No. 69, 1 July-31 October 2006

ISSN 1608-9618 H/Inf (2007) 1

COUNCIL CONSEIL OF EUROPE DE L’EUROPE

Human rights information bulletin

100 In this issue: a look 95 at the Library of the 75 European Court of Human Rights: how 25 to make best use of 5 its services 0

Human rights information bulletin, No. 69

1 July-31 October 2006

Contents

Treaties and conventions, page 3 Convention for the Prevention of The Human rights Torture, page 49 information bulletin Signatures and ratifications, page 3 is published three Reservations and declarations, page 3 European Committee for the Prevention of times a year by the Torture (CPT), page 49 European Court of Human Rights, page 5 Directorate Gen- Periodic visits, page 49 eral of Human Grand Chamber judgments, page 5 Reports to governments following visits, Rights, Council of Chamber judgments, page 9 page 52 Europe, F-67075 Publications, page 54 Questions and answers: the Library of Strasbourg Cedex. the European Court of Human Rights, European Social Charter, page 55 This issue pub- page 21 Signatures and ratifications, page 55 lished January About the Charter, page 55 Execution of the Court’s judgments, 2007. Date of next European Committee of Social Rights page 23 issue: April 2007. (ECSR), page 55 Main points, page 23 ISSN: 1608-9618 Significant meetings, page 56 Texts adopted at the July and October mee- (print edition) and Collective complaints, page 56 tings, page 25 1608-7372 (elec- Publications, page 57 Other news concerning the execution of jud- tronic edition). gments, page 36 Framework Convention for the Internet address: Protection of National Minorities, http:// Committee of Ministers, page 37 page 58 www.coe.int/ Declarations, page 37 First monitoring cycle, page 58 human_rights/. Recommendations to member states, page 38 Second monitoring cycle, page 58 Replies to Parliamentary Assembly recom- Election of the Bureau of the Advisory Com- mendations, page 38 mittee, page 59 Written questions by members of the Parlia- Monitoring of Cyprus and the United Kin- mentary Assembly, page 38 gdom, page 59 Seminar on national minorities and educa- Parliamentary Assembly, page 39 tion, page 59 Democracy and legal development, page 39 Intergovernmental activities, page 60 Situation in member states, page 41 Monitoring mission, page 60 European Court of Human Rights – Commis- sioner for Human Rights, page 42 Human rights co-operation and awareness, page 61 Commissioner for Human Rights, page 45 Training activities, page 61 Te r m s o f r e f e r e n c e , page 45 Study visits, page 62 Country visits, page 45 Tr a n s l a t i o n s , page 63 Conferences, page 46 Viewpoints, page 48 Equality between women and men, Co-operation, page 48 page 64 Campaign to combat trafficking in human beings, page 64

European Commission against Racism and Intolerance (ECRI), page 66 Country-by-country approach, page 66 Work on general themes, page 66 Relations with civil society, page 67

1 Council of Europe

European human rights institutes, page 69

Appendix, page 93 Simplified chart of ratifications of European human rights treaties, page 93

2 Human rights information bulletin, No. 69 Treaties and conventions

Signatures and ratifications

Signatures and ratifications of Council of Europe treaties in the field of human rights between 1 July and 31 October 2006.

See also the simplified table of ratifications, page 93.

Andorra Moldova On 17 July 2006 Andorra ratified Pro- On 18 October 2006 Moldova ratified tocol No. 14 to the Convention for the Protocol No. 13 to the Convention for Protection of Human Rights and Funda- the Protection of Human Rights and mental Freedoms, amending the control Fundamental Freedoms, concerning the system of the Convention. abolition of the death penalty in all circumstances. Austria Poland On 12 October 2006 Austria ratified the Council of Europe Convention on On 12 October 2006 Poland ratified Pro- Action against Trafficking in Human tocol No. 14 to the Convention for the Beings. Protection of Human Rights and Funda- mental Freedoms, amending the control Belgium system of the Convention. On 14 September 2006 Belgium ratified Romania Protocol No. 14 to the Convention for the Protection of Human Rights and On 17 July 2006 Romania ratified Pro- Fundamental Freedoms, amending the tocol No. 12 to the Convention for the control system of the Convention. Protection of Human Rights and Funda- mental Freedoms. Denmark On 21 August 2006 it ratified the On 5 September 2006 Denmark signed Council of Europe Convention on the Council of Europe Convention on Action against Trafficking in Human Action against Trafficking in Human Beings. Beings. Tu r k e y Finland On 2 October 2006 Turkey ratified Pro- On 29 August 2006 Finland signed the tocol No. 14 to the Convention for the Council of Europe Convention on Protection of Human Rights and Funda- Action against Trafficking in Human mental Freedoms, amending the control Beings. system of the Convention.

Reservations and declarations

Moldova Moldova declares that, until the full re- establishment of the territorial integrity Protocol No. 13 to the Convention for of the Republic of Moldova, the provi- the Protection of Human Rights and sions of the Protocol shall be applied Fundamental Freedoms, concerning the only on the territory controlled effec- abolition of the death penalty in all cir- tively by the authorities of the Republic cumstances of Moldova. Declaration contained in the instrument of ratification deposited on 18 October 2006 – Or. Engl.

Signatures and ratifications 3 Council of Europe

Serbia registered at the Secretariat General on 20 July 2006 – Or. Engl.

Convention for the Protection of Human While affirming its willingness fully to Rights and Fundamental Freedoms guarantee the rights enshrined in Arti- cles 5 and 6 of the Convention, Serbia and Montenegro declares that the provi- Reservation contained in the instrument of sions of Article 5, paragraph 1[.c] and ratification deposited on 3 March 2004 – Or. Article 6, paragraphs 1 and 3, shall be Engl. At the same time, the Minister of For- without prejudice to the application of eign Affairs of Serbia and Montenegro Articles 75 to 321 of the Law on Minor handed over to the Secretary General a Note Offences of the Republic of Serbia (Sluz- Verbale from the Ministry of Foreign Affairs beni glasnik Socijalisticke Republike Srbije, of Serbia and Montenegro containing a brief No. 44/89; Sluzbeni glasnik Republike statement of the laws concerned – Or. Engl. Srbije, Nos. 21/90, 11/92, 6/93, 20/93, (See Declaration under Article 57) – and 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, updated by a letter from the Permanent Rep- 44/98, 65/2001) that regulate proceed- resentative of Serbia, dated 20 July 2006, ings before magistrates' courts.

Further information: http://conventions.coe.int/

4 Treaties and conventions Human rights information bulletin, No. 69 European Court of Human Rights

The judgments summarised below constitute a small selection of those delivered by the Court. Exhaustive information can be found in the HUDOC database of the case-law of the Convention.

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 figure in paren- (Provisional) Court’s case-load statistics, ment on the merits and 52 (57) in a sep- theses is due to the fact 1 July-31 October 2006: arate decision that a judgment/decision • 7 258 (7 261) applications declared may concern more than • 459 (488) judgments delivered one application.] inadmissible • 388 (416) applications declared • 246 (260) applications struck off the admissible, of which 336 (359) in a judg- list.

HUDOC database: http://hudoc.echr.coe.int/

Grand Chamber judgments

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

Judgment of 11.07.2006 Jalloh v. Germany Concerns: Administration of an Prohibition of inhuman and degrading treatment (Article 3), right to a fair trial emetic to make the (Article 6) applicant regurgitate a bag of cocaine and utili- Facts and complaints detention on remand and charged with sation of the evidence so drug-trafficking. obtained. The applicant is a national of Sierra His lawyer advanced that (i) the evi- Conclusions of the Court: Leone, who lives in Germany. violation of the articles dence against him had been obtained in question. Arrested by two policemen who sus- illegally, (ii) the police officers and the pected him of drug-trafficking, the appli- doctor who had participated in the oper- cant swallowed a tiny bag he had in his ation were guilty of causing bodily harm mouth. As no drugs were found on him, in the exercise of official duties, (iii) the the competent public prosecutor ordered administration of toxic substances was that he be given an emetic to force him prohibited and the measure was dispro- to regurgitate the bag. As he refused to portionate as it would have been pos- take medication to induce vomiting, sible to obtain the same result by four police officers held him down while waiting until the bag had been excreted a doctor inserted a tube through his nose naturally. and administered a salt solution and Ipe- The applicant was convicted and the cacuanha syrup by force. The doctor also Federal Constitutional Court declared injected him with apomorphine, a mor- his constitutional complaint inadmis- phine derivative. As a result the appli- sible: it found that all available remedies cant regurgitated a small bag containing had not been used and that the measure cocaine. He was immediately placed in in question did not give rise to any con-

Grand Chamber judgments 5 Council of Europe stitutional objections concerning the securing the applicant’s conviction. protection of human dignity or preven- Lastly, the public interest in securing the tion of self-incrimination. applicant’s conviction could not justify allowing evidence obtained in that way Decision of the Court to be used at the trial. Accordingly, the use in evidence of the drugs obtained by Article 3 the forcible administration of emetics to The Court reiterated that the Conven- the applicant had rendered his trial as a tion did not, in principle, prohibit whole unfair. recourse to a forcible medical interven- Despite that finding, the Court consid- tion that would assist in the investiga- ered it appropriate to address also the tion of an offence. applicant’s argument that the manner in However, in the present case, the which the evidence had been obtained authorities could simply have waited for and the use that had been made of it had the drugs to pass out of the applicant’s undermined his right not to incriminate system naturally, that being the method himself. used by many other member States of The public interest in securing the appli- the Council of Europe. cant’s conviction could not justify The Court noted that neither the parties recourse to such a grave interference nor the experts could agree on whether with his physical and mental integrity. the administration of emetics was dan- Further, although German law afforded gerous. As to the manner in which the safeguards against arbitrary or improper emetics were administered, the Court use of the measure, the applicant, in reli- noted that the applicant’s resistance – ance upon his right to remain silent, had who, moreover did not understand refused to submit to a prior medical German – was overcome after using examination and had been subjected to force verging on brutality, which caused the procedure without a full examina- him pain, anxiety and humiliation. tion of his physical aptitude to with- stand it. Lastly, the drugs thereby In conclusion, the Court found that the obtained were the decisive evidence in applicant had been subjected to inhuman his conviction. and degrading treatment contrary to Article 3. Consequently, the Court would also have been prepared to find that allowing Article 6 the use at the applicant’s trial of evidence obtained by the forcible adminis- The Court noted that the evidence was tration of emetics had infringed his right nevertheless obtained by a measure not to incriminate himself and therefore which breached one of the core rights rendered his trial as a whole unfair. guaranteed by the Convention. Further- more, the drugs obtained by the impugned The Court awarded the applicant €10 000 measure proved the decisive element in in respect of non-pecuniary damage.

Court/European Commission on Human Rights Note case-law cited in the judgment Herczegfalvy v. Austria, Schmantzer v. Austria, The Court gives guidance for police authorities Ilijkov v. Bulgaria, Krastanov v. Bulgaria, Nikolova when carrying out searches using such invasive v. Bulgaria, Raninen v. Finland, Mouisel v. France, Selmouni v. France, Klaas v. Germany, Schmidt v. methods. Germany, Norway, Sweden and Netherlands v. Greece, Papamichalopoulos and others v. Greece, The judgment leaves open the general question Peers v. Greece, Heaney and McGuinness v. Ire- of whether evidence obtained by an act qualified land, Labita v. Italy, Peters v. the Netherlands, Ven- emac v. the Netherlands, X v. the Netherlands, as inhuman and degrading treatment, but not Teixeira de Castro v. Portugal, Kalachnikov v. Rus- torture, automatically renders a trial unfair. sia, Barberà, Messegué and Jabardo v. Spain, Tirado Ortiz and Lozano Martin v. Spain, Funke v. Swit- zerland, Hurtado v. Switzerland, J.B. v. Switzer- Separate opinions land, Schenk v. Switzerland, Içöz v. Turkey, Koç v.Turkey, Gennadi Naoumenko v. Ukraine, Allan v. Concurring and dissenting opinions were the United Kingdom, Chahal v. the United King- dom, Choudhary v. the United Kingdom, D. v. the expressed. They deal with questions such as: the United Kingdom, Findlay v. the United Kingdom, scope of prohibition of torture and inhuman or Ireland v. the United Kingdom. Keenan v. the United Kingdom, Khan v. the United Kingdom, degrading treatment, the borderline between tor- P.G. and J.H. v. the United Kingdom, Price v. the ture and ill-treatment, the raison d’être for the United Kingdom, Saunders v. the United Kingdom. privilege against self-incrimination.

6 European Court of Human Rights Human rights information bulletin, No. 69

Judgment of 4.07.2006 Ramirez Sanchez v. France Case judged by a chamber of the Court on Prohibition of inhuman and degrading treatment (Article 3), right to an effective 27 January 2005 and remedy (Article 13) referred to the Grand Chamber upon the appli- Facts and complaints stood that they should have considered cant’s request. Concerns: The applicant – better known as “Carlos it necessary to take extraordinary secu- Length of time spent in the Jackal” – is a Venezuelan national rity measures to detain a man who solitary confinement. who is currently detained in France. He during the 1970s was viewed as the most Conclusions of the Court: was placed under investigation in con- dangerous terrorist in the world and non-violation of who, in addition, had never expressed Article 3, violation of nection with a series of terrorist attacks Article 13 and sentenced to life imprisonment. For any remorse. more than eight years he was held in sol- Conditions in which the applicant was held itary confinement due to his dangerous- The Court found that the physical con- ness, the need to maintain order and ditions in which the applicant had been security in the prison and the risk of his detained were proper and complied with absconding. On each occasion, the appli- the European Prison Rules that had been cant underwent medical examinations adopted by the Committee of Ministers to determine his fitness for solitary con- on 16 January 2006. These conditions finement. Although initially they did had also been considered as “globally not oppose the measure, from July 2000 acceptable” by the European Committee onwards the doctors were no longer pre- for the Prevention of Torture and pared to sanction it and refused to cer- Inhuman or Degrading Treatment or tify that the applicant was fit enough to Punishment in its visit from 14 to 26 remain in solitary confinement. May 2000. In October 2002 the applicant was transferred in another prison, where he was The Court further noted that the appli- held under the ordinary prison regime. cant had received numerous visits and, However, following a telephone interview therefore, had not been in complete sen- for a television programme in which he sory isolation or total social isolation. refused to express any remorse to the Duration of the solitary confinement victims of his crimes – he put the number The Court noted that a prisoner’s segre- of dead at between 1 500 and 2 000 – he gation from the prison community did was transferred to another prison, where not in itself amount to inhuman treat- he was once again held in solitary con- ment. In many States parties to the Con- finement. Since January 2006 he is held vention more stringent security measures under the ordinary prison regime. existed for dangerous prisoners. The applicant complained that his pro- However, substantive reasons had to be longed solitary confinement from 15 given when a protracted period of soli- August 1994 to 17 October 2002 and tary confinement was extended and from 18 March 2004 to 6 January 2006 such measures were to be resorted to had violated Article 3 of the European only exceptionally and after every pre- Convention on Human Rights. He also caution had been taken. alleged that the authorities had not followed the correct procedure for pro- In that connection, the Court noted that longing his solitary confinement, in the decisions to prolong the applicant’s breach of Article 13 of the Convention. Court/European Commission on Human Rights Decision of the Court case-law cited in the judgment Ahmed v. Austria, Assenov and others v. Bulgaria, Article 3 Rohde v. Denmark, K. and T. v. Finland, Raninen v. Finland, Selmouni v. France, Ensslin, Baader and The Court observed that, even in the Raspe v. Germany, Dougozv. Greece, Peers v. Greece, Argenti v. Italy, Gallico v. Italy, Guerra and most difficult circumstances, such as the others v. Italy, Indelicato v. Italy, Labita v. Italy, fight against terrorism and organised Messina No. 2 v. Italy, Natoli v. Italy, Ilaşcu and others v. Moldova and Russia, Lorsé and others v. crime, the Convention prohibited in the Netherlands, Mathew v. the Netherlands, absolute terms torture and inhuman or Kudla v. Poland, Kalachnikov v. Russia, Kröcher- Möller v. Switzerland, Göç v. Turkey, Ilhan v. Tur- degrading treatment or punishment. key, Öçalan v. Turkey, Refah Partisi and others v. Turkey, Chahal v. the United Kingdom, Ireland v. It acknowledged that the applicant’s the United Kingdom, Kingsley v. the United King- detention had posed serious difficulties dom, Silver and others v. the United Kingdom, V. v. the United Kingdom for the French authorities and under-

Grand Chamber judgments 7 Council of Europe solitary confinement were taken in was concerned by the particularly accordance with the instruction set out lengthy period the applicant had spent in the circular of 8 December 1998, in solitary confinement and had duly which was applicable in his case. The noted that since 5 January 2006 he had applicant had received very regular visits been held under the ordinary prison from doctors, and himself had stated regime, a situation which, in the Court’s that he was in perfect mental and phys- view, should not in principle be changed ical health. in the future. The Court nevertheless wished to Article 13 emphasise that solitary confinement, In 1996 the applicant had appealed to even in cases entailing only relative isola- the administrative court against an order tion, could not be imposed on a prisoner for him to be held in solitary confine- indefinitely. Moreover, it was essential ment. The appeal was dismissed on 25 that the prisoner should be able to have November 1998, on the ground that the an independent judicial authority review order was an internal measure that could the merits of and reasons for a prolonged not be referred to the administrative measure of solitary confinement. It courts. In that connection, the Court would also be desirable for alternative noted that the Conseil d’Etat had solutions to solitary confinement to be changed its jurisprudence on that sub- sought for persons considered dan- ject in July 2003 by accepting that a deci- gerous. The Court noted in particular sion to place a prisoner in solitary that after being held in normal condi- confinement could be reviewed by the tions the applicant was returned to soli- administrative courts. tary confinement after giving an interview in which in which he had Accordingly, the Court concluded that refused to express any remorse to the there had been a violation of Article 13, victims of his crimes. The authorities on account of the lack of a remedy in had not, therefore, sought to humiliate French law that would have allowed the or debase him by systematically pro- applicant to contest the decision to pro- longing his solitary confinement, but to long his detention in solitary confine- find a solution adapted to his character ment and dangerousness. Lastly, the Court Note also had regard to the Government’s The Court held that it is essential that prisoners concerns that the applicant might use should be able to have an independent judicial communications either inside the prison authority review the merits of and reasons for a or on the outside to re-establish contact prolonged measure of solitary confinement. It with members of his terrorist cell, to also sought desirable that alternative solutions to seek to proselytise other prisoners or to solitary confinement be sought for persons con- prepare an escape. sidered dangerous and for whom detention in an In conclusion, the Court that the condi- ordinary prison under the ordinary regime is tions in which the applicant was held considered inappropriate. during the period under consideration had not reached the minimum level of Separate opinions severity necessary to constitute A dissenting opinion was expressed, along inhuman or degrading treatment within which such a long period of solitary confine- the meaning of Article 3 of the Conven- ment as the one the applicant was subjected to tion. Despite the very special circum- have attained the minimum level of severity stances obtaining in the case, the Court required to constitute inhuman treatment.

8 European Court of Human Rights Human rights information bulletin, No. 69

Chamber judgments

Judgment of 17.10.2006 Bazorkina v. Russia Concerns: Disappearance of the Right to life (Article 2), prohibition of inhuman or degrading treatment (Article 3), applicant’s son after right to liberty and security (Article 5), right to an effective remedy (Article 13) being apprehended by Russian military serv- Facts and complaints The investigation established that the icemen in Chechnya. applicant’s son had been detained on 2 Conclusions of the Court: The applicant is a Russian national who violation of the articles lives in Ingushetia (Russia). She com- February 2000 in Alkhan-Kala. Immedi- in question. plained on her own behalf and on behalf ately after arrest he was handed over to of her son, Khadzhi-Murat Yandiyev. servicemen of the Ministry of Justice for transportation to a pre-trial detention The applicant submitted that in August centre. Mr Yandiyev did not arrive at any 1999 her son went to Grozny, Chechnya, pre-trial detention centre and his subse- and that she had not heard from him quent whereabouts could not be estab- since. On 2 February 2000, she saw her lished. son being interrogated by a Russian officer in a television news programme Colonel-General Baranov was ques- about the capturing of the village of tioned twice about the events and stated Alkhan-Kala. She later obtained a full that he had not given an order to “shoot” copy of the recording, made by a reporter Mr Yandiyev, but that he had intended for NTV (Russian Independent TV) and to stop his aggressive behaviour and to CNN. At the end of the questioning the prevent possible disturbances. He stressed officer in charge gave instructions for the that the servicemen surrounding him soldiers to “finish off” and “shoot” the were not his subordinates and thus applicant’s son. The CNN journalists could not have taken orders from him. who filmed the interrogation later iden- Between July 2001 and February 2006 tified the interrogating officer as the investigation was adjourned and reo- Colonel-General Alexander Baranov, the pened six times. commander of the troops which cap- The applicant submitted that her son tured Alkhan-Kala. was ill-treated and killed by federal Immediately after the applicant began a forces and that no effective investigation search for her son, visiting detention was carried out into the circumstances centres and prisons and applying to var- of his ill-treatment and “disappearance”. ious authorities. In August 2000 she was She also maintained, for herself, that she informed that her son was not being suffered anguish and emotional distress held in any prison in Russia. in connection with the “disappearance” In November 2000 a military prosecutor of her son. issued a decision not to open a criminal investigation into Mr Yandiyev’s disap- Decision of the Court pearance. A month later the same prose- Article 2 cutor stated that there were no reasons to conclude that military servicemen The presumed death of Mr Yandiyev were responsible for the actions shown The Court recalled that detained persons in the videotape. were in a vulnerable position and that In July 2001 a criminal investigation was the authorities were under a duty to pro- opened by the Chechnya Prosecutor’s tect them. The obligation on the author- Office into the abduction of Mr Yandiyev ities to account for the treatment of a by unidentified persons. It later tran- spired that he had been placed on a Court/European Commission on Human Rights case-law cited in the judgment missing persons list. Ribitsch v. Austria, Anguelova v. Bulgaria, Assenov and others v. Bulgaria, Selmouni v. France, Klaas v. In November 2003 Ms Bazorkini’s appli- Germany, Avsar v. Turkey, Aydin v. Turkey, Çakici cation to the European Court of Human v. Turkey, Ertak v. Turkey, Gül v. Turkey, Güleç v. Turkey, Ilhan v. Turkey, Kaya v. Turkey, Mahmut Rights was communicated to the Rus- Kaya v. Turkey, Ögur v. Turkey, Salman v. Turkey, sian Government. Following the Court’s Süheyla Aydin v. Turkey, Tanrikulu v. Turkey, Tepe v. Turkey, Timurtas v. Turkey, Boyle and Rice v. decision on admissibility, the Government the United Kingdom, Ireland v. the United King- submitted a copy of the criminal investi- dom, McCann v. the United Kingdom, McKerr v. the United Kingdom. gation file.

Chamber judgments 9 Council of Europe detained individual was particularly the absence of any plausible explanation stringent where that individual died or as to what became of him caused her to disappeared after being taken into police suffer distress and anguish, and that the custody. manner in which her complaints had The Court observed that it was undis- been dealt with by the authorities could puted that Mr Yandiyev was detained be construed as amounting to inhuman during a counter-terrorist operation and treatment. The Court concluded there- that there had been no reliable news of fore that there had been a violation of him since that date. Article 3. In the absence of any plausible explana- The allegation that the applicant’s son had been tion submitted by the Russian Govern- subjected to ill-treatment in detention ment, the Court was satisfied that Mr Since the information before it does not Yandiyev had to be presumed dead fol- enable the Court to find beyond all rea- lowing unacknowledged detention. sonable doubt that the applicant’s son Noting that the authorities did not rely was subjected to ill-treatment, the Court on any ground of justification in respect considered that there was insufficient of use of lethal force by their agents, it evidence for it to conclude that there has followed that liability is attributable to been a violation of Article 3 on this the Russian Government. Accordingly, account. the Court found that there had been a Article 5 violation of Article 2. The fact that the federal authorities con- The inadequacy of the investigation cealed their involvement in Mr Yandiev’s The Court noted that, the investigation detention constitutes a most serious was opened a year and five months after failing to their obligations and is incom- the events at issue and was plagued by patible with the very purpose of Article 5. inexplicable delays. Furthermore, most Furthermore, the authorities failed to of the actions necessary for solving the take prompt and effective measures to crime occurred only after December safeguard Mr Yandiyev against the risk 2003, when the applicant’s complaint of disappearance. He was held in unac- was communicated to the Russian Gov- knowledged detention in the complete ernment. The Court found that those absence of the safeguards contained in delays alone compromised the effective- Article 5 and that there had been a viola- ness of the investigation and could not tion of the right to liberty and security of but have had a negative impact on the person guaranteed by that provision. prospects of arriving at the truth. Article 13 The Court also noted a number of serious omissions which were evident to The Court found that the applicant the prosecutors, who ordered certain should have been able to avail herself of steps to be taken. However, their effective and practical remedies capable instructions were either not followed or of leading to the identification and pun- were followed with an unacceptable ishment of those responsible and to an delay. award of compensation. However, in view of the fact that the criminal inves- In the light of those circumstances, the tigation was ineffective, the Court Court found that the authorities failed found that the State had failed in its obli- to carry out an effective criminal investigation under Article 13. Consequently, it gation into the circumstances surrounding found that there had been a violation of the disappearance and presumed death Article 13 in connection with Articles 2 of Mr Yandiyev and held that there had and 3. been a violation of Article 2. The Court awarded the applicant €35 000 Article 3 for non-pecuniary damage, to be paid to Concerning the suffering inflicted upon the appli- the applicant’s legal representatives. cant Note The Court noted that the applicant had In addition to the fact that the judgment deals seen her son, on video, being questioned with the crucial question of enforced disappear- and led off by soldiers following remarks ances in Chechnya, it raises the question of the inferring that he would be executed, and subsidiary nature of the role of the European

10 European Court of Human Rights Human rights information bulletin, No. 69

Court of Human Rights, which should not take On this matter, cf. Parliamentary Assembly Rec- the role of a first-instance tribunal of fact. None- ommendation 1719 (2005) on enforced disap- theless, where allegations are made under Arti- pearances, as well as the recent UN Convention, cles 2 and 3 of the Convention the Court must the first universally binding treaty that defines apply a particularly thorough scrutiny even if enforced disappearance as a human rights viola- certain domestic proceedings and investigations tion and prohibits it. have already taken place.

Judgment of 17.10.2006 Okkali v. Turkey Concerns: Ill treatment of a 12- Prohibition of torture (Article 3) year-old boy while in police custody. Facts and complaints The applicant brought an action for Conclusions of the Court: The case concerned alleged ill-treatment damages against the Ministry of the violation of the article in Interior. The administrative courts dis- question. inflicted by the police on a 12-year-old boy, apprentice in a garage, accused by missed his action as being time-barred. his employer of stealing some money. Decision of the Court The young boy was taken by his It was not in dispute that the applicant employer to a police station, where he had been the victim of ill-treatment by was interrogated by a superintendent police officers: the criminal complaint and an officer. lodged by the applicant had led to their When his father went to the police sta- conviction. tion, he signed a declaration that his son The Court regretted that neither the had not been tortured or ill-treated, and domestic judgments nor the Govern- that he did not wish him to be examined ment’s observations had contained any by a doctor. reference to the particular seriousness of the impugned act on account of the However, once outside the police station victim’s age, or to any domestic legisla- the boy staggered, tottered and vomited. tion on the protection of minors. More- Back at home, his parents saw numerous over, the fact that the proceedings had injuries and bruises on his body. The resulted in impunity left some doubt as child then told his father that he had to the dissuasive effect of the judicial been beaten by his interrogators. system that was supposed to protect Numerous and large haematomas and anyone, whether minors or adults, from bruising were observed by a doctor in a acts in breach of the absolute prohibition hospital – who hospitalised the child – laid down in Article 3. and two forensic doctors. In addition, the applicant alleged that The public prosecutor questioned the the police officers in question had subse- police officers involved and indicted quently been promoted, which the Gov- them for “obtaining by a public official of ernment did not mention in their a confession under torture”. The Assize observations. The Court did not draw Court acknowledged that the child had any significant conclusion from that been beaten by police officers but decided omission but nevertheless regarded it as to reclassify the offence as “assault and noteworthy. ill-treatment”. It handed down the min- The domestic courts had mitigated the imum sentence, which it mitigated on sentences given to the defendants on the account of the defendants’ good conduct ground that they had made “fully during the trial, then commuted the explained confessions”, and had ordered prison sentence to a fine and ordered a a stay of execution on account of their stay of execution. The applicant lodged remorse. However, those grounds were an appeal on points of law and the Court not substantiated by the case file. In the of Cassation, reclassifying the offence as the obtaining of a confession under Court/European Commission on Human Rights duress, referred the case back to the case-law cited in the judgment De Cubber v. Belgium, Assenov and others v. Bul- Assize Court. The Assize Court once garia, Laurence Dujardin v. France, Slimani v. again handed down the minimum pen- France, Manoussakisand others Greece, Aquilina v. Malta, De Haan v. the Netherlands, Abdülsamet alty, which it reduced, and then ordered Yaman v. Turkey, Kaya v. Turkey, Öneryildiz v. a stay of execution. That judgment was Turkey, Parlak, Aktürk and Yay v. Turkey, A. v. the United Kingdom, McKerr v. the United Kingdom. upheld by the Court of Cassation.

Chamber judgments 11 Council of Europe

Court’s view, the judges’ decision sug- of their outcome, had failed to provide gested that their power of discretion had appropriate redress for an infringement been used to lessen the consequences of of the principle enshrined in Article 3. an extremely serious unlawful act rather The Court awarded the applicant €10 000 than to show that such acts could in no for non-pecuniary damage. way be tolerated. Note In conclusion, the Court considered that the criminal-law system, as applied in The Court reaffirms its constant case-law, under the applicant’s case, had proved to be far which an official and effective investigation must from rigorous and had had no dissuasive be carried out when an individual makes a cred- effect capable of ensuring the effective ible assertion that he has suffered treatment prevention of unlawful acts such as infringing Article 3 at the hands of the police or those complained of by the applicant. other similar authorities. It states that this The Court accordingly found that the requirement concerns the whole procedure, impugned criminal proceedings, in view including the judgment stage.

