Strasbourg, 22 October 2008 CommDH(2008)32

3RD QUARTERLY ACTIVITY REPORT 2008

by Thomas Hammarberg Commissioner for Human Rights

1st July to 30th September 2008

Presented to the Committee of Ministers and the Parliamentary Assembly CommDH(2008)32

CONTENTS

1. Overview...... 3 2. Missions and Visits ...... 4 3. Reports ...... 8 4. Themes...... 11 5. Human Rights Defenders...... 13 6. National Human Rights Structures ...... 14 7. Communication and Information work ...... 15 8. Observations and reflections ...... 16 9. Next three months...... 18

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1. Overview

The period was dominated by activities in relation to the Caucasus. In mid-July the Commissioner went to Armenia in order to take stock of developments after his March mission and subsequent reports. The Commissioner focused the discussion on the issue of an independent, impartial, transparent and credible investigation into the events in Yerevan 1-2 March and on the situation of prisoners taken in that context, including their judicial process.

After the July visit there were repeated contacts with the Armenian authorities, mainly through the Permanent Representative in Strasbourg, on the establishment and working modalities of a group of experts to carry out fact-finding into the 1-2 March events and its relationship with the ad hoc commission set up by the parliament. The Commissioner kept the opposition informed about these discussions. An expert advisory opinion was produced outlining the methodology for a truly independent and impartial investigation and the government accepted its key principles. At the same time, in relation to the prisoners apprehended in this connection there was little progress during the period, which the Commissioner also reported to the PACE Monitoring Committee on 11 September.

The humanitarian and human rights consequences of the outbreak of war in South Ossetia became a major concern for the Commissioner. He made a first visit to the affected area at the end of August and another at the end of September and wrote reports on both. He formulated six principles for urgent human rights and humanitarian protection (right of return; care for internally displaced persons; de-mining; establishing and order; exchange of detainees and clarifying the fate of missing persons; and international access and human rights presence). These received political support from the Committee of Ministers and the PACE.

The Commissioner has been involved in human rights diplomacy in order to define outstanding problems and advise on necessary remedial action. He used his good offices to facilitate the exchange of persons who had been detained and has continued to give his services for further such exchanges as well as efforts to clarify the fate of missing persons.

In early July the Commissioner made a brief visit to Kaliningrad and undertook a mission to Cyprus where he had talks with President Christofias and the Turkish Cypriot leader Talat about the importance of taking into account human rights issues in the peace process.

An assessment mission was made to the in late September during which the Commissioner’s delegation met several representatives of the executive, legislature and judiciary and visited a number of institutions including those relating to asylum seekers.

The office held a conference in Dublin in cooperation with the Irish Human Rights Commission with representatives of national human rights structures from all over Europe. The Office organised a seminar in St. Petersburg with regional ombudsmen in the Russian Federation. The Commissioner also took part in the Council of Europe

3 CommDH(2008)32 conference for prosecutors in St Petersburg in July and in the conference on children in Stockholm which promoted, inter alia, a ban on corporal punishment of children.

With the aim of ensuring complementarity of activities, the Commissioner’s Office participated in a coordination meeting between the Council of Europe and the Office of the UN High Commissioner for Human Rights in Geneva on 4-5 September 2008 as well as in a consultative meeting between the Council of Europe and the EU Fundamental Rights Agency in Vienna on 15 September 2008.

Viewpoints were published on terrorism; displacement; hate crimes; family reunification; Roma history; political participation of Roma; IDPs; and criminalisation of migration.

2. Missions and Visits

Kaliningrad and Saint Petersburg

From 30 June to 2 July, Commissioner Hammarberg undertook a contact visit to Kaliningrad and Saint Petersburg. On 1 July, at the invitation of the Ombudsman in the Kaliningrad Region, the Commissioner took part in a round table devoted to problems of freedom of movement encountered by residents of the region. Participating in the round table were officials of the regional authorities, representatives of the diplomatic community, non-governmental organisations and mass media. At the heart of discussions were a number of legal, humanitarian, economic, social and personal problems arising for residents due to the special geo-political position of the region. The meeting adopted an appeal to the Government of the Russian Federation, the Kaliningrad region authorities, the Commissioner for Human Rights of the Russian Federation, the European Union, the Council of Europe and other competent organizations, asking for immediate action to be taken to simplify visa and transit passage regulations in order to ensure the freedom of movement of residents of the Kaliningrad region, including their movements from the Kaliningrad region to the other parts of the Russian Federation, and thereby restore basic social, economic and cultural rights for them.

