison the Republic of Moldova headed by the Direc- management. It aimed to exchange experiences tor General of the Department of Penitentiary with a more developed prison service, in partic- Institutions.

Train the trainers session for judges and judges, prosecutors and professors of law was Belgrade, Serbia, prosecutors created in July 2008. Work on a training curric- 9-10 October Following requests from Serbian Officials and ulum for judges and prosecutors, which will be the OSCE in March 2007, the Council of Europe included in a regular training curricula, is still undertook to develop training curriculum and in progress. A group of judges and prosecutors to organise and deliver the training of trainers from different regions of Serbia has been se- on alternative sanctions for judges and prose- lected to be trained as trainers and a first train- cutors in co-operation with the Judicial Train- ing of trainers session was held on 9 and 10 ing Centre. A working group consisting of October.

Training and awareness-raising activities on human rights for civil society representatives

Round table on “The legal profession as need for ongoing learning to comply with the Vlora, Tirana, 2-3 July the watchdog for the European human ECtHR’s standards for legal representation. rights’ standards within the Albanian Participating delegations from the Parliament, Legal System” the government, the judiciary, the NGOs in- The activity was organised within the frame- volved with legal representation, representa- work of the Programme entitled “Training of tives from the National Bar Association and Albanian Lawyers on the ECHR” funded by the international experts stressed the importance voluntary contributions from the Governments of the legal profession in the civil society and of Norway and the United Kingdom and imple- the need for ongoing learning to comply with mented by the Council of Europe in co- the ECtHR’s standards for legal representation. operation with the Albanian National Bar Asso- The National Bar Association requested the au- ciation. The objectives were to raise awareness thorities to take into consideration their sug- among lawyers, public bodies, service providers and project partners about the role of the gestions on the draft laws, important for their legal profession as the watchdog for the Euro- functioning, such as the draft law on “legal pro- pean human rights’ standards within a state, fessions”, under preparation by the MoJ. More- and their active involvement in the domestic over, it stressed the urgency for the adoption of legal system’s reform process, the importance the law “on legal assistance”. The activity was of the legal profession in civil society and the largely covered by the media.

Study visit for senior lawyers of the Ombudsman and the institution’s methods of The Hague and Rotter- Ombudsperson Institution in Kosovo dealing with cases and investigating them. On dam, the Netherlands, 3-4 July 2008 On the first day of the study visit, the partici- 4 July, the lawyers participated in a Ph.D. Re- pants visited the Office of the National Om- search Seminar at the Erasmus University of budsman of the Netherlands. They were Rotterdam. In the morning, they made presen- received by the Ombudsman, Mr Alex Bren- tations on the practice of human rights protec- ninkmeijer. Later, they met with the staff tion in Kosovo. The afternoon session was members of the Ombudsman’s office who ex- devoted to presentations and discussions on plained the role and organisation of the Dutch

82 Training and awareness-raising activities on human rights for civil society representatives Council of Europe Human rights co-operation and awareness

the European Court’s decision in Behrami v. France case, its implications and consequences.

Strasbourg, Study visit addressed to civil society Through different meetings with judges of the 10-11 September A delegation from the Helsinki Foundation ECtHR and Council of Europe officials, the par- Warsaw, made up of lawyers and Human Rights ticipants were provided with valuable informa- defenders of ten different nationalities, includ- tion on the basic principles of the European ing non-Council of Europe member states, Court of Human Rights, the role and the execu- visited the Council of Europe with a view to tion of its case-law as well as issues related to strengthening their knowledge in the Council the protection of national minorities and the of Europe’s work in the field of human rights. Commissioner for Human Rights.

Budapest, Hungary, Study visit to the Government Agent – the practical perspective. The spotlight of 30 September - 3 October Office of Hungary by three members of this part was placed on different external 2008 the Government Agent Office of Armenia visits as part of the current activities of the and two members of the Government Government Agent Office of Hungary (a Agent Office of Azerbaijan visit to the Supreme Court of the Republic of Hungary, a visit to the Human Rights Parlia- The study visit was organised with a view to de- mentary Commission and Hungarian Om- veloping and strengthening procedures and budsman and a visit to an International mechanisms for the effective protection of NGO active with the ECHR proceedings). human rights at national level. The three-day study visit was split into two main parts in ac- Both approaches aimed at strengthening the cordance with the aim of the study visit: capacity building of the Government Agent Offices respectively of Armenia and Azerbaijan – the theoretical perspective. This was aimed with the view to better representing the cases at finding out about the internal structure before the ECHR and to prevent future find- competencies and sharing peer to peer ex- ings of violations by the ECHR through periences of the Government Agent Office strengthening the human rights protection at of Hungary; domestic level.

Pezinok and Bratislava, Study visit for the lecturing staff of the Ministry of Justice, the Courts, the General Slovakia, 6-10 October National Institute of Justice of the Prosecutor’s Office and others. Sufficient time Republic of Moldova for an open exchange of information between participants was granted and discussions As many as 11 members of the lecturing staff of focused on topics such as the legal framework the NIJ took part in this visit organised jointly to regulate the activity of the Slovak Judicial with the Slovak Judicial Academy. During the Academy, its structure, composition and or- visit, the members of the Moldovan delegation ganisation of work, methodology of training, received tailor-made training sessions targeted planning of training activities, development inter alia at highlighting the strategic partner- and use of training material, as well as the role ship and technical co-operation between the of the Ministry of Justice within the judicial ed- academy and the other stakeholders in the ucation of judges and court clerks and others. field. These were delivered by representatives of other Slovak judicial institutions such as the

Madrid, Spain, Study visit of two senior lawyers from the veloping and strengthening procedures and 14-17 October Ombudsman Office in Georgia, in mechanisms for the effective protection of Armenia and in Azerbaijan to a member human rights at national level. During the state four-day study visit, the participants identified, The study visit was organised as part of the EU/ on the one hand, good practices as regards the Council of Europe Joint Programme entitled use of European human rights standards and, “Fostering a Culture of Human Rights” for two on the other, learned about and promoted the senior lawyers from the Ombudsman Office in establishment of national human right struc- Georgia, Armenia and Azerbaijan to the tures. Spanish Ombudsman Office, with a view to de-

Training and awareness-raising activities on human rights for civil society representatives 83 Human rights information bulletin, No. 74 Council of Europe

Seminar on international and European was particularly so within the asylum authori- Kiev, Ukraine, standards and the case-law of the ECtHR ties, among decision-makers in extradition 15-16 October concerning refugee protection, cases, international organisations and NGOs. It extradition and expulsion was agreed that interested parties should meet The seminar involved participants from more frequently to identify and take forward Ukrainian authorities at both regional and na- recommendations to address some of these tional level and from a range of institutions in- shortcomings. The Council of Europe pre- volved in law enforcement, border sented safeguards for the protection of refugees management, legislative developments and and asylum-seekers based upon the ECHR. asylum, in addition to international organisa- While the ECHR was not designed to specifi- tions and NGOs. The agenda was drafted by the cally address the situation of refugees, it has Ministry of Justice of Ukraine and the United been used successfully to protect their rights. Nations High Commissioner for Refugees and The Council of Europe highlighted Articles 3, 5 reviewed by the Office of the Prosecutor and 6 of the ECHR, as well as Rule 39 of the General and the Council of Europe prior to the event. The event was co-funded by the Council Court Procedures, and mentioned that a of Europe and the UNHCR. The participants number of applications against Ukraine were commented generally on the current legisla- pending and should be decided soon by the tion and practice and referred to their own Court. The Ministry of Justice reminded partic- wide range of experiences in order to highlight ipants of the Law on International Treaties, how Ukraine worked in line with international which provides that treaties ratified by Ukraine standards, in addition to highlighting certain are considered to be part of and applied as na- shortcomings in the current approach. This tional law.

Round table on the presentation and and to consider new approaches for improve- Chisinau, Moldova, discussion of the in-depth study on the ment. It was agreed that Moldovan partners 31 October functioning of the Moldovan Judicial would submit their written comments to the System findings of the study to the JP by 20 November, The round table was convened to present the so that the Council of Europe expert could take main findings of the studies and discuss its these into consideration when completing, up- outcome with Moldovan counterparts. The dating and amending the current draft. The round table was used as a platform for discuss- study should then be used as an instrument for ing the main findings of the study and to developing concrete steps in each judiciary- clarify open questions with regard to the actual related field in order to steer the changes situation within the different areas of the judi- towards a more transparent, efficient and inde- ciary. Participants also used the event to express their first reactions to the findings of pendent system. The design of concrete actions the study and took the opportunity of having regarding the development of judiciary-related an extensive exchange of information with the professions, such as judges, prosecutors, expert. The additional information on the situ- lawyers, bailiffs and court clerks will benefit ation of judicial branches in other member from such a paper to the same extent as actions states will especially enable Moldovan counter- targeted to further improve the legal frame- parts to see their own system in a different light work of the judiciary and its implementation.

Internet: http://www.Council of Europe.int/awareness/

84 Training and awareness-raising activities on human rights for civil society representatives Legal co-operation

European Committee on Legal Co-operation (CDCJ)

Set up under the direct authority of the Committee of Ministers, the European Committee on Legal Co-operation (CDCJ) has, since 1963, been responsible for many areas of the legal activities of the Council of Europe.

The achievements of the CDCJ are to be found, in particular, in the large number of Treaties and Rec- ommendations which it has prepared for the Committee of Ministers. The CDCJ meets at the headquarters of the Council of Europe in Strasbourg (France). The governments of all member states may appoint members, entitled to vote on various matters discussed by the CDCJ.

Work on Children’s rights

Stockholm, 8 September Seminar: “Towards European guidelines with the Swedish chairmanship of the Council 2008 on child-friendly justice: Identifying of Europe’s Committee of Ministers. It gathered core principles and sharing examples of various stakeholders and key actors in the good practice” field, including eminent scientific and academic experts, representatives from governments, international organisations and institutions, NGOs and professional networks, local authorities, parliamentarians, ombud- spersons for children, judges and children’s advocates as well as young people. The seminar gave impetus and momentum to the work of the Council of Europe which, further to Resolution No. 2 on child-friendly justice adopted at the 28th Conference of the European Ministers of Justice (Lanzarote, October 2007), is currently preparing European guidelines meant to assist the governments, in a very concrete manner, in making their legal systems more adapted to children’s needs. The seminar focused on the civil and administrative The seminar entitled “Towards European law systems, as well as the criminal law system. guidelines on child-friendly justice: Identifying The role of children as perpetrators, children in core principles and sharing examples of good conflict with the law, witnesses, and victims of practice” was co-organised with the Swedish crime were also discussed. Overall, important Ministry of Justice on 8 September 2008 in and valuable material was provided for the Stockholm. This event took place on the first Group of Specialists of the Council of Europe day of the high-level Conference “Building a which will be entrusted with the task of draft- Europe for and with Children – Towards a strat- ing comprehensive European guidelines on egy for 2009-2011”, organised in co-operation child-friendly justice in 2009.

European Committee on Legal Co-operation (CDCJ) 85 Human rights information bulletin, No. 74 Council of Europe

Work on Incapable Adults

The Council of Europe has continued its work Europe website for consultation by the general on the Committee of Ministers’ Draft Recom- public on 12 June 2008, and a letter was sent to mendation on continuing powers of attorney different stakeholders, indicating the working and advance directives for incapacity. The nature of this document, requesting their com- Working Party in charge of its drafting agreed ments. Indeed, a number of comments have that the draft recommendation should mainly arrived from the members states from observ- focus on two methods of self-determination, ers, the most active NGOs in this area and i.e. continuing powers of attorney and ad- Council of Europe bodies, and these were duly vanced directives. In the interests of transpar- taken into account by the Working Party ency and information-sharing, the draft during its September meeting. recommendation and the draft explanatory The next meeting (the final one) will take place report were made available on the Council of from 3 to 5 December 2008.