Rivière v. France Judgment of 11.07.2006 Concerns: Prohibition of inhuman or degrading treatment (Article 3) Conditions of detention inappropriate for a Facts and complaints atric and psychological support, had person with a mental disorder. The applicant is a prisoner sentenced to twice been compulsorily admitted to Conclusions of the Court: life imprisonment, eligible for release hospital, and is seeing a psychiatrist once violation of the article in since 1991. He married in prison. a month and a psychiatric nurse once a question. week. The Court was aware in those cir- In July 2002 the regional parole court dis- cumstances that the prison authorities missed an application for the applicant’s had not remained passive and had made release on licence, finding that there efforts to alleviate the applicant’s mental were no clear and structured plans to disorder from a medical point of view. provide him with proper social, educational, medical and psychological sup- However, the Court noted that Article port on his release. D.398 of the Code of Criminal Procedure In the context of his subsequent appeal provided that prisoners with mental dis- the applicant was examined by a psychi- orders could not be held in an ordinary atrist who issued a certificate stating prison but were to be compulsorily that the applicant was psychotic with admitted to hospital by order of the pre- suicidal tendencies and that his condi- fect. That provision was confirmed by tion required hospital treatment. Article L.3214-1 of the Public Health Code, which stated that detainees suf- After making a fresh application to be fering from mental disorders should be released on licence, the applicant was admitted to a specially designed wing of examined by several experts, who con- an ordinary health-care institution, and cluded that the applicant, whose psychi- is also provided for in Recommendation atric disorder had emerged during his No. R (98) 7 of the Committee of Minis- time in prison, was now suffering from a ters of the Council of Europe concerning chronic mental illness, in particular the ethical and organisational aspects of involving a compulsion towards self- health care in prison. strangulation. In January 2004 the regional parole court Lastly, the Court pointed out that pris- refused an application for the applicant’s oners with serious mental disorders and release on licence, holding that although suicidal tendencies required special his condition had improved in psychi- measures geared to their condition, atric terms, his proposal to live on his regardless of the seriousness of the release with a wife with whom he had Court/European Commission on Human Rights never previously cohabited was unfea- case-law cited in the judgment sible. Aerts v. Belgium, Gelfmann v. France, Matencio v. France, Mouisel v. France, Peers v. Greece, Kudla v. Decision of the Court Poland, Hurtado v. Switzerland, Gennadi Naou- menko v. Ukraine, Ilhan v. Turkey, Keenan v. the The Court noted, among other things, United Kingdom, McGlinchey and others v. the United Kingdom, Price v. the United Kingdom. that the applicant had received psychi-

12 European Court of Human Rights Human rights information bulletin, No. 69

offence of which they had been con- Note victed. The Court reaffirms that even if the Convention does not contain any provision relating specifi- In those circumstances, the Court con- cally to the situation of persons deprived of their sidered that the applicant’s continued liberty, the detention of a sick person in inappro- detention without medical supervision priate conditions can constitute a treatment con- appropriate to his current condition trary to Article 3. entailed particularly acute hardship and caused him distress or adversity of an In a separate opinion, a judge considered that intensity exceeding the unavoidable the judgment did not give a clear answer to the level of suffering inherent in detention. applicant’s complaint, which did not rely on the It accordingly concluded that he had quality of the medical care during his detention, been subjected to inhuman and but on the fact that his case would require a psy- degrading treatment. chiatric treatment outside prison. He saw a diffi- culty, for the Government, to fulfil its obligation The Court awarded the applicant €5 000 to put an end to a lasting violation of the Con- for non-pecuniary damage. vention.

Judgment of 8.08.2006 Hüseyin Esen v. Turkey Concerns: Torture inflicted while Prohibition of torture (Article 3), right to liberty and security (Article 5 §3), right to in police custody, length have lawfulness of detention decided speedily by a court (Article 5 §4), right to a of detention pending fair trial within a reasonable time (Article 6 §1), right to an effective remedy trial and inability to have its lawfulness (Article 13) reviewed, length and Facts and complaints unfairness of criminal The applicant made several requests to proceedings. be released. These were rejected by Conclusions of the Court: On 9 September 1996 the applicant was Istanbul State Security Court, which violation of the articles arrested on suspicion of belonging to the based its decisions on the contents of the in question. illegal armed organisation MLKP case file, the evidence and the nature of (Marxist-Leninist Communist Party) the offence. However, the applicant was and was taken into police custody at the released on 30 January 2002. headquarters of the anti-terrorism On 31 January 2003 the state security branch of Istanbul Security Directorate. court found the applicant guilty as The applicant alleged that, while in charged and sentenced him to 12 years police custody, he was ill-treated by and six months’ imprisonment. That police officers attempting to extract a decision was set aside, and the case is confession from him. The officers struck currently pending before the Istanbul him, hung him by the arms, hosed him Assize Court. with water, issued death threats to him In the meantime, on 14 October 1996, and administered electric shocks. He had the applicant and sixteen co-defendants then, under duress, signed a statement lodged complaints alleging ill-treatment confessing to membership of the illegal on the part of the seven police officers organisation and involvement in its who had questioned them in police cus- activities. tody. On 25 April 2002 the assize court characterised the acts as torture and sen- On 18 September 1996 the applicant was tenced the police officers to imprison- examined by a doctor at the Istanbul ment and ordered that they be Institute for Forensic Medicine, who temporarily suspended from their posts. noted marks consistent with the allega- On 5 May 2004, however, the Court of tions of ill-treatment. Cassation declared the criminal prosecu- The same day the applicant was brought tion time-barred. before a judge, who ordered his deten- Decision of the Court tion pending trial. Criminal proceedings were instituted against the applicant, Article 3 who was charged with involvement in The Court noted that the medical report armed action aimed at destroying the drawn up at the end of the applicant’s constitutional order and replacing it time in police custody reported signs of with a State based on Marxist-Leninist ill-treatment and prescribed seven days’ principles. sick leave for the applicant. It noted fur-

Chamber judgments 13 Council of Europe ther that the Istanbul Assize Court had could generally be regarded as essential characterised the acts to which the appli- in maintaining public confidence in their cant had been subjected as torture. In adherence to the rule of law and in pre- those circumstances, the Court consid- venting any appearance of collusion in or ered that the violence inflicted on the tolerance of unlawful acts. In the appli- applicant, taken as a whole and having cant’s case, the Court observed that the regard to its duration and purpose, had police officers had been able to act with been particularly serious and cruel and complete impunity in spite of the con- capable of causing “severe” pain and suf- crete evidence against them established fering. It should therefore be classified as by the court of first instance. torture. In the circumstances, the Court took the Article 13 view that the Turkish authorities could not be considered to have acted The Court observed that an investiga- promptly to ensure that the police tion had been launched in response to officers implicated did not enjoy virtual the complaint lodged by the applicant, impunity. It therefore held that there which had resulted in the conviction of had been a violation of Article 13. the police officers concerned for torture. However, the criminal prosecution had Article 5 §§3 and 4 become time-barred after five years, The Court noted that the applicant had with the result that the police officers’ been held in detention pending trial for convictions had been quashed. The five years and four months. However, in Court therefore had to determine the written grounds of the orders for his whether the investigation and the crim- continued detention, the judicial author- inal proceedings had been conducted ities had failed to specify how the risk with diligence and whether the judicial that the applicant might abscond or proceedings could be said to have been destroy evidence could have persisted for “effective” or not. so long. Furthermore, although “the state of the evidence” could be under- In that connection, the Court noted that stood as indicating the existence and per- the assize court had waited almost five sistence of serious indications of guilt years after the complaint was lodged and, in general, those circumstances before delivering its judgment con- could be relevant factors, they could not victing the police officers, while the on their own justify the continuation of Court of Cassation had taken two years the detention for such a long period. to examine the case. The Turkish Gov- Consequently, the Court held that there ernment had not produced any evidence had been a violation of Article 5 §3. to justify the lack of headway made by the proceedings. The Court further observed that all the requests for release made by the appli- The Court considered that the judicial cant had been rejected for identical rea- authorities had a duty to do everything sons. It considered that the applicant in their power to ensure that the crim- had not had an effective remedy by inal proceedings were completed before which to challenge the lawfulness of his the limitation period expired. A prompt detention pending trial. It therefore held response by the authorities in cases that there had been a violation of involving allegations of ill-treatment Article 5 §4.

Court/European Commission on Human Rights Article 6 §1 case-law cited in the judgment Assenov v. Bulgaria, Ilijkov v. Bulgaria, I.A. v. France, Letellier v. France, Pélissier and Sassi v. The Court noted that the proceedings in France, Selmouni v. France, Tomasi v. France, issue had lasted for more than nine-and- Wemhoff v. Germany, Portington v. Greece, Con- trada v. Italy, Guerra and others v. Italy, Indelicato a-half years to date. Having regard to the v. Italy, Labita v. Italy, De Jong, Baljet and Van circumstances of the case, it considered Den Brink v. the Netherlands, Van Der Sluijs, Zuiderveld and Kapple v. the Netherlands, Kudla v. that such a period was excessive and did Poland, Kalachnikov v. Russia, W. v. Switzerland, not satisfy the “reasonable-time” Abdülsamet Yaman v. Turkey, Aksoy v. Turkey, Bati and others v. Turkey, Büyükdag v. Turkey, requirement. Demirel v. Turkey, Mansur v. Turkey, Özgür Kiliç v. Tu r k e y, S a h m o v. Tu r k e y, S a l m a n v. Tu r k e y, Pa u l The Court awarded the applicant €10 000 and Audrey Edwards v. the United Kingdom. for non-pecuniary damage.

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Judgment of 12.10.2006 Mubilanzila Mayeka and Kanika Mitunga v. Belgium Concerns: 5-year-old child Prohibition of inhuman treatment (Article 3), right to liberty and security (Article 5 detained in a transit §4), right to respect for family life (Article 8) centre and removed to the country of origin Facts and complaints The Court noted that Tabitha was held without being accompa- in the same conditions as adults. Owing nied by a parent. The applicants, Pulchérie Mubilanzila to her very young age, the fact that she Conclusions of the Court: Mayeka and her daughter Tabitha Kaniki was an illegal alien in a foreign land, that violation of the articles Mitunga are Congolese nationals. Mrs in question. she was unaccompanied by her family Mubilanzila Mayeka obtained refugee from whom she had become separated status in Canada in July 2001. She asked and that she had been left to her own her brother, a Dutch national living in the devices, Tabitha suffered considerable Netherlands, to collect Tabitha, who distress. In the Court’s view, her deten- was then five years old, from the Demo- tion demonstrated a lack of humanity to cratic Republic of the Congo and to look a degree that amounted to inhuman after her until she was able to join her in treatment. Canada. The Court therefore held that Tabitha’s On 18 August 2002 shortly after arriving rights under Article 3 had been violated at Brussels airport, Tabitha was detained on account of her conditions of detention. in a transit centre because she did not have the necessary documents to enter – Regarding her mother’s rights Belgium. The uncle who had accompa- The Court had no doubt that, as a nied her to Belgium returned to the mother, Ms Mubilanzila Mayeka had Netherlands. On the same day a lawyer suffered deep distress and anxiety as was appointed by the Belgian authorities result of her daughter’s detention. to assist Tabitha. An application for Tabitha’s deportation asylum that had been lodged on behalf of Tabitha was declared inadmissible by the – Regarding Tabitha’s rights Belgian Aliens Office, as well as a request The Court considered that the Belgian to place the child in the care of foster authorities had not sought to ensure parents. that Tabitha would be properly looked after or had regard to the real situation On 16 October 2002 the Chambre de she was likely to encounter when she conseil of the Brussels Court of First returned to her country of origin. In Instance held that Tabitha’s detention view of the conditions of its implemen- was incompatible with the New York tation, her removal was bound to have Convention on the Rights of the Child caused her extreme anxiety. It demon- and ordered her immediate release. On strated such a total lack of humanity the same day the Office of the High towards a very young, unaccompanied Commissioner for Refugees sought per- minor as to amount to inhuman treat- mission from the Aliens Office for ment. The Court further found that, by Tabitha to remain in Belgium while her deporting Tabitha, Belgium had violated application for a Canadian visa was its positive obligations to take requisite being processed and explained that her measures and preventive action. mother had obtained refugee status in Canada. Court/European Commission on Human Rights case-law cited in the judgment The following day, 17 October 2002, Aerts v. Belgium, Csonka v. Belgium, De Wilde, Tabitha was removed to the Democratic Ooms and Verzyp v. Belgium, Moustaquim v. Bel- gium, Amrollahi v. Denmark, Hokkanen v. Fin- Republic of Congo. land, Nuutinen v. Finland, Raninen v. Finland, Amuur v. France, Beldjoudi v. France, Bozano v. At the end of October 2002 Tabitha France, Ghanoré v. France, Mokrani v. France, joined her mother in Canada following Selmouni v. France, Adam v. Germany, K.-F. v. Ger- many, Niemietz v. Germany, Von Hannover v. the intervention of the Belgian and Germany, D.G. v. Ireland, Keegan v. Ireland, Canadian Prime Ministers. Beyeler v. Italy, Botta v. Italy, Slivenko v. Latvia, Nsona v. the Netherlands, Winterwerp v. the Netherlands, Johansen v. Norway, Ignaccolo- Decision of the Court Zenide v. Romania, Eriksson v. Sweden, Olsson v. Sweden, Boultif v. Switzerland, Çaciki v. Turkey, Article 3 Hamiyet Kaplan and others v. Turkey, A. v. the United Kingdom, Chahal v. the United Kingdom, Osman v. the United Kingdom, Soering v. the Tabitha’s detention United Kingdom, Weeks v. the United Kingdom, Z. and others v. the United Kingdom. – Regarding Tabitha’s rights

Chamber judgments 15 Council of Europe

– Regarding her mother’s rights Article 5

The Court noted, in particular, that the Tabitha’s detention Belgian authorities had not troubled to advise Ms Mubilanzila Mayeka of her Tabitha was detained in a closed centre daughter’s deportation and that she intended for illegal foreign aliens in the only became aware of her daughter’s same conditions as adults. The Court expulsion after she had already been considered that the Belgian legal system deported. The Court had no doubt that at the time and as it functioned in the this caused Ms Mubilanzila Mayeka case before it had not sufficiently pro- deep anxiety. The disregard such con- tected her right to liberty. duct showed for her feelings and other Tabitha’s deportation evidence in the file led the Court to find that the threshold of gravity had been The Court noted that the Belgian attained. authorities had decided on the date of Article 8 Tabitha’s departure the day after she lodged her application to the chambre de Tabitha’s detention conseil for release from detention, that is One of the consequences of Tabitha's to say even before the chambre de detention was to separate her from her conseil had ruled on it. They had not uncle, with the result that the she had sought to reconsider the position at any become an unaccompanied alien minor, stage. Moreover, the deportation had a category in respect of which there was proceeded despite the fact that the 24 a legal void at the time. The detention hour-period for an appeal by the public had significantly delayed her reunion prosecutor had not expired and that a with her mother. The Court further stay applied during that period. noted that, far from assisting her Tabitha’s successful appeal against reunion with her mother, the authori- detention was thus rendered futile. ties’ actions had hindered it. Since there The Court awarded the applicants was no risk of Tabitha’s seeking to evade €35 000 for non-pecuniary damage. the supervision of the Belgian authorities, her detention in a closed centre for Note adults served no purpose and other measures could have been taken. The Court recalled that, when assessing the level of severity of an ill-treatment, regard must be had Tabitha’s deportation to the fact that the Convention is a “living instru- When they deported Tabitha the Belgian ment which must be interpreted in the light of authorities not only failed to facilitate present-day conditions” [and] that “the increas- her reunion with her mother, they also ingly high standard being required in the area of failed to ensure that she would be cared the protection of human rights and fundamental for on her arrival in Kinshasa. Accord- liberties correspondingly and inevitably requires ingly, Belgium had failed to comply with greater firmness in assessing breaches of the fun- its positive obligations and had dispro- damental values of democratic societies.” In the portionately interfered with the appli- case, the absolute protection afforded by cants’ rights to respect for their family Article 3 should have taken precedence over the life. status of illegal immigrant.

Chraidi v. Germany Judgment of 26.10.2006 Concerns: Right to liberty and security (Article 5 §3) Length of a detention on remand of an individual suspected of having Facts and complaints having organised the bomb attack. On organised a bomb attack. The applicant, Yasser Chraidi, is a state- 13 November 2001 he was convicted of Conclusions of the Court: aiding and abetting murder, attempted no violation of the less person who was born in Lebanon article in question. where he now lives. When lodging his murder and causing an explosion. application, he was detained in Berlin. The applicant complained, in particular, On 24 May 1996 the applicant was about the excessive length of his deten- extradited to Germany from Lebanon tion on remand which lasted approxi- and held in detention. He was accused of mately five-and-a-half years.

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Decision of the Court released, given the sentence which he Whether it is reasonable for an accused risked incurring if found guilty as to remain in detention must be assessed charged. As regards the third reason, the in each case. Continued detention can be Court observed that the possibility of a justified in a given case only if there are severe sentence alone is not sufficient specific indications of a genuine require- after a certain lapse of time to justify the ment of public interest which, notwith- continued detention based on the danger standing the presumption of innocence, of flight. But it observed that the appli- outweighs the rule of respect for indi- cant never had a fixed dwelling nor social vidual liberty. bonds in Germany which would had prevented him from absconding if released, As regards the grounds for the appli- and that under German legislation no cant’s continued detention, the Court hearing could be held against an accused noted that the competent judicial who absconded and whose whereabouts authorities advanced three principal rea- are unknown. sons: the applicant remained under a strong suspicion of having committed It remained to the Court to be ascer- the crimes he was accused of, the serious tained whether the judicial authorities nature of these offences and the appli- displayed “special diligence” in the con- cant would be likely to abscond if duct of the proceedings. Having regard to the prosecution of offences committed Court/European Commission on Human Rights in the context of international terrorism, case-law cited in the judgment the competent national courts acted B. v. Austria, De Wilde, Ooms and Versyp v. Bel- gium, Nedyalkov v. Bulgaria, Amuur v. France, I.A. with the necessary special diligence and v. France, Cordier v. Germany, Dzelili v. Germany, there had been no violation of Article 5 §3. Eckle v. Germany, Jansen v. Germany, Klass and others v. Germany, Wemhoff v. Germany, Cuz- zardi v. Italy, Labita v.Italy, Pantano v. Italy, Beck Note v. Norway, Kudla v. Poland, Dalban v. Romania, Van der Tang v. Spain, Brogan and others v. the In a separate, concurring, opinion a judge won- United Kingdom, Murray v. the United Kingdom, ders about the use of the words “international Khoudoyorov v. Russia, Korchuganova v. Russia, Rieme v. Sweden, Lynas v. Switzerland, W. v. Swit- terrorism”. He expressed apprehension that it zerland, Brogan and others v. the United Kingdom, could lead to the belief that it constitutes a spe- Murray v. the United Kingdom. cific category of crime.

Judgment of 27.07.2006 Jurisic and Collegium Mehrerau v. Austria Concerns: Lack of an oral hearing Access to a court (Article 6 §1) before the Administra- tive Court. Facts and complaints Decision of the Court Conclusions of the Court: The applicants are Ivan Jurisic, and the violation of the article in Applicability of Article 6 §1 to the mon- question. Collegium Mehrerau, a monastery situated in Austria. astery In 1998 the monastery applied to the The Court noted in particular that under Bregenz Labour Market Service for an conditions of the Employment of Aliens employment permit allowing it to Act, the applicant monastery, as poten- employ Mr Jurisic as a farm labourer. tial employers had an arguable ground to The application was dismissed in accord- claim the right to an employment permit. ance with the Employment of Foreigners It also noted that, since the validity of an Act, as the maximum quota fixed for the employment contract was dependent on employment of foreigners in the region the grant of an employment permit, the in question had been exceeded. The deci- outcome of the proceedings directly con- sion was confirmed by a upper service cerned the applicant’s civil rights. The and, without a oral hearing, by the Court therefore held unanimously that Administrative Court. the Article was applicable to the pro- The applicant monastery complained about the lack of an oral hearing before Court/European Commission on Human Rights case-law cited in the judgment the Administrative Court. Mr Jurisic Fehr and others v. Austria, Ringeisen v. Austria, claimed that he was denied access to a Schelling v. Austria, Speil v. Austria, Craxi v. Italy, Mennitto v. Italy, B.v. the Netherlands, Belziuk v. court as he had not been party to the Poland, Varela Assalino v. Portugal, Schuler- proceedings concerning the requested Zgraggen v. Switzerland, Osman v. the United Kingdom, Roche v. the United Kingdom. employment permit.

Chamber judgments 17 Council of Europe ceedings concerning the monastery’s it justified dispensing with an oral request for an employment permit. hearing. It therefore held that there had been a violation of Article 6 §1 in that Applicability of Article 6 §1 to Mr Juri- respect. sic The Court found that since Mr Jurisic’s The Court noted that the Employment potential employers claimed the right to of Aliens Act prevented Mr Jurisic from the issue of an employment permit, it bringing his claim for an employment followed that he too had a right to adju- permit before the domestic authorities. dication on his request for an employ- In view of that fact and its conclusion ment permit. It considered that his right that Article 6 §1 was applicable, the to conclude a valid employment contract Court held that there had been a viola- was arguable, and that the dispute he tion of his right of access to a court and wished to bring before the domestic tri- held unanimously that it was not neces- bunals was both directly decisive for this sary to examine his complaint regarding “civil” rights. Article 6 §1 was therefore the lack of an oral hearing. applicable to his proceedings. Note Examination of the complaint In a partly dissenting opinion, a judge considers The Court found that the subject matter that Austrian legislation does not grant a for- of the proceedings before the Adminis- eigner the right to an employment permit and, trative Court was not of such a highly consequently, general locus standi in such pro- technical or exclusively legal nature that ceedings.

Dubinskaya v.Russia Judgment of 27.07.2006 Concerns: Access to a court (Article 6 §1) Length of a proceeding. Conclusions of the Court: Facts and complaints Decision of the Court violation of the articles in question. In May 1995 the applicant, who had Admissibility of the claim been severely injured in a traffic accident The Russian Government argued that in Moscow brought a civil action against the Court did not have competence the car owner and driver seeking com- ratione temporis to examine the appli- pensation for damage. cant’s complaint because the proceedings in her case had been discontinued by In October 1995 the Chertanovskiy Dis- an interim decision of the Chertanovskiy trict Court, in an interim decision which District Court in the end of 1995, that is was submitted to the Moscow Bureau before 5 May 1998 when the Conven- for forensic medical examinations, tion entered into force in respect of ordered a medical examination of the Russia. applicant. According to the Govern- The Court reiterated that it may have ment, the District Court repeatedly regard to the facts prior to ratification asked the applicant’s lawyer to produce inasmuch as they could be considered to additional medical information have created a situation extending requested by the Bureau. In the absence beyond that date or may be relevant for of any reply, the court discontinued the the understanding of facts occurring proceedings. after that date. Turning to the facts of the present case, it had to establish The applicant maintained that neither whether, on the date when the Conven- she nor her lawyer had received such tion entered into force in respect of requests and that they had not been Russia, the applicant’s claim was still informed that the court had closed the pending before the domestic courts. proceedings. The Court recalled that judicial proceed- In 2002 the applicant was informed that ings are considered to be pending until due to the failure to present the additional medical information the appli- Court/European Commission on Human Rights case-law cited in the judgment cant’s claim was never registered and no Brumărescu v. Romania, Hornsby v. Greece, Bur- medical examination was ever carried dov v. Russia, Teterinyv. Russia, Voytenko v.Ukraine. out.

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the parties are definitely able to find out Merits the content of the written judgment in the determination of the merits of a dis- The Court noted that the applicant had pute or a decision on discontinuation of never obtained a judgment on the the proceedings. Moreover, the applicant merits, and contrary to the Govern- having introduced her claim in compli- ment’s assertion found that it was ance with the formal requirements and unreasonable to expect her to re-submit having been advised that a medical her action more than 13 years after the examination would be carried out but circumstances that had given rise to that without further notices from the Dis- claim had occurred. trict Court, on 5 May 1998 she could The Court held unanimously hat there have reasonably assumed that the pro- had been a violation of Article 6 §1 on ceedings on her claim were still pending. account of the domestic authorities’ Taking into account the above consider- failure to examine the applicant’s civil ations, the Court considered that it had claim and awarded Ms Dubinskaya competence ratione temporis to examine €5 000 in respect of pecuniary and non- the applicant’s complaint and dismissed pecuniary damage.

Judgment of 18.07.2006 Pronina v. Ukraine Concerns: Failure to give sufficient Right to a fair trial (Article 6 §1) reasons for a decision to refuse to award a higher Facts and complaints applicant’s claim under Article 46 of the pension. In March 2000 the applicant lodged a Convention, despite explicit references Conclusions of the Court: she made before every judicial instance. violation of the article in claim with the Yalta City Court against question. the local social welfare department, chal- The Court therefore found that, by lenging the refusal of the latter to award ignoring the point altogether, even her a higher pension. In her claim, the though it was specific, pertinent and applicant maintained, among other important, the courts fell short of their things, that under Article 46 of the Con- obligations under Article 6 §1. stitution, her pension should not be The Court awarded the applicant €1 500 lower than the minimum living for non-pecuniary damage. standard.

Her complaint was rejected by the Yalta Note City Court and later, on appeal, by the Supreme Court. Neither court consid- The Court reiterated that Article 6 obliges courts ered her arguments under Article 46 of to give reasons for their judgments, but the the Constitution. extent to which this duty to give reasons applies The applicant complained, in particular, may vary according to the nature of the decision that the domestic courts had failed to and in the light of the circumstances of the case give sufficient reasons for their decisions and and the differences existing in the Con- in her civil case. tracting States with regard to statutory provisions, customary rules, legal opinion and the Decision of the Court presentation and drafting of judgment. In the The Court noted that the domestic Ukrainian legal system, where a physical person courts made no attempt to analyse the has no right of individual petition to the Consti- tutional Court, it is for the domestic courts to Court/European Commission on Human Rights look into the issue of the compatibility of legal case-law cited in the judgment Coëme and others v. Belgium, Gorizdra v. acts with the Constitution and, in case of doubt, Moldova, Ruiz Torija v. Spain, James and others v. to request that constitutional proceedings be ini- the United Kingdom. tiated.

Chamber judgments 19 Council of Europe

Jeličić v. Bosnia and Herzegovina Judgment of 31.10.2006 Concerns: Impossibility for the Right of access to a court (Article 6 §1), Protection of property (Article 1 of Protocol applicant to withdraw No. 1) money from a foreign- currency bank account opened prior to the dis- Facts and complaints former Human Rights Chamber, the solution of the former socialist Federal Human Rights Commission within the Republic of Yugoslavia The case concerned the non-restitution Constitutional Court and the Constitu- despite having obtained by the former Privredna Banka Sarajevo tional Court of Bosnia and Herzegovina: a judgment in her Filijala Banja Luka of foreign-currency they had determined more than one favour. savings deposited prior to the dissolu- thousand “old” foreign-currency cases Conclusions of the Court: tion of the former Socialist Federal violation of the articles and a final and enforceable judgment in question. Republic of Yugoslavia, this despite a ordering the release of savings had been final and enforceable judgment in her made in only five cases. favour. The Court concluded that the essence of Decision of the Court the applicant’s right of access to court was thereby impaired. Article 6 §1 Article 1 of Protocol No. 1 The Government maintained that the present case was exceptional as the judg- The Court recalled that the impossibility ment in question concerned the release of obtaining the execution of a final of the applicant’s “old” foreign-currency judgment in an applicant’s favour con- savings. It would be unacceptable to exe- stituted an interference with the right to cute that judgment without reimbursing the peaceful enjoyment of possessions. other “old” foreign-currency savers at the same time, such a course of action being The interference with the applicant’s simply impossible due to the magnitude possessions was not justified in the cir- of the “old” foreign-currency savings. cumstances of the applicant’s case. Therefore, there had also been a viola- The Court disagreed considered that the tion of the right to protection of prop- situation of the applicant was signifi- erty. cantly different from that of the The Court awarded the applicant majority of “old” foreign-currency savers €163 460 in respect of pecuniary damage who had not obtained any judgment and €4 000 for non-pecuniary damage. ordering the release of their funds. She should not be prevented from benefiting from the success of the litigation on the Note ground of alleged financial difficulties The Court recalled that the right to a court experienced by the State. embodied by Article 6 §1 would be illusory if a Contracting State’s domestic legal system did not The Court did not consider that the pay- protect also the implementation of judicial deci- ment of the award made by the domestic sions. Execution of a judgment given by any courts in the applicant’s case, even with court must therefore be regarded as an integral the accumulated default interest, would part of the “trial” for the purposes of Article 6. be a significant burden for the State let alone result in the collapse of its At present approximately 85 similar cases, sub- economy as suggested by the Govern- mitted on behalf of more than 3 750 applicants, ment. Further, the evidence was that are pending before the European Court of judgments ordering the release of “old” Human Rights. foreign-currency savings were the excep- tion rather than the norm. That had Parliamentary Assembly adopted Resolution been corroborated by the case-law of the 1410 (2004) on the repayment of the deposits of foreign exchange made in the offices of the Court/European Commission on Human Rights Ljubljanska Banka not on the territory of Slov- case-law cited in the judgment Hornsby v. Greece, Brumărescu v. Romania, Bur- enia. The report of the Committee on Legal dov v. Russia, Teteriny v. Russia, Voytenko v. Affairs and Human Rights, (Doc. 10135) gives Ukraine. full information on the question.

20 European Court of Human Rights Human rights information bulletin, No. 69 Questions and answers: Q&A the Library of the European Court of Human Rights

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Questions and answers: the Library of the European Court of Human Rights 21 Council of Europe

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22 Questions and answers: the Library of the European Court of Human Rights Human rights information bulletin, No. 69 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 entrusts the Commit- the direct effect granted to the European tee of Ministers with the supervision of Court’s judgments by domestic courts in the execution of the European Court of their interpretation of the domestic law Human Rights’ (ECHR) judgments and of the Convention), as well as prac- (Article 46, paragraph 2). The measures tical measures such as the recruitment of to be adopted by the respondent state in judges or the construction of adequate order to comply with this obligation detention centres for young offenders, vary from case to case in accordance etc. with the conclusions contained in the In view of the large number of cases judgments. reviewed by the Committee of Minis- The applicant’s individual situation ters, only a thematic selection of those With regard to the applicant’s individual appearing on the agendas of the 970th and 976th Human Rights (DH) meet- situation, the measures comprise nota- 1 bly the effective payment of any just sat- ings (July and October 2006) is pre- isfaction awarded by the Court sented here. Further information on the (including interest in case of late pay- cases mentioned below as well as all ment). Where such just satisfaction is others is available from the Directorate not sufficient to redress the violation General of Human Rights, and on the found, the Committee ensures, in addi- Internet site of the Department for the tion, that specific measures are taken in Execution of Judgments of the European favour of the applicant. These measures Court of Human Rights (DG II). may, for example, consist in granting of As a general rule, information concern- a residence permit, reopening of criminal ing the state of progress of the adoption proceedings and/or striking out of con- of the execution measures required is victions from the criminal records. published some ten days after each DH meeting, in the document called “anno- Preventing new violations tated agenda and order of business” The obligation to abide by the judg- available on the Committee of Minis- ments of the Court also comprises a duty ters’ Web site (see Article 14 of the new of preventing new violations of the same Rules for the application of Article 46, kind as that or those found in the judg- §2, of the Convention adopted in 20062). ment. General measures, which may be required, include notably constitutional 1. Bimonthly meetings devoted to the supervi- or legislative amendments, changes of sion of the execution of judgments. the national courts’ case-law (through 2. Replacing the Rules adopted in 2001.