In Saint Petersburg on 2 July, before going on to open the round table with the Russian federal and regional ombudsmen (see page 14), Commissioner Hammarberg spoke at the European conference of prosecutors jointly organised by the Council of Europe and the Prosecutor General’s Office of the Russian Federation, on the role of the prosecutor as a pillar for democratic society.

Cyprus mission

From 7 to 10 July, the Commissioner visited Cyprus, reviewing some of the most important human rights issues linked to the specific situation of the island. He also assessed developments as regards refugees and asylum seekers including their conditions of detention and the situation of trafficking in human beings.

During the visit, the Commissioner held discussions with state officials, including President of the Republic Mr. Dimitris Christofias and of Foreign Affairs Mr. Markos Kyprianou. He also met with the Commissioner for Administration, the Law

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Commissioner, the Committee on Missing Persons in Cyprus and representatives of international organisations and civil society. In addition, Mr Hammarberg and his delegation visited the Police Detention Centre at the Central Prison in Nicosia, Block 10 which detains aliens awaiting deportation, and a government-run shelter for female victims of trafficking.

On 9 July Commissioner Hammarberg crossed the Green Line and held talks with representatives of the Turkish Cypriot Community, including notably their leader Mr Mehmet Ali Talat. He also met with non-governmental organisations and visited the prison in the north of Nicosia.

During his talks, the Commissioner welcomed the recent political developments which have led to intense high level talks across the dividing line in Cyprus and expressed his hopes that they will lead to a reunification of the island. During the session of the Parliamentary Assembly starting on 29 September, he met again with President Christofias and Mr. Talat and encouraged both to continue and intensify their efforts towards achieving reunification. The Commissioner is currently finalizing a report which will focus on matters pertaining to asylum and trafficking in human beings as well as the detention of migrants in the Republic of Cyprus. A second document containing considerations on human rights issues linked to the conflict and to the lasting division of the island is also under preparation.

Armenia special visit (July) and summary of findings

From 13 to 15 July 2008 the Commissioner carried out a special visit to Armenia, organised following the adoption of Resolution No. 1620 (2008) of the Parliamentary Assembly of the Council of Europe (PACE). The Resolution invited the Commissioner to contribute to the work of the national body of inquiry into the events of 1 and March 2008 and to inform the PACE Monitoring Committee on progress regarding the inquiry as well as the release of the persons deprived of their liberty in relation to those events. A summary of the findings from the visit, as presented by the Commissioner to the PACE Monitoring Committee at its meeting in Paris on 11 September 2008, was published on 29 September 2008.

The situation with respect to the persons deprived of their liberty in connection with the 1-2 March events remained a source of serious concern, and the Commissioner recommended that the requisite political will be deployed as a matter of urgency in order to achieve a solution. Most of the criminal cases initiated following those events had been brought to court, and a large majority of the persons concerned – virtually all of them opposition supporters – had been found guilty and sentenced. The Commissioner found that serious questions persisted as to the very nature of the criminal charges and intent of the investigation. He expressed particular concern as regards the seven remaining persons in preliminary detention, against whom the charges were sweeping and changing. Moreover, prosecution cases against 19 persons were based solely on police testimony, and no law enforcement officials had been charged in connection with the March events.

The Commissioner welcomed the pro-active approach taken by the Armenian Government on the question of the inquiry into the March events. The Office of the Commissioner and an international expert who participated in the July visit engaged in an ongoing dialogue with the Government concerning the Commissioner’s proposal to

5 CommDH(2008)32 establish a group of experts tasked with establishing the facts of the March events. The Commissioner expressed the hope that the relevant actors will continue to respond constructively in order to achieve the goal of carrying out a comprehensive, independent, impartial, and transparent inquiry, which would be perceived as credible by the whole population.

The summary of findings is available on the Commissioner’s website, reference CommDH(2008)29.

Special missions to areas affected by the South Ossetia conflict (August and September), report and summary of findings

The Commissioner carried out two special missions covering various areas affected by the South Ossetia conflict, the first from 22 to 29 August and the second from 25 to 27 September 2008. In the course of the August mission, the Commissioner visited Vladikavkaz, Tskhinvali, Gori, Tbilisi and Moscow; the September mission included visits to Tbilisi, Gori, Tskhinvali, and Akhalgori. Each mission focused on human rights and humanitarian protection.