Lille Conference: “International between the different international organisa- Lille, 16-17 September Protection of Vulnerable Adults” tions active in this field, in particular, the 2008 In addition, the Council of Europe actively par- Council of Europe, European Union and the ticipated at the Lille Conference on 16 and 17 Hague Conference on International Private September 2008, entitled “International Pro- Law. The Chairs of the two Council of Europe tection of Vulnerable Adults” organised by the Working Groups on Recommendation of the French Presidency of the European Union. The Committee of Ministers No. R (99) 4 on princi- main objective of this conference was to ples concerning the legal protection of incapa- promote the ratification of the Hague 2000 ble adults and the new Recommendation on Convention on International Protection of continuing powers of attorney and advance di- Adults. Having been ratified by France, the rectives for incapacity, Mr Svend Danielsen and Convention gathered three ratifications and Mr Kees Blankman, presented the activities of will enter into force on 1 January 2009. their respective working groups. The Council of Europe’s Director Mr Jan Kleijs- sen presented some of the multi-faceted activi- Lastly, the Conference proved to be an excellent ties of the Council of Europe in this area, and opportunity to raise awareness on the various elaborated on possibilities of co-operation Council of Europe activities in this field.

Internet: http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/

86 European Committee on Legal Co-operation (CDCJ) Venice Commission

The European Commission for Democracy through Law, or Venice Commission, is the Council of Europe’s advisory body on constitutional matters. Its work aims to uphold the three underlying principles of Europe’s constitutional heritage: democracy, human rights and the rule of law – fundamental tenets of the Council of Europe.

Democratic institutions and human rights

Blasphemy, religious insult and incitement to religious hatred

Opinion No. 406/2006 On 17 and 18 October 2008 the Venice Commis- hostage of the excessive sensitivities of certain CDL-AD(2008)026 sion adopted its report on “The relationship individuals: it must be possible to criticise reli- CDL-AD(2008)026 add and add2 between freedom of expression and freedom of gious ideas even if such criticism may be per- religion: the issue of regulation and prosecu- ceived by some as hurting their religious tion of blasphemy, religious insult and incite- feelings. Fear of violent reactions should not ment to religious hatred”. The Commission has dictate self-censorship. But reasonable self- researched the domestic legislation of the 47 restraint should be used if constructive debate members of the Council of Europe in relation is to replace dialogues of the deaf. to the offences of blasphemy, religious insult and incitement to religious hatred. In the The Venice Commission has prepared a publi- report the Commission underlines that mutual cation on “Tackling blasphemy, insult and understanding and acceptance is perhaps the hatred in a democratic society” which contains, main challenge of modern societies. Diversity in addition to the above report and annexes, is undoubtedly an asset; but cohabiting with the reports which were presented at the Inter- people of different backgrounds and ideas calls national Round table on “Art and sacred beliefs: for a new ethic of responsible intercultural re- from Collission to Co-existence” (Athens, lations, in Europe and in the world. Unlike 31 January - 1 February 2008) and ECRI General blasphemy, incitement to hatred must be crim- Policy Recommendation No. 7 on National inalised and prosecuted, with no unjustified Legislation to combat Racism and Racial Dis- difference being made between different crimination. This publication is available at the groups. Democratic societies must not become Secretariat of the Venice Commission.

Amicus curiae briefs

The Venice Commission further adopted two (Bjelic v. Monteengro and Serbia and Sejidic and amicus curiae briefs in proceedings pending Finci v. Bosnia and Herzegovina). before the European Court of Human Rights

Bjelic v. Monteengro and Serbia

Opinion No. 495/2008 The first case relates to a fundamental problem constituent peoples: Serbs, Croats and Bos- CDL-AD(2008)021 in the constitutional structure of Bosnia and niacs) from the elections to the Presidency and Herzegovina, directly stemming from the con- to the House of Peoples of BH. The Commis- stitution: the exclusion of the category of “the sion concluded that the exclusion of the “oth- others” (those who do not belong to the three ers” from elections to both the Presidency and

Democratic institutions and human rights 87 Human rights information bulletin, No. 75 Council of Europe the House of Peoples violated the European Convention on Human Rights and in particular Protocol Nos. 1 and 12.

Sejidic and Finci v. Bosnia and Herzegovina

The second case raises two main issues: the mitted by the courts of the Republic of Opinion No. 483/2008 succession of Serbia and Montenegro to the Montenegro in the period between 3 March CDL-AD(2008)027 treaty obligations of the former State Union of 2004 (date of the entry into force of the Euro- Serbia and Montenegro, and the liability of a pean Convention on Human Rights in respect successor state for the wrongful acts of its pred- of the State Union of Serbia and Montenegro) ecessor. The Commission considered that it and 6 June 2006 (date as of which the inde- would be unreasonable to hold Serbia responsi- pendent State of Montenegro was a party to the ble for human rights violations allegedly com- ECHR).

Internet: http://www.venice.coe.int/

88 Amicus curiae briefs European human rights institutes

Through their research and teaching activities, the institutes play an important part in the development of human rights awareness.

The following, non-exhaustive, list gives an outline of the resources of various human rights institutes and their activities in 2008. The information, provided by the institutes, is presented in the language in which it was drafted.

Austria/Autriche

Internationales Forschungszentrum für Grundfragen der Wissenschaften

Edith-Stein-Haus, Mönchsberg 2a, 5020 Salzburg Tel.: + 43 (0) 662 84 31 58 – 11 (Secretariat), + 43 (0) 662 84 31 58 – 13, 14 (newsletter/documentation) Fax: +43 (0) 662 84 31 58 – 15 E-mail: [email protected] (Secretariat)/[email protected] (newsletter) Website: http://www.menschenrechte.ac.at/

Publications – Newsletter Menschenrechte. A publication comprises the lectures and discussions held in German which is published six times a on 14 and 15 June 2007 on occasion of an in- year, giving precise and timely information ternational symposium run in memorial of about recent decisions of the European the Institute’s 20th anniversary (1987 – Court of Human Rights, the European Court 2007). of Justice, the UN Human Rights Committee – Karl, Wolfram/Schöpfer, Eduard Christian and the Austrian supreme instances. (ed.), “The jurisprudence of Austrian courts – Karl, Wolfram/Berka, Walter (ed.), Medien- in respect of the European Convention on freiheit, Medienmacht und Persönlichkeitss- Human Rights in 2007”, Zeitschrift für Öf- chutz (Freedom of media, media power and fentliches Recht, vol. 63/2008. protection of personality), Vol. 10 of Schrif- – Loos, Thomas/Zlatojevic, Ljiljana/Czech, ten des Österreichischen Instituts für Mens- Philip (ed.), Österreichisches und Europäis- chenrechte (miscellanies of the Austrian ches Fremdenrecht (Austrian and European Human Rights Institute). The publication Aliens Law) (script).

Events On 12 December 2008 the Institute ran, to- (Direct democracy within the European gether with the Austrian Institute for European Union) to commemorate the Human Rights legal policy, a symposium under the title “Di- Day (10 December). rekte Demokratie in der Europäischen Union”

Projects Since 2008 the Institute has participated in a end, members of the Institute elaborated a project run upon initiative of the Austrian As- script about Fundamental rights in a judge’s sociation of Judges. Its aim is to improve and daily work and participated in a pilot project consolidate the knowledge of forthcoming aimed at finding out which course should be judges of the rights guaranteed by the Euro- followed to guarantee a thorough training and pean Convention on Human Rights. To this

Austria/Autriche 89 Human rights information bulletin, No. 75 Council of Europe education. Two seminars have already been ropean Court of Human Rights, to be published held in April and November 2008, respectively. in a newly founded European Yearbook on Beginning in 2009, the Institute will report on Human Rights. actual developments in the case-law of the Eu-

The Institute’s homepage provides visitors with European Court of Human Rights. The Insti- Documentation a free, accessible archive, comprising all the tute makes Strasbourg Court decisions availa- volumes of the Newsletter (containing Stras- ble to the public in the form of a bourg case-law in abridged form, starting from comprehensive database of Austrian laws and 1992) as well as the titles of its library. Potential court decisions (Rechtsinformationssystem des complainants have also access to useful infor- Bundes – RIS). mation on how to bring complaints before the

The library’s collection of volumes in the field comprises more than 2 000 titles and 27 peri- Library of human and fundamental rights currently odic journals.

The Institute is a platform for anyone who guaranteed by the European Convention on Legal advice seeks legal advice concerning alleged violations Human Rights. The service is free of charge. of his/her human rights, especially of those

In February 2008 the Institute was informed of the development of human rights in Austria National correspondent the discontinuation of the national- (jurisprudence, laws, bibliography) and correspondents-reporting scheme in its making it available to the interested public in current form. As regrettable as that may be, the one way or another. Institute will go on collecting information on

European training and research centre for human rights and democracy (ETC)

Schubertstrasse 29, 8010 Graz Tel: +43 (0)316 322 888 Fax: +43 (0)316 322 888, ext.4 E-mail: [email protected] Internet: www.etc-graz.at The ETC was set up as a non-profit association grammes for civil servants, the police, army, as and started its work in October 1999. Its well as for members of international organisa- premises in Graz were opened on the occasion tions and NGOs in Austria and abroad. New in- of the Human Rights Day on 10 December novative teaching methods are applied in “train 2000. Its main aim is to conduct research and the trainers programs”. Simultaneously, basic training programmes in the fields of human research is conducted with main research rights, democracy and the rule of law in close focuses on South Eastern Europe and anti- co-operation with the University of Graz. discrimination. Special emphasis is placed on training pro-

Internet Governance and the Information Soci- Intersectional discrimination. Collection of Recent publications ety. In this book, experts discuss global per- good practices and recommendations in the spectives and European dimensions of the field of intersectional discrimination focusing Internet Governance. on gender, age, disability, migration, sexual orientation and social standing. Occasional papers Nos. 20 and 21: “Thematic 1st human rights report of the city of Graz. The Legal Study on Homophobia” and “Discrimina- ETC together with the human rights advisory tion on Grounds of Sexual Orientation” (Slova- board published the first human rights report kia and Hungary). Edited by VIA IURIS of the city of Graz. The report contains the Attorneys at Law and the ETC, in the frame- years 2001-2007 with three focuses: poverty, work of the EU Fundamental Rights Agency Islamophobia and racism. Available online at FRALEX Network, commissioned by FRA. the ETC homepage. Available online at the ETC homepage Manual. The 2nd edition of the human rights (www.etc-graz.at). manual in German is now available on the ETC

90 Austria/Autriche Council of Europe European human rights institutes

homepage. It contains an introduction and 13 Science Education Unlimited. In the context of modules on different human rights as well as the Promise project (2005-2007) a book with selected activities, additional references and the focus on “Approaches to equal opportunity teaching methodology. From 7 January 2009 in learning science” will be published at the be- the manual will also be available in a printed ginning of 2009. Edited by Tanja Tajmel and version. Klaus Starl. European Yearbook an HR 2008. The ETC will Occasional paper No. 22: “Promotion of Mi- contribute an article for the European Yearbook grants in Science Education: Austrian, German, an HR 2008 with the working title “EU policies Bosnian and Turkish Perspectives”. Edited by on Racism, Xenophobia and Islamophobia”. Tanja Tajmel, Zalkida Hadzibegovic, Munire Erden, Seval Fer and Klaus Starl. Available online at the ETC homepage.