Internet site of the Department for the Execution of Judgments: http://www.coe.int/T/E/ Human_Rights/execution/ Internet site of the Committee of Ministers: http://www.coe.int/cm/

Main points

970th (July) and 976th During the 970th and 976th meetings satisfaction in some 574 and 612 cases. It (October) DH meetings (July and October 2006), the Committee also looked at around 38 and 129 cases of respectively supervised payment of just individual measures (or groups of cases)

Main points 23 Council of Europe to erase the consequences of violations law and administrative practice). The (such as striking out convictions from Committee also started examining 150/ criminal records, re-opening domestic 370 new Court judgments and consid- judicial proceedings, etc.) and at 18 and ered 16/45 draft final resolutions con- 159 cases (or groups of cases) involving general measures to prevent similar vio- cluding that States have complied with lations (e.g. constitutional and legisla- the Court’s judgments. The Committee tive reforms, changes of domestic case- notably considered:

Individual measures to grant redress for violations of the applicants’ rights, notably

• Responses to the 4th Interim • Possibility of obtaining Resolution in the case of Ilaşcu and reopening of proceedings or other others v. Russia and Moldova where measures to remedy violations of the the Court found the applicants’ deten- right to a fair trial by France (case of tion in the “Moldavian Republic of Yvon) and Italy (cases of Bracci; F. C . B ), Transdniestria” to be arbitrary and Russia and Poland (paternity proceed- unlawful and ordered the immediate ings in the cases of Shofman and Różański, release of the applicants still in detention respectively); (ResDH (2006) 26 of 10 May 2006); • Quashing the applicant’s crim- • Responses of Turkey and Italy to inal convictions imposed in Turkey the CM’s repeated calls to reopen for a refusal to perform compulsory mil- domestic criminal proceedings or itary service on the ground of his consci- otherwise redress the situation of the entious objection (case of Ülke); applicants convicted in violation of their right to a fair trial and still serving heavy • Remedying to the persistent prison sentences (case of Hulki Güneş, infringement of the freedom of asso- ResDH (2005) 113 and Dorigo, ResDH ciation of the applicant association (2005) 85); also Belgium’s and Bul- and its members, already found in garia’s responses to similar prob- several judgments since 2001 (cases lems will be examined respectively in of United Macedonian Organisation Goktepe and Stoichkov and Kounov cases; Ilinden-Pirin and others and United Mace- donian Organisation Ilinden and others); • Re-establishing parents’ access to or regular relationship with their • Remedying the shortcomings children, to remedy violations of their identified by the Court in domestic right to family life, by Germany (case of investigations into abuses by members Görgülü), Italy (case of Bove), Poland of security forces of the United Kingdom (case of Zawadka), Portugal (case of Rei- and of the Russian Federation allegedly gado Ramos) and Romania (case of Pini committed respectively in Northern Ire- and Bertani and Manera and Atripaldi); land and the Chechen Republic.

General measures (constitutional, legislative or other reforms, including the setting up of effective domestic remedies), taken or under way, to prevent new violations similar to those found in the judgments, notably with regard to:

• Tu r k e y ’ s r e s p o n s e t o t h e Court’s Court in its on-site investigations, judgment in the case of Xenides- inter alia with a view to the adoption of Arestis concerning the property rights of a Resolution on the matter (Article 38 displaced Greek Cypriots in Cyprus; §1(a) of the Convention) (see also Further developments on this and ResDH (2001) 66); other issues (notably missing persons) • The problem of excessive length raised in the context of the execution of judicial proceedings, and/or set- of the Cyprus v. Turkey judgment; ting up an effective domestic remedy • The implementation of States’ in this respect, in 22 countries (cases obligation to co-operate with the against Belgium, Bulgaria, Croatia,

24 Execution of the Court’s judgments Human rights information bulletin, No. 69

Cyprus, Czech Republic, Finland, others) and the recent developments with France, Germany, Greece, Hungary, Ire- a view to resolve the problem of land, Italy, Luxembourg, “the former unlawful expropriation in Italy (Bel- Yugoslav Republic of Macedonia”, vedere and other cases); Malta, Poland, Portugal, Romania, • The protection of publishers’ or Russia, Slovakia, Slovenia, Ukraine); demonstrators’ freedom of expres- • Structural problem of non-execu- sion in Austria (case of Albert-Engel- tion of domestic judicial decisions in mann GmbH) and Finland (cases of Russia, Ukraine, Georgia revealed by Goussev and Marenk; Soini and others); numerous judgments and complaints. A similar problem also recently raised in • Delay in adoption by Bulgaria of Albania (case of Qufaj Co. Sh. P. K.); legal reform allowing for judicial review of expulsion decisions taken on • Discrimination against specific national security grounds (case of Al- groups or members thereof in Bul- Nashif); garia (case of UMO Ilinden and others), Romania (case of Moldovan and others) • Assessment of the new Polish and Russia (cases of Timishev; Gartu- compensation mechanism for the kayev); abandoned “Bug-River” property intro- • The effective protection by 9 duced in response to Broniowski judg- respondent states of detainees’ ment; rights (Bulgaria, Italy, Latvia, • The systemic problem recently Poland, Romania, Russia, Switzer- highlighted by the Court regarding land, Turkey, the United Kingdom); restrictions on landlords’ rights in • Actions of the Russian security Poland (case Hutten-Czapska); forces in Chechnya (Khashiyev and • Measures needed to avoid other cases); inhuman and degrading treatment • Progress achieved by recent bank- by forcefully obtaining evidence in ruptcy reform (case of Luordo and many Germany (case of Jalloh).

Texts adopted at the July and October meetings

After examination of these points, as of the meetings, the Deputies adopted, well as of the other cases on the agendas in particular, the following texts.

Selection of decisions adopted

Decision adopted at the Five cases against Italy 970th meeting Bracci (judgment of 13/10/2005, final on 15/02/ 2. noted that in several similar cases sub- 2006), Dorigo Paolo (Interim Resolutions DH mitted to the supervision of the Com- (99) 258 of 15/04/99 (finding of a violation), mittee of Ministers the best appropriate ResDH (2002) 30, ResDH (2004) 13 and way to erase the consequences of the ResDH (2005) 85 (adoption of individual meas- violations of the right to a fair trial is ures)), F.C.B. (judgment of 28/08/91, Resolution the reopening of the domestic proceed- DH (93) 6 and Interim Resolution ResDH ings impugned (cases of Dorigo, F. C . B . , (2002) 30), R.R. (judgment of 09/06/2005, final R.R., Bracci, Sedjovic); on 12/04/2006) and Sejdovic (judgment of 01/ 3. noted with great interest the recent 03/2006 – Grand Chamber) jurisprudential efforts in the cases of Dorigo and F.C.B. to reopen the proceed- “The Deputies, ings impugned but regretting that 1. recalling that the judgments of the despite these efforts the applicants are Court imply, under Article 46 of the still suffering some consequences of the Convention, the legal obligation to erase violations after many years; as far as possible the consequences of the 4. invited the Italian authorities to com- violations found for the applicant and to plete their efforts with a view to ensur- prevent similar further violations; ing, either by case-law or legislative

Texts adopted at the July and October meetings 25 Council of Europe reform, that the consequences of pro- judgments and decisions concerned at ceedings found to be in violation with the their 976th meeting (17-18 October the Convention in all the cases con- 2006), on the basis of further informa- cerned, may be rapidly erased in accordance with Italy’s legal obligations; tion to be provided by the authorities 5. decided to resume consideration of the regarding the individual and general progress in the implementation of the measures envisaged.”

4 cases against Greece (length of procedures) Decision adopted at the 976th meeting Damilakos (judgment of 30/03/06, final on 30/ 2. agreed to pay particular attention to 06/06), Ekdoseis N. Papanikolaou A.e. (judg- this problem and accordingly to resume ment of 04/05/2006, final on 04/08/2006), Kol- consideration of these cases at their lokas (judgment of 30/03/06, final on 30/06/06) 982nd meeting (5-6 December 2006) and Mantzila (judgment of 04/05/2006, final on (DH), on the basis of further informa- 04/08/2006) tion to be provided by the authorities of “The Deputies, the respondent state concerning pay- 1. noted with concern the systemic prob- ment of the just satisfaction and to join lem highlighted in these cases and that them, at the same meeting, with the case measures adopted so far seem to be of Manios, to supervise the general insufficient for the prevention of new measures proposed to prevent new, sim- similar violations; ilar violations.”

Goktepe v. Belgium Decision adopted at the 976th meeting Judgment of 02/06/2005, final on 02/09/2005 of aggravating circumstances to all the co-accused; “The Deputies, having examined the 2. agreed to resume consideration of this information provided by the Belgian case at their 982nd meeting (5-6 Decem- authorities and concerning the situation ber 2006) (DH), on the basis of further of the applicant, information to be provided by the authorities of the respondent state con- 1. invited the Belgian authorities to cerning individual measures to put an ensure as far as possible restitutio in inte- end to the violation and erase, as far as grum for the applicant, who is still possible, its consequences for the appli- imprisoned as a result of a conviction in cant as well as general measures pro- violation of his right to a fair trial posed to prevent new, similar resulting from the collective application violations.”

Reigado Ramos v. Portugal Decision adopted at the 976th meeting Judgment of 22/11/2005, final on 22/02/2006 2. recalled that an action plan for the execution of this case has also been awaited “The Deputies, having examined the since July 2006; state of execution of this judgment, 3. decided to resume consideration of 1. noted the urgent need for the authori- this case at their 982nd meeting ties rapidly to take individual measures (5-6 December 2006) (DH), on the basis to enforce the agreement regarding the of further information to be provided by applicant’s visiting rights; the authorities of the respondent state.”

Shofman v. the Russian Federation Decision adopted at the 976th meeting Judgment of 24/11/2005, final on 24/02/2006 put an end to the violation and erase, as far as possible, its consequences for the “The Deputies, having considered the applicant, for example through the re- progress made in ensuring execution, opening of the paternity proceedings; 1. invited the Russian authorities in par- 2. decided to resume consideration of ticular to take the necessary measures to this case at their 982nd meeting

26 Execution of the Court’s judgments Human rights information bulletin, No. 69

(5-6 December 2006) (DH), on the basis tion, the general measures proposed to of information to be provided by the prevent new, similar violations, as well authorities of the respondent state con- as the individual measures.” cerning the payment of the just satisfac-

Decision adopted at the Al-Nashif and others v. Bulgaria 976th meeting Judgment of 20/06/02, final on 20/09/02 2. invited the Bulgarian authorities to “The Deputies, having examined the take all necessary measures to finalise information provided by the Bulgarian rapidly the legislative reform and to authorities concerning the measures ensure an efficient redress at national adopted or being planned to abide by the level in respect of the violations already judgment: found in respect of the applicants; 1. noted with concern that the legisla- 3. decided to resume consideration of all tive reform necessary for the execution the necessary measures for the imple- of this judgment is still at an early stage mentation of this judgment at their first and that the applicants still suffer the DH meeting in 2007, on the basis of fur- consequences of the violations found by ther information to be provided by the the European Court in this case, as the authorities of the respondent state con- first applicant’s situation concerning his cerning the progress of the legislative right to return to Bulgaria is not defi- reform and the adoption of the individ- nitely determined; ual measures.”

Decision adopted at the Two cases against Georgia (right to a fair trial) 976th meeting Iza Ltd and Makrakhidze (judgment of 27/09/ similar violations and the appropriate 2005, final on 27/12/2005) and Amat-G Ltd individual measures to put an end to the and Mebaghishvili (judgment of 27/09/2005, violations and erase, as far as possible, final on 15/02/2006) their consequences for the applicants; “The Deputies, having taken note of the structural nature of the violations found 2. agreed to resume consideration of in these cases, these items at their first meeting in 2007 1. recalled that the Georgian authorities (DH), on the basis of further informa- had been required in March 2006 to pre- tion to be provided by the authorities of pare an action plan, concerning the gen- the respondent state concerning individ- eral measures proposed to prevent new, ual and general measures.”

Decision adopted at the Three cases against Greece 976th meeting Konti-Arvaniti (judgment of 10/04/03, final on remedy highlighted in these cases 10/07/03), Athanasiou (judgment of 29/09/05, which deserved particular attention; final on 29/12/05) and Sflomos (judgment of 21/ 2. decided to resume consideration of 04/05, final on 21/07/05) these items at their 2nd DH meeting in 2007 on the basis of further information “The Deputies, to be provided by the authorities of the respondent state concerning the general 1. noted with concern the systemic prob- measures urgently required to prevent lem of lack of effective domestic new, similar violations.”

Decision adopted at the Dorigo Paolo v. Italy (right to a fair trial) 976th meeting Interim Resolutions DH (99) 258, 15/04/99 1. agreed to resume consideration of this (finding of a violation), ResDH (2002) 30, item at their 987th meeting (13- 14 February 2006) (DH), in the light of ResDH (2004) 13 and ResDH (2005) 85 (adop- further information to be provided by tion of individual measures) the authorities of the respondent state concerning the individual measures pro- “The Deputies, posed to put an end to the violation and

Texts adopted at the July and October meetings 27 Council of Europe to erase to the extent possible its conse- 2. adopted the press release summarising quences for the applicant; the positions of the Committee of Min- isters and the Italian authorities concerning the questions raised in this case.”

Fadeyeva v. the Russian Federation (exposure to industrial pollution) Decision adopted at the 976th meeting Judgment of 09/06/2005, final on 30/11/2005 of this case at their 982nd meeting (5-6 “The Deputies, noting the information December 2006) (DH), with a view to received on 13/10/2006 from the Russian assessing the progress made in the execu- authorities concerning individual and tion of the judgment and examining fur- general measures required by the judg- ther measures to be adopted to that ment, decided to resume consideration effect.”

Two cases against Greece Decision adopted at the 976th meeting Dougoz (judgment of 06/03/01, final on 06/06/ 3. called upon the Greek authorities to 01) and Peers (judgment of 29/09/99, final on make it a priority to achieve rapid and 19/04/01) visible progress towards the resolution of this structural problem; “The Deputies, 4. agreed to resume consideration of 1. noted with concern the remaining these cases at their first DH meeting in structural problem of detention condi- 2007 and invited the Greek authorities to tions in Greece, despite the general present to the Committee of Ministers, measures adopted to date; on this occasion, an action plan for full implementation of these judgments, 2. noted with interest the information including the provision of effective presented by the Greek Delegation at domestic remedies for similar violations this meeting concerning the ongoing of Article 3, in accordance with Commit- efforts to remedy this problem, follow- tee of Ministers’ Recommendation Rec ing Interim Resolution ResDH (2005) (2004) 6 to member states on the 21, adopted on 7 April 2005; improvement of domestic remedies.”

Two cases against the Russian Federation Decision adopted at the 976th meeting Baklanov (judgment of 09/06/2005, final on 30/ as to put an end to the continuing viola- 11/2005) and Frizen (judgment of 24/03/2005, tion of the applicant’s property rights final on 30/11/2005) and invited them to inform the Commit- “The Deputies, having examined tee of the progress made in this respect; progress made in ensuring execution, 3. invited the Russian authorities to pro- 1. welcomed the decision of the Russian vide information concerning possible Supreme Court to re-open proceedings general measures required to prevent in the Baklanov case, following the judg- new similar violations; ment of the European Court, as well as 4. decided to resume consideration of the new judgment delivered as a result of these cases at their 982nd meeting these new proceedings; (5-6 December 2006) (DH) on the basis 2. encouraged the Russian authorities of the information to be provided by the rapidly to enforce this new judgment so authorities.”

Twenty cases against the Russian Federation Decision adopted at the 976th meeting Gartukayev (judgment of 13/12/2005, final on tered in providing the Committee 13/03/2006) and 19 other cases with information regarding the exe- “The Deputies, cution of the Court’s judgments; 1. expressed concern with the increasing 2. noted that these delays were not nec- number of cases concerning the Russian essarily indicative of any failure in taking Federation in which delays were regis- the measures required by the judgments;

28 Execution of the Court’s judgments Human rights information bulletin, No. 69

3. invited the Russian authorities to 4. decided to resume consideration of all inquire into the reasons for this situation these cases at their 982nd meeting and to remedy any problems identified; (5-6 December 2006) (DH).”

Information documents opened to public access During the period concerned, the Com- public scrutiny and information to vic- mittee of Ministers decided to make tims’ families on reasons for decisions public the following information docu- not to prosecute (violation of Article 2). ments: Memorandum CM/Inf/DH (2006) 19 Memorandum CM/Inf/DH (2006) 4 revised 2 revised 2 and Addendum revised 3 to this memorandum concerning the group of cases of concerning the group of cases of McKerr Timofeyev (judgment of 23/10/03, final (judgment of 04/05/01, final on 04/08/ on 23/01/04) and 34 other cases 01) and 5 other cases This document deals with the failure or This document deals with the action of the serious delay by administration security forces in Northern Ireland, in abiding by final domestic judicial notably the shortcomings in investiga- decisions and violations of applicants’ tion of deaths giving rise to possible vio- right to peaceful enjoyment of their pos- lations; lack of independence of sessions (violations of Article 6 §1 and investigating police officers; lack of Article 1 of Protocol No. 1).

Final Resolutions Once the Committee has ascertained During the period concerned, the Com- that the necessary measures have been mittee adopted in all 23 Final Resolutions, taken by the respondent state, it closes (closing the examination of 60 cases), the case by a Resolution in which it among which 10 took note of the adop- takes note of the overall measures taken tion of new general measures. Some to comply with the judgment. examples follow:

Resolution ResDH States’ obligation to co-operate with The Committee recalled the fundamen- (2006) 45 the European Court of Human Rights tal nature of the obligation to co-operate At its 970th DH meeting, the Commit- and called upon contracting states to tee of Ministers adopted the above Reso- ensure that all measures have been taken lution, deploring the fact that violations so that relevant authorities may comply of contracting states’ obligation of co- with requests for assistance from the operation with the European Court of Court, and to ensure that authorities Human Rights had continued to be effectively seised with such requests found in recent judgments by the Court. comply strictly with them.

Final resolution ResDH Judgment of the European Court of ment of the European Court of Human (2006) 46 Human Rights of 3 December 2002 Rights concerning Poland. (final on 3 March 2003) in the case of The case dealt with the unjustified Nowicka v. Poland length of detention for purpose of psy- At its 970th DH meeting, the Commit- chiatric examination in context of pri- tee of Ministers adopted the above Final vate prosecution for defamation, Resolution, putting an end to the super- restrictions on family visits to detainee vision of execution of a 2003 final judg- (Article 5 §1 and Article 8).

Final resolution ResDH Judgment of the European Court of Resolution, putting an end to the super- (2006) 49 Human Rights of 15 July 2003 (final vision of execution of a 2003 final judg- on 15 October 2003) in the case of the ment of the European Court of Human Fortum Corporation v. Finland Rights concerning Finland. At its 976th DH meeting, the Commit- The case dealt with the non-adversarial tee of Ministers adopted the above Final and thus inequitable nature of certain

Texts adopted at the July and October meetings 29 Council of Europe proceedings brought against the appli- courts’ attention to the requirements of cant company before the Supreme the Convention in the application of this Administrative Court in 1995 by the new provision, the European Court’s Competition Office, in that two memo- judgment has been translated and pub- randa submitted to the Court by the lished in the Finlex database and was Competition Office had not been com- widely disseminated with a covering municated to the applicant. The Euro- letter to various authorities concerned. pean Court concluded that the applicant company, sentenced to a fine, had not Individual measures been given an opportunity to comment The Government of Finland recalls that on these memoranda and therefore had according to the Administrative Judicial been unable to participate properly in the Procedure Act, sections 63 and 64, a deci- proceedings (violation of Article 6 § 1). sion may be annulled. Application for Appendix annulment must be lodged within five to Resolution ResDH (2006) 49: years from the date upon which the deci- Information provided by the Govern- sion became final. In very specific cir- ment of Finland during the examination cumstances, the decision may also be of the Fortum Corporation case by the annulled after that time. According to Committee of Ministers section 67, the decision may be annulled or set aside in whole or in part. If the case General measures needs to be reconsidered, it can either be At the material time, Finnish law con- returned to the deciding authority or, if tained no general provision on how par- the matter is found to be clear, be imme- ties to administrative proceedings were diately amended by the authority. Under to submit their comments in writing. the existing legislation the applicant On 1 December 1996 the Administrative company may thus ask for reopening of Judicial Procedure Act (hallintolainkäyttö- the proceedings before the Supreme laki, förvaltningsprocesslag 586/1996) Administrative Court. entered into force. This law applies to The Government of Finland considers proceedings before the Supreme Admin- that in view of these developments there istrative Court and contains an explicit no longer exists any risk of new viola- provision on the hearing of parties (Arti- tions similar to those found in this case cle 34). and that it has therefore fulfilled its obli- The Government of Finland also indi- gations under Article 46, paragraph 1, of cated that, in order to draw domestic the Convention.

Judgment of the European Court of Information provided by the Govern- Final resolution ResDH Human Rights of 12 July 2001 (Grand ment of Finland during the examination (2006) 50 Chamber) in the case of K. and T. v. of the K. and T. case by the Committee of Finland Ministers At its 976th DH meeting, the Commit- tee of Ministers adopted the above Final The government recalls at the outset, as Resolution, putting an end to the super- regards the general measures, that the vision of execution of a 2001 judgment violations found in this case concerned of the Grand Chamber of the European the authorities’ failure to respect the Court of Human Rights concerning Fin- applicants’ right to family life. On the land. date of the judgment of the European The case dealt in particular with the Court a press statement was released authorities’ failure to respect the appli- and the judgment has since been widely cants’ right to family life, first on disseminated to all relevant authorities account of the emergency care order con- and published in the judicial database cerning one of the first applicant’s FINLEX (www.finlex.fi). In addition the daughters and secondly on account of government has initiated various train- the failure to take proper steps to reunite ing activities, including a seminar which the applicants’ family (violations of Arti- brought together members of the courts cle 8). of highest instance. The Ministry for Appendix Social Affairs and Health furthermore to Resolution ResDH (2006) 50: initiated a thorough survey of all child

30 Execution of the Court’s judgments Human rights information bulletin, No. 69

custody cases submitted to the European tion awarded by the Court as no viola- Court of Human Rights. tion has been found in respect of the The government is of the opinion that, subsequent care orders. It further notes considering that the Convention has that although the Grand Chamber found direct effect in Finnish law and that the a violation as regards the absence of domestic law should be interpreted in efforts to reunite the family for the past, accordance with the judgments of the it found no such violation for the more European Court (see Resolution DH (96) recent period including the time since 607 in the Kerojärvi case), the authorities the Court’s judgment. concerned will use their best endeavours In view of these particular circum- to prevent the occurrence of violations stances, the government considers that similar to those found by the European no special individual measures are Court in the present case. required in this case. As regards the individual measures, the The Government of Finland thus consid- government observes that the only pos- ers that it has fulfilled its obligations sible remedy for the violation relating to under Article 46, paragraph 1, of the the original care order is the just satisfac- Convention.

Final resolution ResDH Judgment of the European Court of awarded by the Court, which also took (2006) 51 Human Rights of 21 March 2002 (final into account the moral damage suffered on 21 June 2002) in the case of Nikula as well as the costs and expenses paid. v. Finland Furthermore, the judicial records do not At its 976th DH meeting, the Commit- contain any mention of the applicant’s tee of Ministers adopted the above Final conviction. Resolution, putting an end to the super- In addition, the applicant may, under vision of execution of a 2002 final judg- Finnish law, seek the reopening of crimi- ment of the European Court of Human nal proceedings having infringed the Rights concerning Finland. European Convention of Human Rights.

The case dealt with a disproportionate General measures interference with the applicant’s freedom of expression on account of her The Government of Finland recalls that conviction in 1994 for defamation measures were taken in 2000, after the (under Article 27 §2 of the Criminal facts at the origin of this case and before Code in force at the time of the facts) fol- the finding of a violation by the Court, lowing certain statements she made, as a which avoid new violations of the same lawyer, during a trial. She was sentenced kind, in particular through amendments to pay damages to the plaintiff as well as to the Criminal Code by Act No. 531/ costs (violation of Article 10). 2000. According to the amended legislation, criticism aimed at the conduct of The provisions concerning defamation another person in his or her political or were amended in 2000 (Act. No. 531/ business activity, public office or func- 2000) and provide that persons may no tion, scientific, artistic or other compara- longer be charged with defamation in ble public activity, is not considered circumstances similar to those of this defamation where the criticism clearly case. does not exceed the limits of acceptable Appendix conduct. to Resolution ResDH (2006) 51: The government further observes that Information provided by the Govern- the Convention, as interpreted by the ment of Finland during the examination European Court of Human Rights, has of the Nikula case by the Committee of direct effect in the Finnish legal order Ministers (see e.g. Resolution DH (96) 607 in the Kerojärvi case) and indicates in this con- Individual measures text that the Court’s judgment has been The Government of Finland recalls that published in the Finlex database and a sums that the applicant had been sen- separate press statement has been tenced to pay as a result of her convic- released on the date of the judgment. In tion have been reimbursed to her in the addition the judgment has been sent out framework of the just satisfaction with a cover letter to various pertinent

Texts adopted at the July and October meetings 31 Council of Europe authorities, i.e. the Supreme Court, High ments, all consequences of the violation Administrative Court, Parliamentary for the applicant have been erased and Ombudsman, Chancellor of Justice, that there no longer exists any risk of Appeals Court of Vaasa, District Court new violations similar to those found in of Kokkola, Ministry of Justice and the this case and that it has therefore ful- State Prosecutor’s office; filled its obligations under Article 46, paragraph 1, of the Convention. Conclusions The Government of Finland considers that in the light of the foregoing ele-

Judgment of the European Court of ment of the European Court of Human Final resolution ResDH Human Rights of 13 February 2003 Rights concerning France. (2006) 52 (final on 13 May 2003) in the case of Chevrol v. France The case dealt with the fact that the At its 976th DH meeting, the Commit- Conseil d’Etat held itself to be bound by a tee of Ministers adopted the above Final ministerial opinion with regard to the Resolution, putting an end to the super- applicability of an international treaty vision of execution of a 2003 final judg- (violation of Article 6 § 1).

Judgment of the European Court of Court of Human Rights concerning Final resolution ResDH Human Rights of 8 April 2004 – Grand Georgia. (2006) 53 Chamber in the case of Assanidze v. The case dealt with the continued Georgia unlawful detention (more thanthree At its 976th DH meeting, the Commit- years) of the applicant by the authorities tee of Ministers adopted the above Final of the Autonomous Republic of Ajaria Resolution, putting an end to the super- despite his acquittal by the Supreme Court vision of execution of a 2004 judgment of Georgia (violation of Articles 5 § 1 and of the Grand Chamber of the European 6 § 1)

Judgment of the European Court of judgment (more than five years for two Final resolution ResDH Human Rights of 23 September 2004 degrees of jurisdiction). (2006) 54 (final on 23 December 2004) in the Appendix case of Kotsaridis v. Greece to Resolution ResDH (2006) 54: At its 976th DH meeting, the Commit- Information provided by the Govern- tee of Ministers adopted the above Final ment of Greece during the examination Resolution, putting an end to the super- of the Kotsaridis case by the Committee vision of execution of a 2004 final judg- of Ministers ment of the European Court of Human Rights concerning Greece. Individual measures This case dealt with a violation of the The judgment of the Court was rapidly principle of equality of arms, in that in transmitted to the courts involved in April 2000 the indictment chamber of order to draw their attention to their the Athens Court of Appeal rejected the obligation under Article 46, paragraph 1, applicant’s petition for a hearing before of the Convention to accelerate, as far as it but, having nonetheless allowed the possible, the excessively long proceed- public prosecutor to present his motion ings at issue. The proceedings pending at to prolong his pre-trial detention, con- the time of the European Court’s judg- firmed the applicant’s continued deten- ment were ended by judgment No. 37/ tion (violation of Article 5 § 4). The case 2005 of the Athens Assize Court impos- also concerned the excessive length of ing on the applicant a penalty of eight certain criminal proceedings (viola- years, ten months and four days for tion of Article 6 § 1): proceedings smuggling antiques. brought against the applicant on charges of incitement to theft of antiquities and General measures of handling stolen goods began in II.1. As regards the violation of Article 5, August 1998 and were still pending paragraph 4, to prevent as far as possible when the European Court rendered its new violations and as an interim meas-

32 Execution of the Court’s judgments Human rights information bulletin, No. 69

ure, the European Court’s judgment was II.2 As regards the violation of Article 6, promptly translated and published on paragraph 1, Greece has adopted a series the official website of the State Legal of legislative and other measures to Council (www.nsk.gr). It was also accelerate proceedings before criminal promptly sent out to the Ministry of Jus- courts (see Final Resolution DH (2005) tice and competent judicial authorities. 66 on Tarighi Wageh Dashti and 7 other In addition, soon after the European cases against Greece, 18 July 2005), with Court’s judgment, a legislative amend- a view to preventing similar violations. ment procedure was initiated in order to In addition, the Greek authorities envis- fully abide by it. Thus, Law 3346/2005 age legislation to introduce into Greek was adopted and entered into force on law an effective remedy for this kind of 17 June 2005. This Law amended Article violations, in accordance with the Com- 287, paragraph 1 (a), of the Code of mittee of Ministers’ Recommendation Criminal Procedure which now provides, Rec (2004) 6 on the improvement of in conjunction with Article 287, para- domestic remedies. graph 1 (b), that at least five days before the session of the indictment chamber Conclusion deciding upon extension of pre-trial detention, the person concerned should The Government of Greece considers, in always be summoned to appear before view of the measures taken, that the vio- the chamber and present his views in lations of the Convention found by the person or through his legal counsel. The European Court in this case have been chambers may now reach a decision – fully remedied and that Greece has which is always reasoned – only after therefore complied with its obligations having heard the person concerned, or under Article 46, paragraph 1, of the his counsel, and the prosecutor. Convention.