The purpose of the first mission was to assess the human rights situation in the areas affected by the recent armed conflict. The Commissioner concluded that the South Ossetia crisis had resulted in a humanitarian disaster, and presented six principles for urgent protection of human rights and humanitarian security: the right to return; the provision of adequate aid and living conditions for the displaced and returnees; de- mining in the war-affected areas; the need to overcome the law and order vacuum and re-establish a safe and secure environment for persons in the so-called “buffer zone”; continued humanitarian exchanges of prisoners of war, other detainees and persons in hiding, as well as international human rights and humanitarian presence and assistance to persons in need in the affected areas. Those principles were accepted by all relevant actors involved in the conflict and endorsed by the Committee of Ministers. The Commissioner developed each of those principles in a special report on his August mission, which was made public on 8 September 2008. This document is available on the Commissioner’s website, reference CommDH(2008)22.

The September special mission was organised in order to assess the follow-up given to the above-mentioned six principles. During that mission, the Commissioner found that about half of those displaced in August had been able to return to their homes. He urged that all the relevant political decision-makers deliver a clear statement of commitment to the principle of the right to return. While there had been progress in the provision of care and support to the remaining displaced persons, this could not be a substitute for the right to return, and individuals must be enabled to end their displaced status and go home if they so choose. De-mining efforts were being pursued, but there remained large quantities of UXO and bombs which continued to pose a danger to people. Full cooperation and information-sharing, as well as international assistance, were necessary to meet the challenges of systematic de-mining. One of the most serious remaining problems was the issue of ensuring safety and security for people in all areas affected by the conflict, and the northern third of the “buffer zone” was found to be of particular concern. Important agreements were reached during the September mission, through the good offices of the Commissioner, towards the release and exchange of prisoners of war and other detainees. On the issue of access for international humanitarian aid, the

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Commissioner stressed the crucial need to lift the existing hindrances to access so that people could receive the assistance necessary for their recovery and protection.

The Commissioner presented a summary of his findings from the September special mission to the Parliamentary Assembly on 30 September 2008. This document is available on the Commissioner’s website, reference CommDH(2008)30. A fuller report is being prepared to follow.

Netherlands mission

From 21 to 25 September the Commissioner and his team conducted an assessment visit to the Netherlands covering a broad range of human rights issues. During this first official visit and the high-level talks, the Commissioner focused on policies affecting migrants, refugees and asylum seekers, integration, children’s rights and the fight against discrimination and intolerance. The Commissioner met with members of the Dutch Government including the Ministers of Justice, Mr. , Interior and Kingdom Relations, Ms. , and Housing, Communities and Integration, Ms. . He also met with parliamentarians and representatives of civil society as well as with the National Ombudsman and members of the Equal Treatment Commission.

Accompanied by three members of his Office, the Commissioner visited a shelter for trafficked women, asylum seekers reception and detention facilities in the vicinities of and Rotterdam as well as a juvenile detention centre near Sassenheim and a secondary school in Rotterdam. There the Commissioner also visited a mosque, accompanied by the local ombudsman. The office members completed the visit on the fifth day, meeting with representatives of the Ministry of Education, Culture and Science as well as with representatives of the Association of the Netherlands Municipalities. They also visited a forensic psychiatric institution in . The findings of the Commissioner will be presented in an assessment report with relevant recommendations to be published in early 2009.

Follow-up to the 11 June visit to Denmark

On 2 July, the Commissioner received additional information from the Danish authorities in follow-up to his visit to Denmark on 11 June. The Danish authorities highlighted the importance of a constructive dialogue on human rights aspects of immigration, asylum and integration and provided detailed information on: initiatives aimed at combating discrimination and promoting equal treatment; perceptions of integration among immigrants and descendants in Denmark; asylum procedure in Denmark and the rules and procedures concerning return of rejected asylum-seekers; residence permits for victims of trafficking and domestic violence; and living conditions at Danish asylum- centres.

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3. Reports

Memorandum on Roma and Sinti and immigration issues in Italy

On 28 July the Commissioner published a Memorandum following his visit to Italy on 19 and 20 June. In the course of his visit the Commissioner met with domestic authorities including the Minister of Interior Roberto Maroni, national and international human rights and refugee organisations and Roma associations. He also visited the Casilino 900 Roma camp in Rome. In the Memorandum the Commissioner reported and commented on the following issues:

a) Action against racism and xenophobia: The Commissioner commended the authorities' efforts in this domain but stressed that action is required to prevent or stop public stigmatisation of particular ethnic or social groups. The Commissioner recommended inter alia the review of Law 85/2006 to restore the more severe sentences earlier provided for certain racist activities and that all means be employed to ensure independence and effectiveness of UNAR, the national, anti- racial discrimination body.

b) The protection of human rights of Roma and Sinti:The Commissioner expressed his concern, inter alia, at the adoption of the "security package" that resulted notably in the targeting of Roma EU nationals in Italy, urged the authorities to adopt promptly measures for the amelioration of living conditions of Roma and Sinti and to adopt and apply a coherent, comprehensive and adequately resourced action plan for these groups. Special emphasis was laid on the situation of Roma children, especially those who remain in Italy as stateless.