Professional training Intercultural training from all over Austria. The focus of this training is the practice of human rights protection The ETC currently has a focus on inter- within the Security Authority. culturality. So, different trainings and seminars are held on this topic, for health care providers Teacher training (Muslims in hospitals), prison staff (Inter- The focus of the teacher training held by the culturality and gender), and local administra- ETC is on the Internet, the Right to Food, and tion (Strategies against racist paroles) among an introduction to human rights education others. based on the manual.

Police training

Every year the ETC holds seminars on the topic of “State and Human Rights” for police officers

Offers for general public Lecture Series “Understanding Human Certificate course Rights” The 2nd part of the certificate course “Intro- Every year the Institute for International Law duction to Human Rights Education based on and International Relations at the University of the manual ‘Understanding Human Rights’” Graz and the ETC co-organise a lecture series (with ECTS credits) will be held in February (with ECTS credits) on “Understanding Human 2009. The focus is on the practical testing of Rights” open to students of all faculties and all self-elaborated activities and teaching units. other interested people, which is based on the The university course is open to all students. ETC’s manual “Understanding Human Rights”. Public lectures, workshops and panel Student Workshops discussions

The ETC holds workshops in schools on the These will be on different topics such as topics “right-wing extremism” and “basic rules ‘Homophobia and equal opportunities in the EU’ of democracy”. and will be held by the ETC in January 2009.

Other activities Library impact of transnational terrorist and criminal organisations on the peace-building process in The library is open to the public every day from the Western Balkan region. 9 to 12 and contains over 2 000 publications on human rights, human rights education, human security, democracy and anti-discrimination. Film project At the beginning of 2009 the ETC will produce ETC Summer Academy a short film about everyday racism on the basis The ETC organises an annual summer acad- of a real discrimination case. Pupils from a emy, with a different focus each year. This year’s school in Graz will be the main actors and ac- academy from 20 to 30 July 2008 focused on the tresses.

Austria/Autriche 91 Human rights information bulletin, No. 75 Council of Europe

Belgium/Belgique

Institut Magna Carta

Avenue Louise, 89, 1050 Bruxelles Tel. : +32 (0)2 5331092 Fax : +32 (0)2 5344779 Courriel : [email protected]

Spin-off universitaire, l’Institut Magna Carta plinaire spécialisé en droit international et en est un réseau académique d’experts et un insti- droits de l’homme sensu lato. tut de recherche indépendant et transdisci-

Recherche programme scientifique, organise les sessions Ressources principales L’Institut Magna Carta mène et coordonne des de formation et sélectionne les meilleurs programmes de recherche d’envergure interna- experts et spécialistes compétents. tionale. Ces programmes, financés par les pou- voirs publics ou par des entités privées, portent Expertise, conseils et consultance sur des questions relatives au droit interna- L’Institut Magna Carta met à la disposition des tional ou aux droits de l’Homme. L’Institut administrations, des entités privées, des Magna Carta s’engage tant dans des recherches praticiens ou de toutes autres institutions, ses fondamentales qu’appliquées et veille à diffuser services d’expertise. Soucieuse d’assurer un largement les résultats obtenus. L’Institut service professionnel de qualité en droit inter- Magna Carta assure la coordination et la réali- national ou dans le domaine des droits de sation des programmes de recherche en s’ap- l’Homme, l’Institut Magna Carta s’appuie sur puyant sur ses chercheurs et sur un large réseau ses chercheurs et son réseau d’experts universi- d’experts, composé tant de chercheurs et pro- taires. fesseurs universitaires que de praticiens expéri- mentés. Parallèlement aux activités d’expertise adressées essentiellement aux institutions, Formation l’Institut Magna Carta offre également un L’Institut Magna Carta organise des sessions de service de conseils juridiques en matière de formation sur le droit international et les droits droit international et de droits de l’homme de l’homme ainsi que sur toutes questions ou destiné aux praticiens, et plus précisément aux problématiques connexes. Ces formations sont organisations non gouvernementales et aux généralement mises en place spécifiquement cabinets d’avocats. Ce service doit permettre pour répondre à une demande concrète formu- aux praticiens de sous-traiter la résolution de lée par une administration, une entité privée, questions techniques liées au droit interna- une université, des praticiens ou encore par des tional ou aux droits de l’homme pour lesquelles particuliers. L’Institut Magna Carta dirige le ils n’ont ni les ressources ni l’expertise exigées.

L’Institut Magna Carta mène, seul ou en colla- etc.), sur la théorie du droit international Programmes boration, des programmes de recherche et de public et l’histoire du droit international (fi- formation relatifs au droit international, aux nancé par la Loterie Nationale et communauté droits de l’Homme ou à toute autre thématique française de Belgique), sur la promotion scien- connexe. En particulier, l’Institut s’est vu tifique des droits de l’Homme en Amérique confier un projet de recherche international latine, ou encore sur la responsabilité sociale sur la lutte globale contre le terrorisme dans des entreprises en Europe, mais aussi dans les une perspective transatlantique (financé par pays BRIC (Brésil, Russie, Inde, Chine). D’autre l’Union Européenne, en partenariat avec la part, l’Institut organise des programmes de for- NYU, l’université de Vienne, Paris I et UNODC mation à destination de praticiens, magistrats (United Nations Office on Drugs and Crime)), ou avocats, fonctionnaires ou entrepreneurs, mène des recherches en droit international hu- sur divers thèmes comprenant entre autre la manitaire (financé par le 7e programme cadre responsabilité sociale des entreprises, la lutte de l’UE, en partenariat avec Paris I – Panthéon contre le terrorisme, la protection des droits de Sorbonne, le Collège de France, le British Insti- l’Homme, le droit international et a notam- tute of International and Comparative Law, ment organisé des sessions de formation à des-

92 Belgium/Belgique Council of Europe European human rights institutes

tination de hauts magistrats algériens et marocains (en collaboration avec l’Internatio- nal Legal Assistance Consortium et UNODC).

Publications Soucieux de promouvoir l’excellence scienti- Justice » – no 77, Bruxelles, 2007, Ludovic fique en droit international et droit des droits Hennebel ; de l’Homme, l’Institut assure et encourage les – La Convention américaine des droits de publications scientifiques relatives à ces mat- l’homme : Mécanismes de protection et éten- ières, que ce soit dans le cadre de programmes due des droits et libertés de formation ou de recherche. Ci-dessous, les Editions Bruylant, coll. « Publications de ouvrages avec la participation des membres de l’Institut international des droits de l’Institut Magna Carta : l’homme », Bruxelles, 2007, Ludovic – Penser la guerre juste d’hier à aujourd’hui Hennebel ; Editions Bruylant, coll. « Penser le droit » – no 11, Bruxelles, 2009, sous la direction de – Responsabilités des entreprises et Thomas Berns et Gregory Lewkowicz ; corégulation Editions Bruylant, coll. « Penser le Droit », – Juger le terrorisme dans l’Etat de droit Bruxelles, 2007, de Thomas Berns, Pierre- Editions Bruylant, coll. « Magna Carta » – François Docquir, Benoît Frydman, Ludovic no 1, Bruxelles, 2009, sous la direction de Hennebel, Gregory Lewkowicz ; Ludovic Hennebel et Damien Vandermeersch ; – Armes légères : Syndrome d’un monde en – Juger les droits de l’homme : Europe et Etats- crise Unis face à face Editions L’Harmattan, coll. « Questions Editions Bruylant, coll. « Penser le Droit » – Contemporaines », Paris, 2006, de Lazare no 10, Bruxelles, 2008, de Ludovic Hennebel, Beullac, Jörg Krempel, Gaspard Metzger, Gregory Lewkowicz et al. ; Karim Sader, Adeline Taravella, Romain Thaury ; – La jurisprudence du Comité des droits de l’homme des Nations Unies: Le Pacte interna- – Classer les droits de l’homme tional relatif aux droits civils et politiques et Editions Bruylant, coll. « Penser le Droit », son mécanisme de protection individuelle Bruxelles, 2004, sous la direction de Emma- Editions Nemesis/Bruylant, coll. « Droit et nuelle Bribosia et Ludovic Hennebel.

Finland/Finlande

The Erik Castrén Institute of International Law and Human Rights

Faculty of Law, University of Helsinki, P.O. Box 4 (Yliopistonkatu 3) Tel.: + 358 9 1912 3140 Fax: + 358 9 1912 3076 E-mail: [email protected] Website: http://www.helsinki.fi/eci/

The Erik Castrén Institute of International Law and Human Rights was established in 1998 within the confines of the Faculty of Law at the University of Helsinki in order to provide a centre for research and study in its field of activities. The institute was named after Professor Erik Castrén, a former professor of international law at the University of Helsinki and former member of the International Law Com- mission. Today, the Director of the Institute is Professor Martti Koskenniemi and the Deputy Director is Professor Jan Klabbers. Staff of the Erik Castrén Institute

Finland/Finlande 93 Human rights information bulletin, No. 75 Council of Europe

In the course of its ten years, the Erik Castrén Several seminars and workshops are organised Main Services Institute has completed several projects of con- by the institute every year, many of which are in sultant research, many of which have been co-operation with the Ministry of Foreign Af- commissioned by its long-term partner the fairs. The institute also co-operates with, inter Finnish Ministry of Foreign Affairs. Currently, alia, the University of Helsinki, the Ministry of there are several on-going research projects Education, the Academy of Finland, the commissioned by the institute for doctoral and Finnish International Studies Association, the post-doctoral candidates. Reports of each com- ius Gentium Association, the Institute for pleted project are published in the institute’s Human Rights at Åbo Akademi, the Finnish own Research Reports series. In addition, in the Red Cross, and other international and na- year 2000, the institute launched the Erik Cas- tional human rights organisations. trén Institute Studies in International Law, published by Martinus Nijhoff.

Copies of the Erik Castrén Institute’s Research • The Politics of Responsibility to Protect: Recent publications Reports series can be purchased from the insti- Problems and Prospects by Pekka Niemelä, tute’s website (see above). The most recent and publications (2008) are: • Legal Implications of NATO Membership: Focus on Finland and Five Allied States by Juha Rainne.

The institute organises an annual two-week State Responsibility and International Criminal Forthcoming Seminars “Helsinki Summer Seminar” on contemporary Law”. The purpose is to provide a platform for international law in conjunction with the discussions on recent developments regarding Faculty of Law at the University of Helsinki. issues of responsibility and their interconnec- Speakers are of high international standard and tions. participants come from all over the world. The 22nd Summer Seminar will be held from 17 More information on the seminar and more to 28 August 2009 and its topic will be “Linking can be found at: www.helsinki.fi/eci/.

Institute for Human Rights

Åbo Akademi University, Gezeliusgatan 2, 20500 Turku/Åbo Tel.: 358–2–215 4713 Fax: 358–2–215 4699 Website: http://www.abo.fi/instut/imr

These include: • Bibliographic reference database for human Main services for the public • Human rights library rights literature (FINDOC) • Depository library for the Council of Europe • Database for Finnish case-law pertaining to • United Nations depository library human rights (DOMBASE)

Yksilön oikeusasema Euroopan unionissa – rights of an individual within the European Recent publications Individens rättsställning inom Europeiska unio- Union, was published in May 2008 to honour nen, by Heidi Kaila, Elina Pirjatanniemi and Dr Allan Rosas, Judge at the Court of Justice of Markku Suksi (eds.) (ISBN: 978–952–12–2051–7. the European Communities and former Direc- 770 pp). This volume, written in Finnish and tor of the Institute for Human Rights at Åbo Swedish and pertaining to the fundamental Akademi University, on his 60th anniversary.