Final resolution ResDH Judgment of the European Court of Appendix to Resolution ResDH (2006) (2006) 55 Human Rights of 5 April 2001 (final 55 on 5 July 2001) in the case of H.B. v. Information provided by the Govern- Switzerland ment of Switzerland during the examination of the H.B. case by the Committee of Ministers At its 976th DH meeting, the Commit- tee of Ministers adopted the above Final Individual measures Resolution, putting an end to the super- The judgment of the European Court vision of execution of a 2001 final judg- was transmitted on 6 July 2001 to the applicant, so that he might lodge an ment of the European Court of Human application for a review of the final crim- Rights concerning Switzerland. inal judgment which had been delivered in the proceedings at issue in this case This case involved the role of the exam- (judgment of the Federal Tribunal of ining magistrate of the Canton of Solo- 13 April 1999). thurn who ordered the applicant’s arrest General measures and provisional detention, bearing in The judgment of the European Court mind the possibility that this same mag- was sent out on 12 April 2001 to the Fed- istrate could intervene on the prosecu- eral Tribunal and to the relevant authorities of the canton of Solothurn tion side in subsequent criminal (Department of Justice and Construc- proceedings if the case were to be tions). On 9 and 10 May, the judgment referred to a district criminal court. This was sent to the other cantonal Depart- being so, the European Court considered ments of justice. that the applicant was not brought Having thus been informed of the Euro- pean Court’s judgment, the authorities before an “officer authorised by law to of the Solothurn canton immediately exercise judicial power” (violation of took measures to avoid new, similar vio- Article 5 § 3). lations. According to these measures,

Texts adopted at the July and October meetings 33 Council of Europe which were not legislative but consisted detention is no longer imposed by the of a practice, an investigating magistrate investigating magistrate, but by another, may no longer remand someone in cus- independent magistrate: the “detention tody who is involved in proceedings con- magistrate” (Haftrichter). ducted by the same judge, the power to remand having been transferred to Finally, the public has also been another judge. informed of the requirements of the Subsequently, a legislative reform was Convention as they arise from the adopted in the same direction. The rele- present judgment, which has been pub- vant legislative provisions were adopted lished, inter alia in the journal Jurispru- by the Parliament of the canton of Solo- dence des autorités administratives de la thurn on 5 November 2003 and the can- Confédération (65/IV [2001] No. 120). tonal constitution has been modified following a popular vote on 16 May In the light of the above, the Swiss Gov- 2004. According to the texts adopted and ernment considers that it has fulfilled its in particular the new paragraphs 44 to obligations under Article 46 of the Con- 47ter of the Code of Criminal Procedure, vention.

Cases against the United Kingdom ing in 1996. The Court indicated that the Final resolution ResDH relating to aliens’ unlawful detention conduct of the defence was essentially a (2006) 56 and lack of compensation and various matter between the defendant and his violations of their right to a fair trial: counsel, but the ultimate guardian of the Eusebio Santa Cruz Ruiz v. the United fairness of the proceedings is the trial Kingdom, (Committee of Ministers’ judge who had been clearly apprised of decisions of 19 February 1999 and of the real difficulties which the absence of 9 June 1999); Cuscani v. the United interpretation might create for the appli- Kingdom (judgment of 24 September cant (violation of Article 6 § 1 taken in 2002, final on 24 December 2002) conjunction with Article 6 § 3e). At its 976th DH meeting, the Commit- Appendix tee of Ministers adopted the above Final to Resolution ResDH (2006) 56: Resolution, putting an end to the super- Information provided by the Govern- vision of execution of 2 final 2002 judgment of the United Kingdom during the ments of the European Court of Human examination of the cases of Santa Cruz Rights concerning the United Kingdom. Ruiz and Cuscani by the Committee of The cases involved a breach of the appli- Ministers cants’ right to a fair trial on account of the absence of interpretation at the hear- Payment of just satisfaction

Application Decision/ Just Payment Date of Default Case No. Judgment satisfaction deadline payment interest due

Santa Cruz 26109/95 19/02/1999 £7 000 (global 09/09/1999 19/10/1999 Waived by Ruiz, Eusebio and 09/06/ sum) applicant 1999 Cuscani, Santo 32771/96 24/09/2002 Only costs and 24/03/2003 01/05/2003 Waived by Annino Tom- final on 24/12/ expenses: €2 applicant maso 2002 200

Individual measures lently evading VAT, after the impugned hearing of 26 January 1996 and his being As regards the case of Santa Cruz Ruiz, sentenced, inter alia, to four years’ the Government recalls that the appli- imprisonment, was released from prison cant was arrested on 4 January 1994 and on licence on 25 November 1996. The released on 7 January 1994 on payment Government recalls that besides the just of the arrears of maintenance in ques- satisfaction, the applicant had his case tion. All consequences of the ensuing examined in 1996 by the Criminal Case violations of the Convention have been Review Commission (CCRC) which covered by the just satisfaction provided by the Court. held that, whilst his conviction was arguably unsatisfactory, it could not be As regards the case of Cuscani, the appli- said to be unsafe. Since the CCRC did cant, charged with offences of fraudu- not consider that there was a real possi-

34 Execution of the Court’s judgments Human rights information bulletin, No. 69

bility that, if referred to the Court of In addition, following the dates of facts Appeal, the conviction and sentence by of the case, Sections 51 and 52 of the Jus- the Crown Court would not be upheld, tice of the Peace Act 1997 (which it decided not to make such reference. replaced Section 108 of the Courts and No further claim has been made by the Legal Services Act 1990) entered into applicant. force. They provide, inter alia, that “an action shall lie against a justice of the General measures peace or justice’s clerk in respect of an act or omission of his in the purported Violation of Article 5, paragraph 1: in the execution of his duty to respect to a Santa Cruz Ruiz case, the government matter which is not within his jurisdic- recalls that this violation was due to the tion if, but only if, it is proved that he fact that the Hove Magistrates’ Court acted in bad faith”. when ordering the applicant’s imprisonment in 1994 acted ultra vires because it Violations of Article 6 paragraph 1, in con- mistakenly believed that the 1978 order junction with paragraphs 3 and 3(e): in by the Brighton County Court concern- these cases, the government stresses that ing enforcement of payment of mainte- the HRA, implementing the Convention nance arrears, had been registered and in domestic law, now ensures the consid- that the court had power to enforce it. erations that the Commission and the Thus, it is evident that the violation was Court found decisive in these cases will due to a judicial error which has not be duly taken into account by all compe- occurred again thereafter. tent judicial authorities. The absolute guarantee of a fair trial under Article 6 is It is also to be noted that the Lord Chan- now directly invoked and applied by the cellor’s Department promptly sent a United Kingdom courts (see e.g. R v A copy of the Commission’s report to the (No. 2), [2001] UKHL 251). above courts where the errors in question took place, as well as to the Justices’ In this context, it is noted that the Euro- Clerk Society. pean Court’s judgment in the case of Cuscani has been published in (2003) 36 Violation of Article 5, paragraph 5: in the European Human Rights Reports 1 and has same case, Section 7 (1) (a), in conjunc- been promptly sent out to competent tion with Section 9, of the Human criminal courts. Rights Act 1998 (HRA), in force since October 2000, makes it possible to bring Conclusion proceedings in the domestic courts against a public authority, including courts and tribunals, which is alleged to The Government of the United King- have acted incompatibly with Article 5 dom considers, in view of the measures of the Convention. As a consequence, a taken, that the violations of the Conven- person who has been the victim of arrest tion found by the Committee of Minis- or detention in contravention of the pro- ters and the European Court in these visions of Article 5 of the Convention as cases have been fully remedied and that a result of a judicial act now has an the United Kingdom has therefore com- enforceable right to compensation as plied with its obligations under former required by Article 5, paragraph 5, of the Article 32 and Article 46, paragraph 1, of Convention. the Convention.

Final resolution ResDH Judgment of the European Court of of the Grand Chamber of the European (2006) 57 Human Rights of 18 February 1999 Court of Human Rights concerning the (Grand Chamber) in the case of Mat- United Kingdom. thews v. the United Kingdom

At its 976th DH meeting, the Commit- The case involved the exclusion of tee of Ministers adopted the above Final Gibraltar from European Parliamentary Resolution, putting an end to the super- elections in 1994 (violation of Article 3 vision of execution of a 1999 judgment of Protocol No. 1).

Texts adopted at the July and October meetings 35 Council of Europe

Other news concerning the execution of judgments

Implementation of judgments of the mentary colleagues, to resolve outstanding Press release, 07/07/06 European Court of Human Rights in problems as a matter of top priority stress- Italy: swift measures necessary ing the need for “swift measures to ensure At the end of a three-day visit to Italy, the that the Strasbourg Court and Committee Rapporteur of the Parliamentary Assem- of Ministers are not suffocated by Italian bly on the Implementation of judgments cases”. At the same time he welcomed the of the European Court of Human Rights, recent “Azzolini Law”, the draft text on re- Erik Jurgens (Netherlands, SOC) urged the opening of judicial proceedings, and other authorities, and in particular his parlia- reform efforts.

Major structural deficiencies in judicial worse by interference with judicial inde- Press release, 02/10/06 systems of Italy, Russia and Ukraine pendence. causing repeated violations of the The Assembly also deplored separate European Human Rights Convention, specific ongoing problems with imple- says Parliamentary Assembly mentation of judgments of the European Major structural deficiencies in the judi- Court of Human Rights by Italy, Turkey, cial systems of Italy, Russia and Ukraine Greece, and Romania. are causing large numbers of repeated violations of the European Convention In cases relating to abuses by security on Human Rights, representing a “seri- services, Russia, Turkey and the United ous danger to the rule of law” in these Kingdom still needed to demonstrate three countries, according to the Council conclusive results in providing redress to of Europe Parliamentary Assembly. applicants by conducting effective investigations into the abuses, the parliamen- In a resolution adopted on 2 October, the tarians said. Assembly criticised the excessive length of judicial proceedings in Italy, where The Assembly called on states to set up many cases take more than the ten years domestic mechanisms for rapid imple- the Court has ruled is a violation. In Rus- mentation of the Court’s judgments. If sia, the Assembly said the most impor- left too long, non-compliance puts at tant problems were excessive length of stake the effectiveness of the entire Con- pre-trial detention in overcrowded facili- vention system, the parliamentarians ties, as well as chronic non-enforcement said, and should be seen as a breach of a or quashing of judges’ decisions. There state’s obligations under the Convention were similar problems in Ukraine, made and the Council of Europe Statute.

Respect for court decisions in Russia: to the European Court of Human Rights, Press release, 31/10/06 Round Table at the Council of Europe senior officials of the Presidential On 30 and 31 October a high level Round Administration, the Ministries of Table between representatives of the Finance and Health, the Federal Treasury Council of Europe and the Russian Federa- and Prokuratura. tion was held to discuss solutions to the The thorough and constructive discus- structural problem of non-enforcement of sions have identified the main outstand- domestic court decisions against the State ing problems and led to a number of and its entities in the Russian Federation. commonly agreed proposals for further The Round Table was jointly organised reforms to ensure the State’s effective by the European Commission for the compliance with judicial decisions. Efficiency of Justice (CEPEJ) and the Department for the execution of the The problem of non-enforcement of European Court’s judgments of the domestic court decisions in the Russian Council of Europe. The Russian Federa- Federation has been highlighted by tion was notably represented by the numerous judgments of the European President of the Supreme Economic Court of Human Rights, which impose a Court, the Vice-President of the Supreme legal obligation to grant redress to the Court, the Director of the Federal Bail- applicants and to prevent new similar iffs’ Service, the Russian Representative violations in the future.

36 Execution of the Court’s judgments Human rights information bulletin, No. 69 Committee of Ministers

The Council of Europe’s decision-making body comprises the Foreign 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.

Declarations

Adopted on 1 August Statement by the Chairman of the Committee of Ministers of the Council of 2006 Europe, the Minister of Foreign Affairs of the Russian Federation, Mr Sergey Lavrov, on the killings of dozens of residents of Qana (Lebanon)

Extracts from the statement The Council of Europe has always reiter- The killings and wounding of innocent ated that the fight against international civilians of all sides involved as a result of terrorism should be waged in strict com- the escalation of tensions in the Middle pliance with international law and East represent a flagrant violation of human rights’ standards. The Council of international humanitarian law, human Europe is concerned that the recent rights, including the most important tragic developments in the Middle East right – the right to life. The Council of are fraught with provoking further rise Europe, being a guardian of human in extremism and intolerance thus com- rights, regards these evident gross viola- plicating the dialogue, which is so neces- tions as unacceptable. sary for restoring peace in this region.

Adopted on Declaration of the Committee of Ministers on the guarantee of the 27 September 2006 at independence of public service broadcasting in the member states the 974th meeting of the Ministers’ Deputies The Committee of Ministers of the • provide the legal, political, financial, Council of Europe, technical and other means necessary to I. Reiterates its firm attachment to the ensure genuine editorial independence objectives of editorial independence and and institutional autonomy of public institutional autonomy of public service service broadcasting organisations, so as broadcasting organisations in member to remove any risk of political or eco- states; nomic interference; II. Calls on member states to: • disseminate widely the present dec- • implement, if they have not yet done laration and, in particular, bring it to the so, Recommendation No. R (96) 10 on attention of the relevant authorities and the guarantee of the independence of of public service broadcasting organisa- public service broadcasting, with partic- tions, as well as to other interested pro- ular reference to the guidelines appended fessional and industrial circles; thereto, and having regard to the oppor- III. Invites public service broadcasters to tunities and challenges brought about by be conscious of their particular remit in a the information society, as well as by democratic society as an essential ele- political, economic and technological ment of pluralist communication and of changes in Europe; social cohesion, which should offer a

Declarations 37 Council of Europe wide range of programmes and services respect codes of professional ethics or to all sectors of the public, to be atten- internal guidelines. tive to the conditions required in order to fulfil that remit in a fully independent The full text of the Declaration and manner and, to this end, to elaborate and Appendix can be consulted on the Web adopt or, if appropriate, review, and to site.

Recommendations to member states

• Recommendation Rec (2006) 12 on tions in which it takes place and the pro- empowering children in the new infor- vision of safeguards against abuse – mation and communications environ- adopted on 27 September 2006 at the ment – adopted on 27 September 2006 at 974th meeting of the Ministers’ Depu- the 974th meeting of the Ministers’ Dep- ties uties • Recommendation Rec (2006) 13 on The full text of the recommendations the use of remand in custody, the condi- can be consulted on the Web site.

Replies to Parliamentary Assembly recommendations

Recommendation 1754 (2006) on alleged Recommendation 1747 (2006) on European secret detentions and unlawful inter-state Prisons Charter transfers of detainees involving Council of Reply adopted on 27 September 2006 at Europe member states the 974th meeting of the Deputies) Reply adopted on 27 September 2006 at The full text of the replies can be con- the 974th meeting of the Deputies sulted on the Web site.

Written questions by members of the Parliamentary Assembly

Written Question No. 481 to the Com- Mr Bartumeu Cassany: “Decriminalisa- mittee of Ministers by Mr Jurgens: tion of defamation in ‘the former Yugo- “Case of Abdelhamid Hakkar” slav Republic of Macedonia’” – Reply of The question, together with its reply, are the Chair of the Committee of Ministers reproduced in the section on the (CM/AS (2006) Quest499 final of Assembly’s activities. See page 42. 31 October 2006). Other questions • Written Question No. 499 to the The full text of the reply can be con- Chair of the Committee of Ministers by sulted on the Web site.

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

38 Committee of Ministers Human rights information bulletin, No. 69 Parliamentary Assembly

“The Parliamentary Assembly is a unique institution, a gathering of parliamentarians, from more than forty countries, of all political persuasions, responsible not to governments, but to our own consensual concept of what is right to do.”

Lord Russell-Johnston, former President of the Assembly

Democracy and legal development

Recommendation 1768 The image of asylum-seekers, – adopt and implement penal legisla- (2006), adopted on tion against, inter alia, the public dis- 5 October 2006 migrants and refugees in the semination or public distribution, or the [See document 11011 of media the Assembly] production or storage of material with a racist content or purpose, and also to Context adopt and implement legislation penal- One of the obstacles to the integration of ising leaders of groups promoting racism; migrants, asylum seekers and refugees is – ensure that legislation is adopted and hostility and xenophobia in certain parts implemented in member states to pre- of society. It arises from fears fed by pop- vent excessive media concentrations ulist beliefs that Europe is being over- which pose a threat to quality, pluralism whelmed by waves of foreigners, who, and diversity in the media. furthermore, would take jobs away from For their part, media should be invited, nationals, contribute to rising crimi- in particular, to: nality and pose a terrorist threat. – adopt codes of conduct as well as The media play an essential role in guidelines to tackle particular challenges ensuring that issues linked to migration, such as avoiding stereotyping of refugees and asylum are portrayed in a migrants, asylum seekers and refugees, fair and balanced way and they play an and avoiding anti-Semitism, anti-Chris- essential role in the fight against racism, tianism, Islamophobia, Romanophobia discrimination and all forms of intoler- and other forms of intolerance; ance. – negotiate conscience clauses in con- Recommendations tracts for media professionals, allowing reporters and journalists to refuse to pro- The Assembly recommends, inter alia, duce reports on materials that they feel that the Committee of Ministers invites would be in breach of ethical commit- the member states of the Council of ments; Europe to: – refrain from revealing the ethnic – ensure the protection of freedom of origin or nationality of migrants, asylum expression in conformity with Article 10 seekers or refugees when arrested or con- of the European Convention on Human victed of crimes where such information Rights; is irrelevant to the story.

Resolution 1521 (2006) Mass arrival of irregular migrants Assembly encourages member states to and Recommendation share the burden of mass arrivals. It 1767 (2006), adopted on on Europe’s southern shores 5 October 2006 reminds member states of their human [See document 11053 of – Having recalled that it is the right of rights and humanitarian obligations, in the Assembly] each Council of Europe member state to order that irregular migrants and asylum regulate the entry of foreign nationals seekers can enjoy certain rights, among and to return irregular migrants to their which: country of origin while respecting international human rights law, the – the right to life and dignity,

Democracy and legal development 39 Council of Europe

– detention (as a last resort) in special – an effective remedy with a suspen- detention facilities, with an independent sive effect when they can arguable claim judicial scrutiny of the legality and need that they would be subjected to treat- for continued detention, ment contrary to their human rights if – the right to contact anyone of their choice (lawyer, humanitarian organisa- returned, tion, etc.) and the assistance of an inter- preter, – prohibition of collective expulsions.

European Prisons Charter strengthen penitentiary reform inter alia Reply by the Committee through the elaboration of a Compen- of Ministers to Recom- Extracts mendation 1747 (2006) dium of Council of Europe recommenda- of the Assembly […] tions in the penitentiary field. It [Document 11041 of the 3. The Committee of Ministers observes that the CDPC will be exam- Assembly] adopted Recommendation Rec (2006) 2 ining working methods for the elabora- to member states on the European Prison tion of the compendium and for Rules on 11 January 2006. In June 2006, identifying recommendations that need it took note of the abridged report of the to be revised and/or up-dated, at its next plenary meeting held by the European plenary meeting. Committee on Crime Problems (CDPC) […] in April 2006. It noted in particular that 7. With respect to the Assembly’s pro- a significant number of states had posals relating to the mandate of the already taken or planned measures to CPT and the possible setting up of a ensure the implementation of the European prisons observatory tasked revised European Prison Rules, including with monitoring the situation in legislative reforms, training, translation Europe’s prisons (paragraphs 9.3 and 9.4 and distribution. It also noted the of the recommendation), the Committee opinion of the CDPC that a binding of Ministers considers that the mandate instrument, in the form of a European of the CPT is sufficiently strong and prison charter, was not a feasible propo- broad. […] The CPT has unlimited sition. The Committee of Ministers access to all places of detention (and not observes that its expert body considered only those where prisoners are being that it would be difficult for the states to kept) and the national authorities of the reach a consensus on more than a very Council of Europe member states make limited number of binding legal rules, all possible efforts to follow the recom- which could impoverish and stigmatise mendations made by the CPT in its existing standards and could, moreover, reports. The Committee of Ministers lead to weakening the importance and considers that the CPT de facto plays the the impact of the European Prison Rules role of a European prisons observatory. on the work of the prison administra- 8. The Committee of Ministers recalls tions in the member states and at the that the UN Convention against Torture European level in general. and Other Cruel, Inhuman or Degrading 4. The Committee of Ministers agrees Treatment or Punishment and its with these considerations, but has Optional Protocol provides for similar entrusted the Council for Penological obligations for the Parties to that instru- Co-operation with the task of re-exam- ment. The system includes an interna- ining the European Prison Rules every tional monitoring body […] and all five years, or more frequently, if the case states parties to the Optional Protocol law of the European Court of Human undertake to create at national level one Rights or the reports of the European or several visiting bodies for the preven- Committee against torture and tion of torture and other cruel, inhuman inhuman or degrading treatment or pun- or degrading treatment or punishment. ishment (CPT) so require. When neces- The Committee of Ministers notes that sary, the Committee of Ministers will the latter instrument has recently thus take measures for up-dating the entered into force (22 June 2006) and has European Prison Rules. been ratified by 22 states, including 11 5. The Committee of Ministers has member states of the Council of Europe. also noted the CDPC’s proposal to It encourages those member states

40 Parliamentary Assembly Human rights information bulletin, No. 69

which have not yet done so, to sign and Mechanisms to ensure women's partici- ratify the UN Optional Protocol as soon pation in decision-making as possible and to create their independent national monitoring bodies.

Reply by the Committee Mechanisms to ensure women’s sion-making in the Council of Europe of Ministers to Recom- member states. mendation 1738 (2006) participation in decision-making of the Assembly […]. [Document 11023 of the Extracts Assembly] […] 7. Regarding the Assembly’s proposal 2. […] Pursuant to the Recommenda- to appoint a Council of Europe gender tion, the Steering Committee for equality ombudsperson, the Committee Equality between Women and Men of Ministers considers that gender decided to set up an information system equality should be central to Council of based on the indicators set out in the Europe action in line with the Organisa- appendix thereto in order to measure the tion’s values, and ought not to depend progress made in women’s and men’s on the institution of a separate ombuds- participation in political and public deci- person. […].

Situation in member states

Recommendation 1766 Ratification of the Framework the European Convention on Human (2006), adopted on 4 Rights providing for a general prohibi- October 2006 Convention for the Protection of tion of discrimination. [See Document 10961 of National Minorities by member the Assembly] states of the Council of Europe It requested the Committee of Ministers to revisit the Framework Convention in The Assembly called on the eight Council the light of experience gathered in its of Europe member states which have not application, in order to clarify the rea- yet ratified the Framework Convention sons why some member states have not to do so, and appealed for the with- signed or ratified it or have ratified it drawal of reservations or restrictive dec- with reservations or restrictive declara- larations. tions. A review procedure could be neces- It recalled that the principle of equality sary to make the Framework Convention and non-discrimination constitutes a more legally coherent and responsive to fundamental right of the human person. the actual European challenges by, inter The Assembly is surprised that only 14 alia, balancing the rights of minorities states have ratified Protocol No. 12 to with their obligations.

Reply by the Committee Alleged secret detentions and suspected of terrorist acts, notably by or of Ministers to Recom- at the instigation of foreign agencies. His mendation 1754 (2006) unlawful inter-state transfers of proposals have been elaborated in the [See Document SG/Inf detainees involving Council of (2006) 01] light, not only of his reports under Europe member states Article 52, but also of Resolution 1507 (2006) and of Recommendation 1754 1. The Committee of Ministers has (2006) of the Parliamentary Assembly, as noted with interest Parliamentary well as of the Venice Commission’s Assembly Recommendation 1754 (2006) Opinion No. 363/2005. on alleged secret detentions and unlawful inter-state transfers of detainees involving 2. The Committee of Ministers under- Council of Europe member states. It is lines the need to promote democratic presently examining a number of pro- values and respect of human rights in the posals made by the Secretary General for fight against terrorism. It also stresses follow-up activities to his reports under that the proposals made reach deeply Article 52 of the European Convention into sensitive areas of national security, on Human Rights on the question of law and practice. It will therefore be secret detention and transport of detainees giving them careful consideration and

Situation in member states 41 Council of Europe return to this issue at one of its forth- 3. The Committee of Ministers will coming meetings. inform the Assembly of the result of its discussions in due course.

European Court of Human Rights – Commissioner for Human Rights

Execution of Court’s judgments Court of Human Rights by Italy, Turkey, Resolution 1516 (2006) Greece, and Romania. and Recommendation in certain states 1764 (2006), adopted on In cases relating to abuses by security 2 October 2006 Context services, Russia, Turkey and the United [See Document 11020 of Major structural deficiencies in judicial Kingdom still need to demonstrate con- the Assembly] systems of Italy, Russia and Ukraine are clusive results in providing redress to causing large numbers of repeated viola- applicants. tions of the European Human Rights Convention and represent, in the Action called for Assembly’s opinion, a serious danger to The Assembly calls on states to set up the rule of law. domestic mechanisms for rapid imple- The Assembly criticises the excessive mentation of the Court’s judgments in length of judicial proceedings in Italy, order not to put at stake the effective- where many cases take more than ten ness of the entire Convention system. years. In Russia, the most important In the Recommendation, it urges the problems are excessive length of pre-trial Committee of Ministers to increase by detention in overcrowded facilities, as all available means its effectiveness as well as chronic non-enforcement or the statutory guarantor of the imple- quashing of judges’ decisions. There are mentation of the Court’s judgments. It similar problems in Ukraine, made worse recommends, inter alia, to take firmer by interference with judicial independ- measures in cases of continuous non- ence. compliance with a judgment by a The Assembly also deplores separate spe- member state due to either refusal, neg- cific ongoing problems with implemen- ligence or incapacity to take appropriate tation of judgments of the European measures.

Abdelhamid Hakkar case the applicant had not had a fair trial. In Reply by the Committee December 1995 the Council’s Committee of of Ministers to [Note: Mr Hakkar was charged with the Mr Jurgen’s Written Ministers endorsed the Commission’s murder of a police officer. Although he has Question opinion and adopted a decision to the effect [Document 11042 of the always denied the charge, he was sentenced Assembly] to life imprisonment in his absence and that this violation had taken place.It has without being assisted by a lawyer. In June suggested that Mr Hakkar’s position be 1991 he filed an application against France reviewed at national level, but the French with the Council of Europe’s European Com- Minister of Justice, at that time, said that mission of Human Rights, which found that she did not consider such a review.]

Recalling that in his reply to a question Noting that the second conviction could Content of Written Ques- by Mr Jurgens in January 2004, the not become final at that time because it tion No. 481 Chairman of the Committee of Minis- had been subject first to an appeal and ters referred to the position of the French then to an application in cassation by authorities to the effect that Mr Abdel- Mr Hakkar; hamid Hakkar, who had received a Observing, however, that with the deci- second conviction in proceedings sion of the Court of Cassation of resulting from the reopening of his case 7 December 2005 rejecting Mr Hakkar's was not nonetheless required to serve application, the second conviction is no two consecutive terms of imprisonment longer subject to any possibility of for the same offence as the first convic- appeal and is therefore final, and that as tion would disappear as soon as the a consequence the initial conviction may second had become final; finally be suppressed;

42 Parliamentary Assembly Human rights information bulletin, No. 69

Noting furthermore that the initial life to inform the Assembly whether the sentence included a tariff of 18 years and French authorities today see any reason that this was reduced to 16 years by the why Mr Hakkar should not now be able second sentence but that in any event to be set free from his life sentence and a Mr Hakkar has now served 21 years in decision be taken to grant him parole prison, with respect to his other conviction(s). Mr Jurgens asks the Committee of Min- isters:

Reply by the Committee 1. The Committee of Ministers wishes branch specialising in the enforcement of Ministers to inform the Honourable Member that of sentences (tribunal d’application des in the context of its examination of the peines) under Article 729 et seq. of the question, the French delegation provided Code of Criminal Procedure. A decision the following information. to liberate a detainee on parole is given 2. It is assumed that the first part of by the Tribunal, a collegiate court which the question relates to the deletion of the pronounces itself “having heard the rep- first life sentence pronounced at the ini- resentative of the prison administration tial trial which was found to violate the and following an adversarial discussion European Convention on Human held in chambers during which the Tri- Rights. In this respect the government bunal hears the demands of the prosecu- confirms that the life sentence combined tion and the observations of the detainee with a 16-year tariff pronounced against or, where appropriate, his counsel” Mr Hakkar at his second, fair, trial (Translation, Article 712-7 of the Code of replaces the initial sentence. Criminal Procedure). 3. As regards the second part of the 5. In the present case, following question concerning the possibilities of Mr Hakkar’s application to be freed on liberation on parole, the government parole submitted on 3 February 2006, points out first of all that this must be the Tarbes Tribunal d’application des examined taking into account both peines, in a decision rendered on 31 July Mr Hakkar’s convictions for various 2006, declared the application admissible lesser offences and the life sentence with but dismissed it on the merits. Mr its irreducible 16-year punitive period. Hakkar appealed this decision and the 4. The government emphasises that case is at present pending before the applications to be freed on parole fall Chambre de l’application des peines at within the jurisdiction of a judicial Pau.

Recommendation 1763, Institutional balance at the Court, of its relationship with other adopted on 2 October authorities of the Council of Europe, and 2006 Council of Europe [See Document 11017 of of its prerogatives, would recognise the the Assembly] Among the institutional reforms the changed institutional reality and further Assembly judges necessary to improve enhance the major role played by the the institutional balance in the Organi- Court. sation, is the reconsideration of the status of the European Court of Human Among the proposals concerning the Rights. It estimates that the major role strengthening of its own role, the of the Court and its function as one of Assembly would like to be able to bring the three pillars in the Council’s struc- before the European Court of Human ture are not adequately reflected in the Rights serious violations by one of the institutional system and practice of the Contracting Parties of the rights guaran- Organisation. The Assembly considers teed by the European Convention on that a clarification of the status of the Human Rights and its Protocols.