c) The protection of human rights of immigrants and asylum seekers: The Commissioner expressed his serious concern at the new legislative measures on immigration and asylum, especially those that criminalise irregular migrants. Special attention was also paid to the issue of expulsion of migrants and the state obligations stemming from the European Convention on Human Rights.

d) Human rights protection in the context of aliens’ forced returns based on antiterrorism legislation: The Commissioner noted in particular his strong opposition to aliens' forced returns on the basis of diplomatic assurances, usually sought from states with proven records of torture, drew the authorities' attention to the Committee of Ministers' Twenty Guidelines on Forced Return and underlined that interim measures ordered by the European Court of Human Rights should always be abided by by all Council of Europe member states.

The Memorandum, together with the Government’s response, is available on the Commissioner’s website, reference CommDH(2008)18.

“The former Yugoslav Republic of Macedonia” assessment report

On 12 September, the Commissioner published his report on the human rights situation in “the former Yugoslav Republic of Macedonia”. Whereas the country has invested considerable efforts to upgrade its legislative and institutional human rights protection

8 CommDH(2008)32 framework, its translation into practice is not yet consistent and comprehensive. The Commissioner’s practical recommendations aim to enhance this process, focusing mainly on the judiciary, police behaviour, conditions in places of detention, counter- terrorism activities, measures against discrimination, refugees from Kosovo1 and internally displaced persons (IDPs).

A number of problems still affect a sound functioning of the judicial system, in particular the backlog of over one million cases, lengthy proceedings, perceived corruption and public distrust. Police violence remains a problem but there appears to be an increasing trend of misbehaving policemen being held accountable and brought to justice. The past decade has seen much rhetoric but little progress in prison reform. The situation in current facilities has been assessed as substandard, particularly as concerns sanitary conditions. In talks held with the country’s top officials from the executive, legislative and judicial branch including the heads of state and government, the Commissioner called for sufficient funds to be allocated to improve the conditions in places of detention. The report highlights the urgent necessity to find creative solutions to the conditions of detention of juvenile offenders.

The report calls for a complete and independent investigation of the Khaled El-Masri case with a view to disclosing the full truth and finding adequate solutions. Domestic practices and procedures for combating terrorism should always establish appropriate safeguards and scrutiny procedures to prevent and investigate alike cases based solely on allegations.

The Commissioner observed some limits on the freedom of access to information for investigative journalists and civil society representatives. Besides effective implementation of relevant legislation, the work of professional investigative journalists should be facilitated and every effort should be undertaken to develop a fully independent self-regulatory body for all media.

The Commissioner welcomed the steps taken to increase minority participation following the implementation of the Ohrid-Agreement. However, and much as in other countries of the region and beyond, the Commissioner expressed deep concern at the situation of the Roma people, who remain on the margins of society and socio-economically vulnerable. It is also fundamental to find durable solutions for the refugees from Kosovo, many of them of Roma origin.

The Commissioner called for stronger action to resolve the problems faced by persons with disabilities and eradicate gender discrimination. He also encouraged the authorities to further ensure adequate protection to women victims of violence and called for education and legislative measures to stamp out discrimination against lesbians, gay, bisexual and transgender persons.

The report is available on the Commissioner’s website, reference CommDH(2008)21.

1 All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo

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Memorandum on asylum-seekers and immigrants in the United Kingdom

On 19 September the Commissioner published a Memorandum following visits to the United Kingdom on 5-8 February and 31 March-2 April 2008, during which he held discussions with state authorities, including the Home Office Minister of State Liam Byrne, and non-governmental organisations and visited a number of institutions including the Colnbrook and Yarl’s Wood Immigration Removal Centres. In the Memorandum, the Commissioner reported and commented on the following issues:

a) Administrative detention of asylum seekers upon entry, in the context of the “Detained Fast Track” (DFT): The Commissioner commended the authorities’ efforts to enhance the efficiency of the asylum system but expressed his concern about the targets of the UK Border Agency (UKBA) aimed at accelerating further asylum procedures. The Commissioner notably recommended that the UK consider regulating DFT by introducing special legislation fully in conformity with the European Convention on Human Rights and expressly proscribe DFT to particularly vulnerable persons, such as unaccompanied minors.

b) Detention of rejected asylum seekers and of immigrants subject to deportation: The Commissioner expressed serious concern at the UKBA’s commitment to expanding the immigration detention facilities, recommended that a maximum time limit for administrative detention be introduced into domestic law and that initial and on-going education in human rights protection of all immigration staff be promoted.