Master’s Degree Programme in International and practitioners with a good knowledge of Main activities in 2008 Human Rights Law: a two-year programme, human rights law. open for applicants holding a law degree or Intensive Course on Justiciability of Economic, another bachelor’s degree with subjects rele- Social and Cultural Rights: Theory and Practice, vant to the legal protection of human rights. 10–14 November 2008: a course for post- Advanced Course on the International Protec- graduate students, practicioners and policy- tion of Human Rights, 18–29 August 2008: an makers. Arranged in co-operation with the intensive course for post-graduate students Chair in Human Rights Law, Department of

94 Finland/Finlande Council of Europe European human rights institutes

Public Law, Stellenbosch University (South Dr Louise Arbour, UN High Commissioner for Africa) and the Norwegian Centre for Human Human Rights was awarded a honorary doctor- Rights. ate of Åbo Akademi University in May 2008, Dr Elina Pirjatanniemi was appointed Acting and on that occasion she also visited the Insti- Professor of Constitutional and International tute for Human Rights and met with staff, re- Law (2008–2009) and Director of the Institute searchers and students. for Human Rights as from September 2008.

Forthcoming courses and Master’s Degree Programme in International Advanced Course on the International Protec- seminars Human Rights Law, Autumn 2009 – Spring 2011, tion of Human Rights, 17–28 August 2009, application deadline 27 February 2009. application deadline 20 April 2009.

France

Centre de recherche sur les droits de l’homme et le droit humanitaire (CRDH)

Locaux et bibliothèque : 158 rue Saint-Jacques, 75005 Paris Adresse postale : 12 place du Panthéon, 75231 Paris Cedex 05 Tel. : +33/(0)1 44 41 49 16 (dir. 49 15) Fax : 01 44 41 49 17 Courriel : [email protected] Site internet : http://www.crdh.fr/

Créé en 1995 par les doyens Mario Bettati et d’étudiants y préparent leur thèse de doctorat – Gérard Cohen-Jonathan, le Centre de recher- et à la recherche collective, à travers l’organisa- che sur les droits de l’homme et le droit huma- tion de colloques et de journées d’étude, la par- nitaire (CRDH) est dirigé depuis 2003 par le ticipation à des programmes ou réseaux professeur Emmanuel Decaux, responsable du d’échanges et l’animation de chantiers scienti- Master 2 de droits de l’homme et droit humani- fiques. Le CRDH assure aussi la publication taire de l’Université Paris II. Le CRDH est l’une d’une revue électronique Droits fondamentaux, des composantes du Pôle international et euro- avec le soutien de l’Agence universitaire de la péen de Paris II (PIEP), mis en place en 2004. Francophonie (AUF) : www.droits- Le CRDH, dont les activités propres prolongent fondamentaux.org, ainsi que l’animation d’un les enseignements du Master 2 droits de site internet concernant ses activités et celles l’homme et droit humanitaire, sert de support de ses institutions partenaires : www.crdh.fr. à la recherche individuelle – une quarantaine

Colloques internationaux Le CRDH a organisé dernièrement plusieurs – Les Actes du troisième colloque organisé en colloques internationaux. mai 2008, La pauvreté, un défi pour les droits – Les Actes du deuxième colloque organisé de l’homme, avec la Fondation Marangopou- conjointement avec le Centre Thucydide de los pour les droits de l’homme doivent Paris II, sous les auspices du ministère des paraître, chez Pedone au printemps 2009. affaires étrangères, L’OSCE, trente ans après – En octobre 2009 un quatrième colloque in- l’Acte de Helsinki, Sécurité coopérative et di- ternational sera organisé par le CRDH avec mension humaine, sous la direction d’Em- l’OIF et le Bureau international catholique manuel Decaux et de Serge Sur, viennent de de l’enfance (BICE), à l’occasion du 20e anni- paraître chez Pedone en 2008, coll. FMDH, versaire de la Convention internationale des no 13). droits de l’enfant.

Le 60e anniversaire de la Le CRDH est étroitement associé aux manifes- française, 2008. Il a participé à plusieurs événe- Déclaration universelle tations marquant le 60e anniversaire de la Dé- ments publics : des droits de l’homme claration universelle des droits de l’homme, avec – la soirée sur les droits de l’homme organisée notamment la publication d’un recueil préparé le 4 décembre 2008 par les Editions Pedone, par Emmanuel Decaux avec une équipe de à l’occasion de la publication de plusieurs jeunes chercheurs, Les grands textes internatio- ouvrages récents dont la thèse de Claire naux des droits de l’homme, La Documentation Callejon sur La réforme de la Commission

France 95 Human rights information bulletin, No. 75 Council of Europe

des droits de l’homme des Nations Unies (Pe- cadéro sur la Convention sur le crime de done, 2008) ; génocide, 60 ans après, avec Mario Bettati, – une table ronde organisée le 9 décembre Emmanuel Decaux, Rafaëlle Maison, 2008 avec le CERI (Sciences Po), au Tro- Jacques Semelin et William Schabas.

Parallèlement, des journées d’étude sont régu- (dir. E. Decaux) paraîtra chez Economica en Journées d’étude lièrement organisées, comme la journée d’étu- 2009. de tenue à Paris avec l’Institut en formation aux – un second volume sera consacré au Pacte in- droits de l’homme du barreau de Paris sur La ternational relatif aux droits économiques, tierce intervention devant la Cour européenne sociaux et culturels (dir. E. Decaux et O. de des droits de l’homme (dir. E. Decaux et C. Pet- Schutter). titi), à paraître en 2008 (Bruylant, coll. « Droit – Le CRDH et le Centre Thucydide pilotent et Justice »). On citera aussi La responsabilité également le projet de commentaire du des entreprises multinationales en matière de Statut de la Cour pénale internationale, lancé droits de l’homme, à paraître, Bruylant, 2009 ; par une équipe de jeunes chercheurs, à La Convention internationale pour la protection paraître en 2010 chez Pedone. de toutes les personnes contre les disparitions forcées ; à paraître, Bruylant, 2009. Les équipes du CRDH assurent une série de chroniques d’actualité, notamment la chroni- Le CRDH lance de nouveaux chantiers scienti- que annuelle de la jurisprudence de la Cour fiques, avec la publication de commentaires européenne des droits de l’homme, avec le collectifs portant sur les principaux traités in- CREDHO pour le Journal du droit international ternationaux relatifs aux droits de l’homme : (Clunet), la chronique de l’Organisation pour – un premier volume, consacré au Pacte inter- la sécurité et la coopération en Europe dans national relatif aux droits civils et politiques, l’Annuaire de droit européen.

Le CRDH fait lui-même également partie de interdisciplinaire d’éthique et des droits de Les réseaux internation- plusieurs réseaux internationaux, notamment l’homme de l’Université de Fribourg (Suisse). Il aux le Réseau des instituts francophones et centres a également activement participé au réseau de recherche des droits de l’homme, de la dé- universitaire euro-chinois sur les droits de mocratie et de la paix (RIF-DHDP) mis en place l’homme, piloté par le professeur William lors du Sommet de la francophonie à Beyrouth Schabas directeur l’Irish Centre for Human de 2002, dont il fut l’un des fondateurs. Rights de Galway, projet qui fait l’objet d’un – Dans le cadre de l’Organisation internatio- nouvel appel d’offre. nale de la francophonie (OIF), le CRDH a Enfin, dans le cadre interne, le CRDH a fondé élaboré plusieurs séries de rapports pour la un atelier juridique (law clinic), avec l’Institut Délégation à paix, à la démocratie et aux de formation aux droits de l’homme du barreau droits de l’homme, portant sur les engage- de Paris et le CREDHO (Université Paris-Sud), ments internationaux des Etats francopho- pour développer la pratique de l’amicus curiae nes en matière de droits de l’homme, en 2004, devant les juridictions et instances internatio- 2006 et 2008, et sur les instruments interna- nales, notamment la Cour européenne des tionaux en matière de sécurité humaine, en droits de l’homme. Après une première inter- 2006 et 2008. Il prépare un « guide vention dans l’affaire Bosphorus et dans l’af- pratique » de l’examen périodique univer- faire Makaratzis, l’atelier a soumis un mémoire sel, qui sera mis en ligne par l’OIF en 2009. à titre d’amicus curiae dans l’affaire Sergey Zo- – Dans le cadre de l’Agence universitaire de la lotukhin contre Russie en février 2008. Le francophonie (AUF), le CRDH a coopéré CRDH a également participé à la contribution avec l’Université de Nantes pour la concep- de la CNCDH au réseau FRALEX, mis en place tion scientifique et l’encadrement pédago- dans le cadre de l’Agence européenne des droits gique d’un diplôme d’enseignement à fondamentaux. distance des Droits fondamentaux (DUDF). A l’invitation de la direction des affaires juridi- La revue électronique Droits fondamentaux ques de l’Organisation des Nations Unies, des est également née de cette coopération. chercheurs du CRDH ont participé à la mise à Concernant les réseaux européens, le CRDH est jour de l’état de la pratique des organes des une des principales composantes du « groupe Nations Unies notamment M. Spyridon de Fribourg » sur les droits culturels, animé par Aktypis au sujet d’article 14 de la Charte. Cette le professeur Patrice Meyer-Bisch de l’Institut étude est disponible en ligne sur le site de l’Or-

96 France Council of Europe European human rights institutes

ganisation des Nations Unies et sur celui du CRDH. Le travail est poursuivi par Mlle Gesa Danneberg.

Publications En ce qui concerne la recherche individuelle, le l’homme : étude comparée en Allemagne et CRDH sert en particulier de laboratoire pour la en France, à paraître chez Bruylant, 2009 ; préparation de thèses de doctorat, très souvent publiées et honorées. Parmi les dernières – Spyridon Aktypis, La légitime défense en thèses on citera : droit international public, à paraître à la – Sébastien Touze, La protection diploma- LGDJ ; tique, Pedone, 2006 ; – Despina Sinou, L’action extérieure de l’Union – Claire Callejon, La réforme de la Commission européenne en matière de droits de l’homme, des droits de l’homme des Nations Unies, à paraître chez Pedone ; Pedone, 2008 ; – Mylène Bidault, La protection des droits cul- – Mouloud Boumghar, Une approche de la turels, à paraître chez Bruylant, 2009 ; notion de principe dans le système de la Con- – Christophe de Aranjo, Les rapports entre vention européenne des droits de l’homme, à juges de la loi dans la protection des droits de paraître chez Pedone.