Reply by the Committee 3rd annual report on the Extracts of Ministers to Recom- mendation 1640 (2004) activities of the Council of […] of the Assembly Europe Commissioner for Human [Document 11039 of the 2. The Committee of Ministers has Assembly] Rights (year 2002) drawn up its reply in the light of the considerations raised by the Commissioner

European Court of Human Rights – Commissioner for Human Rights 43 Council of Europe on the basis of the points raised in this authorities of the state concerned on the opinion. reforms advocated in his report. It also serves to keep the spotlight on these 3. In response to the general recom- reforms in the national debate. mendations made by the Parliamentary Assembly, the Committee of Ministers 6. In this context, the Commissioner joins the Commissioner in fully sharing pointed out in his opinion that any the Assembly’s view that it would be improvement in the performance of his desirable to increase the effectiveness of tasks, especially in this area, demands the implementation of his recommenda- the prior allocation of appropriate finan- tions and improve follow-up action on cial, and especially human, resources. his reports. Particular reference is made […]. to the proposal in paragraph 5 of the recommendation, encouraging the Com- 7. The Assembly also makes a number missioner to play a more active role in of specific proposals, most of which con- his task of promoting legislative change cern changes to the Commissioner’s where this proves necessary. terms of reference […]. The Committee of Ministers understands the reasons for 4. In practice, this role has assumed these proposals but takes note of the steadily increasing importance in the Commissioner’s comments on the sub- Commissioner’s fulfilment of his man- ject: date: the reports on effective respect for human rights that he draws up after making evaluation visits to each member a. The proposals made in paragraph 7a. state now invariably include recommen- and b. of the recommendation both con- dations to the authorities for eliminating cern the relationship with the European or reducing the obstacles to full enjoy- Court of Human Rights, especially the ment of fundamental rights. This is an possibility for the Commissioner either essential part of the Commissioner’s to bring cases before the Court or to mandate and his recommendations, intervene in cases pending before it. The once implemented at domestic level, Commissioner points out on this subject have beneficial consequences in preven- that Protocol No.14 to the European tive terms, ensuring that the member Convention on Human Rights has for states’ legal framework is more the moment settled this issue by pro- respectful of human rights. In directly viding in its Article 13 for a new para- tackling the sources of potential viola- graph 3 to be added to Article 36 of the tions of the rights and freedoms safe- Convention to the effect that in all cases guarded by the European Convention on before a Chamber or the Grand Human Rights, these recommendations Chamber, the Council of Europe Com- should at the same time serve to reduce missioner for Human Rights may the number of applications to the Euro- submit written comments and take part pean Court. in hearings.

5. Furthermore, to make his recom- In the Commissioner’s view, this new mendations more effective, the Com- right to take part in proceedings before missioner has set up a “monitoring” the Court is of great importance. In any procedure designed to check, after a rea- event, it is important to ensure that this sonable period, whether the state in new function in the judicial area does question has applied the recommenda- not detract from the performance of the tions made by the Commissioner in his many other functions assigned to him by evaluation report, and if so, to what the terms of reference. Obviously, too, extent. The monitoring report thus the experience acquired in the perform- drawn up is transmitted to the Com- ance of this new task will be useful if the mittee of Ministers. In the Commis- Commissioner is one day empowered to sioner’s view, this procedure is likely to bring cases before the Court, as the facilitate ongoing dialogue with the Assembly wishes. […].

On the Internet: http://assembly.coe.int/

44 Parliamentary Assembly Human rights information bulletin, No. 68 Commissioner for Human Rights

The Commissioner for Human Rights is an independent institution within the Council of Europe, created to promote awareness of and true respect for human rights in the member states of the Council of Europe.

Terms of reference

Functions of the Com- According to the terms of reference • facilitating the activities of national missioner for Human assigned to him in 1999, the Commis- ombudsperson institutions and other Rights sioner’s mandate includes the following human rights structures; and main areas: • fostering the effective observance of • providing advice and information human rights, and assisting member regarding the protection of human rights states in the implementation of Council across the region. of Europe human rights standards; • promoting education in and aware- The first Commissioner, Mr Alvaro Gil- ness of human rights in Council of Robles, held the post between Europe member states; 15 October 1999 and 31 March 2006, • identifying possible shortcomings in while the current Commissioner, the law and practice concerning human Mr Thomas Hammarberg, assumed the rights; position on 1 April 2006.

Country visits

Official visits

Germany, 9-20 October During this two-week official visit, the modation and detention centres for 2006 Commissioner was received by the asylum-seekers, as well as a mental Deputy Chancellor, the Minister of For- health care facility, and a shelter for vic- eign Affairs, the Minister of the Interior, tims of trafficking and violence. the Minister of Justice and Minister of Health as well as several senior officials of the federation. Mr Hammarberg also held consultations with the presidents of federal courts, members of the parliament, the Mayor of Berlin, and several state ministers in Saxony and Bavaria. In addition, he met leading representatives of civil society, and visited accom-

Contact visits

The Russian Federation, The Commissioner for Human Rights Council of Europe. During this visit, he Moscow, 5-7 July 2006 was in Russia from 5 to 7 July, taking also met representatives of the Russian part in events organised within the authorities in order to discuss the human framework of the Russian chairmanship rights situation. of the Committee of Ministers of the

Terms of reference 45 Council of Europe

The Commissioner for Human Rights NGO protesting against the 30-day Georgia, 12 July 2006 travelled to Tbilisi on a contact visit detention of five NGO activists for where he discussed the Georgian human holding a protest demonstration in front rights situation with the highest state of a courthouse. Mr Hammarberg officials, parliamentarians, judicial approached the authorities to discuss the authorities and NGOs. The most important discussions focused on the state of court decision, which had been taken by the penitentiary system in Georgia, the a judge, as well as the lack of possibility situation of internally displaced persons for an appeal. He also visited one of the (IDPs) and problems related to minorities. activists, Mr Irakli Kakabadze, who was During his visit, the Commissioner also taken to hospital with an illness on the followed up on an appeal made by a local second day of his detention.

During this contact visit, Mr Ham- Prosecutor General. He also held talks Armenia, 12-15 October 2006 marberg discussed human rights issues with the Human Rights Ombudsman, with Armenia’s highest authorities, and representatives of civil society; he including the President, the Foreign Min- ister, the President of the National visited temporary and permanent deten- Assembly, the Minister of Justice, the tion centres as well as psychiatric estab- President of the Supreme Court, and the lishments

Conferences

Events organised by the Office of the Commissioner for Human Rights

4th Round Table of European National Institutions for the Promotion and Protection of Human Rights and the Commissioner for Human Rights, Athens, 27 and 28 September 2006

Jointly with the Greek National Com- Participants discussed new opportuni- mission for Human Rights, the Commis- ties at the European level for NHRIs and, sioner for Human Rights held the 4th in particular, what new functions these Round Table of European National Institu- institutions were ready to assume in the tions for the Promotion and Protection of context of Protocol No. 14 to the Euro- Human Rights and the Commissioner for pean Convention on Human Rights. Human Rights, in Athens on 27and 28 There was also an exchange on the September. reflections offered by the Group of Wise The conference brought together the Persons on how NHRIs – in conjunction heads of national human rights institu- with the Commissioner – might further tions (NHRIs) as well as experts working support the European Court of Human on setting up such institutions. The Rights. Working groups discussed the event was opened by the President of the role for NHRIs with respect to counter- Hellenic Republic, and the Minister of terrorism legislation and practices, Justice. including the so-called rendition flights.

Conference on “Ombudswork for children”, Athens, 29 and 30 September 2006

The Commissioner for Human Rights sion of the different models of child- organised the event jointly with the Rus- themed ombudsman institutions and sian Federal Ombudsman for Human the advantages that the different models offer. Rights, and the Greek Ombudsman. The conference analysed how ombudsmen This conference brought together over a around Europe could protect children’s hundred participants, including national rights. The work started with a discus- and regional ombudsmen, the European

46 Commissioner for Human Rights Human rights information bulletin, No. 68

Ombudsman, Council of Europe and UN of children’s rights in daily ombuds- experts as well as NGO representatives. work, and featured a session on how to The conference, which was held in the more inclusively involve children in the framework of the Russian Chairmanship work of these institutions. This session of the Council of Europe’s Committee of was also attended by child participants. Ministers, also discussed the treatment

Seminar on “the evolution of moral values and human rights in a multicultural society”, Strasbourg, 30 October 2006

The seminar brought together well- included the Ombudsman of the Russian known secular and religious scholars, Federation, the Metropolite of Smolensk philosophers, theologists, as well as rep- and Kaliningrad, the President of the resentatives of Council of Europe Council for Promoting the Development member states and prominent experts. of Civil Society Institutions and Human The event was co-organised by the Com- Rights, as well as Mr Alvaro Gil-Robles, missioner’s office and the Russian the former Council of Europe Commis- Council for Promoting the Development sioner for Human Rights. of Civil Society Institutions and Human Rights, in light of Russia’s chairmanship The discussion was guided by the ideas of the Council of Europe’s Committee of formulated by the Volga Forum Declara- Ministers tion (Nizhny Novgorod, 7-9 September The aim of the seminar was to discuss 2006), and by the conclusions of earlier new approaches of understanding the conferences organised by the Commis- subject in the context of modern social sioner’s Office since 2000 on the rela- and cultural transformations in Europe, tionship between human rights as well as the development of intercul- principles and religious values and tural and interfaith dialogue around the beliefs, in particular the 2006 Kazan con- world. Some of the key speakers ference.

Participation in other events

The Commissioner addressed a number tive measures as well as on the develop- of high-profile conferences during this ment of comprehensive rehabilitation period, including the following: programmes. • On 5 July, the Commissioner • On 7-8 September, an international addressed the World Summit of Religious conference was held in Nizhniy Novgorod Leaders, meeting in Moscow from 3-5 on intercultural and interfaith dialogue; this July, which brought together representa- event brought together some 300 gov- tives from the major religions in the ernment representatives, experts and world. leading figures from religious communi- • Later in the day, Mr Hammarberg ties all across Europe. The participants took part in an NGO conference entitled reviewed the challenges and opportuni- “Human Rights in Russia during the Rus- ties of cultural diversity, the religious sian chairmanship of the Committee of Min- dimension of intercultural dialogue and isters of the Council of Europe and the G8”. the role of the media in promoting This conference brought together non- mutual understanding. In his address, governmental organisations from 33 the Commissioner praised the past con- regions and the federal level, as well as tribution of religious leaders to the pro- international NGO representatives. motion of human rights values, and stressed the importance of continued • In a speech to the 7th session of the dialogue between religious communities Conference of Prosecutors General of Europe and international organisations. in Moscow, 5-6 July, on “the role of the public prosecutor in the protection of individ- • On 18 September, at the international uals”, Mr Hammarberg made a case for conference of Helsinki on housing rights, reviewing European policies on juvenile organised jointly by the Finnish Min- justice. He argued for increased istry of the Environment, The Y Founda- emphasis on early detection and prevention, and the European Federation of

Conferences 47 Council of Europe

National Organisations Working with From 21 to 22 September 2006, a European the Homeless, the Commissioner spoke conference was organised in St Petersburg about the importance of non-discrimina- on “improving the quality of life of people with disabilities in Europe”. This event tory legislation in ensuring socially marked the launch of the Council of inclusive housing policies, and in partic- Europe Disability Action Plan 2006-2015. ular in respecting the rights of persons On this occasion, Mr Hammarberg deliv- with disabilities, homeless people, as ered a speech on the respect for human well as the Roma communities. rights for people with disabilities.

Viewpoints

The Commissioner has published a series the death penalty and the rights of of “Viewpoints”, covering topical issues people with disabilities. such as the Guantánamo scandal, the All these texts are available on the Com- right to asylum, sexual minority rights, missioner’s Web site. the independence of ombudsmen institutions, Roma evictions, social rights,

Co-operation

Council of Europe The Commissioner’s status as an inde- Human Rights and the Revised Social pendent institution within the Council Charter. Attended by government repre- of Europe endows him with a unique sentatives from 46 member states, the opportunity to work with its other insti- meeting discussed the benefits and chal- tutions, including human rights lenges of working with comprehensive monitoring mechanisms and intergov- Action Plans, as one possible tool to ernmental committees. implement and monitor the application On 24 October the Commissioner held a of agreed human rights standards. discussion with the Council of Europe’s According to the Commissioner, “sys- Steering Committee for Human Rights tematic planning puts human rights (CDDH), promoting the idea of monitoring on the domestic agenda on a National Action Plans for Human permanent basis. It provides for a con- Rights, which have already proved structive way to work with recommen- useful in some countries. dations from international monitoring The meeting was part of a series of reg- bodies. Such a comprehensive approach ular consultations on the modalities of is also likely to ensure that concerns of ensuring the full realisation of human vulnerable groups are not forgotten, and rights obligations and treaties, in partic- resources are allocated when there is a ular the European Convention on strong need.”

The European Parliament On 3 July, in an address to the European ments should share the responsibility for Parliament’s sub-committee on human resolving the challenges posed by such rights in Strasbourg, the Commissioner immigration trends. He stressed that presented his views on key human rights irregular migrants are entitled to a problems and emphasised that the Euro- number of rights (including the right to pean Union must increase cooperation due process, education and health care) in the area of immigration policy. under the established human rights According to him, the rights of irregular order, and pledged to prepare recommen- migrants are often undermined in dations on the practical aspects of Europe and also European Union govern- according these rights.

Internet site of the Commissioner for Human Rights: http://www.coe.int/commissioner/

48 Commissioner for Human Rights Human rights information bulletin, No. 68 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 the national authority is at the heart of the Convention, since the 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 For this purpose, it is entitled to visit any European Convention for the Prevention place where such persons are held by the of Torture and Inhuman or Degrading a public authority; apart from periodic Treatment or Punishment. The Secre- visits, the Committee also organises tariat of the CPT forms part of the visits which it considers necessary Council of Europe’s Directorate General according to circumstances (i.e., ad hoc of Human Rights. The CPT’s members visits). The number of ad hoc visits is are elected by the Committee of Minis- constantly increasing and now exceeds ters of the Council of Europe from a that of periodic visits. variety of backgrounds: lawyers, doctors The CPT may formulate recommenda- – including psychiatrists – prison and tions to strengthen, if necessary, the pro- police experts, etc. tection of persons deprived of their The CPT’s task is to examine the treat- liberty against torture and inhuman or ment of persons deprived of their liberty. degrading treatment or punishment.

Periodic visits

North Caucasian A delegation of the CPT carried out a • 1st inter-district division of ORB-2, region of the visit to the North Caucasian region of Urus-Martan the Russian Federation. The visit took Russian • 4th inter-district division of ORB-2, place from 4 to 10 September 2006 and Gudermes Federation was the ninth organised by the Council • Argun District Division of Internal of Europe Anti-Torture body to this part Affairs of Russia since 2000. • Gudermes District Division of The CPT’s delegation visited the fol- Internal Affairs lowing law enforcement establishments: • Leninskiy District Division of • IVS (temporary detention facility) of Internal Affairs, Grozny the Temporary Operational task force of • Naur District Division of Internal Agencies and Units (VOGOiP) of the Affairs Ministry of Internal Affairs of Russia, • Shali District Division of Internal located on the premises of ORB-21 in Affairs Grozny • Urus-Martan District Division of Internal Affairs 1. Operational/Search Bureau of the Main Department of the Ministry of Internal Affairs of • Zavodskiy District Division of Russia responsible for the Southern Federal Region. Internal Affairs, Grozny

European Committee for the Prevention of Torture (CPT) 49 Council of Europe

In the context of allegations of the One of the objectives of the visit was to unlawful detention of persons, the dele- obtain detailed information on investigation returned to the village of gations into cases involving allegations Tsentoroy (Khosi-Yurt) in the Kurchaloy of ill-treatment. In this context, the CPT’s delegation had constructive con- district. It also visited for the first time a sultations in Moscow at the Office of base situated in the outskirts of the Prosecutor General of the Russian Gudermes and currently used by the 9th Federation and subsequently, in Grozny, Company of the 2nd Regiment of the at the Office of the Prosecutor of the Internal Affairs Patrol-Sentry Service. Chechen Republic.

During the visit, which began on 10 Sep- • District Police Directorate, Targo- Bulgaria tember 2006, the delegation of the CPT vishte reviewed the measures taken by the Bul- National Service Border Police: garian authorities following the recommendations made by the Committee • Regional border sector, Dragoman after its previous visits. Particular atten- • Border crossing at Dragoman tion was paid to the treatment of per- • Border police station, Kalotina sons detained by the police and the border police, as well as to the conditions • Regional border sector, Russe in investigation detention facilities. The delegation also examined in detail var- Establishments under the Ministry of Jus- ious issues related to prisons, including tice the regime applied to life-sentenced pris- • Pleven Prison (with emphasis on oners and the situation of foreign pris- prisoners serving life sentences) oners. In the course of visits to psychiatric institutions, it looked into •Sliven Prison the implementation in practice of the • Sofia Prison legal safeguards related to compulsory placement under the new Health Act. A Investigation detention facilities at further area explored was the treatment of social care home residents. • Pazardjik; Pleven; Plovdiv; Popovo; Russe; Sliven; Slivnitza; Targovishte The delegation visited the following places: Establishments under the Ministry of Health Establishments under the Ministry of Internal Affairs • Byala State Psychiatric Hospital National Service Police: • Karlukovo State Psychiatric Hospital • 2nd District Police Directorate, • Regional Psychiatric Dispensary Pleven with inpatient wards, Russe • District Police Directorate, Popovo Establishments under the Ministry of • 2nd District Police Directorate, Russe Labour and Social Policy • District Police Directorate, Slivnitsa • Home for women with intellectual • 1st District Police Directorate, Sofia retardation in the village of Trustika, • 3rd District Police Directorate, Sofia Popovo municipality (Targovishte • Sobering-up centre, Sofia Region).

During the visit, which began on 27 Sep- Gaulle Airport, and deportation proce- France tember 2006, the CPT’s delegation dures; the use of restraints at the reviewed the steps taken by the French National Public Health Establishment at authorities following certain recommen- Fresnes; and conditions of custody in dations made by the CPT after its pre- police, gendarmerie and customs admin- vious visits: material conditions in istration establishments. various administrative detention centres The delegation also examined in detail for foreigners and at the immigration the recently adopted procedures and waiting area (ZAPI III) at Charles de safeguards in the context of counter-ter-

50 Convention for the Prevention of Torture Human rights information bulletin, No. 68 rorism operations through visits to the • Administrative Detention Centre for French Counter-Intelligence Service Foreigners in Marseille (“DST”), the Anti-Terrorist Division of • Blagnac 2 Administrative Detention the Central Directorate of Judicial Police Centre for Foreigners in Toulouse (“SDAT”), and the practical implementation of these procedures in Corsica. As At Roissy Charles de Gaulle Airport: regards the prison system, it examined several specific detention regimes, as • Police Headquarters (“5720” well as medical and psychiatric care for Building) detainees (in particular those provided • Immigration Waiting Zone (ZAPI by several regional medical and psycho- III) and Border Police Divisions (at Ter- logical departments). It also visited, for minals 1 (Division and Station), 2A, 2E the first time, a jointly managed (public- and 2F) private) remand prison in Seysses, near • Mobile Research Brigade (Immigra- Toulouse, as well as a Closed Educational tion) of the Border Police Centre for Minors at Mont de Marsan. The delegation also assessed the condi- • Local Removal Unit tions in which health care was provided • Holding facilities used by the Cus- to detainees in the secure rooms at toms Administration, Terminal 2 Moulins-Yzeure Hospital. Discussions were also held with the Establishments under the authority of Ombudsman, the Ombudsman for Chil- the Ministry of Justice dren, the National Consultative Com- • Fresnes Remand Prison (unit for mission on Human Rights, the National male prisoners, disciplinary and seclu- Ethics and Security Commission, as well sion units, regional medical and psycho- as with representatives of non-govern- logical service (“SMPR”)) mental organisations active in areas of concern to the CPT. • National Public Health Establish- ment, Fresnes The delegation visited the following • Seysses Remand Prison (including places: the SMPR) Law enforcement establishments • Moulins-Yzeure Prison (including the UCSA) • French Counter-Intelligence Service • Closed Educational Centre for (“DST”), Rue Nélaton, Paris Minors, Mont de Marsan • Anti-Terrorist Division of the Cen- • Holding cells of the Bastia Court- tral Directorate of Judicial Police house (“SDAT”), Rue des Saussaies, Paris • Secure waiting room at the Moulins • “Dépôt” of the Paris Police Prefecture Courthouse (including the Administrative Detention Centre for Women), Quai de l’Horloge, Establishments under the authority of Paris the Ministry of Health • Moulins Police Station (Allier) • Secure rooms at Moulins-Yzeure Hos- • Bastia Police Headquarters (holding pital cells, administrative detention premises • Georges Marchand Hospital, Toulouse and judicial police investigation services (targeted visit on the procedures and of Upper Corsica) conditions of hospitalisation of • Toulouse Police Headquarters detainees) • Upper Corsica Gendarmerie Head- Further, the CPT’s delegation held dis- quarters (holding cells and research bri- cussions with detainees charged with or gade) sentenced for acts of terrorism at Borgo Prison. In this establishment it also con- • St Michel Autonomous Territorial sulted medical files on admission and Brigade of the Gendarmerie, Toulouse interviewed persons held under ordinary • Palaiseau, Vincennes 1 and Vin- criminal law who had recently been in cennes 2 Administrative Detention Cen- the custody of law enforcement agen- tres for Foreigners cies.

Periodic visits 51 Council of Europe

During the visit, which began on • Detention facilities at Henry Street Ireland 2 October, the delegation reviewed the Garda station, Limerick measures taken by the Irish authorities • Detention facilities at Kevin Street following the recommendations made Garda station, Dublin by the Committee after its previous visits. Particular attention was paid to • Detention facilities at Mountjoy the treatment of persons detained by the Garda station, Dublin An Garda Síochána (Police) and the oper- • Detention facilities at Mullingar ation of the various safeguards in place. Garda station The delegation also examined in detail a • Detention facilities at Roxborough number of issues relating to prisons, Road Garda station, Limerick including the conditions of detention of inmates in segregation or subject to • Detention facilities at Sligo Garda measures of protection, the phenom- station enon of inter-prisoner violence, the pro- • Detention facilities at Store Street vision of health care and issues Garda station, Dublin pertaining to complaints and discipline. • Prison Service: Another area of examination related to mental health care of prisoners and the • Castlerea Prison care provided to forensic psychiatric • Cloverhill Prison patients. • Limerick Prison The delegation visited the following places: • Mountjoy Prison • Saint Patrick’s Institution for Youth Establishments under the Ministry of Jus- Offenders tice, Equality and Law Reform Targeted visits were also paid to Cork An Garda Síochána: and Wheatfield Prisons to examine per- • Detention facilities at Athlone Garda sons held in the segregation areas and station those subject to measures of protection. • Detention facilities at Castlerea Establishments under the Ministry of Garda station Health and Children • Detention facilities at Galway Garda station • Central Mental Hospital, Dundrum

Reports to governments following visits

After each visit, the CPT draws up a The Committee’s visit report is, in prin- report which sets out its findings and ciple, confidential; however, almost all includes recommendations and other states chose to waive the rule of confi- advice, on the basis of which a dialogue dentiality and publish the report. is developed with the state concerned.

Reports on the CPT’s visits in authorities could only foster a climate of Albania July 2003 and May/June 2005 impunity. The Committee made specific (published 12 July 2006) recommendations regarding the effec- Many persons interviewed by the CPT’s tiveness of investigations into possible delegation during the 2003 visit alleged ill-treatment by law enforcement offi- that they had been ill-treated whilst in cials. police custody. Most of these allegations In the pre-trial detention facilities at related to ill-treatment during ques- Elbasan and Shkodra, the CPT’s delega- tioning by officers of the criminal police. tion found extremely poor material con- Following examination of a number of ditions combined with a very restrictive individual cases of alleged ill-treatment, regime. Inmates were locked up in their the CPT concluded that the lack of an cells for more than 23 hours per day, fre- effective and appropriate response from quently for prolonged periods (in some the prosecuting/judicial and disciplinary cases, up to 20 months).

52 Convention for the Prevention of Torture Human rights information bulletin, No. 68

The 2005 visit revealed that little cedural safeguards for persons placed in progress had been made in the imple- psychiatric hospitals on an involuntary mentation of the recommendations pre- basis, was now being effectively imple- viously made by the CPT. In the report mented. on that visit, the Committee called upon the Albanian authorities to take urgent In March 2006, the CPT returned to action to improve the situation. In Albania, in order to review the measures response, the Albanian authorities pro- taken by the Albanian authorities in vided detailed information about various response to the recommendations made measures taken to improve conditions of in previous visit reports. The report on detention in pre-trial detention facilities. that visit has just been adopted by the They also indicated that the 1996 CPT and will be transmitted to the Alba- Mental Health Act, which provides pro- nian authorities shortly.

United King- Reports on the CPT’s visits in July and The November 2005 visit was focused dom November 2005 (published 10 August on the treatment of certain persons 2006) recently detained under the Immigration Act 1971, with a view to being deported; During the July 2005 visit, the CPT’s del- for this purpose, the delegation visited egation examined the treatment of per- Full Sutton and Long Lartin Prisons as well as Broadmoor Special Hospital. Par- sons detained under the Terrorism Act ticular attention was given to the mental 2000 and, in this context, visited Pad- health of the individuals concerned.The dington Green High Security Police Sta- delegation also revisited Paddington tion and Belmarsh Prison. The practical Green High Security Police Station and operation of the Prevention of Terrorism once again met persons served with con- Act 2005 was also examined, and various trol orders under the Prevention of Ter- persons served with control orders under rorism Act 2005. During this visit, the that Act were met by the delegation. In delegation held an exchange of views addition, the delegation examined the with the United Kingdom authorities on treatment of persons detained at Camps- the use of diplomatic assurances in the field House Immigration Removal context of deportation proceedings and Centre. related Memoranda of Understanding.

Turkey Report on the CPT’s visit in legal safeguards against ill-treatment December 2005 (published currently in force. Attention was also 6 September 2006) given to developments in F-type (high- These documents have been made public security) Prisons, in particular as regards at the request of the Turkish authorities. communal activities for inmates and the During the December 2005 ad hoc visit, regime applied to prisoners serving a sen- the CPT's delegation reviewed the situa- tence of aggravated life imprisonment. A tion in practice as regards the treatment third objective of the visit was to of persons held by the law enforcement examine procedures for the administra- agencies (police and gendarmerie) and tion of electroconvulsive therapy (ECT) assessed the day-to-day operation of the in psychiatric establishments.

Andorra Report on the CPT’s visit in February improve the material conditions of 2004 (published 20 September 2006) detention in prison establishments. The The report contains, in particular, rec- responses of the Andorran Government ommendations to strengthen funda- outline the efforts undertaken by the mental safeguards against ill-treatment Government to implement the Com- of persons in police custody, and to mittee’s recommendations.

Norway Response of the Government of the CPT’s most recent visit to that Norway (published 4 October 2006) country, in October 2005. The response The CPT published the response of the was made public at the request of the Government of Norway to the report on Norwegian authorities.

Reports to governments following visits 53 Council of Europe

Publications

Annual Report of the CPT

The 16th General Report published on dations on key issues, the Committee 16 October stresses in particular the co- will have little choice but to consider operation with UN. To facilitate that co- having recourse to its power to issue a operation, the CPT proposes that those public statement”. States – already 14 – bound by both the The continuing trend of States lifting ECPT1 and the OPCAT2 agree that CPT the veil of confidentiality and agreeing visit reports and government responses to the publication of CPT visit reports is be immediately and systematically for- also highlighted: 165 of the 206 visit warded to the UN Subcommittee on a reports drawn up to date have been confidential basis. placed in the public domain. In addition, the General Report provides details on the 18 visits carried out by the The CPT addresses the contentious issue CPT during the last twelve months, and of the use of means of restraint in psy- on the level of co-operation shown chiatric establishments, and encourages towards the Committee. The CPT gives practitioners to engage with the Com- notice that “if faced with solid evidence mittee on this subject. Emphasis is of intimidatory or retaliatory action placed on the total unsuitability of cer- against a person before or after contact tain mechanical restraints still to be with a CPT delegation, or with a per- found in some psychiatric hospitals vis- sistent failure to implement recommen- ited by the CPT – “Handcuffs, metal chains and cage-beds clearly fall within 1. The Convention establishing the CPT. this category; they have no rightful place 2. Optional Protocol to the United Nations Con- in psychiatric practice and should be vention against Torture. withdrawn from use immediately”.

Update of “The CPT standards”

The “substantive” sections drawn up to aliens legislation, involuntary placement date – which deal with police custody, in psychiatric establishments and juve- imprisonment, training of law enforce- niles and women deprived of their lib- ment personnel, health care services in erty – are brought together in this prisons, foreign nationals detained under document.

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

54 Convention for the Prevention of Torture Human rights information bulletin, No. 69 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: the Revised European Social Charter, which came into force in 1999, is gradually replacing the initial 1961 treaty.

Signatures and ratifications

All 46 member States of the Council of the 1961 Charter and 22 the Revised Europe have signed the 1961 Charter or Charter). the 1996 Revised Charter and 38 have See Appendix: Simplified chart of ratifica- ratified either of these instruments (16 tions of European human rights treaties, page 93.

About the Charter

Rights guaranteed posed of fifteen members elected by the The rights guaranteed by the Charter Council of Europe’s Committee of Min- concern all individuals in their daily isters – decides, in “conclusions”, lives, in such diverse areas as housing, whether or not the States complied with health, education, employment, legal their obligations. In the second hypoth- and social protection, the movement of esis, if a State takes no action on a deci- persons, and non-discrimination. sion of non-conformity, the Committee of Ministers addresses it a recommenda- National reports tion asking it to change the situation. The States parties submit a report indicating how they implement the Charter Complaints procedure in law and in practice. As from 2007 States will submit reports Under a Protocol opened for signature in on one of the four thematic groups: 1995, which came into force in 1998, • Theme 1: Employment, training and complaints of violations of the Charter equal opportunities may be lodged with the European Com- •Theme 2: Health, social security and mittee of Social rights by certain organi- social protection sations. The Committee’s decision is forwarded to the parties concerned and •Theme 3: Labour rights the Committee of Ministers, which • Theme 4: children, families, adopts a resolution, by which it may rec- migrants. ommend that the state concerned take On the basis of these reports, the Euro- specific measures to bring the situation pean Committee of Social Rights – com- into line with the Charter.

European Committee of Social Rights (ECSR)

On 8 November 2006 (979th meeting) • Ms Monika Schlachter (Germany) the Committee of Ministers declared the • Ms Csilla Kollonay Lehoczky (Hun- following candidates elected as members gary) of the ECSR, with effect from 1 January 2007, for a term of office which will • Mr Jean-Michel Belorgey (France) expire on 31 December 2012: • Mr Andrzej Swiatkowski (Poland).

Signatures and ratifications 55 Council of Europe

The Committee of Ministers also will expire on 31 December 2010 declared the following candidate elected (replacing Mr Gerard Quinn): as member of the ECSR, with effect immediately, for a term of office which Mr Colm O’Cinneide (Ireland).