c) Special needs of children in the context of asylum and immigration: The Commissioner urged inter alia the authorities to proceed promptly to the ratification of the 2005 Council of Europe anti-trafficking Convention, to further improve the age-assessment procedures and to review constantly and systematically the welfare services provided to unaccompanied asylum seeking children by local authorities. He also encouraged the UKBA to pursue further its efforts aimed at providing alternative-to-detention regimes for families and children.

d) The cases of ethnic Tamils subject to deportation to Sri Lanka: As regards the European Court of Human Rights' cases of approximately 235 Sri Lankan Tamils subject to deportation, the Commissioner noted with concern that the Home Office had not accepted certain security-related assessments and guidelines on asylum seekers drawn up by UNHCR, and he urged the UK to provide refuge to ethnic Tamils from Sri Lanka, as long as there are substantial grounds showing the existence of a real risk for their life and limb in case of forced return.

e) Aliens’ forced return in the context of diplomatic assurances: The Commissioner strongly opposed the UK practice of forced returns of aliens on the basis of diplomatic assurances which are considered inherently flawed since they are usually sought from countries with proven records of torture and ill-treatment. The Commissioner called upon the authorities to follow the Committee of Ministers’ Twenty Guidelines on Forced Return and recalled the deporting

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States’ duty to monitor returnees’ reception and to ensure full protection of their safety and dignity.

The Memorandum, together with the Government’s response, is available on the Commissioner’s website, reference CommDH(2008)23.

4. Themes

Child rights

Annual meeting of European Network of Ombudsmen for Children Dublin, Ireland – 3 to 5 September

The Office of the Commissioner participated in the annual meeting of the European Network of Ombudsmen for Children (ENOC), presenting the Commissioner’s activities over the last year including in relation to the banning of corporal punishment and the improvement of juvenile justice. The occasion was also used to invite the ENOC to participate in the project developed by the Commissioner’s Office in relation to National Human Rights Structures. The ENOC was invited to send a representative to each training workshop organised by the Commissioner for National Ombudsmen and National Human Rights Institutions. Useful exchanges of information were held with Ombudsmen of countries to be visited by the Commissioner in the coming months.

Conference “Building a Europe for and with children, toward a strategy 2009-2011” Stockholm, Sweden – 8 to 10 September

In a keynote speech to this seminar dedicated to child friendly justice, the Commissioner recalled that judicial procedures must be adjusted to meet the needs of children, be they suspects, victims or witnesses. Children should always have an influence on administrative or judicial decisions relating to themselves. Adequate training of public authorities directly in contact with these children is a must. Treating children with dignity, compassion and respecting their best interest is also necessary. The Commissioner expressed his appreciation for the current work of the Council of Europe to draft guidelines which include these core principles.

In the framework of the Stockholm conference, the Commissioner organised the second annual lecture dedicated to Janusz Korczak on children’s rights. By way of introduction, the Commissioner presented to the audience the life and work of Korczak from the establishment of two orphanages in Warsaw to his tragic death in Treblinka with 200 of “his” children. The lecture was then delivered by Emily Logan, Commissioner for Children of Ireland and current Chairperson of the ENOC. Focusing on the notion of the child’s best interest and its implementation, Ms. Logan insisted that the child’s best interest is also our interest and a pillar of any child policy. An exhibition of Janusz Korczak’s books in several languages was also organized during the Conference by the Swedish Korczak association.

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Roma rights

Work continued on a joint project on recent migration movements of Roma in Europe (OSCE High Commissioner on National Minorities and the Commissioner for Human Rights) and research that will lead to the publication of a report with recommendations commenced by two independent experts in July 2008. In this context, in consultation with the Council of Europe’s Roma and Travellers’ Division, questionnaires relating to Roma migration in Europe have been sent to the members of the Committee of Experts on Roma, Gypsies and Travellers (MG-S-ROM). In the context of the joint OSCE HCNM and CHR project on recent migration of Roma in Europe, the Commissioner’s Office organised on 9 September an experts' meeting in Budapest during which an exchange of views and information took place between two expert rapporteurs and Roma experts coming from a number of European countries and organizations. A report on the above subject matter is under preparation.

On 9 July a representative of the Commissioner’s Office participated in a consultative meeting on Roma organised by the Fundamental Rights Agency (FRA) in Vienna. The aim of the meeting was to set out FRA’s contribution to the work on Roma with a view to broadening its engagement and building on its work on health and education issues, taking into account work already done by the OSCE and the Council of Europe and relevant action plans at the European and international level.