Institut de droit européen des droits de l’homme

EA 3976 Université Montpellier 1,UFR Droit, 39, rue de l’Université, 34060 Montpellier Cedex 2 Tel. : 04 67 61 51 43 Courriel : [email protected] Site internet : www.idedh.fr

Le centre de recherche Créé en 1989, l’Institut de droit européen des statut d’ « Equipe d’accueil » (EA n° 3976). A ce droits de l’homme – dirigé par le professeur titre, l’IDEDH a été le laboratoire d’accueil du Frédéric Sudre – a pour objet de recherche DEA de droit communautaire et européen, créé principal les normes européennes des droits de en 1995, puis du Master II droit européen des l’homme, envisagées dans leur élaboration, droits de l’homme. Depuis 2007, l’IDEDH est leur interprétation et leur application. Pour ce l’un des trois laboratoires d’accueil du Master II faire sont mobilisés tant le droit européen et droit public général, issu du regroupement des international (Convention européenne des M2 de droit public interne et de droit européen droits de l’homme, droit communautaire, droit des droits de l’homme, et a plus précisément au international général) que le droit interne sein de ce Master la responsabilité du parcours (droit administratif, droit processuel), le droit « droit européen et international ». L’IDEDH public que le droit privé, la jurisprudence euro- regroupe 8 professeurs, 9 maîtres de conféren- péenne comme la jurisprudence interne, les ces et 33 doctorants. Depuis sa création, 29 doc- théories de l’interprétation comme l’analyse du teurs en droit ont préparé et soutenu leur thèse droit positif ... au sein du laboratoire, 13 d’entre eux ont em- Reconnu par le Ministère comme « jeune brassé la carrière universitaire (maître de équipe » dés 1991, l’IDEDH a, depuis 1995, le conférences, professeur agrégé).

Le projet de recherche Posant, dés sa création en 1989, l’hypothèse de des méthodes d’interprétation du juge théorique de la formation d’une norme euro- européen. Il s’agit, fondamentalement, de s’in- péenne commune en matière de droits de terroger sur le « sens » de la norme européen- l’homme, trouvant son origine principale dans ne, issue de l’interprétation de la Convention une élaboration prétorienne – la Convention européenne que livre le juge. européenne des droits de l’homme telle qu’elle Les travaux déjà menés par l’IDEDH en la ma- est interprétée et appliquée par le juge euro- tière (cf. publications) conduisent à placer péen – et produisant un effet d’harmonisation aujourd’hui au cœur de la recherche la ques- des droits internes, l’IDEDH construit son tion des contraintes pesant sur l’interprète et projet de recherche sur les normes européen- de la cohérence des méthodes d’interprétation nes des droits de l’homme en privilégiant l’étu- qu’il mobilise (interprétation évolutive,

France 97 Human rights information bulletin, No. 75 Council of Europe consensuelle, autonome, finaliste). Comment nationales de la jurisprudence européenne le juge européen entend-il sa fonction : gardien comme – en retour – de l’influence du droit des valeurs fondatrices de la Convention ou européen des droits de l’homme sur le droit in- vecteur de son adaptation au changement ternational général, l’étude de l’appropriation social ? Le projet de l’IDEDH est de vérifier par le juge communautaire de la jurisprudence l’hypothèse d’un juge déchiré entre l’idéologie européenne et de la formation d’un droit com- de l’hypertrophie des droits subjectifs et sa munautaire propre des droits fondamentaux, mission de conservateur du bien commun, l’examen de la réception des normes européen- entre interprétation évolutive (le juge s’efforce nes en droit interne et de la recomposition du surtout d’enregistrer les changements sociaux) champ juridique qu’elle emporte (diffusion et interprétation axiologique (les droits d’un modèle européen du procès équitable, conventionnels exprimant un ordre objectif de « dialogue des juges ») sont alors autant de valeurs). On le voit, une telle interrogation voies qu’emprunte l’IDEDH pour mener sa re- concerne la cohérence et la signification des cherche. solutions retenues par le juge de Strasbourg et L’IDEDH valide les hypothèses théoriques renvoie, plus généralement, à la posture que énoncées par une recherche « appliquée », qui doit avoir le juge des droits et libertés. conduit – dans le cadre de colloques réguliers, La connaissance de la norme européenne et de auxquels participent universitaires et prati- son mode d’élaboration implique une démar- ciens, français et étrangers – à une exploration che comparatiste qui invite à dépasser les cliva- systématique du « sens » des droits garantis ges traditionnels – droit public/droit privé, dans l’ordre conventionnel (droit au respect de droit interne/droit international. En effet, l’im- la vie privée, droit au respect de la vie familiale, brication des sources, l’hybridation des liberté de religion, droit à la non- normes, caractérisent le processus de discrimination) et à sa confrontation avec les « fabrication » de la norme protectrice des ordres juridiques interne, communautaire, in- droits de l’homme. L’analyse des sources inter- ternational.

Ouvrages – Laïcité, liberté de religion et Convention Publications recentes de l’IDEDH – F. Sudre et C. Picheral (dir.), La diffusion du européenne des droits de l’homme (dir. G. modèle européen de procès équitable, La Do- Gonzalez), Némésis-Bruylant, coll. Droit et o cumentation française, Coll. « Perspectives justice, n 67, 2006, 266 p. sur la justice », 2003, 353 p. – Le droit à la non discrimination au sens de la – F. Sudre (dir.), R. Tinière, Droit communau- Convention européenne des droits de taire des droits fondamentaux. Recueil de dé- l’homme (dir. F. Sudre et H. Surrel), cisions de la Cour de justice des Némésis-Bruylant, coll. Droit et justice, Communautés européennes, Némésis-Bruy- 2008. lant, coll. Droit et justice, 2e éd. 2007, no 75, 337 p. Les cahiers de L’IDEDH

o Colloques – Cahier n 8, Les garanties du procès équitable – Réalité et perspectives du droit communau- hors les juridictions ordinaires (dir. F. Sudre taire des droits fondamentaux, (dir. F. Sudre et C. Picheral), 2001, 355 p. et H. Labayle), Némésis-Bruylant, coll. Droit – Cahier no 9, Espace de liberté, sécurité, o et justice (n 27), 2000, 530 p. justice et Convention européenne des droits – Le droit au respect de la vie familiale au sens de l’homme (dir. C. Picheral), 2003, 369 p. de la Convention européenne des droits de – Cahier no 10, Le renforcement du rôle de Cour l’homme, (dir. F. Sudre), Némésis-Bruylant, suprême de la Cour de justice des communau- coll. Droit et justice, no 38, 2002, 410 p. tés européennes et l’encadrement – Le ministère public et les exigences du procès « substantiel » du juge national (dir. C. équitable, (dir. I. Pingel et F. Sudre), Némé- Maubernard), 2006, 401 p. sis-Bruylant, coll. « Droit et justice » no 44, o 2003, 267 p. – Cahier n 11, Le dialogue des juges (dir. F. Sudre), 2001, 480 p. – Le droit au respect de la vie privée au sens de la Convention européenne des droits de – Les sources internationales dans la jurispru- l’homme (dir. F. Sudre), Némésis-Bruylant, dence de la Cour européenne des droits de coll. Droit et justice, no 63, 2005, 336 p. l’homme (dir. G. Gonzalez).

98 France Council of Europe European human rights institutes

– Cahier no 12, Les standards du droit commu- C. Picheral et H. Surrel), Revue trimestrielle des nautaire des étrangers (dir. C. Picheral) droits de l’homme (depuis 1998). 2008, 353 p. Chronique de jurisprudence de la Cour euro- péenne des droits de l’homme (dir. F. Sudre), Chroniques Revue de droit public (depuis 1999). Droit communautaire des droits fondamen- Chronique de jurisprudence de la Cour euro- taux. Chronique de la jurisprudence de la Cour péenne des droits de l’homme, Annuaire de de justice des Communautés européennes (dir. Droit européen, Bruylant (depuis 2003).

Institut de formation en droits de l’homme du barreau de Paris

57 Avenue Bugeaud – 75116 Paris Tel. : 01 55.73.30.70 Fax : 01 45.05.21.54 Courriel : [email protected]

L’Institut des Droits de l’Homme du Barreau de ristes non avocats. L’Institut organise des ses- Paris, créé en 1978, a pour activité principale la sions de formation avec le concours des Ecoles formation des avocats français et étrangers au de formation des Barreaux, et des conférences droit international des droits de l’Homme. Les et séminaires avec d’autres associations et uni- formations sont également accessibles à des ju- versités.

Conferences et colloques L’Institut a organisé avec le CREDHO Universi- L’Institut a organisé avec l’Institut des droits de té Paris XI un colloque sur les arrêts de la Cour l’homme des avocats européens un colloque européenne des droits de l’homme concernant la sur la Charte des droits fondamentaux au mois France en 2007, à Paris, en janvier 2008. Les de mai 2008 à Luxembourg. Les actes du collo- actes de ce colloque seront publiés aux Editions que seront publiés aux Editions Bruylant en Bruylant en 2009. 2009.

Formation (premiers pro- • La Déclaration universelle des droits de • L’agence des droits fondamentaux : Lieu : jets) l’homme : histoire et portée : Lieu : Maison Maison du Barreau. Date projetée mars du Barreau 3 février 2009, 18h30. 2009, 18h30. • La procédure devant la Cour européenne des droits de l’homme, Lieu : Maison du Barreau. Date projetée : mai 2009.

Activités avec l’université L’Institut poursuit ses activités avec le groupe européenne dans l’affaire Zolotukhin c. Russie, de réflexion et d’intervention « law clinic », n° 14939/03. créé avec le CRDH de l’Université Paris II et le L’Institut participe à la formation du master CREDHO de l’Université Paris XI-Sceaux. Une contentieux européen de l’Université Paris II, tierce intervention a été faite devant la Cour sur la Convention européenne des droits de l’homme, et le droit des étrangers.

Remise du prix Ludovic L’Institut organisera la remise du 14e prix inter- européens, avec l’Institut des droits de Trarieux national des droits de l’homme Ludovic Tra- l’homme du Barreau de Bordeaux, l’Unione rieux, au mois d’octobre 2009. Ce prix remis à Forense Per la Tutela Del Diritti dell’uomo un avocat, est décerné avec le concours de (Rome), et de l’Institut des droits de l’homme l’Institut des droits de l’homme des avocats du Barreau de Bruxelles.

Publications Colloque organisé avec l’Institut des droits de la famille, Editions Bruylant, Collection Droit et l’homme du Barreau de Bruxelles sur le droit de justice n° 78.

France 99 Human rights information bulletin, No. 75 Council of Europe

Germany/Allemagne

MenschenRechtsZentrum

Université de Potsdam. August-Bebel-Straße 89, D-14482 Potsdam Tel. : +49 (331) 977 34 50 Fax : +49 (331) 977 34 51 Courriel : [email protected] Site Internet : http://www.uni-potsdam.de/u/mrz

En Allemand: – Droits de l’homme et démocratie – sur la re- Publications connaissance des droits universels (Mens- – Eckart Klein/Christoph Menke (Ed.) : Droits chenrechte und Demokratie – Zur politischen de l’homme: Universalité – Mécanismes de Anerkennung universaler Ansprüche) protection – Interdictions de discrimination. 15 ans de Conférence mondiale de – Protection régionale des droits de l’homme Vienne sur les droits de l’homme, 2008. en Asie (Regionaler Menschenrechtsschutz (Menschenrechte: Universalität – Schutzme- in Asien) chanismen – Diskriminierungsverbote 15 – Rapport sur les séances du Conseil des Jahre Wiener Weltmenschenrechtskonfer- droits de l’homme 2006/2007 enz) no 1/2008 – Christoph Menke (Ed.) : Le droit de liberté, – Liberté d’opinion et la protection de l’âme modèles de liberté et de justice dans la mo- selon le Pacte international relatif aux droits dernité – une reconnaissance, Bd. 31 (en ti- civils et politiques (Meinungsfreiheit und rage). (Das Recht auf Freiheit, Freiheits- und Ehrenschutz nach dem Internationalen Pakt Gerechtigkeitsmodelle der Moderne – Aner- über bürgerliche und politische Rechte) kennung) – La liberté d’opinion et d’expression et la pro- – Christoph Menke (Ed.) : L’intégrité du tection de l’âme selon la Convention Euro- corps. Histoire et théorie d’un droit de péenne des droits de l’homme l’homme fondamentale, Frankfurt am Main (Meinungsäußerungsfreiheit und Ehrens- 2007. (Die Unversehrtheit des Körpers. Ges- chutz nach der Europäischen Menschen- chichte und Theorie eines elementaren Mens- rechtskonvention) chenrechts) – Transcendance culturelle et éléments culturo-critiques de la dignité humaine MenschenRechtsMagazin (en Allemand) (Kulturtranszendenz und kulturkritische Ele- mente der Menschenwürde) no 3/2007 – Rapport sur le travail du comité des droits – Vue d’ensemble du travail des organes de de l’homme des Nations Unies en 2007 – surveillance des traités des Nations-Unies Partie I en 2007 (Überblick über die Arbeit der UN- – Bilan du projet : 15 ans après la conférence Vertragsüberwachungsorgane im Jahr 2007) mondiale sur les droits de l’homme à – Soldats d’enfants sous la perspective du Vienne 1993 – un bilan (Projektbilanz : Fün- droit international – Partie II (Kindersolda- fzehn Jahre nach der Weltkonferenz über ten aus völkerrechtlicher Perspektive – Teil II) Menschenrechte in Wien 1993 – eine Bilanz)