Significant meetings

Major awareness activities

In the framework of the 7th “Académie A Round Table on poverty and social européenne d’été” organised by the uni- exclusion was organised by the Finnish versities of Rennes and Grenoble, a Presidencey of the European Union on Round Table took place from 4 to 8 Sep- 16 and 17 October in Tampere (Finland). tember 2006 on economic and social Several ministers, members of the Euro- rights, during which a presentation on pean Parliament, senior Finnish and the evolution of the Social Charter, the European civil servants, social partners monitoring procedure and the European and various NGO participated. Committee of Human Rights (ECSR) The statement on the Social Charter was made and prompted many reac- concerned especially the right to social tions. and medical assistance and on the right Comments on the decision on the to a minimum wage. merits of the complaint Autism- An international Colloquium “Social Europe v. France (No. 13/2002) were Rights in European and Interna- presented on 7 October, in Paris at the tional Treaties”was held on 23 and 24 International Colloquium on Autism October and focused on the Social organised by the association “Lea for Charter. The proceedings will be pub- Sami”. lished.

Meetings in the framework of the Action Plan of the 3rd Summit

Erevan, 5 and 6 July 2006 Tirana, 24 and 25 October 2006 This seminar, which took place after the The reform of the Armenian Labour publication of the first ECSR conclu- Code was postponed in order to take sions on Albania, enabled the authorities into account the conclusions of the and other partners involved in the imple- ECSR following the examination of the mentation of the Charter to develop their knowledge of this treaty, its case- 1st report of this country, and make fur- law and the new system for the presen- ther amendments – in addition to those tation of reports (see above). A real polit- already planned – concerning provisions ical will to improve the social situation which might not comply with the has been shown in spite of the economic Charter. difficulties

Collective complaints

A new complaint was registered on Articles 21 and 22. It alleges interference 3 July 2006. It was lodged by the “Frente in the right to collective bargaining and Comum de sindicatos da Administração the right to take part in the determina- Publica” against Portugal (No. 36/2006). tion and improvement of working condi- It relates to Articles 6 §2 alone or com- tions in the public sector as well as trade bined with Article E, as well as union discrimination.

56 European Social Charter Human rights information bulletin, No. 69

Publications

• The European Social Charter (revised) • The Social Charter at a glance in Alba- in Croatian (exists also in English, nian (exists also in English, French, French, Bosnian, Dutch, German, Dutch, Georgian, German, Italian, Italian, Norwegian, Polish, Portuguese, Polish, Romanian, Russian, Slovenian Romanian, Russian, Slovenian) and Turkish).

Website: http://www.coe.int/T/E/Human_Rights/Sce/

Publications 57 Council of Europe Framework Convention for the Protection of National Minorities

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

First monitoring cycle

The evaluation of the adequacy of the appropriate, it may also adopt recom- implementation of the Framework Con- mendations in respect of the State Party vention by the Parties is carried out by concerned. the Committee of Ministers, assisted by an Advisory Committee. The Parties are The first state report concerning Latvia required to file periodically a report con- was received on 11 October. taining full information on legislative The Advisory Committee on the Frame- and other measures taken to give effect work Convention for the Protection of to the principles of the Framework Con- National Minorities adopted its first vention. opinion on Portugal on 6 October. A The Committee of Ministers takes the meeting was held in Strasbourg on final decisions (called “conclusions”) 12 September with a Portuguese delega- concerning the adequacy of the meas- tion in the context of the preparation of ures taken by the State Party. Where the 1st Opinion on Portugal.

Second monitoring cycle

Second cycle state reports Second state reports were received in Cyprus on 27 October and Sweden on respect of Lithuania on 3 November, 13 July.

Advisory Committee’s Opinions The Advisory Committee adopted Below is a summary of the Advisory second opinions on Norway on Committee’s Opinion. 5October and Ireland on 6 October. “Ireland has taken a number of significant The second Opinion on Ireland, measures to advance the implementation of adopted on 6 October, was made public the principles of the Framework Convention, on 30 October at the country’s initia- the pertinence of which has only increased tive. The President of the Advisory Com- with the expanding diversity of the country. mittee, Mr Alan Phillips, stressed that The institutional framework to combat dis- Ireland is the first country to make the crimination is advanced and legislation in Advisory Committee’s Opinion public this sphere has been further improved. These immediately upon its receipt. legal guarantees are particularly important Mr Phillips encouraged other countries to Travellers and to more recent minority to follow this positive example and to groups, who continue to face discrimination increase thereby the transparency of the in various contexts. It is essential that the Framework Convention’s monitoring accessibility and effectiveness of the related process. remedies are guaranteed.

58 Framework Convention for the Protection of National Minorities Human rights information bulletin, No. 69

In the area of accommodation, promising should step up their efforts to involve Travel- plans have been put in place, but their imple- lers in their work.” mentation remains uneven. Travellers con- A follow-up meeting on the implemen- tinue to face significant problems also in the tation of the Framework Convention for field of education, where the planned the Protection of National Minorities strategy, coupled with an implementation was organised in Estonia on 9 October. plan, needs to be launched and monitored A meeting was held in Croatia on 15 rapidly. There have been a number of positive and 16 September to continue the dia- examples of Travellers' participation in deci- logue with regard to the monitoring of sion-making, but certain new structures, such the Framework Convention in this as the High Level Group on Travellers, country.

Election of the Bureau of the Advisory Committee

On 4 October the Advisory Committee Alan Phillips, elected elected members of the Bureau for a president of the Bureau of period of two years. The following mem- the Advisory Committee bers were elected: Mr Alan Phillips (Pres- ident), Ms Ilze Brands-Kehris (1st Vice President) and Mr Gunnar Jansson (2nd Vice-President).

Monitoring of Cyprus and the United Kingdom

At their 974th meeting (27 and 28 Sep- down by Article 25, paragraph 1, of the tember), the Deputies, recalling the Framework Convention and Com- decision taken at their 832nd meeting mittee of Ministers’ Resolution (97) 10, (19 March 2003) concerning authorisa- decided in the light of the present tion of the Advisory Committee to debate to authorise the Advisory Com- commence monitoring without state mittee to commence monitoring in reports; and taking note of the fact that respect of these two states as provided Cyprus and the United Kingdom have in the above-mentioned decision and failed to supply state reports 24 months without prejudice to any other moni- after the expiry of the time-limit laid toring procedure.

Seminar on national minorities and education

A seminar on minorities and education participants considered possible was organised on 18 October in Stras- responses to linguistic concerns as well bourg within the Chairmanship of the as other important subjects of relevance Russian Federation of the Committee of to national minorities in our increasingly Ministers of the Council of Europe. It multicultural societies. brought together some 100 government representatives, experts, researchers and The seminar focused on aspects con- representatives of civil society from cerning education within the Frame- across Europe. Those taking part exam- work Convention and highlighted ined the latest developments relating to pertinent work of other international the protection of national minorities, in organisations, including the OSCE High particular in the field of education. The Commissioner on National Minorities.

Election of the Bureau of the Advisory Committee 59 Council of Europe

Intergovernmental activities

The Committee of Experts on Issues The discussions on the themes of relating to the Protection of National media, non-discrimination and electoral Minorities (DH-MIN) held its fourth law will be pursued in the future (sub- meeting on 19-20 October in Strasbourg. ject to the approval by the Committee Among the main topics discussed at the of Ministers of the new mandate of the meeting were: the specific regulations DH-MIN beyond 31 December 2006). relevant for national minorities contained in electoral laws and the laws on The DH-MIN adopted a report outlining political parties, access of national its activities over the last two years, and minorities to media, with particular decided – with regard to future work – to emphasis of new media (digital broad- take up new themes gradually, so as not casting and ICTs), impact of interna- to over-burden the Committee’s agenda. tional non-discrimination norms on the Proposed new themes include: the issue protection of national minorities and of permissibility of data collection con- good practices in the field of consultative cerning national minorities and appro- mechanisms of national minorities. priate methods for gathering such data, With regard to this last topic, the DH- the promotion of the use of native lan- MIN decided to issue the “Handbook on guages in minority communities and the consultation mechanisms of national use of the existing binding and non- minorities”, based on contributions pre- binding instruments concerning the pro- pared by Marc Weller, Director of the tection of national minorities and non- European Centre for Minority Issues. discrimination in relation to new com- The aim of this handbook is to assist munities. In addition, at the request of States in developing further their con- the Committee of Ministers, the DH- sultation policies of minorities, MIN will examine the text of a draft including through the enhancement of response to Recommendation 1735 their minority consultative mecha- (2006) of the Parliamentary Assembly on nisms. the concept of “nation”.

Monitoring mission

Mr Rainer Hofmann, former President of the situation of the respective minorities the Advisory Committee on the Frame- in Romania and Ukraine. The first mon- work Convention, was appointed by the itoring visit was carried out to the Cher- Secretary General of the Council of nivtsi region, Ukraine, from 10 to Europe as a Council of Europe expert, to 14 October. A second monitoring visit assist the Romanian-Ukrainian Joint will be carried out to Botosani and Intergovernmental Commission on Suceava counties in Romania, in National Minorities in its monitoring of November.

The Framework Convention on the Internet: http://www.coe.int/minorities/ e-mail: [email protected]

60 Framework Convention for the Protection of National Minorities Human rights information bulletin, No. 68 Human rights co-operation and awareness

Bilateral and multilateral human rights assistance and awareness programmes are being implemented by the Directorate General of Human Rights of the Council of Europe. They are intended to facilitate the fulfilment by member states of their commitments in the human rights field.

Training activities

Kosovo Cascade training seminars for judges security of person and the right to a fair and prosecutors trial, as protected in the ECHR and other international human rights instruments Mitrovica (5-6 July), Pristina (4-5 September) and in Kosovo legislation and practice. and Gjilan (2-3 October), Kosovo – UNMIK The seminar held in Gjilan dealt with Administration (Republic of Serbia) Article 2 (right to life) and Article 3 (pro- A series of six training seminars took hibition of torture) of the ECHR. They place during 2006 in Kosovo. It aims at were organised in co-operation with the strengthening the knowledge of judges Kosovo Judicial Institute. The trainers and prosecutors on key concepts of the were local judges and prosecutors who European Convention on Human Rights have previously qualified as ECHR (ECHR). trainers under a programme of the The seminars in Mitrovica and in Pris- Human Rights Co-operation and Aware- tina focused on the right to liberty and ness Division (HRCAD).

Russian Federa- Seminar on the application of the and fighting impunity and pre-trial tion ECHR by law enforcement officers in detention standards (length, justifica- Chechnya tion, judicial supervision, presumption Pyatigorsk, 22-23 August 2006 of innocence). The participants were representatives of the Ministry of the The seminar aimed to familiarise the law Interior, Ministry of Justice, Prosecution enforcement officers with relevant jurisprudence of the European Court of Service, Federal Security Service, Federal Human Rights (ECtHR) relating to their Service for Execution of Sentences, and daily work, including the use of force lawyers, judges and members of the local and police conduct vis-à-vis the civilian legislature in Chechnya. This activity is population and suspects, arrest (condi- part of the 2006 Programme of Co-oper- tions, lawfulness, non-arbitrariness), ation Activities of the Council of Europe interrogations, gathering of evidence, and the Russian Federation in respect of prosecutions, effective investigations Chechnya.

Albania Study session on the ECHR in the Albanian university institutes and context of the summer university associations. It included lectures on “Democracy and participation” the European system of human rights Vlora, 25 August 2006 protection, positive obligations under The study session was organised for the ECHR and the role of civil society young Albanian human rights activ- in strengthening protection of civil and ists, in co-operation with the associa- political rights in south-eastern tion KRIIK Albania and a network of Europe.

Training activities 61 Council of Europe

Study sessions on the new “Act on the to trial without undue delay” which will Slovenia protection of a right to trial without enter into force in Slovenia on 1 January undue delay” of Slovenia 2007. Discussions focused on the stand- Brdo, 25-26 September 2006, Ljubljana, 23-24 ards of the ECHR as regards reasonable October 2006 time for legal proceedings and the right The sessions were organised in collabora- to an effective remedy before a national tion with the Ministry of Justice of Slov- enia for judges and state attorneys on authority, as well as experiences from the new “Act on the protection of a right other European countries in this field.

Seminar for Russian judges’ trainers Training session on human rights and Russian Federa- on “New trends in the jurisprudence ethnic minorities for the Russian tion of the ECtHR” in cases related to Militia Article 1 of Protocol No. 1 to the Omsk, 4-6 October 2006 ECHR Training seminars on human rights Kazan, 26-28 September 2006 standards and policing minority ethnic The seminar was part of a series of communities for the Russian Militia are training sessions for judges’ trainers sup- organised in different regions of the Rus- ported by HRCAD and organised by the sian Federation as part of the HRCAD Russian Academy of Justice under the “Police and Human Rights Programme”. Joint Programme between the Council of The third session on human rights and Europe and the European Commission ethnic minorities of a series of four was (Russia VIII). The participating judges held for law enforcement officers from were presidents of regional courts. Their the training institutes of the Russian level of ECHR-related knowledge is Ministry of the Interior in the region of already quite good and they are expected Omsk. The previous seminars were held to act as multipliers for other judges in Volgograd (April 2006) and in Chel- within their courts. yabinski (July 2006).

First annual meeting of the European groups were therefore created to work Strasbourg Programme for Human Rights on the following subjects: Education for Legal Professionals • The integration of the ECHR into (HELP) the curricula of training structures/ Strasbourg, 17 October 2006 schools; • The development of training mater- The objective of the meeting, which ials on human rights; brought together 38 member states, was to discuss the results of the previous • The preparation of a manual on meetings. On those occasions, a large training methodology for use by the majority of the representatives of ECHR trainers. training structures for the judiciary had The secretariat also presented a trial ver- confirmed that, although training on the sion of an internet site, inter alia con- ECHR took place in their country, the taining information and a database on level of knowledge of the ECHR and the training materials and methods, training skills/mentality needed to apply it were events and a list of ECHR experts. The still insufficient. The HELP Programme Internet site will have interactive func- will develop tools and materials that tions for communication and exchange respond to these needs. Three working of information.

Study visits

Study visits were organised to Stras- of the Republic of Armenia (20-22 Sep- bourg for the Deputy Head of the Office tember 2006) and to Budapest to the of the Government Agent of Moldova Office of the Government Agent of Hun- (4-8 September 2006) and for the gary for three members of the Office of Human Rights Defender (Ombudsman) the Government Agent of Serbia before

62 Human rights co-operation and awareness Human rights information bulletin, No. 68

the European Court of Human Rights These visits aimed at familiarising par- (11-15 September 2006). ticipants with the practical functioning of the European human rights protection system.

Translations

In order to raise public and professional found in the text of the ECHR itself or in awareness of the Council of Europe the case-law of the ECtHR. The glossary human rights instruments in the coun- can be useful for translators and inter- tries where co-operation activities are preters but also for legal professionals being carried out, HRCAD provides pub- who use the ECHR directly in their lications dealing with human rights domestic legal system. issues in non-official languages. The Short guide to the ECHR translations are available on-line. The publication Short guide to the Euro- Glossary of ECHR terminology pean Convention on Human Rights (Donna A glossary of ECHR terminology has Gomien, 2005, Council of Europe Pub- been drawn up and translated into Alba- lishing) has been translated into Bos- nian, Azerbaijani, Bosnian, Georgian, nian/Croatian/Serbian. The translation Romanian, Russian, Serbian and was produced by HRCAD in co-opera- Turkish. The objective is to provide reli- tion with the Information Office of the able translations of terms which can be Council of Europe in Sarajevo.

Web site: http://www.coe.int/awareness/

Translations 63 Council of Europe Equality between women and men

Since 1979, the Council of Europe has been promoting European co- operation to achieve real equality between the sexes. The Steering Committee for Equality between Women and Men (CDEG) has the responsibility for co-ordinating these activities.

Campaign to combat trafficking in human beings

The Council of Europe Campaign to tion on Action against Trafficking in Combat Trafficking in Human Beings Human Beings. was launched in 2006. It aims to raise As part of the campaign, regional infor- awareness among governments, parlia- mation and awareness-raising seminars mentarians, NGOs and civil society of are organised. During the period covered by this Bulletin, two seminars were held, the extent of the problem of trafficking under the title Action against Trafficking in in human beings in Europe today. The Human Beings: Prevention, Protection and campaign also aims to promote the Prosecution: one in Riga (Latvia) in Sep- widest possible signature and ratifica- tember 2006 and one in Rome (Italy) in tion of the Council of Europe Conven- October 2006.

This second regional information and protecting the human rights of victims Riga, 21-22 Sep- awareness-raising seminar was organ- and prosecuting traffickers. tember 2006 ised in co-operation with the Latvian Furthermore, the participants presented Ministry of the Interior and with the and discussed measures and actions support of the Latvian Ministry of For- against trafficking in human beings eign Affairs and the Council of Europe taken at national level by the partici- Information Centre in Riga. pating countries, in particular in the The purpose of the seminar was two- light of the multidisciplinary measures fold. It substantiated the Council of of the Council of Europe Convention. Europe Convention as an efficient The seminar constituted a valuable instrument for combating trafficking in opportunity for participants to exchange human beings by means of its multidis- and share their experiences of national ciplinary approach incorporating meas- legislative measures and policies to com- ures for preventing trafficking, bating trafficking in human beings

The third information and awareness- tries (Albania, Greece, Malta, Portugal, Rome, 19-20 raising seminar – co-organised with the Spain and Turkey). October 2006 Department of Rights and Equal Oppor- Jean-Sébastien Jamart, keynote speaker at the tunities of the Presidency of the Council Rome seminar of Ministers of Italy – was dedicated to Italy, a Council of Europe member state which, for more than ten years, has faced an increase in trafficking in human beings.

During this event, Council of Europe speakers together with national experts in human rights, criminal and prosecution matters as well as NGO representatives discussed the specific situation in Special attention was paid to the pro- Italy and measures taken in other coun- motion of the Council of Europe Con-

64 Equality between women and men Human rights information bulletin, No. 69 vention on Action against Trafficking in presentation on the role of the Council Human Beings which is a new and of Europe Commissioner for Human effective tool at European level to Rights in the fight against trafficking combat this new form of slavery. A was held.

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

Campaign to combat trafficking in human beings 65 Council of Europe European Commission against Racism and Intolerance (ECRI)

The European Commission against Racism and Intolerance (ECRI) is an independent human rights body monitoring issues related to racism and racial discrimination in the 46 member states of the Council of Europe.

ECRI’s programme of activities comprises three inter-related aspects: country-by-country approach; work on general themes; and activities in relation to civil society.

Country-by-country approach

Within this approach, ECRI closely examines the situation concerning racism and intolerance in each of the member states of the Council of Europe. Following this analysis, 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.

In 2003, ECRI started work on the third countries. The aim of ECRI’s contact round of this country-specific moni- visits is to obtain as detailed and com- toring. The third round reports focus on plete a picture as possible of the situa- implementation, by examining whether tion regarding racism and intolerance in and how effectively the recommenda- the respective countries, prior to the tions contained in ECRI’s previous elaboration of the country reports. The reports have been implemented. The visits provide an opportunity for ECRI’s reports also examine in more depth spe- rapporteurs to meet officials from minis- cific issues, chosen according to the situ- tries and national public authorities, as ation in each country. ECRI’s country- well as representatives of NGOs and by-country approach concerns all anyone concerned with issues falling Council of Europe member states on an within ECRI’s remit. equal footing and covers 9 to 10 coun- At its next plenary meeting in December tries per year. 2006, ECRI will discuss the draft reports In autumn 2006 ECRI carried out con- of these four countries which, after a tact visits in Azerbaijan, Finland, Ireland process of confidential dialogue, will be and Monaco, as part of the process of adopted and published by ECRI in spring preparing third round reports on these 2007.

Work on general themes

ECRI’s work on general themes covers important areas of current concern in the fight against racism and intolerance, frequently identified in the course of ECRI’s country monitoring work. This work has often taken the form of General Policy Recommendations addressed to the governments of member states, intended to serve as guidelines for policy makers.

General Policy Recommendations ECRI has adopted to date nine General elements of national legislation to Policy Recommendations, covering some combat racism and racial discrimination; very important themes, including: key the creation of national specialised

66 European Commission against Racism and Intolerance (ECRI) Human rights information bulletin, No. 69

bodies to combat racism and racial dis- draft General Policy Recommendation crimination; combating racism against No. 10 on combating racism and racial Roma; combating Islamophobia in discrimination in school education. The Europe; combating racism on the text has since then been the subject of a Internet; combating racism while written consultation process involving fighting terrorism; and combating relevant circles (national specialised antisemitism. bodies, concerned NGOs, teachers’ and ECRI has also produced compilations of parents’ associations), prior to its sub- good practices to serve as a source of mission to ECRI for final adoption at inspiration in the fight against racism. ECRI’s 41st plenary meeting (12-15 In December 2005 ECRI decided on the December 2006). themes of its two future General Policy With regard to the preparation of ECRI's Recommendations. The first will deal future General Policy Recommendation with measures to improve access to No. 11 on combating racism and racial school education as a factor for integra- discrimination in policing, the working tion as well as the role of school educa- group responsible for drafting the text tion in combating racism and racial held a consultation meeting with out- discrimination. The second will be side experts specialised in this field on devoted to combating racism and racial 7 July 2006, in order to further define its discrimination in policing. scope and content. It is foreseen that At its 40th plenary meeting (27-30 June ECRI will adopt General Policy Recom- 2006), ECRI considered the text of a mendation No. 11 in June 2007.

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 all 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 tables

Croatia, 5 July On 5 July 2006 ECRI held a Round Table The main themes of this Round Table were: ECRI’s Third Report on Croatia 2006 in Zagreb. (published on 14 June 2005); the situation of ex-Yugoslav minority groups in Croatia; the legislative and institutional framework for combating racism and racial discrimination and problems faced by the Roma community in Croatia.

Denmark, On 10 October 2006 ECRI held a round (published on 16 May 2006); racism and 10 October table in Copenhagen. xenophobia in political and public dis- 2006 course; the legislative and institutional framework for combating racism and racial discrimination and immigration The main themes of this Round Table and integration policies and practices in were: ECRI’s Third Report on Denmark Denmark.

Relations with civil society 67 Council of Europe

Inter-agency co-operation On 12 September 2006 a third High Rights (OHCHR) was held to discuss Level Inter-Agency meeting between ways to further strengthen co-operation ECRI, the European Union’s Monitoring and co-ordination (Vienna, 12 Sep- Centre on Racism and Xenophobia tember 2006). This high-level meeting (EUMC), the OSCE’s Office for Demo- cratic Institutions and Human Rights was followed by a working-level (ODIHR) and the Office of the United meeting on the issue of hate crime data Nations High Commissioner for Human collection on 18 October 2006 in Vienna.

ECRI’s Internet site: http://www.coe.int/ecri/

68 European Commission against Racism and Intolerance (ECRI) Human rights information bulletin, No. 69 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 and actions of these human rights institutes. The information, provided by the institutes, is presented in the language in which it was drafted.

Austria Austrian Human Rights Institute Österreichisches Institut für Menschenrechte Edmundsburg, Mönchsberg 2, A-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 E-mail: [email protected] (Secretariat); [email protected] (Newsletter/documentation) Website: www.menschenrechte.ac.at

Publications Newsletter Menschenrechte legal and environmental fields in the A publication in the German language course of a round-table discussion held which, since 1992, has been published on 16 December 2005, a summary of the six times a year, giving precise and discussion and an exhaustive annex. The timely information about recent deci- publication expresses, inter alia, deep sions of the European Court of Human concerns about procedural and other Rights, the European Court of Justice, shortcomings in Austrian Law regarding the UN Human Rights Committee and the erection and operation of mobile the Austrian supreme instances. The phone base stations (Articles 2, 6 and 8 annual subscription is €51. of the European Convention on Human Mobilfunk, Mensch und Recht (mobile Rights) and the jurisprudence of Aus- communications, individuals and the trian Courts denying so-called electro- law): In the November 2006 volume, sensitive people an effective complaint No. 1, of the new series Menschenrechte (within the meaning of Article 13 of the konkret (human rights in concrete) was Convention) against adverse health published. It contains the lectures held effects caused by electromagnetic radia- by experts in the medical, philosophical, tion.

Workshops, semi- – On 20 January and 25 February 2006 – On 7 November 2006 a conference nars, conferences the Institute ran a workshop under the took place at the Austrian Supreme topic “The new Aliens Law and its impact Court on the impact of Strasbourg judg- on other fields of law”. ments on Austria’s highest courts. This – On 29 September 2006 the Institute event was organised by the Austrian invited lawyers, students and other Association of Judges in co-operation interested people to a half-day seminar with the Institute. about the new procedure before the European Court of Human Rights and the enforcement of judgments of the Court – Preparations for celebrating the Insti- in Austria and specific aspects of its tute’s 20th anniversary are going on. latest jurisdiction. The lectures will be There will be an international sympo- published as volume 2 of Menschenrechte sium on the freedom of the press in the konkret. middle of June 2007.

Austria: Austrian Human Rights Institute 69 Council of Europe

A database comprising all the volumes of Internet with information of the juris- Documentation the Newsletter Menschenrechte has been prudence of the European Court of placed at the disposal of the Austrian Human Rights (http:// Supreme Court to support the public via www.ris.bka.gv.at/jus/).

The collection of volumes in the field of Library human and fundamental rights comprises 1 760 titles and 23 journals.

The Institute is a platform for anyone alleged violation of his/her human Legal advice who seeks legal advice concerning an rights. The service is free.

Institute for Human Rights Finland Åbo Akademi University, Gezeliusgatan 2, FIN-20500 Turko/Åbo Tel: +358/2 215 4713/Fax: +358/2 215 4699 Website: http://www.abo.fi/instut/imr/

Main services for the public are: human rights literature (FINDOC), database for rights library, Council of Europe and Finnish case-law pertaining to human United Nations depository library, bibli- rights (DOMBASE). ographic reference database for human

Leading Cases of the Human Rights Com- Martin Scheinin. Second, revised edi- Recent publications mittee, compiled by Raija Hanski and tion. ISBN: 952-12-1801-0. 506 pp.

Master’s Degree Program in International Deadline for applications: 16 April 2007. Forthcoming Human Rights Law, 2007-2009 training courses Challenges to International Humanitar- Starting in September 2007; open for ian Law, 12-16 November 2007 applicants holding a law degree or An intensive specialisation course for another bachelor’s degree with subjects both undergraduates and post-graduate relevant to the legal protection of human students with a basic knowledge of rights. humanitarian law. Deadline for applications: 30 March Deadline for applications: September 2007. 2007. Advanced Course on the International Pro- tection of Human Rights, 13-24 August 2007 An intensive course for post-graduate students with a good basic knowledge of human rights law.

CRDH France Centre de recherche sur les droits de l’homme et le droit humanitaire Université Panthéon-Assas, Paris II, 158, rue Saint-Jacques, F-75005 Paris Adresse postale : 12 Place du Panthéon, F-75231 Paris Cedex 05 Tel: +33(0)1 44 41 49 16/Fax: +33(0)1 44 41 49 17 E-mail: [email protected]/Website: http://www.u-paris2.fr/crdh/

Le CRDH est l’une des composantes les recherche dans le domaine du droit inter- plus actives du Pôle international et national public et privé, du droit euro- européen de Paris II de l’Université Pan- péen et des relations internationales. théon-Assas, mis en place en 2004 pour Une quarantaine d’étudiants y préparent fédérer l’ensemble des centres de leur thèse de doctorat.

70 European human rights institutes Human rights information bulletin, No. 69

Colloquies and Le CRDH sert de support à la recherche Parallèlement, des journées d’étude sont study days collective à travers l’organisation de col- régulièrement organisées, notamment loques et de journées d’étude, la partici- en liaison avec l’Institut de formation en pation à des programmes ou réseaux droits de l’homme du Barreau de Paris, internationaux d’échanges et l’anima- avec lequel un « atelier juridique » a été tion de chantiers scientifiques. créé pour favoriser l’intervention à titre d’amicus curiae dans les affaires conten- tieuses.

– Les travaux de la journée organisée à Strasbourg, avec l’Institut international des droits de l’homme, sur le thème Mesures conservatoires et droits fondamentaux ont été publiés chez Bruylant, o Le CRDH a ainsi organisé plusieurs col- Bruxelles, coll. « Droit et Justice » n 65, loques internationaux : 2005, dir. G. Cohen-Jonathan & J.-F. Flauss. – En octobre 2004, Les Nations Unies et les droits de l’homme, enjeux et défis d’une – Les travaux de la journée d’étude réforme, colloque sous les auspices du organisée à Paris sur La tierce intervention ministère français des affaires étrangères devant la Cour européenne des droits de et de l’Organisation internationale de la l’homme dir. E. Decaux et C. Pettiti, sont Francophonie. Les actes ont été publiés à paraître (Bruylant, Bruxelles, coll. chez Pedone, Paris, en 2006 (collection de « Droit et Justice » 2007). la Fondation Marangopoulos pour les droits de l’homme). Pour 2007, deux journées d’étude sont en préparation, l’une consacrée à la respon- – En novembre 2006, L’ O S C E, tre n t e a n s après l’Acte d’Helsinki, bilan et perspectives sabilité des entreprises multinationales en de la nouvelle Europe, avec le concours du matière de droits de l’homme (février 2007), centre Thucydide et sous les auspices du l’autre à la Convention internationale pour ministère français des affaires étrangères. la protection de toutes les personnes contre les A paraître (Pedone, Paris, 2007). disparitions forcées (mai 2007).

Publications Le CRDH publie une revue électronique sur Droits de l’Homme, avec le CREDHO, les droits de l’homme, Droits fondamentaux, pour le Journal du droit international avec le soutien de l’Agence universitaire (Clunet), la chronique de l’Organisation de la Francophonie (AUF) : http:// pour la sécurité et la coopération en www.droits-fondamentaux.org/. Europe dans l’Annuaire de droit euro- péen. Par ailleurs, son directeur, Emma- Il lance de nouveaux chantiers scientifi- nuel Decaux, et Marina Eudes ont publié ques, avec la publication de commentaires une refonte des fascicules du Jurisclas- collectifs portant sur les principaux traités seur consacrés au Conseil de l’Europe. internationaux relatifs aux droits de l’homme : un premier volume, consacré au Pacte Parmi les thèses récemment soutenues, international relatif aux droits civils et politiques, paraîtra chez Economica, on citera, notamment, celle de Marina Paris, au printemps 2007. Un second Eudes sur « La pratique judiciaire interne volume sera consacré au Pacte interna- de la Cour européenne des Droits de tional relatif aux droits économiques, l’Homme » (prix Jacques Mourgeon de la sociaux et culturels en 2008. SFDI), Pedone, Paris, 2006, et celle de Mouloud Boumghar consacrée à « Une Enfin les équipes du CRDH assurent une approche de la notion de principe à la série de chroniques d’actualité, notam- lumière de la jurisprudence de la Cour ment la chronique annuelle de la juris- européenne des Droits de l’Homme, qui prudence de la Cour européenne des paraîtra prochainement.