A representative of the Commissioner’s Office was invited to participate in a field visit to Italy organised by OSCE/ODIHR from 21 to 25 July. The delegation visited three cities, Milan, Naples and Rome, Roma and Sinti settlements, Prefects and municipal authorities in these cities. The major aim of the visit was to make contact with the appropriate Italian authorities, especially at regional and local levels, to identify issues of concern relating to Roma and Sinti in Italy, and to develop recommendations on how to address them in line with Italy’s international commitments. A comprehensive report by OSCE/ODIHR is forthcoming.

Deprivation of liberty

A member of the Office of the Commissioner participated in the seminar "detention matters: family visits" organised by the Registry of the International Criminal Court (ICC), on 8 and 9 July 2008 in the premises of the ICC (). At its plenary session in December 2007, the Assembly of States Parties had requested the Registrar of the ICC to conduct a study into the right of detained persons to receive visits from family members during their incarceration. The aim of the seminar was to collect ideas enabling the Registrar to draft a report which will be submitted for the consideration of the States Parties.

The opinion of the Commissioner regarding family visits to persons deprived of their liberty may be consulted on his website, reference CommDH(2008)15.

LGBT Rights

During Stockholm Gay Pride 2008, the Commissioner participated in a panel discussion on 'the challenges for LGBT families in Europe' This event was organised in close cooperation with and participation of Robert Wintemute, professor from the School of Law, King's College London and Hans Ytterberg, the Swedish HOMO Ombudsperson.

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The Commissioner was awarded the Rainbow Prize 2008 for his efforts to combat discrimination based on sexual orientation and gender identity.

Progress on decertified police officers in Bosnia and Herzegovina

The Commissioner has continued his dialogue and close cooperation with the Bosnia and Herzegovina authorities aimed at finding a practical solution to the persisting stalemate in the cases of the so-called “decertified police officers”.

The cases concerned some 260 police officers2 who had been barred from police service (decertified) for life after a vetting process by the then UN International Police Task Force (IPTF) with no legal remedies to challenge the decisions. For many years now, the decertified police officers have found themselves literally in “no man’s land” with serious social consequences for their lives and their families. The Commissioner addressed this issue from a human rights perspective in April 2007 and has since continued his engagement through a number of actions and interventions, including at the UN Security Council, with a view to facilitating a practical solution and putting an end to the anxieties and frustrations of those affected.

After a hunger strike of some of those concerned in July 2008, the Commissioner, in close coordination with the CoE SRSG in Sarajevo, reinforced his interaction with the Prime Minister and the Government, the Presidency of Bosnia and Herzegovina as well as both entity Ministries of Interior reiterating the urgent need for a creative solution, on the basis of the government’s draft action plan on “the Implementation of Activities defined in the letter of the UN Security Council President – case of decertified police officers in BiH”.

In the Federation of Bosnia and Herzegovina, the draft “Law on Police Officers of the Federation of BiH”, defining the mode in which decertified police officers may be re- employed, is pending its enactment in parliament. The draft law concerning (private) security agencies has been amended and forwarded to parliament for enactment through accelerated procedure. The Federation government has moreover tasked the relevant Ministries to consider ways and possibilities to enact regulations to enable the “decertified” to become eligible for age pension under more favourable conditions. The authorities of Canton 10, where the problem is of particular concern, have not yet put forward any proposals or actions to the solution of this critical issue.

The Commissioner remains seized with the matter and determined to pursue it until a constructive and acceptable solution for all involved has been found.

5. Human Rights Defenders

Pursuant to paragraph 4 iv) of the Committee of Ministers Declaration on Council of Europe action to improve the protection of Human Rights Defenders, the Office of the Commissioner for Human Rights set up on 27 June 2008 a Taskforce on Human Rights Defenders. The taskforce consists of the United Nations special representative on human rights defenders, ODIHR/OSCE focal point for human rights defenders, the

2 The original number in 2002 was close to 2,000, but that number was reduced to the present ca. 260 individuals who remain active in demanding their rights for re-application

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Council of the European Union and the European Commission as well as international non-governmental organisations specializing in supporting human rights defenders, and national human rights defenders covering different themes and parts of the European continent.

The Taskforce met on 22 September 2008 in Strasbourg to prepare the Commissioner’s Round Table on Human Rights Defenders, which will be held in Strasbourg on 3-4 November 2008. This meeting, which is the first of a series of consultations carried out by the Office of the Commissioner on this topic, is dedicated exclusively to the obstacles that the national human rights defenders encounter in their work. Follow-up meetings are foreseen in 2009.