– 25-27 juillet 2007, Potsdam : conférence in- – 13 novembre 2008 : Jour d’étude des NU: Conférences / Colloques ternationale: The Protection of Human Tous les êtres humains et les nations Rights by the United Nations Charter Bodies, forment une seule famille d’humanité d’une Conférence internationale (en anglais) en riche diversité. Sur l’état du combat du ra- collaboration avec l’Hebrew University of Je- cisme, de la discrimination raciale, la xéno- rusalem et la National University of Ireland. phobie et y liée l’intolérance à l’avance de la – 28 juin 2008, Potsdam ONU – conférence Durban Review Conference 2009. (Alle (en collaboration avec le cercle de recherche Menschen und Völker bilden eine einzige NU). Menscheitsfamilie von reicher Vielfalt. Zum Stand der Bekämpfung von Rassismus, Ras- sendiskriminierung, Fremdenfeindlichkeit

100 Germany/Allemagne Council of Europe European human rights institutes

und damit zusammenhängender Intoleranz im Vorfeld der Durban Review Conference 2009).

Greece/Grèce

Marangopoulos Foundation for Human Rights (MFHR)

Consultative Status with the Council of Europe, the UN [ECOSOC (special), DPI] and UNESCO

Lycavittou Str. Athens, GR 10672 Tel.: (+30) 210 3637455 & 3613527 Fax: (+30) 210 3622454 E-mail: [email protected] Website: www.mfhr.gr

The Marangopoulos Foundation for Human rights. Last but not least, it offers free legal aid Rights (MFHR) is a non-profit legal entity to persons whose fundamental rights have al- under Greek law, established on 22 December legedly been violated. 1977. Its basic aims and objectives are the research, study, protection and promotion of fun- MFHR contribution to human rights damental human rights and freedoms. Within issues at national level this framework, the MFHR takes a particular The MFHR has been a member of the Greek interest in the advancement of human rights National Commission for Human Rights education and training and the raising of (GNCHR) since its creation, in January 2000. public awareness in all matters affecting As they have done repeatedly in the past, the human rights, peace and the development of representatives of MFHR to the GNCHR, Pro- democratic institutions. To this end, it employs fessor A. Yotopoulos-Marangopoulos and Pro- a wide range of appropriate means – theoretical fessor L.-A. Sicilianos, Director, have submitted and practical, judicial and extra-judicial – comments on various legislative bills, includ- namely the organisation of courses, lectures, ing comments during the preparation of Law seminars and conferences, the granting of 3719/2008 “Reforms for the Family, the Child scholarships and financial support, the and the Society”. During the negotiations for conduct of research in human rights fields and the above-mentioned Law adoption, the Presi- the issue of protests. It also makes proposals for dent of MFHR was invited to present its the effective treatment of problems related to opinion concerning this Law before the Greek civil, political, economic, social and cultural Parliament.

Education The MFHR has sponsored the “Marangopoulos lowed by these scholarships to the post- Chair” at the International Institute for Human graduate Greek students who have submitted Rights, in Strasbourg, for the last 18 years, des- the best essay concerning two subjects desig- ignating the speaker and funding the participa- nated by the MFHR. tion of two distinguished post-graduate The MFHR organises the yearly model UN in students in the Annual teaching session of the Athens, in which hundreds of high school stu- International Institute of Human Rights. Since dents participate. This year the event will take 2007 the MFHR has awarded two prizes fol- place from 27 to 29 March 2009.

Conferences – Conference on Anti-terrorist measures and – Event for the nomination of scholarship human rights organised in Athens by the prizes by MFHR (22 May 2008). Parliamentary Assembly of the Council of – International Conference entitled La pau- Europe and MFHR (28 March 2008). This vreté, un défi pour les droits de l’homme event was considered “the event of the year (“Poverty, a challenge for human rights”) or- in Athens” and concentrated on the CIA’s ganised in Paris by the Research Center for illegal transfers and secret detentions. The Human Rights (RCHR) of Panthéon-Assas keynote speakers were Dick Marty and University (Paris II) and the MFHR (16-17 Gavin Simpson. May 2008).

Greece/Grèce 101 Human rights information bulletin, No. 75 Council of Europe

– Follow-up conference organised in Kozani Association of Cancer Patients of Ptolema- by the Energy Union for Workers’ Solidarity ida (1 November 2008). This conference was and the MFHR (18 June 2008). Its purpose also concentrated on the collective com- was to examine the measures taken by the plaint (No. 30/2005) lodged by the MFHR government for the implementation of the against Greece. decision taken by the European Committee – Conference on The 60th Anniversary of the of Social Rights after the collective com- United Nations Convention on the Preven- plaint (No. 30/2005) lodged by the MFHR tion and Punishment of the Crime of Geno- against Greece. cide organised in Athens by the MFHR and – Event for solidarity and support to Cuba for the Hellenic Brunch of International Law lifting the economic embargo – Release of Association (12-13 November 2008). five Cuban fighters kept in USA prisons, or- – Conference on The Sixty years of the Univer- ganised in Athens (Bar Association) by the sal Declaration of Human Rights – Chal- MFHR, the Cuban Embassy and others lenges for the future organised in Athens, by (3 Novermber 2008). the MFHR and the Hellenic Society of Inter- – Conference on Environment and Health, or- national Law and International Relations ganised in Ptolemaida by the MFHR and the (18-19 December 2008).

The MFHR published four books in 2008 (the topoulos-Marangopoulos and L.-A. Sicili- Publications total number of its publications is 61): anos, Nomiki Vivliothiki Publishers, – Actes des Conférences Aquinas, La Citoyen- Athens, 2008, 543 pp. [in Greek]; neté et le Système de Contrôle Pénal, Direc- – L’OSCE trente ans après l’acte final d’Hel- tion: J. Hurtado Pozo, Université Fribourg sinki, Direction E. Decaux – S. Sur, Série (CH) – Centre international de criminologie FMDH No. 12, A. Pedone Publications, Paris, comparée (CICC – Université de Montréal) 2008, 234 pp. [in French]; & FMDH ; Fribourg, 2008, 124 pp. [in – Weber A., Les mécanismes de contrôle non French]; contentieux du respect des droits de l’homme, – The protection of the environment: the Série FMDH No. 13, A. Pedone Publications, actual and legal situation, Direction: A. Yo- Paris, 2008, 411 pp. [in French].

The MFHR offers pro bono legal assistance, ju- ers, who have the free legal support of the Legal Assistance dicial and extra-judicial, to several vulnerable Foundation’s lawyer. persons, particularly refugees and asylum seek-

The MFHR has the biggest human rights publications and activities, the most up-to- Library library in Greece, which is open to the public. date database on human rights issues in Its website contains, apart from all of its own Greece.

In 2008 the Group made several statements (www.mfhr.gr)] was published. During the Youth group and issued resolutions on current human rights summer more than 20 members undertook an matters. The e-Yearbook Tribune for Human on the spot research project on the question of Rights No. 2 [November 2008, pp. 140 fires in Greece.

Italy/Italie

International Institute of Humanitarian Law

Villa Ormond – C.so Cavallotti 113, 18038 Sanremo (IM) Tel.: +39 018 45 41 848 Fax: +39 018 45 41 600 E-mail: [email protected] Website: www.iihl.org

The International Institute of Humanitarian opment, application, and dissemination of Law is an independent and non-profit organi- international humanitarian law in all its di- sation, whose objective is to promote the devel- mensions. This contributes to the safeguarding

102 Italy/Italie Council of Europe European human rights institutes

and respect of human rights and fundamental freedoms throughout the world.

Publications The Institute has published a report of its 2006 areas of international humanitarian law. The activities, which is available on its website (in most recent such manual is the Manual on the English). It also publishes records of the pro- Law of Non-International Armed Conflict, pub- ceedings of its round tables, periodic informa- lished in March 2006. tion bulletins, and manuals on substantive

Training programmes The 2009 programme of courses at the Institute – Course on international migration law (in includes: English), from 28 September to 2 October 2009, in Sanremo. – Courses on international humanitarian law for military personnel (in English, French, – Specialised courses on the law of armed con- and Spanish. These courses will be conflict (in English and French), from 5 to ducted from 9 to 20 March (English), 16 October 2009, in Sanremo. 20 April to 1 May (French), from 11 to 22 May – Courses for planners and executors of naval (English, with Arabic classes), from 14 to and air operations (in English), from 30 No- 25 May (Spanish), and from 9 to 20 Novem- vember to 4 December 2009, in Sanremo. ber (English), in Sanremo. – Course for Directors of training pro- – Courses on refugee law (in English, French grammes in the law of armed conflict (in and Spanish). These courses will be con- English and French), from 7 to 11 December ducted from 24 to 28 March (French), from 2009, in Sanremo. 5 to 9 May (English), from 3 to 7 November (Spanish), and from 24 to 28 November (English), in Sanremo.

– Course on international human rights and humanitarian law in peace operations (in English), from 25 to 29 May 2009, in San- remo.

– Summer course on international humanitarian law (in English), from 29 June to 11 July 2009, in Sanremo and Geneva.

Internship programme The Institute offers a variety of internship pro- manitarian law. More details are available on grammes for researchers and students with an the website. interest and background in international hu-

Interdepartmental Centre on Human Rights and the Rights of Peoples

(Centro interdipartimentale di ricerca e servizi sui diritti della persona e dei popoli)

University of Padua, Via Martiri della Libertà, 2, I-35137 Padova Tel.: +39 049 827 1813 / 1817 Fax: +39 049 827 1816 E-mail: [email protected] Web site: www.centrodirittiumani.unipd.it Director: Prof. Antonio Papisca E-mail: [email protected]

Presentation The Interdepartmental Centre on Human The original vocation of the Interdepartmental Rights and the Rights of Peoples, established in Centre is that of “docere (teaching) for educat- 1982, is the University of Padua’s structure ing and training” and of “making research” pri- devoted to carrying out educational, forma- marily aimed at educating, in the framework of tional and research activities in the field of a continuing interaction with vital realities human rights. such as civil society organisations, schools,

Italy/Italie 103 Human rights information bulletin, No. 75 Council of Europe local and regional authorities, and international institutions.