France: CRDH 71 Council of Europe

CREDHO Centre de recherches et d’études sur les droits de l’homme et le droit humanitaire Université de Paris XI, Faculté Jean Monnet, 54 boulevard Desgranges, F-92330 Sceaux Tel: +33/(0)1 40 91 17 19/Fax: +33/(0)1 46 60 92 62 E-mail: [email protected]/Website: http://www.credho.org/

Le CREDHO, créé en 1990, fonctionne composantes : le CREDHO-Paris Sud, et en réseau depuis 1995 avec deux le CREDHO-Rouen.

Le CREDHO est un centre de recher- fournir des services de consultation Research ches universitaire dont les activités essen- dans les domaines de sa compétence. tielles sont la recherche bibliographique Les projets de recherches du CREDHO (systématique et critique, générale et s’ordonnent autour des quatre axes thématique) ainsi que la recherche de suivants : type académique donnant lieu à l’orga- – constitution de bases de données nisation de colloques, dont les Actes informatisées sur les droits de l’homme, sont publiés dans la collection du les libertés publiques et le droit humani- CREDHO (aux Editions Bruylant, taire ; Bruxelles, onze volumes parus). Les membres du CREDHO participent à des – aspects de la judiciarisation des droits fondamentaux en Europe ; activités d’enseignement en matière de droits de l’homme et de droit humani- – mondialisation et universalité des taire, dans les universités françaises et droits de l’homme ; étrangères. Il accueille quelques étu- – mondialisation et pénalisation du diants étrangers avancés. Il peut aussi droit international.

Colloque annuel : La France et la Les Actes ont été publiés aux Editions Colloquies, round Convention européenne des Droits de Bruylant à Bruxelles, dans la collection tables l’Homme (arrêts rendus en 2005) du CREDHO (no 11).

La 12e session d’information du Séminaire : « Regards sur les droits de CREDHO sur la France et la Cour euro- l’homme en Afrique » (23 novembre 2006) péenne des Droits de l’Homme (jurisprudence en 2005) s’est tenue le 27 Parmi les participants du séminaire : de février 2006 à la Faculté Jean Monnet à gauche à droite, Madjid Benchikh, Roland Sceaux. Adjovi et Habib Ghérari

Des communications ont été présen- tées sur « La responsabilité internationale de l’Etat au regard de la Convention à raison d’actes pris en vertu de ses obligations internationales » et sur « L’incidence de la jurisprudence de la Convention sur le Ce Séminaire a été organisé à l’occasion fonctionnement de la Cour de de la publication du deuxième volume du Cassation ». La jurisprudencerelative Recueil juridique des droits de l’homme aux conditions de détention, aux en Afrique. La première partie a été consa- écoutes téléphoniques, à la liberté crée à une table ronde présentant les d’expression et à l’équité de la procé- regards croisés de spécialistes du droit dure a été passée en revue. Les affaires constitutionnel, de l’anthropologie juri- Siliadin (esclavage domestique) et dique, de la philosophie et du droit euro- Maurice et Draon (indemnisation des péen. La seconde partie a permis de jeter enfants handicapés congénitaux) ont un regard plus concret sur le fonctionne- retenu particulièrement l’attention. ment de la justice et des droits de

72 European human rights institutes Human rights information bulletin, No. 69

l’homme en Afrique ainsi que sur les juri- Les Actes seront publiés en 2007 aux Edi- dictions internationales ayant compé- tions L’Harmattan. tence en ce domaine (TPIR, CPI et Justice transitionnelle).

Publications Le CREDHO collabore régulièrement niery a présenté un rapport sur avec le CRDH (Université de Paris II) et « L’injonction répressive et l’astreinte ». publie depuis plusieurs années, sous la Les Actes du colloque sont en cours de direction de Paul Tavernier et Emmanuel publication. Decaux, la Chronique de jurisprudence de la Cour européenne des Droits de l’Homme Publications pendant l’année 2005- au Journal du droit international . La chro- 2006 nique portant sur l’année 2005 figure o dans le n 3/2006, pp. 1071-1173. – Bulletin d’information du CREDHO no 15/2005 contenant, notamment, une Il coopère également depuis de nom- bibliographie des ouvrages, thèses et arti- breuses années avec le Centre for Human cles parus en français sur les droits de Rights de Pretoria (Afrique du Sud) pour l’homme, les libertés publiques et le droit la publication des Human Rights Law in international humanitaire. Africa Series. En 2005 -2006 , il a publié le volume II : Recueil juridique des droits – Liste des thèses de doctorat sur les droits de l’homme en Afrique (2000-2004), de l‘homme, les libertés publiques, les droits Bruxelles : Bruylant, 2 tomes, XXXI- fondamentaux et le droit humanitaire soute- 2117 p. Le Centre de Pretoria vient de nues depuis 1984 dans les universités franco- recevoir le prix des droits de l’Homme phones (mise à jour 2005 disponible sur le décerné par l’UNESCO. site du CREDHO).

Le CREDHO a participé au colloque – Bibliographie systématique des ouvrages organisé les 12-13 mai 2005 par le et articles parus en français sur les droits de CRDFED (Faculté de droit de Caen) sur l’homme, les libertés publiques, les droits fon- « La portée de l’article 3 de la Convention damentaux et le droit humanitaire depuis européenne des Droits de l’Homme ». 1984 (mise à jour 2005 disponible sur le site du CREDHO). Les « conclusions générales » ont été – Bibliographie thématique et critique sur tirées par Paul Tavernier. Les Actes sont Islam et droits de l’homme (mise à jour dis- publiés aux Ed. Bruylant (sous presse). ponible sur le site du CREDHO).

Le CREDHO entretient une collabora- – Laurence Burgorgue-Larsen (sous la tion avec l’Institut de formation en direction de), Chronique de jurisprudence droits de l’homme des avocats européens européenne comparée (2005) (Revue du (IDHAE) et l’Institut de formation en droit public, no 4, 2006 ). droits de l’homme du Barreau de Bor- deaux. Il a participé au colloque de Bor- – Paul Tavernier, « Droit de propriété et deaux des 13 et 14 octobre 2006 sur protection de l’environnement devant la Cour « L’avocat dans le droit européen ». Paul de Strasbourg », pp. 61-80, in IDHAE, La Tavernier y a présenté un rapport sur protection du droit de propriété par la « Les droits et obligations de l’avocat et la Cour européenne des Droits de notion de défense concrète et effective l’Homme, Bruxelles : Bruylant, 2005, au sens de la Convention » (publication 125 p. des Actes en cours). – Paul Tavernier, « Le droit de l’homme à Le CREDHO était représenté au colloque un environnement sain, le droit de propriété organisé les 30-31 mars 2006 par la et les libertés économiques », pp. 219-237, in Faculté de droit de Limoges sur « L’effec- Annuaire international des droits de tivité des arrêts de la Cour européenne l’homme, I, 2006 (Bruxelles : Bruylant ; des Droits de l’Homme ». Paul Taver- Athènes : Ant. N. Sakkoulas, 705 p.).

France: CREDHO 73 Council of Europe

Institut International des Droits de l’Homme 2, allée René Cassin, F-67000 Strasbourg Tel: +33/ (0)3 88 45 84 45/Fax: +33 (0)3 88 45 84 50 E-mail: [email protected]/Website: http://www.iidh.org/

Sessions annuelles d’enseignement Sessions de formation externes Teaching

Les sessions d’enseignement de l’Institut Prague, 12-13 juin 2006 regroupent chaque année en juillet des étudiants de niveau avancé, enseignants Sur sollicitation de l’Institut d’Etat et de et chercheurs, membres de professions Droit de la République tchèque, l’Institut a juridiques, fonctionnaires nationaux et co-organisé, les 12 et 13 juin 2006, un internationaux, membres d’ONG. Elles séminaire consacré à des aspects choisis permettent une étude approfondie du d’actualité de la protection européenne droit international et du droit comparé des droits de l’homme, notamment la des droits de l’homme ainsi que du droit réforme du Protocole 14 à la Convention euro- humanitaire et du droit pénal interna- péenne des Droits de l’Homme et la protec- tional. tion des droits fondamentaux au niveau de l’Union européenne. Les actes de ce sémi- –La 37e session d’été d’enseignement, naire feront l’objet d’une publication dont les conférences thématiques por- sous les auspices de l’Université Charles taient sur « Protection internationale des de Prague. droits de l’homme et droits des victimes », a réuni à Strasbourg, du 3 au 28 juillet Iasi, 28 août-6 septembre 2006 2006, 330 participants, issus de 75 pays. En collaboration avec la Faculté de droit Pour cette édition, l’Institut a fait appel à de l’Université A.I. Cuza de Iasi, l’Ins- une cinquantaine de professeurs, origi- titut a organisé une session d’enseigne- naires de 20 pays du monde. ment consacrée à la protection – Parallèlement à la session annuelle, a européenne des droits de l’homme. Cette lieu le programme du Centre interna- session intensive, comprenant des cours tional pour l’enseignement des droits de magistraux et séminaires, a porté sur l’homme dans les Universités (CiedhU). l’étude de la protection des droits de l’homme Le but de ce programme, principalement dans le cadre du Conseil de l’Europe destiné aux universitaires, est de trans- (Convention européenne des Droits de mettre des méthodes d’enseignement l’Homme et Charte sociale européenne des droits de l’homme. principalement) et au niveau de l’Union –La 38e session annuelle d’enseigne- européenne. Elle sera reconduite en 2007 et ment (juillet 2007) portera sur devrait pouvoir accueillir un public plus « Migrations de populations et protec- nombreux, notamment des participants tion des droits de l’homme ». Elle devrait des pays limitrophes de la Roumanie. être, pour la première fois, professée en cinq langues (le russe ayant été ajouté Formation permanente aux quatre langues initiales de la session, Session indonésienne (Strasbourg/ à savoir le français, l’anglais, l’espagnol Jakarta, avril, juin et décembre 2006) et l’arabe). Pour la troisième année consécutive, e 9 cours d’été sur les réfugiés (Stras- l’IIDH a organisé une session anglophone bourg, 12-23 juin 2006) de formation aux droits de l’homme Pour la neuvième année consécutive, pour des participants indonésiens. Cette l’IIDH et la délégation pour la France du formation est fondée sur un Memo- Haut Commissariat des Nations Unies randum of Understanding signé entre pour les Réfugiés (HCR) ont organisé l’ambassade de France à Jakarta et le une session conjointe d’enseignement Direktorat (Ministère de la justice indo- sur le Droit des réfugiés. Ce cours, de nésien). Cette session, dont la théma- renommée internationale, est la plus tique était la démocratie, les droits de importante formation sur le droit des l’homme et la résolution des conflits, a con- réfugiés qui existe dans le monde franco- cerné un groupe de 25 personnes, essen- phone. 46 personnes, provenant de 26 tiellement composé de fonctionnaires pays différents, y ont participé. travaillant pour le ministère de la justice.

74 European human rights institutes Human rights information bulletin, No. 69

Formation des avocats (Strasbourg, péenne des Droits de l’Homme ». Dans le novembre 2006) contexte de l’adoption du Protocole no 14 Deux membres de l’Institut ont animé et de ses suites, l’objectif était de dresser une journée de formation destinée aux la réalité, les modalités et l’effectivité des avocats du Grand Est de la France, sur recours internes dans divers domaines, « L’actualité de la jurisprudence de la selon une approche de droit comparé, en Cour européenne des Droits de vue d’une meilleure application de la l’Homme ». Une nouvelle session de for- Convention européenne. Cette journée a mation devrait être organisée en 2007. associé universitaires, juges de la Cour Journée d’étude (Strasbourg, 2 décem- européenne et administrateurs de la bre 2005) Direction des Droits de l’Homme du Une journée d’étude a eu lieu sur le Conseil de l’Europe. Les Actes ont été thème de « L’effectivité des recours internes publiés dans la collection« Droit et dans l’application de la Convention euro- Justice », Bruylant, Nemesis.

Research activities Prix de thèse René Cassin « Les objectifs généraux du droit interna- Le prix de thèse « Droits de l’Homme » tional privé à l’épreuve de la Convention René Cassin a été décerné pour la pre- européenne des Droits de l’Homme » . mière fois en 2006, en vue de récom- L’ouvrage sera publié aux éditions Bruy- penser une recherche francophone en lant. Un premier accessit a été attribué à droit international, régional, comparé Mme Florence Jacquemot (Université de des droits de l’homme ou théorie juridique des droits de l’homme. Il a été Montpellier I), auteur d’une thèse por- attribué à M. Fabien Marchadier (Uni- tant sur « Le standard européen de société versité de Limoges), pour sa thèse sur démocratique ».

Publications – Les conférences thématiques de la Collection « Droit et Justice », Nemesis- session annuelle d’enseignement font Bruylant l’objet d’une publication dans le cadre de Gérard Cohen-Jonathan et Jean-François la Collection de l’Institut aux éditions Flauss (dir.), La réforme du système de Bruylant ; est ainsi en cours de publica- contrôle contentieux de la Convention euro- tion la session sur« La liberté d’information péenne des Droits de l’Homme – Le Protocole o en droit international » (dir. Gérard Cohen- n 14 et les Recommandations et Résolutions Jonathan). du Comité des Ministres (256 p.) 2005 (vol. 61) ; – Dans la même collection est paru : Gérard Cohen-Jonathan et Jean-François Gérard Cohen-Jonathan et Jean-François Flauss (dir.), Le rayonnement international de la jurisprudence de la Cour européenne Flauss (éd.), Les organisations non gouver- des Droits de l’Homme, (276 p.) 2005 (vol. nementales et le droit international des droits 64) ; de l’homme (251p.), 2005. Gérard Cohen-Jonathan et Jean-François Flauss (dir.), Mesures conservatoires et – Sont en voie de publication : M. droits fondamentaux, (311 p.) 2005 (vol. Fabien Marchadier, « Les objectifs généraux 65) ; du droit international privé à l’épreuve de la Gérard Cohen-Jonathan, Jean-François Convention européenne des Droits de Flauss et Elisabeth Lambert Abdelgawad l’Homme », Bruylant, Collection de l’IIDH ; (dir.), De l’effectivité des recours internes M. David Szymczak, « La Convention dans l’application de la Convention euro- européenne des Droits de l’Homme et le juge péenne des Droits de l’Homme, (312 p.) constitutionnel national », Bruylant. 2006 (vol. 69).

France: Institut International des Droits de l’Homme 75 Council of Europe

Institut des droits de l’homme du Barreau de Bordeaux Maison de l’Avocat, 18-20, rue du Maréchal Joffre, F-33000 Bordeaux E-mail: [email protected]/Internet: http://www.idhbb.org/

L’Institut a pour but de favoriser la for- Europe et dans le monde et de promou- Aims mation des avocats en droits de voir et de faire respecter, aux plans l’homme, en droit pénal international et, régional, national et international, les plus généralement, en toutes matières droits de la défense, la suprématie du juridiques susceptibles d’assurer la droit, la lutte contre les racismes et défense des droits de l’individu en l’intolérance, sous toutes leurs formes.

L’IDHBB a aussi pour mission d’assurer illustré par son œuvre, son activité ou ses Ludovic Trarieux la remise du Prix international des droits souffrances, la défense du respect des Prize de l’homme Ludovic Trarieux, fondé en droits de l’homme, des droits de la 1984 par le Bâtonnier Bertrand Favreau , défense, la suprématie du droit, la lutte en faveur d’un « avocat, sans distinction contre les racismes et l’intolérance sous de nationalité ou de barreau, qui aura toutes leurs formes ».

L’IDHBB a organisé diverses autres mani- de cassation, dont les travaux seront Colloquies festations et notamment : publiés courant 2007 ; – le 8 juillet 2006, un colloque pour – les 13 et 14 octobre, un colloque sur le commémorer le centenaire de la réhabili- thème « l’avocat dans le droit européen », tation du capitaine Dreyfus par la Cour dont les actes seront publiés.

Institut de formation en droits de l’homme du Barreau de Paris Centre Louis Pettiti, 6, rue Paul Valéry, F-75116 Paris Tel: +33/(0)1 53 70 54 54/Fax: +33/(0)1 53 70 87 78 E-mail: [email protected]

L’Institut des Droits de l’Homme du Bar- L’Institut organise des sessions de forma- reau de Paris a pour activité principale la tion avec le concours des Ecoles de for- formation des avocats français et étran- mation des Barreaux, et des conférences gers au droit international des droits de et séminaires avec d’autres associations l’homme. Ses formations sont également et universités. accessibles à des juristes non avocats.

Publications à paraître droits internes, publié avec l’Institut des Publications Handicap et protection du droit européen et droits de l’homme des avocats euro- communautaire : Entre droit européen et péens, Editions Bruylant.

Formations programmées de Paris, juin 2007, Ecole de Formation Training – Pratique du droit international des droits Professionnelle des Barreaux de la Cour de l’homme, Ecole de Formation Profes- d’appel de Versailles en 2007. sionnelle des Barreaux de la Cour d’appel

Institut des droits de l’homme des avocats européens Secrétariat général : 6, rue Paul Valéry, F-75116 Paris Fax: +33/ (0)5 56 52 38 17 E-mail: [email protected]/Website: http://www.idhae.eu/

Créé en 2001, à Luxembourg, sous l’égide – l’étude des droits de l’homme, et plus Aims de l’Union des avocats européens, l’Ins- particulièrement de la Convention euro- titut des droits de l’homme des avocats péenne des Droits de l’Homme et des européens a pour mission : libertés fondamentales du 4 novembre

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1950 et ses protocoles ainsi que la Charte – la défense et les interventions en des droits fondamentaux de l’Union faveur des libertés et droits fondamen- européenne ; taux de l’avocat sans limitation de fron- – la formation des avocats en droit tières ; international des droits de l’homme en – l’organisation de manifestations, col- vue de la défense devant les juridictions loques, séminaires et la participation à internationales et notamment les cours des publications relatives aux droits de et tribunaux pénaux internationaux ; l’homme.

Ludovic Trarieux Dean Spielmann, juge luxembourgeois à L’IDHAE assure, depuis 2003, la coordi- Prize la Cour européenne des Droits de nation du « Prix International des Droits l’Homme, remet le prix Ludovic Trarieux à de l’Homme – Ludovic Trarieux ». l’épouse du gagnant, Parvez Imroz. En 2006, le Prix a été remis à M. Parvez Imroz, avocat au Cachemire, qui défend la cause des droits de l’homme depuis la fin des années 80. Il est le fondateur et le président de la Coalition de la Société Civile de l’Etat indien du Jammu-et- Cachemire (J&K Coalition of Civil Society (JKCCS), qui travaille à unir les efforts des organes de la société civile du Cachemire. Le Prix a été remis à son épouse car Parvez Imroz n’a pas été auto- risé à quitter le territoire indien.

Emergency action L’IDHAE gère le service d’actions times de violations de leurs droits fonda- urgentes des instituts « Avocats Urgente mentaux dans le monde. Alerte », Observatoire sans frontières des En 2006, Cuba, l’Iran et la République violations des droits de la défense et des Démocratique du Congo ont été au droits de l’homme des avocats dans le centre des préoccupations de l’IDHAE. monde, qui a envoyé plus de cinquante appels divers en faveurs d’avocats vic-

Colloquies – Entre autres manifestations, – Il organisera, conjointement avec la l’IDHAE a organisé, les 13 et 14 octobre, Faculté de droit, de sciences politiques et à l’Ecole Nationale de la Magistrature, de gestion de La Rochelle (France), la pre- un colloque sur le thème « l’avocat dans mière Université de Printemps des Droits le droit européen ». Les Actes seront de l’Homme les 11-12 mai 2007. publiés.

Publications En 2006, l’IDHAE a publié les ouvrages – Handicap et protection du droit européen suivants : et communautaire – Entre droit européen et – La protection du droit de propriété par la droits internes, Bruxelles, Bruylant. Cour européenne des Droits de l’Homme, Bruxelles, Bruylant

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

Publications En Allemand : (Gewaltenteilung und Menschenrechte), – Eckart Klein (ed.) : La séparation des BVW – Berliner Wissenschaftsverlag, pouvoirs et les droits de l’homme vol. 27

Germany: MenschenRechts Zentrum 77 Council of Europe

MenschenRechtsMagazin (en Allemand) schaffene Menschenrechtsrat der Vereinten Nationen) No. 3/2005 – Vue d’ensemble sur le travail des No. 2/2006 organes chargés de la surveillance des – Rapport sur le travail du comité des traités de l’ONU (Überblick über die Arbeit droits de l’homme des Nations Unies en der UN-Vertragsüberwachungsorgane im 2005 – Partie II (Bericht über die Arbeit des Jahr 2005) Menschenrechtsausschusses der Vereinten – La protection des droits de l’homme Nationen im Jahr 2005 – Te i l I I ) dans le cadre de l’OCDE trente ans après – Possibilités et limites de la société l’Acte final d’Helsinki (Menschenrechts- civile dans la protection des droits fonda- schutz im Rahmen der OSZE dreißig Jahre mentaux des citoyens (Möglichkeiten und nach der Schlussakte von Helsinki) Grenzen der Zivilgesellschaft beim Schutz – Le pouvoir de police au Brésil (Polizei- der Grundrechte der Bürger) gewalt in Brasilien) – Les conditions d’une activité légale – Les Etats membres du Conseil de des organisations non-gouvernemen- l’Europe : la Suède (Mitgliedstaaten des tales dans le domaine des droits de Europarates: Schweden) l’homme pour la protection des droits de l’homme en République fédérale No. 1/2006 d’Allemagne et dans le land de Brande- – Rapport sur le travail du comité des bourg (Voraussetzungen legaler Tätigkeit droits de l’homme des Nations Unies en menschenrechtlich orientierter Nichtregie- 2005 – Partie I (Bericht über die Arbeit des rungsorganisationen zum Schutz der Men- Menschenrechtsausschusses der Vereinten schenrechte in der Bundesrepublik Nationen im Jahr 2005 – Te i l I ) Deutschland und im Land Brandenburg) – Tradition ou mimésis ? L’Eglise catho- – La commission d’enquête éthique et lique et les droits de l’homme (Tradition le Droit de la médecine moderne du Bun- oder Mimese? Die Katholische Kirche und destag allemand (Die Enquete-Kommission die Menschenrechte) Ethik und Recht der modernen Medizin des – Les Etats membres du Conseil de Deutschen Bundestages) l’Europe : la Finlande (Mitgliedstaaten des – La protection des droits fondamen- Europarates: Finnland) taux en Europe : Un regard vers la France – Le nouveau Conseil des droits de (Der Grundrechtsschutz in Europa: Ein l’homme des Nations Unies (Der neuge- Blick nach Frankreich)

– 7-11 septembre 2005, Baschkortostan Série de conférences « Grenzgänge » Conferences, collo- : Les mécanismes de protection non juri- – 16 novembre 2005, Berlin : La fin du quies dictionnels pour la garantie des droits de fini ? Vivre et mourir aujourd’hui (Das l’homme en Brandebourg et Baschkor- Ende der Endlichkeit? Leben und Sterben tostan(Schutzmechanismen nichtgerichtlicher heute) Art für die Gewährleistung der Menschen- – 17 mai 2006, Berlin : Dignité ou vie ? rechte in Brandenburg und Baschkortostan) Discours juridiques actuels entre l’inter- diction de la torture et la loi relative à la – 9-11 novembre 2005, Potsdam : For- sécurité aérienne (Würde oder Leben? mation en matière de droits de l’homme Aktuelle Rechtsdiskurse zwischen Folter- pour les enfants et les jeunes – Colloque verbot und Flugsicherheitsgesetz) sur la recherche pratique en matière de formation aux droits de l’homme (Mens- – 6 juin 2006, Potsdam : Série de confé- chenrechtsbildung für Kinder und Jugendliche rences : La philosophie des droits fonda- – Symposium zur praxisbezogenen Forschung mentaux et des droits de l’homme in der Menschenrechtsbildung) – 23-24 juin, Potsdam : Conférence des Nations Unies, 2006 : Un an après le – 10-12 novembre 2005, Potsdam : La Sommet mondial des Nations Unies séparation des pouvoirs et les droits de 2005, bilan des efforts de réforme (Ein l’homme (Gewaltenteilung und Menschen- Jahr nach dem UN-Weltgipfel 2005, eine rechte) Bilanz der Reformbemühungen)

78 European human rights institutes Human rights information bulletin, No. 69

Training courses Série de conférences : questions choi- l’homme (Tr a d i t i o n o d e r M i m e s e ? Die sies sur la protection des droits de Katholische Kirche und die Menschenrechte) l’homme (Vortragsreihe: Ausgewählte – Jan Kurlemann : L’Union européenne Fragen des Menschenrechtsschutzes) et les droits de l’homme : Le rôle du Par- – Tobias Gries : L’obligation des lement européen (Europäische Union und troupes armées allemandes envers les Menschenrechte: Die Rolle des Europäischen droits de l’homme pendant leurs engage- Parlamen ts ) ments à l’étranger (Menschenrechtsbin- – Philippe Gréciano : La protection des dung deutscher Streitkräfte in droits de l’homme en Europe (Grund- Auslandseinsätzen) rechtsschutz in Europa) –Judith Schmidt/Niels – Dominik Steiger : Droits de l’homme Rochlitzer :Tradition ou mimésis ? en temps de guerre ? (Menschenrechte im L’Eglise catholique et les droits de Krieg?)

Greece Marangopoulos Foundation for Human Rights (MFHR) 1 Lycavittou Street, GR-106 72 Athens Tel: +30 (210)36 37 455; 36 13 527/Fax: +30 (210)36 22 454 E-mail: [email protected]; [email protected]; [email protected] Website: http://www.mfhr.gr/

A full list of human rights education, promotion and protection activities can be found on the MFHR website.

Teaching The Marangopoulos Chair was estab- focusing on a topical issue during the lished at the International Institute of summer session of the Institute. Human Rights in Strasbourg in 1989. Moreover, the MFHR undertook the The MFHR has continuously ensured organisation and funding of the UN that, every year, distinguished professors Model competition activities, involving, and experts teach courses at this chair, every year, dozens of Greek High Schools.

Awards and prizes Scholarships dents having written the best papers- The MFHR grants yearly scholarships essays on one topic selected by the for the participation of at least one Uni- MFHR. The first prizes will be awarded versity postgraduate student in the in mid-January 2007. Study Session of the International Insti- tute of Human Rights in Strasbourg. Prizes to students Believing that every policy concerning social and political problems – general or Since 1995, the MFHR has co-organised, special – must be mainstreamed by with the UNCHR Athens Office, yearly human rights principles and rules, the essay and drawing contests concerning MFHR started, last year, to award two refugees, open to all students at the pri- prizes (consisting in two scholarships mary and secondary education level, abroad) for two post-graduate Greek stu- throughout the country.

Legal and paralegal The MFHR offers free legal aid to per- and who are unable to pay for legal assistance sons whose fundamental human rights counsel (mainly immigrants, asylum- and freedoms have been infringed upon seekers and detainees).

Cases broght The MFHR’s judicial activity includes – Case of Tanyeri and others v. Turkey before interna- bringing cases before the Council of (application No. 74308/01) regarding the tional bodies Europe’s Human Rights Court and other detention of Turkish nationals in white supervisory bodies. Among the recent cells. The case was struck from the list, cases presented, the MFHR underlines: by a decision of 6 December 2005, after the applicants – who were set free –

Greece: Marangopoulos Foundation for Human Rights (MFHR) 79 Council of Europe informed the MFHR of their intention unhealthy occupations), Article 3 §1 to discontinue the procedures. (safety and health regulations at work) – As an international NGO entitled to and Article 3 §2 (provision for the file collective complaints under the 1998 enforcement of safety and health regula- Protocol to the European Social Charter, tions by measures of supervision) of the the MFHR has presented Collective Com- European Social Charter. The European plaint No. 30/2005 against the Greek State, Committee of Social Rights declared the alleging violations of Article 11 (right to protection of health), Article 2 § 4 (right complaint admissible on 10 October to reduced working hours or additional 2005, and is now examining the merits holidays for workers in dangerous or of the case.

The MFHR’s website – presented in both and domestic human rights organisations, Website Greek and English versions – offers national and international legislation Greece’s most comprehensive overview and jurisprudence with human rights of human rights affairs, with up-to-date implications, as well as the case law of news on the situation of human rights in the European Court of Human Rights Greece and abroad, information on events, (with a special focus on Greece). Com- conferences and seminars on human ments on important current interna- rights in Greece and abroad, reports and tional events from a human rights conclusions of International, European perspective are also published weekly.

The MFHR Youth Group was founded in Child Pornography on the Internet. It Youth Group May 2003, its members being mainly has also adopted two statement-declara- university students, organises activities tions on the illegality of “pre-emptive in the field of human rights. The Youth anti-terrorist” wars from a human rights Group has concluded, in December 2006, perspective, and on the need for the a two-and-a-half year research project on absolute prohibition of torture.

– Presentation of the MFHR’s new publi- tion, Press conference (Athens, 8 May Conferences and cations, public event with the participa- 2006). meetings tion of the authors and commentators – F ourth Round Table of European (Athens, 17 January 2005). National Institutions for the Promotion and – Corruption and Human Rights, Round- Protection of Human Rights and the Council table discussion with leading European of Europe Commissioner for Human Rights, and Greek experts on corruption and participation by the MFHR (Athens 27- criminology (Athens, 1 March 2005). 28 September 2006). – The Dissolution of the UN Human – Anti-Criminal Policy and Human Rights Commission: the upcoming reform of Rights, an international criminology the UN Human Rights system, Press con- course held under the framework of the ference organised by the MFHR (Athens International Society of Criminology 28 June 2005). and jointly organised by the MFHR and – Dangerous trends for human rights in the the Hellenic Society of Criminology UN and the EU, open event organised by (Athens, 20-21 November 2006). the MFHR on the occasion of the 57th – UN Mechanisms for human rights pro- anniversary of the Universal Declaration tection: recent developments and prospects, of Human Rights (Athens, 8 December open event organised by the MFHR on 2005). the occasion of the 58th anniversary of – The Problem of Cameras in General - the the Universal Declaration of Human Example of the Camera Across our Founda- Rights (Athens, 11 December 2006).

The MFHR has published 53 volumes on Latest titles Publications different human rights-related subjects with both Greek and foreign publishing – Lay participation in the Criminal Justice houses, including its own series with the System in Europe, Editor: D. Spinellis, Pedone, a French publisher. A full list of Athens-Komotini, Ant. N. Sakkoulas these publications is available on the Publishers, 2004, 84p. (in Greek, annexes MFHR website. in English).