Also the Office of the Commissioner participated in the Budapest Human Rights Forum, organised by the Hungarian Foreign Ministry on 28-29 August 2008. The forum's discussions focused on the situation of Human Rights Defenders in Europe and Central Asia. The Office of the Commissioner outlined its activities for the promotion of a conducive working environment and actions to enhance the protection of human rights defenders.

6. National Human Rights Structures

Training programme for national human rights structures

The Joint European Union-Council of Europe Programme “Setting up an active network of independent non judicial human rights structures”, or “Peer-to-Peer Project”, aims to empower national human rights structures (NHRSs, i.e. ombudsmen and national institutions) to help prevent and find solutions to human rights violations more effectively at domestic level.

The Peer-to-Peer Project consists of a work programme to be implemented by the Office of the Commissioner in 2008 and 2009. In the first year, five workshops and one round table are being organised in Italy, Russia and Hungary (see previous quarterly report for the description of the three first workshops).

Round table of Russian Ombudsmen St Petersburg, Russian Federation – 2 to 3 July

This round table, coorganised with the St Petersburg Humanitarian and Political Science “Strategy” Centre gathered 60 participants, including the Commissioner and his team, the federal Russian ombudsman, regional ombudsmen and other representatives of regional ombudsmen offices, as well as Russian experts.

This gathering of federal and regional Russian ombudsmen allowed for plenary discussions on significant topics concerning the human rights situation in the Russian Federation and on specific concerns of the Russian ombudsmen. They also allowed for discussions on the possibilities for creating new regional ombudsmen in other regions of the Russian Federation in the future.

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Experts’ presentations were lively and discussions between participants were open, spontaneous and animated. They focused on: the role of ombudsmen in safeguarding human rights against the arbitrariness of the executive branch; the role of ombudsmen in monitoring the conformity of legislation with human rights; an evaluation of ombudsmen’s work and development of effectiveness criteria.

Participants expressed a need to intensify relations between the Office of the Commissioner and the regional Russian ombudsmen, and to find ways to increase the frequency of their gatherings. They welcomed the fact that another round table of Russian ombudsmen will be organised in the future.

5th Round Table of European National Human Rights Institutions Dublin, Ireland – 16 to 17 September

On 16 and 17 September, the Commissioner and the Irish Human Rights Commission hosted the 5th Round Table of European National Human Rights Institutions, in Dublin, one meeting which the Commissioner holds every year with national human rights structures. Discussions focused on possible ways to strengthen national structures in order to enhance the domestic protection of human rights across Europe. In particular, participants discussed concrete examples and good practices of how national structures can have an impact on legislation, achieve effective redress and promote human rights awareness and education. The Round Table was also the opportunity to gather representatives of the Council of Europe, the United Nations and the European Union Fundamental Rights Agency and discuss their relationships with national structures. This year’s event also allowed for taking stock of the progress made with respect to a new phase of co-operation between the Commissioner and the national structures that was launched in 2007 at the previous Round Table in Athens with the aim of strengthening the protection of human rights at domestic level.

7. Communication and Information work

Media attention was attracted particularly by three main activities: the publication of the report on Italy and the visits to and reports on Armenia and areas affected by the South Ossetia conflict.

As concerns Italy, the report made the headlines of all national newspapers and news agencies (inter alia Ansa, Corriere della Sera, Repubblica, La Stampa) and was discussed by the major TV and radio networks (ie. RAI). Two interviews with the Commissioner were also published by Il Corriere della Sera. The international media also covered the report (in particular International Herald Tribune, AP, El Pais, Radio , AFP, Reuters, Europa Press, Frankfurter Rundschau), with articles appearing in newspapers outside European countries as well.

The visit and report on Armenia attracted the attention of the main national media, while the visits and reports on the areas affected by the South Ossetia conflict were featured by both national and international media (inter alia AFP, ANSA, Europa Press, RIA Novosti, Itar-Tass, BBC, RAI, Radio Free Europe, Deutsche Welle, Frankfurter Rundschau, ARD, El Pais, Le Temps).

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Further national media coverage came from the publication of the report on asylum- seekers and immigrants in the UK and the assessment report on “the former Yugoslav Republic of Macedonia”.

The communication and information work also focused on targeted interviews, press releases, public relations activities, publication and dissemination of the fortnightly Viewpoints. Several daily and weekly newspapers republished these Viewpoints in their paper and online editions.

The website has been further redesigned, with the development of the RSS (Really Simple Syndication) to enable end-users to see when the Commissioner’s website has added new content and to receive these updates directly to their computer.