The Centre carry out the following activities: – Peace Human Rights Archive Database Activities – Academic programmes – Courses for Teachers on active citizenship, – UNESCO Chair on Human Rights, Democ- human rights, peace, intercultural dialogue, racy and Peace with the support and cooperation of the – Research on relevant topics referring to Ministry of Education and the Region of human rights and peace, human security, Veneto human development, international democracy, national institutions for human rights, – The Library “Piergiorgio Cancellieri” intercultural dialogue – Conferences/Events/Seminars – Special Agreements/Contracts with national and international institutions – Publications

The Centre is currently involved in the organi- mocratisation, based in Venice, being its co- Academic programmes sation and management of the following ordinator and supervisor until 2003. Nowadays degree courses at the Faculty of Political Sci- it actively participates together with 41 other ences, University of Padua: European universities. In the E.MA context the – Degree Course on Political Sciences, In- Centre has promoted the establishment in 2003 ternational Relations, and Human of the “European Joint Degree in Human Rights Rights (three years). Specific teachings: In- and Democratisation”, an integrated academic ternational Relations, International Law, In- diploma in the framework of the “Bologna ternational Organisation, European Union Process”, and the foundation of the “European Political System, Comparative Constitu- Inter-University Centre for Human Rights and tional Law and Human Rights, Human Democratisation”, EIUC, based in Venice (an Rights Sociology, Human Rights Philosophy, association of the E.MA universities, with legal International Protection of Human Rights, personality). In 2007 the Centre assured its par- Criminal and Humanitarian International ticipation in the E.MA, also in the capacity of Law, and Gender Politics and Human Rights. first enrolment university for the European – Master Degree Course (“Laurea magist- Joint Degree. So far, 800 students coming from rale”) on Institutions and Politics of more than 50 countries of several continents Human Rights and Peace (two years). have been awarded European Masters in Specific teachings: History of Human Human Rights and Democratisation. Rights Ideas, International Organisation of Deadline for the academic year 2009-2010: Human Rights and Peace, Human Rights 20 March 2009. For information: www.ema- and International Case-law, National humanrights.org. Human Rights Institutions, Bioethics, Sci- Post-graduated Courses on Human Rights ences for Peace, Economic and Social and the Rights of Peoples Rights, Human Rights and International The Interdepartmental Centre has carried out Justice, International Politics of Education, 20 annual post-graduate courses on Human Human Rights and Vulnerable Groups, Chil- Rights and the Rights of Peoples. The 21st post- dren’s Rights and Politics, Human Rights graduate course on Human Rights and the Monitoring, Electoral Observation, Peace- Rights of Peoples is on Economic social and cul- Keeping, Humanitarian Aid, and Demo- tural rights and vulnerable groups protection, cratic Institution Building. 2008/2009. An additional complementary In 1997 the Centre promoted the European training course will be on Fundamentals for the Master’s Degree in Human Rights and De- study of the Arab-Muslim civilisation.

The Chair, established in 1999, works in close former Director of the European Master Degree UNESCO Chair in human co-operation with the Human Rights Interde- in Human Rights and Democratisation. The rights, democracy and peace partmental Centre. Many activities are carried Chair and the Interdepartmental Centre co- out in the form of joint ventures between the operate actively with NGOs and movements two institutions. The Chairman is Antonio Pa- connected with the “Tavola della Pace” (Peace pisca, professor of International Relations and Table) and the association “Italian Local Au- International Protection of Human Rights, thorities for Peace and Human Rights”, a

104 Italy/Italie Council of Europe European human rights institutes

network gathering 700 local government insti- years) and of the related historical Peace March tutions (municipalities, provinces, regions), in Perugia-Assisi. This year the Chair participated particular by provinding scientific advice to in the 1st Conference on City Diplomacy (The prepare the “UN Peoples Assembly” (every two Hague, 11-13 June 2008).

Research In 2007 the Interdepartmental Centre started a Rights at Jordan University. The opening cere- research project with the University of Pavia mony, with the participation of Queen Rania of and Jordan University in Amman entitled “To- Jordan, took place in Amman on 10 December, wards an integrated perspective of human 2007. Other seminars and conferences on the rights and human development”. The reserach topic have also been carried out in 2008. is envisaged to foster the organisation of an MA on Human Rights and Human Development at In 2008 the Centre completed a research Jordan University, with courses also taking project for the Equal Opportunities Depart- place at the Universities of Padua and Pavia. ment of the Italian Council of Ministers on the The research will also contribute to the estab- status of ombuds-institutions in Italy, mapping lishment of a Research and Higher Education statutes of provinces, regions and of municipal- Centre on Human Development and Human ities with more than 5 000 inhabitants.

Special agreements/con- The Centre on Human Rights has continued to Joint Programme consists of a work pro- tracts co-operate, on the basis of formal agreements gramme to be implemented by the Office of and memoranda, with different bodies of the the Commissioner for Human Rights in 2008 Region of Veneto: and 2009 in co-operation with the Human • Regional Ombudsperson; Rights Centre of the University of Padua, Italy • Regional Children’s Ombudsperson; and the St Petersburg Humanitarian and Polit- • Regional Department on Human Rights, ical Science “Strategy” Centre in St. Petersburg, Peace and Development Co-operation, to Russian Federation. The main tool of the pro- support their respective policies in the field gramme is the organisation of workshops for of human rights, peace, international soli- specialised staff members of the National darity, intercultural dialogue, and equal op- Human Rights Structures (NHRS), in order to portunity. convey select information on the legal norms In January 2008 the Centre signed an Adminis- governing priority areas of NHRS action and to trative Arrangement with the Office of the proceed to a peer review of relevant practices High Commissioner for Human Rights of the used or envisaged throughout Europe. In 2008 Council of Europe in the framework of a Joint three training workshops for NHRS were or- European Union/Council of Europe Pro- ganised in Padua (see below under “Confer- gramme called “Peer-to-Peer Project”. This ences and Seminars”).

Peace Human Rights Ar- The Peace Human Rights Archives is one of the Human Rights at School database chives database most relevant Italian databases that promote A collection of documents and updated mate- and disseminate a civic-political culture based rial on children’s rights in the context of school, on the paradigm of internationally recognised in particular didactic projects. human rights. It has functioned since 1989 on the basis of a formal agreement with the International Instruments database Region of Veneto in accordance with Regional Bill on human rights, peace and international The database aims at providing information on co-operation. relevant international legal instruments on human rights, criminal and humanitarian law, NGOs database and developmental co-operation, and is also In the framework of the Peace Human Rights available in Italian. Instruments of “soft law” Archive, the Centre updates a comprehensive are also included. NGOs database, collecting the data, contacts, The Peace Human Rights Archives contain spe- and activities of any NGO in the Veneto Region cific websites devoted to the functioning of the dealing with human rights, co-operation and Ombudsman of the Region of Veneto and to human development. All records can be con- the Regional Ombudsperson for Children’s sulted on the Centre’s website. Rights.

Courses for teachers Since 1986 the Centre has organised courses on for Secondary School Teachers in co-operation human rights, peace and intercultural dialogue with the Regional Directorate of the Italian

Italy/Italie 105 Human rights information bulletin, No. 75 Council of Europe

Ministry of Education and the Region of in order to create a group of experts in civic ed- Veneto. This year the Centre will carry out a ucation, human rights, citizenship and consti- special Higher Education Course for teachers tution, 2008/2009.

This provides more than 6 000 volumes, na- pean Master Degree in Human Rights and De- Library “Piergiorgio Can- tional and international scientific reviews, rel- mocratisation, E.MA, Monastery of San Nicolò cellieri” evant material of international organisations, in Venice-The Lido. Through the Padua Library, both governmental and non-governmental. access is made possibile to other pertinent da- The Library is linked to the Library of the Euro- tabases and online reviews.

In 2008 the Centre organised the following the human rights of irregular migrants: the Conferences and semi- seminars and conferences: role of national human rights structures, nars Padua, 17–19 June 2008 International Day of Human Rights. – 1st Workshop for specialised staff of na- Convegno tional human rights structures, Rights of – "Tutti gli esseri umani nascono liberi ed persons deprived of their liberty: the role of eguali in dignità e diritti. Promuovere e real- national human rights structures which are izzare i diritti umani impegno permanente." OPCAT mechanisms and of those which are Palazzo del Bo, Aula Magna Galileo Galilei, not, Padua, 9–10 April 2008 10 December 2008 Three Religions Chair Joint European Union – Council of Europe Programme. “Setting up an active – Seminar on The Law of God and the Law of network of independent non-judicial Men in the three big monotheist religions, human rights structures”. Padua, May 2008 – 3rd Workshop for specialised staff of na- – Seminar on The mask of the Other: Ethics tional human rights structures. The promo- and intercultural dialogue in the complex civ- tion and protection by national human rights ilisation, Padua, 21 May 2008 structures of freedom of expression and in- – European Year of Intercultural Dialogue formation, Padua, 21-23 October 2008 with the participation of the President of – 2nd Workshop for specialised staff of na- the Committee of the Regions of the Euro- tional human rights structures, Protecting pean Union, Padua , 11 March 2008

– The Quarterly Pace diritti umani/Peace plement to the Quarterly Pace diritti umani/ Publications human rights. IEdited by the Interdepart- Peace human rights, with around 4 000 mental Centre on Human Rights and copies distributed all over Italy. It is also printed by Marsilio Editore, Venice (essays published as an electronic version on the in Italian and in English). This is a strongly web: www.centrodirittiumani.unipd.it/. policy-orientated publication and is ad- Each issue is devoted to a specific topic. dressed to university establishments, civil – The Interdepartmental Centre continues society organisations, and national and the publication of Quaderni (volumes), Tas- local government institutions. Three issues cabili (pocket books), and CD ROM. The were edited in 2008. most recent publication is: Tascabile n. 6, – The Bulletin Peace Human Rights Archive. Codice internazionale dei diritti umani This has been published since 1991 as a sup- (Human Rights International Code), 2008.

Poland/Pologne

Poznań Human Rights Centre Institute of Legal Studies of the Polish Academy of Sciences

Ul. Mielynskiego 27/29, 61-725 Poznań Tel. and fax: +48 61 8 520 260 E-mail: [email protected] Website: http://www.phrc.pl/ Poznań Human Rights Centre was founded in the framework of the Institute of Legal Studies 1973. It is a research institution working within of the Polish Academy of Sciences. The Centre

106 Poland/Pologne Council of Europe European human rights institutes

was created with a view to conducting research nised rights, in particular the application of in- and training experts as well as to promote ternational standards within the national legal knowledge in the field of human rights. Cur- order. The Centre is headed by Professor rently, one of its objectives is focus on the com- Roman Wieruszewski and currently employs bined protection offered by national five research staff members. constitutional rights and internationally recog-

Course on International The 17th Course on International Protection of The main objective of the Course was to Protection of Human Human Rights took place from 1 to 10 Septem- enhance the participants’ knowledge and un- Rights ber 2008. It was organised by Poznań Human derstanding of the existing standards and insti- Rights Centre and Adam Mickiewicz Univer- tutional aspects of the protection of human sity, Faculty of Law and Administration with fi- rights at the international level. This year’s nancial support of the OSCE Office for edition focused additionally on issues related Democratic Institutions and Human Rights . to the rights of national minorities. The Course was offered particularly to NGO activists, young researches, lawyers and students from all over the world with the special focus on former Soviet Union and former Yugoslavia area. The number of participants was limited to 25. The Course consisted of 60 hours of lectures and case studies given in English. The lectures were held by eminent professors and experts in the field of human rights and international law. The case studies involved discussions on decisions of the European Court of Human Rights Course participants and the UN treaty bodies. The next course takes place in September 2009 and will be advertised on the Centre’s website.