Viewpoint articles

- "Fighting terrorism – learn the lessons from Northern Ireland" - 11/07/08 - “Hate crimes – the ugly face of racism, anti-Semitism, anti-Gypsyism, Islamophobia and homophobia” - 21/07/08 - "Refugees must be able to reunite with their family members" - 04/08/08 - "The shameful history of anti-Gypsism in Europe is forgotten – and repeated" - 18/08/08 - “Roma representatives must be welcomed into political decision-making” - 01/09/08 - "Persons displaced during conflicts have the right to return" - 15/09/08 - "It is wrong to criminalize migration" - 29/09/08

Speeches and presentations

02/07/2008 "The prosecutor: a pillar for democratic society", presented at the Conference of Prosecutors General of Europe, Saint Petersburg, 1-3 July 2008 CommDH/Speech(2008)11 - English version only.

8. Observations and reflections

(i) One reflection on the activities during the past three months is that it is possible to make a significant contribution to human rights protection with fairly limited staff and budgetary resources.

The dialogue with the Armenian authorities has been clearly meaningful and been taken seriously by both the government and the opposition. The suggestion about an alternative (impartial) approach to investigating the 1-2 March events was accepted in spite of the fact that another process had been started. The fact that the office with short notice could submit an expert paper based on international experiences turned out to be most helpful in this dialogue.

The advice given from the Office on the issue of the prisoners was also taken seriously though implementation is still awaited – it hopefully will come before the Commissioner’s next visit during the third week of November.

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The two visits to the areas affected by the South Ossetia conflict were also meaningful. The six principles have been widely quoted and supported and have also served as benchmarks for the Commissioner’s own assessment of developments. Contacts with UN agencies, OSCE and ICRC have been constructive with information-sharing and exchange of advice.

The Commissioner played a role in stressing the need for human rights training on ECHR and other CoE standards for the monitors on the ground, including the EUMM, thereby developing an opening for a Council of Europe contribution. The Commissioner has also played a key role through his good offices in facilitating exchanges of detainees and clarifying the fate of missing persons. His work and reports have been widely appreciated for their factual, objective nature.

(ii) The cycle of assessment missions and reports is coming to an end during the next quarter. With the missions to Serbia, Monaco and , all 47 member states have been visited during the past nine years. The current Commissioner does not intend to start a new cycle of such assessments but rather to build on the reports which have already been published as the basis for more focused dialogue with member states.

Indeed this has already started through follow-up memoranda. Such reports have been published during the autumn on the United Kingdom and one is forthcoming on France. They focus on certain priority issues and could be seen as a model for the new approach that the Commissioner will take in future.

This change will not mean that there will be less priority given to country visits. One of the strengths of the Office is that it has obtained concrete field experience. There will be more emphasis on responding to crisis situations, as earlier this year in the case of Armenia and the areas affected by the South Ossetia conflict.

(iii) There is a great potential in the mandate of the Office, this has been proven again in the recent months. The Commissioner is not aiming for a large staff but prefers rather to work together with other parts of the Council of Europe and in partnership with key actors in the UN, OSCE and the EU/FRA. However, the Commissioner is concerned about the difficulties to keep up the quality of the work in a situation of growing expectations from the outside. A modest increase of resources is definitely needed – and would be of benefit for the Council of Europe as a whole, including the Court.

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9. Next three months

October

October-November: recruitment of new Director

1-3 PACE continued 6 Conference on local authorities and human rights – Stockholm, Sweden 8 CM: Georgia; Assessment report Montenegro 9 Advisory Committee for the Framework Convention on National Minorities Conference – Strasbourg 10 CoE seminar on human rights education 13-16 Assessment mission to Serbia 20-21 Assessment mission to Monaco 22 CM: CommHR 3rd Quarterly Activity report 27-28 Save the Children conference plus goverment talks – Bucharest, Romania 29 CoE Conference on rights of persons with disabilities 30 ILGA-Europe Annual Conference – Vienna, Austria 30-31 Fundamental Rights Agency, UNODC, OSCE – Vienna, Austria

November

3-4 CommHR Forum for HR Defenders – Strasbourg 6-7 Conference on national planning for HRs – Stockholm, Sweden 17-19 Congress Autumn session 18 CommHR Workshop on transgender persons – Strasbourg 19 CM 20-22 Special mission to Armenia 26 PACE meeting on migration; contact meetings with UN and other agencies – Geneva, Switzerland

December

2-3 National University of Ireland 8 Meeting in Paris with European intergovernmental HR bodies 10 60 th Anniversary of the Universal Declaration (activities tbc) 15-19 Assessment mission to Belgium 17 Meeting with CoE monitoring bodies and PACE committee – Paris, France

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