Conference on “Sexual The conference took place on 27th October Orientation and Sex Iden- 2008 and was organised by Poznań Human tity – Legal Issues and Challenges” Rights Centre and Human Rights Chair, Faculty of Law and Administration of the Warsaw Uni- versity. Its objective was to discuss the main problems faced by LGBT individuals within the scope of various domains of law. The speakers were Polish scholars and NGO activists. The conference is to be proceeded by publication of the book containing conference papers and Polish translation of Yogyakarta Principles – the reconstruction of international standards of human rights with reference to the sexual Conference on “Sexual Orientation and Sex Identity – Legal Issues and Challenges”

International co- The Poznań Human Rights Centre has worked The Centre is a member of the following inter- operation to establish contacts with a number of institu- national educational and scientific networks: tions in Poland and abroad, including the – European Inter-University Centre for Human Rights Directorate of the Council of Human Rights & Democratisation (EIUC) in Europe in Strasbourg, the Office of United co-operation with Adam Mickiewicz Uni- Nations High Commissioner for Human Rights versity in Poznań; in Geneva, the Institute of Human Rights in Abo Akademii University of Turku (Finland), – European Master’s Degree in Human Rights the Netherlands Institute of Human Rights and Democratisation (EMA) – in co- (SIM) in Utrecht, The Raoul Wallenberg Insti- operation with Adam Mickiewicz University tute of Human Rights and Humanitarian Law in Poznań; in Lund (Sweden). – Association of Human Rights Institutes (AHRI);

Poland/Pologne 107 Human rights information bulletin, No. 75 Council of Europe

– EU-China Human Rights Network.

Poznań Human Rights Centre has established constitutional law, but also concerning family Library its own library and documentation centre. The law and rights of child. Apart from the collec- library collection consists of 3 000 volumes, tion of books, the library has a selection of pe- mainly from the domain of human rights and riodicals and a variety of domestic documents.

Portugal

Ius Gentium Conimbrigae (Institute of International Law and Co-operation with Portuguese-speaking states and communities) / Human Rights Centre

Faculty of Law, University of Coimbra, 3004-545 Coimbra Tel.: +351 239824478 Fax: +351 239823353 E-mail: [email protected] Website: http://www.fd.uc.pt/hrc/ The Ius Gentium Conimbrigae (ICG), founded Human Rights issues. Therefore, partnership in 1995, is an institute working under the work is favoured and foreign lecturers, re- Faculty of Law of the University of Coimbra, searchers and experts are often invited to the which focuses on the study of current interna- Centre. In parallel, its lecturers and researchers tional issues, in general, and that of the Portu- take part in several international events. guese-speaking community, in particular, from Besides research activities, the Centre is also a multidisciplinary perspective yet based on a active in education, training and in the organi- legal scope. sation of conferences, seminars, summer The Human Rights Centre of the IGC, founded courses and, in particular, the post-graduate in 2000, is a research, education, training and course. international exchange centre, focused on

The post-graduate course in Human Rights, The post-graduate course which began in 1999, works concurrently as in Human Rights part of the European Master’s Degree in Human Rights and Democratisation, established in Venice and organised by a consortium of 41 EU Universities, and as an independent post-graduate course, which is open to other interested ones. Partly delivered in English, the course is multidisciplinary in nature, with a broad scope. During the current academic year (2008-2009), the 11th post-graduate course will take place from January to June 2009. The course is divided in two main parts. The first, vulnerable groups, such as migrants, children, which is taught in Portuguese, includes an in- detainees or persons with disabilities. The troduction to the international human rights’ second part, in English, encompasses four spe- system and its protection mechanisms, and a cialised modules under the following topics: general approach to personal rights and public rights of political participation, gendered freedoms as well as economic, social and cul- human rights, armed conflicts, peace processes tural rights. Emphasis is also placed upon fur- and law, and bioethics. thering issues related to the protection of

Summer Courses, which are in English, offer a July, for one week, and each year it focuses on a Summer Courses great opportunity for cultural exchange, as we separate topic within the Human Rights inter- have an extremely diverse selection of students, national agenda. In recent years, the topics hailing from countries spanning the globe and have been Fighting Terrorism within Human we usually operate with the collaboration of a Rights Law (2008); Economic, Social and Cul- variety of professors. The course takes place in tural Rights in an Age of Globalisation (2007);

108 Portugal Council of Europe European human rights institutes

The European Court of Human Rights (2006); Religion and International Law: past and present (2005).

Autumn Conference We have created an annual cycle of seminars Having identified the need to compile all texts and conferences entitled the “Autumn Confer- related to human rights issues, the CDH keeps ence”, which was first held in 2001. Each year, an Online Portuguese Human Rights Encyclo- the topic of the Conference is devoted to a dif- paedia. ferent theme, reflecting a specific issue on the All of our activities are intended to be a space international Human Rights agenda. for the exchange of ideas and a reflection of the The Centre provides training sessions, upon re- national and international environment associ- quest, in schools, armed forces, professional as- ated with human rights. To further achieve this sociations, and other institutions, and it goal, we organise special events and we contin- publishes books and articles written within our ually seek partnership and co-operation with teaching and researching activities. other complimentary entities.

Spain/Espagne

The Human Rights Institute of Catalonia (IDHC)

C/ Pau Claris, 92, entl. 1a, 08010 Barcelona Tel.: +34 93 301 77 10 Fax.: +34 93 301 77 18 E-mail: [email protected] Website: www.institut.org The Human Rights Institute of Catalonia stitutions, in order to expand the political, (IDHC) was established in 1983, by a group of social and cultural rights of everyone. people committed to fighting for the progress The main activities of the IDHC are study and of freedom and democracy in the world. Their research, dissemination and promotion of aim was to join both individual and collective human rights. And with this purpose in mind, forces, coming from both public and private in- the IDHC develops three main areas of activity: promotion, advising and education.

Education Annual course on human rights protection of human rights, the IDHC awards The Course of Human Rights has been organ- different kinds of scholarship: ised every year since 1983. The next course will – A three-month internship in the Office of take place in March 2009. the United Nations High Commissioner of Human Rights, Geneva. The course is addressed to students of legal, economic and social sciences, administration – A 15-day visit to the Headquarters of the officials, bodies and security forces, lawyers, Council of Europe and the European Court social workers, economists and all other profes- of Human Rights, Strasburg, for up to five sionals that are related to this matter. students. Lecturers of recognised national and interna- – A six-month internship at the office of the tional prestige are in charge of the conferences. Ombudsman of Catalonia, Barcelona. For further information see http:// – The IDHC hosts number of internships in www.idhc.org/eng/141_cursdh.asp. Barcelona, through the European programme Leonardo and other agreements Scholarships with different universities. Among the participants in the Annual Course For further information see http:// on Human Rights who write a paper on the www.idhc.org/eng/143_beques.asp.

Courses and seminars Human Rights Training for Aid Workers vember 2008 and the next one will be in May This course has been organised twice a year 2009. The main purpose of the course is to since 2006. The last course took place in No- provide those who work in different areas of co- operation for development the necessary tools

Spain/Espagne 109 Human rights information bulletin, No. 75 Council of Europe to understand the international reality through versal Declaration of Emerging Human the knowledge and study of the international Rights – such as the right to water, the right to law of human rights, humanitarian law, and in- self-determination and personal sexual diver- ternational criminal law. sity, bioethical issues, the right to basic income For further information see http:// of citizenship, the right to development – that www.idhc.org/eng/142_seminaris.asp. for various reasons have not been sufficiently developed or that require further reflection. Seminars, workshops and publications For further information see http:// on Emerging Human Rights (CEHR) www.idhc.org/eng/1245_seminaris.asp. The aim of these seminars and workshops is to present a series of rights recognised in the Uni-

The IDHC organises several promotional activ- Sahara, Nepal, Tibet, Ivory Coast, Mapuche, Sri Promotion ities in connection with the human rights area Lanka, and Kosovo. such as: For further information see http:// www.idhc.org/eng/125_conflictes.asp. Forgotten Conflicts Human Rights in the Street This programme aims to publicise the situa- Storytelling sessions designed to promote a tions of war in which millions currently live, wider knowledge of the Universal Declaration and to explore the human, political, economic of Human Rights in the population, while at and social natures of these conflicts, which the same time spreading knowledge of and most of the time are forgotten by the public. giving visibility to the situation of human Some conflicts already tackled are: Western rights in the world.

The Institute does scientific advising in the “European Charter for Safeguarding Human Advising field of human rights to public institutions and Rights in Cities”. private entities, most of them in respect of the For further information see http:// www.idhc.org/eng/13_assessora.asp.

– Forgotten conflicts serial. The Mapuche the objective of making these rights effec- Publications people, Tibet, Western Sahara and Nepal: tive, and serve to compensate victims. This forgotten conflicts serial contains re- – Human rights in the 21st century. This collec- searches and reports about the conflicts, tive work contributes to the understanding and also compiles the speeches of the parti- of the main problems and challenges faced cipants at round tables. in the safeguarding of human rights in the – Universal declaration of emerging humanri- 21st century from a legal and political pers- ghts serial. Human rights and Climate pective. change, The human right to the access to drinking water and sanitation, Sexual orien- – The Little Book of human rights. This book is tation and gender identity, Basic Income: aimed at children between 8-12 years old. This serial contains much research and in- The book includes activities that allow formation on specific themes addressed in parents and teachers to explain in a very the titles. easy way what Human Rights mean. – Historical memory. By analysing the diverse – The Iraq conflict and international humani- solutions adopted in the international tarian law. Analysis of the Iraq conflict from sphere, this publication examines to what the point of view of the applicable law to point these legislative initiatives carry out each phase of the conflict.

Bibliographical resources rights compose the IDHC’s bibliographical re- Library The IDHC counts in its head office with a vast sources. library on human rights. More than 1 000 mon- ographs, several collections of specialised mag- On-line resources azines and publications of international In the IDHC’s website, the on-line library con- organisations and other institutions that work tains a selection of sources about human rights for the defence, study and promotion of human and basic legislative documentation.

110 Spain/Espagne Council of Europe European human rights institutes

United Kingdom/Royaume-Uni

Human Rights Law Centre

School of Law, University of Nottingham, University Park, Nottingham, NG7 2RD Tel.: +44 (0)115 84 68 506 E-mail: [email protected] Website: http://www.nottingham.ac.uk/law/hrlc Established in 1993, the University of Notting- operation and training. The centre consists of ham’s Human Rights Law Centre is an interna- six working units and conducts research in a tionally recognised human rights institution range of fields. Below is a summary of the activ- with considerable experience in the design and ities and publications of each working unit. delivery of human rights research, technical co-

Short Courses and Train- Short Course on International Human provides a valuable insight for those working ing Unit Rights Law for NGOs or in government, as well as gradu- This course is for three months and is run twice ates, lecturers and legal or other professionals. annually, October to December and January to The course features organised visits to NGOS, March. The next course starts on Thursday criminal courts and prisons. 8 January 2009. The fee for three months is £2 950. There is an The course provides an in-depth understand- option to undertake a six-month course which ing of international human rights standards, includes a three-month internship. looking at the human rights systems of organi- For more detailed course information visit sations such as the United Nations, the Council www.nottingham.ac.uk/law/hrlc/courses/. of Europe, the OAS and the African Union. It

United Kingdom/Royaume-Uni 111 Directorate General ISSN 1608-9618 of Human Rights and Legal Affairs Council of Europe

9771608 961000 F-67075 Strasbourg Cedex http://www.coe.int/justice/