80 European human rights institutes Human rights information bulletin, No. 69

– The crisis of UN, Editor: Tina Stavri- Pedone Publications (in the “Série de la naki, Athens-Komotini, Ant. N. Fondation Marangopoulos pour les Sakkoulas Publishers, 2005, 215 p. (in droits de l’homme”), 2006, 348 p. (in Greek). French). – Marina Eudes, La pratique judiciaire interne de la Cour européenne des Droits de – L’état actuel des droits de l’homme dans l’Homme, Paris, A. Pedone Publications le monde – Défis et perspectives, Editor : (in the “Série de la Fondation Marango- Alice Yotopoulos-Marangopoulos, A. poulos pour les droits de l’homme”), Pedone Publications (in the “Série de la 2005, 564 p. (in French). Fondation Marangopoulos pour les – Les Nations Unies et les droits de droits de l’homme”), 2006, 301 p. (in l’homme, Editor: E. Decaux, Paris, A. French and English).

Library and docu- The MFHR, has, since 1979, made a in six languages: Greek, English, French, mentation centre great effort to provide professors, German, Italian and Spanish. Its collec- scholars, judges, lawyers and others with tion comprises more than 5 000 books, updated information concerning human yearbooks and periodicals on interna- rights law, as well as to assist undergrad- tional and human rights law as well as uate, graduate and postgraduate stu- the complete series of decisions of the dents to prepare their theses and carry European Court and European Commis- out research. The MFHR Library is considered one of the best specialised sion of Human Rights in Strasbourg, libraries in Europe for human rights pub- case-law of the Court of Justice of the lications. Recent acquisitions are posted European Communities in Luxembourg, on the MFHR website, and computer- UN conventions, reports and resolutions, ised searches can be conducted on the reports and publications of UN agencies, library’s database. the Organisation for Security and Co- The Foundation library has books and operation in Europe (OSCE), the Council the most important periodicals available of Europe and NGOs.

Italy Intercenter Messina International Centre of Sociological, Penal and Penitentiary Research and Studies Via Ghibellina 59, I-98122 Messina Tel: +39 90 710 554/Fax: +39 090 719 263 E-mail: [email protected]

Conferences and –Table Ronde sur «le procès en contu- – La nouvelle Charte Arabe – Dialogue seminars mace entre les réformes législatives et les italo-arabe (décembre 2005) obligations internationales » (novembre – Séminaire international sur « la police 2005) de proximité » – ONU 1945-2005 : les soixante ans des – Réunion du groupe international sur Nations Unies (décembre 2005) les lieux saints (décembre 2006). – Forum des ONG : « Intégration des migrants en Europe – Quel rôle pour les ONG ? »

Training courses XXVe Cours international d’études sur « les systèmes de police locale » (mai 2006)

Research Les paradigmes démocratiques et les droits de l’homme dans le bassin médi- terranéen.

Italy: Intercenter Messina 81 Council of Europe

– Peace Conference on “Sources of – Les Actes du XXVe Cours interna- Publications Conflict and prospects for Peace in the tional d’études sur « les systèmes de police Mediterranean Basin – Within the locale » (mai 2006) sont en cours de publi- North-South relations” cation. – La Nouvelle Charte Arabe – Dialogue Italo-Arabe

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 Anghinoni, 3, I-Padova Tel: (39)049 827 3685/3687/Fax: (39)049 827 3684 E-mail: [email protected] Website: http://www.centrodirittiumani.unipd.it/

The Interdepartmental Centre on benefits also by the active support of the Human Rights and the Rights of Peoples, Region of Veneto and of the Munici- established in 1982, is the specialised pality of Venice. In the E.MA context the structure of the University of Padua Centre has promoted the establishment devoted to carry out educational, forma- in 2003 of the “European Joint Degree in tional and research activities. It is the Human Rights and Democratisation”, venue of the “Pace diritti umani/Peace an integrated academic diploma in the human rights” Archives Database of the framework of the “Bologna Process”, and Region of Veneto and collaborates, on the foundation of “the European Inter- the basis of appropriate conventions, University Centre for Human Rights with the Child Ombudsman, the and Democratisation”, EIUC, based in Ombudsman and the Department for Venice (an association of the E.MA uni- International relations, Human Rights, versities, with legal personality). Development Cooperation and Interna- Since 1999 the Centre has been the tional Solidarity of the Region of Veneto. venue of the UNESCO Chair on Human The Centre organises the Course on Rights, Democracy and Peace. human rights, peace and intercultural So far the Centre has carried out nine- dialogue for Secondary School Teachers teen annual Post-Graduate Courses on in co-operation with the Regional Direc- Human Rights and the Rights of Peoples torate of the Italian Ministry of Educa- and the triennial Post-Graduate School tion and the Region of Veneto. in Institutions and Techniques of In 1997 the Centre promoted the Euro- Human Rights Protection (from 1988 pean Master’s Degree in Human Rights until the academic year 2001/2002). As and Democratisation (E.MA) in Venice, from 2003 the Centre has supervised the being its co-ordinator until 2003, and two years Advanced Degree Course on nowadays it actively participates Institutions and Politics of Human together with other 38 European univer- Rights and Peace. Since last year the sities. E.MA is a European Union major Centre organises the Annual Training Project on human rights education and Course on Disability and Human Rights.

“Peace human rights” Archives Database update a comprehensive NGO database Databases The Archives “Pace diritti umani/Peace collecting data, contacts, and activities human rights” is one of the most rele- of any NGO in the Veneto Region vant Italian databases that promotes a dealing with human rights, co-operation political culture based on the paradigm and development. All records can be con- of human rights internationally recog- sulted on the web site of the Centre. nised and of positive peace. “Human Rights at School” Database NGOs database Collection of documents and updating In the framework of the Regional “Peace materials on children rights in the school Human Rights Archive”, the Centre context, in particular didactical projects.

82 European human rights institutes Human rights information bulletin, No. 69

Library The Library Piergiorgio Cancellieri the Library of the European Master This specialised structure provides more Degree in Human Rights and Democra- than 6 000 volumes, national and inter- tisation, E.MA, Monastery of San Nicolo national scientific reviews, relevant in Venice-The Lido. Through the Library, materials of international organisations, the access is made possibile to other per- both governmental and non govern- tinent database and reviews online. mental. The Library is connected with

Training courses Academic programmes – The 19th annual post-graduate The Centre is currently involved in the Course on Human Rights and the Rights organisation of the following degree of Peoples (2006-2007) on “The courses at the Faculty of Political Sci- Ombudsman institutions and activities ence, University of Padua: from the City to the European Union", organised with the co-operation of the – Course on Political Science, Interna- Ombudsman and the Child Ombudsman tional Relations, Human Rights (three of the Region of Veneto. years); – The second course on “Human – Advanced Course (Laurea magist- Rights and Disability. Equal opportuni- rale) on Institutions and Politics of ties, Non discrimination and taking Human Rights and Peace (two years). over” (2006-2007), organised with the It participates in the organisation of the: co-operation of the Disabled Peoples’ International (DPI), Italian Federation – European Master’s Degree in Human for Handicap Overcoming (FISH) and Rights and Democratisation, E.MA (one the National Council on Disability year, second semester in Padua) (CND), Region of Veneto. The curriculum of all courses is inter-dis- UNESCO Chair on Human Rights, ciplinary and both theory- and policy- Democracy and Peace oriented, and reflects the indivisible links between human rights, democracy, The Chair, established in 1999, works in peace, human security, human develop- close co-operation with the Human ment. Through the European Master, Rights Interdepartmental Centre. Many the Padua Centre contributes to create activities are carried out in the form of and develop a European network of cur- joint venture of the two institutions. riculum development and staff exchange The Chairholder is Antonio Papisca, pro- among universities in the field of human fessor of International relations and rights and democratisation. International Protection of Human Rights, former Director of the European As regards the Degree and Post-graduate Master Degree in Human Rights and Courses in Padua, deadline for applica- Democratisation. The identity of the tion for the academic year 2007/2008: Chair is marked, in particular, by the August 2007. For information: http:// commitment to develop the concept of www.centrodirittiumani.unipd.it/ the “human right to peace”, making ref- As regards the European Master in erence to what has been provided in Italy Venice, deadline for the academic year seince 1991 by many Municipalities and 2007-2008: 7 March 2007. For informa- Provinces the Statutes of which include tion: http://www.ema- the formal recognition of peace as a fun- humanrights.org/. damental right of the human being and of the peoples. The first example in this Post-graduate courses on Human Rights direction has been given by article 1 of and the Rights of Peoples the Bill of the Region of Veneto of 1988 – The 18th annual post-graduate (revised in 1999) on the promotion of a Course on Human Rights and the Rights culture of peace and human rights. Espe- of Peoples (2006-2007) on “Law, Institu- cially in this context, the Chair and the tions and glocal democracy making: the Interdepartmental Centre co-operate role of schools, local governements and actively with Ngos and movements con- civil society organisations”, organised nected with the “Pavola della Pace” with the co-operation of the Region of (Peace Table) and the association “Italian Veneto and the Regional Office of the Local Authorities for Peace and Human Italian Ministry of Education. Rights”, a network gathering hundreds

Italy: Interdepartmental Centre on Human Rights and the Rights of Peoples 83 Council of Europe

NGOs and local government institu- ples Assembly” took place on 7-10 Sep- tions, in particular by provinding scien- tember 2005 and was followed, on tific advice to prepare the “UN Peoples September 11, by the Peace March with Assembly” (every two years) and of the the participation of around 300,000 related historical Peace March Perugia- people. (See also: http:// Assisi. The sixth edition of the “UN Peo- www.tavoladellapace.it/).

The Centre is currently carrying out two dialogue for the development of a new Special projects EU Projects: (plural, democratic) citizenship”. – Daphne II: the Project is on “Human The Centre has also signed formal agree- Rights and Trafficking in Women and ments with different bodies of the Region Young People. An educational toolkit for of Veneto (Regional Ombudsman, the teachers and students”. Children Ombudsman, the Regional Department on Human Rights, Peace – Support for setting up of Transna- and Development Co-operation and the tional Research Groups organised by the Regional Archive on Human Rights), to academic world: Jean Monnet Chairs, support their respective policies in the National ECSA Associations and Jean field of human rights, peace, interna- Monnet Centres of Excellence: the tional solidarity and intercultural dia- Project is on “The role of intercultural logue

The Centre organises several seminars same subject of the European Research Conferences and and conferences on topics like Peace, UN Project “Intercultural dialogue and citi- seminars Reform, Human Rights in the EU zenship.The role of intercultural dia- system, Intercultural dialogue, Disarma- logue for a new (plural, democratic) ment, Children Rights, Trafficking, etc. citizenship”, in co-operation with the On 1-4 March 2007 the Centre will orga- European Commission-DG Education nise an International Conference on the and Culture, and the Region of Veneto.

Quarterly “Pace diritti umani/Peace misura di bambino (Hospital on a chil- Publications human rights” dren’s scale), Cleup, 2006 It is formally edited by the Padua Inter- – Quaderno 12. Paola Degani, Politiche departmental Centre and printed by di genere e Nazioni Unite. Il sistema Marsilio Editore, Venice (essays in Italian internazionale di promozione e prote- and in English) and is strongly policy- zione dei diritti umani delle donne oriented. It is addressed to university (Gender policies and United Nations. establishments, civil society organisa- The international machinery for the pro- tions, national and local government ins- motion and protection of women titutions. rights), Cleup, 2005 The Bulletin Archivio Pace Diritti – Quaderno 11. Diritti umani, cittadi- Umani (Peace Human Rights Archive) nanza europea e dialogo interculturale. Esperienze e lavori delle scuole del It has been published since 1991 as a sup- Veneto (Human rights, European citi- plement of the Quarterly “Pace diritti zenship, intercultural dialogue. Expe- umani/Peace human rights”, around riences and outcomes of the Veneto 4000 copies distributed all over Italy, schools), A.S. 2003/2004, Cleup, 2005 printed also in electronic version on the Web: http:// – Quaderno 10. Paolo De Stefani, www.centrodirittiumani.unipd.it/ Annalisa Buttici (eds.), Migranti minori. Percorsi di riconoscimento e garanzia dei Each edition is devoted to a specific diritti dei minori stranieri non accompa- topic. No. 1/2007 deals with human gnati nel Veneto (Child migrants, Issues rights at the Council of Europe. and projects relating to recognition and The Interdepartmental Centre conti- protection of foreign non accompanied nues the publication of Quaderni children in Veneto), Cleup, 2005 (volumes) and Ta s c a b i l i (pocket books). – Tascabile n. 3, La difesa civica in The most recent are: Italia: le leggi regionali (Ombudsman – Quaderno 13. Paolo De Stefani, Jane institutions in Italy: the regional bills), Hughes, Isabella Robbiani, Un’spedale a (2005)

84 European human rights institutes Human rights information bulletin, No. 69

– Tascabile n. 4, Pace, diritti umani e decentralised co-operation in Italy: the cooperazione decentrata in Italia: le leggi regional Bills) (2005). regionali (Peace, human rights and

Luxembourg Institut luxembourgeois des droits de l’homme Université du Luxembourg 162, avenue de la Faïencerie, L – 1511 Luxembourg Tél. : (352) 46 66 44 66 05 / Fax : (352) 46 66 44 62 15

L’Institut assure régulièrement, dans son de l’Europe concernant l’exécution des Bulletin des droits de l’homme, la publi- arrêts concernant le Luxembourg. cation des décisions rendues par la Cour européenne des Droits de l’Homme dans Au courant de l’année 2007, tous les lesquelles le Luxembourg était l’Etat volumes du Bulletin édités par l’Institut défendeur. A l’avenir, il y ajoutera les depuis 1993 seront mis sur Internet par Résolutions Droits de l’Homme adoptées la Faculté de Droit, d’Economie et de par le Comité des Ministres du Conseil Finance de l’Université de Luxembourg.

Norway Norwegian Centre of Human Rights University of Oslo PO Box 6706, St. Olavs plass, N-0130 Oslo Tel: +47 22 84 20 01/Fax: +47 22 84 20 02 E-mail: [email protected]/Site Internet: http://www.humanrights.uio.no/

Research The NCHR is a university centre at the directed towards political, economic, Faculty of Law, University of Oslo. social and cultural conditions for the rea- Approximately 20 researchers, among lisation of human rights. Researchers are those a number of PhD students, are partly organised into discipline-based employed. In addition to studies of legal groups (law, social sciences) and partly aspects of human rights, research is also into interdisciplinary research projects.

Training courses – International two-year Master’s – Internet-based course for employees degree programme on human rights of the Norwegian Foreign Service Master of Philosophy in The Theory – Electives in international human And Practice of Human Rights rights law and international humanita- – Introduction to Human Rights Law rian law for law students – Continuing education course for teachers at universities and colleges

National Human As a National Human Rights Institution ther, it shall provide consultation, educa- Rights Institution (NHRI) the NCHR shall foster greater tion and information on matters awareness and monitor the fulfilment concerning human rights, and initiate within Norway of internationally independent human rights related adopted human rights instruments. Fur- research activities.

International pro- The Centre is involved in a number of several areas. Geographically, these areas grammes programmes in order to strengthen are mainly linked to China, South Africa human rights within Norwegian devel- and Indonesia; thematically, to democra- opment assistance and international co- tisation (the NORDEM project), dia- operation. This involvement is based on logue on religion (Oslo Coalition on Freedom of Religion or Belief), the Right the Centre’s own research and that of to food, and the ICC Legal Tools project. partner institutions. The projects span widely both geographically and themati- Nordem cally, and contribute to strengthening The objective of NORDEM (Norwegian basic competence levels in Norway in Resource Bank for Democracy and

Luxembourg: Institut luxembourgeois des droits de l’homme 85 Council of Europe

Human Rights) is to make Norwegian and respect for human rights, including personnel available for international election observations and monitoring assignments which promote democracy democratisation processes.

The NCHR library holds a highly searched in the library system available Library updated and extensive collection of on its web pages: http:// human rights literature – probably the www.humanrights.uio.no/english/ best in Norway. It is open to the public, library/ and the main parts of collection may be

Publications series: NORDEM Report. Rights) jointly with the other Nordic Publications Additionally, the NCHR publishes the human rights institutes and a number of journal Nordisk Tidsskrift for Menneskeret- NGOs. tigheter (Nordic Journal of Human

Ius Gentium Conimbrigae (Institute of International Law and Portugal Cooperation with Portuguese-speaking States and Communities) Faculty of Law, University of Coimbra, P-3004-545 Coimbra Tel: +351 239 824 478/Fax: +351 239 823 353 E-mail: [email protected]/Site Internet: http://www.fd.uc.pt/ige/

–The Post-graduate Course in Human tural exchange. Each year’s course Teaching and Rights and Democratisation works simul- focuses on a separate topic of the human training taneously as an integrated part of the rights agenda. European Master’s Degree in Human Rights and Democratisation, established in Venice and organised by a consortium of over thirty universities in the Euro- pean Union, and as an independent post- graduate course, which is open to anyone interested. Partly delivered in English, the course is multidisciplinary in nature, with a broad scope. – The Summer Courses, which are also in – The Centre takes part in the Euro- English, offer a great opportunity for cul- pean Master’s Degree in Human Rights.

The Autumn Conference takes place each these international conferences focus on Seminars and con- year on the anniversary of the Universal a specific issue of the human rights ferences Declaration of Human Rights. Each year, agenda.

The Centre is a member of the European in the member states. The Network International co- Union Network of Experts in Fundamental issues annual reports and thematic com- operation Rights, who are in charge of monitoring ments, whenever requested by the the EU Charter of Fundamental Rights Union.

– The Centre issues publications on its – It also publishes papers focusing on Publications different activities, namely studies on the Centre’s teaching and reasearch the EU Charter of Fundamental Rights, activities. on the International Criminal Court, on –The Centre keeps an Online Portu- women’s rights, etc. guese Human Rights Encyclopaedia (http:/ /www.fd.uc.pt/hrc/enciclopedia/.

86 European human rights institutes Human rights information bulletin, No. 69

Romania IRDO Romanian Institute for Human Rights B-dul Nicolae Bălcescu nr. 21, Bucarest Tel: 40 21 311 4921/Fax: 40 21 311 4923 E-mail: [email protected]

Conferences, – Cycle of debates on “Human Rights – International symposium on debates, round in the European Union”, organised for “Human Rights – Spiritual Dimension tables researchers, teachers and students. The and Civic Action”, organised in partner- topics dealt with included: “Human ship with the Metropolitan Church of Rights and the Communitarian Acquis”, Moldova and Bucovina, the Roman- “Draft of the European Constitution and Catholic Bishopric, and the “Al. I. Cuza” Human Rights”, “Promotion and Protec- University of Iaşi tion of Human Rights: Information and – Symposium on “Protection of Education” Human Rights at European Level”, – Round Table on “Average term objec- organised in collaboration with the tives with human rights education”, on Romanian Association for the United the occasion of United Nations”’ Nations, the UNESCO Chair for Human launching of the 2nd World Decade of Rights, Democracy, Peace and Tolerance Human Rights Education and the Victor Dan Zlãtescu Club of – Cycle of debates on “Human Rights Cheia Association in the United Nations System”, organ- – Round Table on “Evolution of the ised for researchers, professors and stu- Romanian Population and Provision of dents. The topics dealt with included: Equality of Opportunities for Men and “UN Institutions and Mechanisms in Women”, organised in collaboration the System of Human Rights”, “Special with the Victor Dan Zlãtescu Club of Mechanisms Established for the Applica- Cheia Association tion of the UN Human Rights Instru- ments”, “Special Procedures and Their – Round Table on “Equality of Oppor- Role for the Protection of Human Rights tunities, Equality of Treatment”, organ- in the United Nations System” ised in collaboration with the Romanian – In the period 18-26 March 2006, Association for Women’s Rights to mark IRDO launched the “European Week of the 19th anniversary of the UN Interna- Action against Racism”, which included tional Convention for the Elimination of debates on such topics as: “Practices and All Forms of Discrimination against Means of School Education against Women Racial Discrimination”, “Equality and – Meeting in Baia Mare on “The Non-Discrimination”, “Stadiums – A Council of Europe and Human Rights”, Space Free of Racism” organised in collaboration with the – Round Table on “Freedom of Expres- UNESCO Chair for Human Rights, sion – A Fundamental Right, the Corner- Democracy, Peace and Tolerance, to stone of All Rights and Freedoms”, mark the 13th anniversary of Romania’s organised in collaboration with the accession to the Council of Europe, as Romanian Association for the United part of the cycle of activities devoted to Nations. the Council of Europe

Teaching – Human rights training course on Chair for Human Rights, Democracy, “Protection of Human Rights – Proceed- Peace and Tolerance and the Romanian ings through the Advocate of the People Association for the United Nations – and the Administrative Disputed Mat- ANUROM, in Baia Mare and Şuior. ters”. – Training-informing courses on – 12th edition of the International human rights issues addressed to the University of Human Rights, organised staff of the police, justice, universities, in collaboration with the UNESCO and pre-university educational units.

Romania: IRDO 87 Council of Europe

Periodicals la care România este parte, vol. II, Ins- Publications – The quarterly “Drepturile Omului” trumente regionale (Basic international (Human Rights) human rights instruments where Romania is a party, 2nd volume, – “Info-IRDO”, a monthly informa- Regional instruments) tion bulletin. – Din jurisprudenţ Curţii Europene a Publications Drepturilor Omului. Cazuri cu privire la – Principalele instrumente România (Jurisprudence of the European internaţionale privind drepturile omului Court of Human Rights. Cases involving la care România este parte, vol. I, Instru- Romania) mente universale (Basic international – Libertatea de exprimare şi protecţia human rights instruments where minorilor în audiovizual, autori Mihaela Romania is a party, 1st volume, Uni- Botnaru, Rodica Anghel (Freedom of versal instruments) expression and protection of juveniles in – Principalele instrumente the audiovisual field, authors Mihaela internaţionale privind drepturile omului Botnaru, Rodica Anghel)

Human Rights Institute of Catalonia (IDHC) Spain c/ Pau Claris, 92, entl. 1a , E-08010 Barcelona Tel: +34/93 301 77 10/Fax: +34/ 93 301 77 18 E-mail: [email protected]/Website: http://www.idhc.org/

Annual course on human rights Commissioner of Human Rights, in Teaching This course is organised every year. The Geneva; to the Council of Europe and next edition will take placeduring the the European Court of Human Rights, in first three months of 2007. Strasburg;to the Office of the Ombudsman of Catalonia, in Barcelona; It is addressed to students of legal, eco- to the Office of IDHC in Barcelona, nomic and social sciences, administration through the European program Leon- officials, bodies and security forces, law- ardo. yers, social workers, economists and all other professionals related to this Human Rights Training for Voluntary matter. Workers Lecturers of recognised national and international prestige are in charge of The second edition of this course will the conferences. take place at the end of January 2007. The main purpose of the course is to pro- Scholarships vide those who work in different areas of Among the participants in the Annual co-operation for development the neces- Course of Human Rights who write a sary tools to understand the interna- paper about the protection of human tional reality through the knowledge rights, the IDHC awards different kinds and study of the international law of of scholarship: internships and visits to human rights, humanitarian law, and the Office of the United Nations High international criminal law.

The IDHC organises promotional activi- be adopted by state bodies and other Promotional activities in connection with humanrights, institutional forums, which seeks to ties such as: define human rights in the 21st century, – Participative process in the final and to face the new challenges of our drafting of the Charter of Emerging Rights. globalised world. The text is a programmatic instrument – On-line resources about “forgotten of the international civil society called to conflicts”.

The Institute does scientific advising in them in respect of the “European Legal advice the field of human rights to public insti- Charter for Safeguarding Human Rights tutions and private entities, most of in Cities”.

88 European human rights institutes Human rights information bulletin, No. 69

Publications Forgotten Conflicts Serial: Nepal The Iraq conflict and international This monograph contains a research humanitarian law about the conflict and compiles the spee- Analysis of the Iraq conflict from the ches by the participants in a Round Table point of view of the applicable law to which took place in October 2006. each phase of the conflict.

Library Bibliographical resources comprise the IDHC’s bibliographical The IDHC holds in its head office a vast resources. library on human rights. More than On-line resources 1 000 monographs, several collections of specialised magazines and publications On the IDHC’s website, the on-line of international organisations and other library contains a selection of sources institutions which work for the defence, about human rights and basic legislative study and promotion of human rights documentation.

Instituto de Derechos Humanos « Bartolomé de las Casas » Universidad Carlos III de Madrid, C/ Madrid 126, Despacho 11.1.03. CP 28903 Getafe (Madrid) Tel: +34 91 624 98 34/Fax: +34 91 624 89 23

Publications – AA.VV., Derechos fundamentales, de la batalla, Instituto de Derechos Valores y Multiculturalismo, (eds.) Fco. Humanos “Bartolomé de Las Casas” y Javier Ansuátegui, J. A. López García, A. Dykinson, Madrid, 2005. del Real y R. Ruiz, colección Derechos –No 36. Aranda, E., Estudios sobre la Ley humanos y Filosofía del Derecho, Insti- Integral de la violencia de género, Instituto tuto de Derechos Humanos “Bartolomé de Derechos Humanos “Bartolomé de de Las Casas” y Dykinson, Madrid, 2005. Las Casas” y Dykinson, Madrid, 2006. – Asís Roig, R. De, El juez y la motivación –No 37. Rodriguez Gaona, R., El control en el Derecho, colección Derechos constitucional de la Reforma a la Constitu- humanos y Filosofía del Derecho, Insti- ción, Instituto de Derechos Humanos tuto de Derechos Humanos “Bartolomé “Bartolomé de Las Casas” y Dykinson, de Las Casas” y Dykinson, Madrid, 2005. Madrid, 2006. – Campoy Cervera, I., La fundamenta- –No 38. Ruiz Ruiz, R., Lo orígenes del ción de los derechos de los niños. Modelos de Republicanismo Clásico, Instituto de Dere- reconocimiento y protección, Dykinson, chos Humanos “Bartolomé de Las Casas” Madrid, 2006 y Dykinson, Madrid, 2006. – Haba, Enrique P., Metodología jurídica – Rodríguez Palop, Mª E./Campoy Cer- irreverente, Dykinson, Madrid, 2006. vera, I./Rey Pérez, J. L. (Editores), Desa- – Peces-Barba, G. (en colaboración con fíos actuales a los Derechos Humanos: La Asís Roig, R./Barranco Avilés, Mª Del C.) violencia de género, la inmigración y los Lecciones de Derechos Fundamentales, medios de comunicación, Debates del Insti- Dykinson, Madrid, 2005. tuto Bartolomé de las Casas num. 3, – Pérez de la Fuente, O., Pluralismo cul- Dykinson, Madrid 2005. tural y derechos de las minorías, Dykinson, – Ribotta, Silvina (ed.), La educación en Madrid, 2006. Derechos Humanos, Debates del Instituto – Ruiz Ruiz, R., La tradición republi- Bartolomé de las Casas, num. 4, cana, Dykinson, Madrid, 2006. Dykinson, Madrid, 2006 – Campoy Cervera, I. (ed.), Una discu- Cuadernos « Bartolomé De Las Casas » sión sobre la universalidad de los derechos –No 34. Perez Luño, A. E., Las dimen- humanos y la inmigración, Debates del Ins- siones de la igualdad, Instituto de Dere- tituto Bartolomé de las Casas, núm. 5, chos Humanos “Bartolomé de Las Casas” Dykinson, Madrid, 2006 y Dykinson, Madrid, 2005. – Rodríguez Palop, Mª E./Campoy Cer- –No 35. Perez De La Fuente, O., La polé- vera, I./Rey Pérez, J. L. (ed.), Desafíos mica liberal comunitarista. Paisajes después actuales a los derechos humanos: reflexiones

Spain: Instituto de Derechos Humanos « Bartolomé de las Casas » 89 Council of Europe sobre el derecho a la paz, Debates del Insti- Derechos humanos y Filosofía del Derecho, tuto Bartolomé de las Casas, núm. 6, Dykinson, Madrid, 2005, Alberto Iglesias Dykinson, Madrid, 2006 Garzón – Pintore, A., El Derecho sin verdad, tra- Prudencio García, El Genocidio de Guate- ducción de Isabel Garrido y José Luís del mala a la luz de la Sociología militar, Hierro, IDHBC-Dykinson, Madrid, 2005 SEPHA, Madrid, 2005, Diego Blázquez – Zolo, D., Los señores de la paz. Una crí- Martín tica del globalismo jurídico, traducción de Pedro Cruz Villalón, La constitución Roger Campione, IDHBC-Dykinson, inédita. Estudios ante la constitucionaliza- Madrid, 2005 ción de Europa, Editorial Trotta, Madrid, 2004, Esteban Greciet García Revistas Derechos y Libertades María del Carmen Barranco Avilés, Dere- Derechos y Libertades es la revista chos y decisiones interpretativas, Marcial semestral que publica el Instituto de Pons, Madrid, 2004, Patricia Cuenca Derechos Humanos Bartolomé de las Gómez Casas de la Universidad Carlos III de Madrid Mª José Parejo Guzman, La eutanasia ¿un derecho?, Thomson Aranzadi, Navarra, Director: Gregorio Peces-Barba Martínez 2005, Óscar Celador Antón Subdirectores: Ángel Llamas y Franscico. o Javier Ansuátegui N 15 (Junio/2006) Secretario: Oscar Pérez de la Fuente Sumario

No 14 (Enero/2006) Hobbes y los fundamentos del pensamiento internacional moderno, David Armitage Sumario Rousseau y la soberanía del pueblo, Yves Derechos humanos y Revolución inglesa, J.C. Charles Zarka Davis Algunas estrategias para la virtud cosmopo- El liberalismo de Isaiah Berlin. La libertad, lita, Oscar Pérez de la Fuente sus formas y sus límites, Juan Antonio El republicanismo de Pettit y el Estado ético García Amado de Aranguren (no-dominación y acceso a la Aspectos constitucionales de la identidad cul- política desde la ética): una aproximación tural, Peter Häberle formal a ambas teorías, Juan Carlos Teorías institucionalistas del Derecho Rincón Verdera (esbozo de una voz de enciclopedia), Mas- Pluralismo, conflictos trágicos de valores y simo La Torre diseño institucional. En torno a algunas Hans Kelsen: una biografía cultural ideas de Isaiah Berlin, Guillermo Lariguet mínima, Mario Losano Razón práctica y argumentación en Maccor- El derecho a la salud: un derecho social esen- mich: de la descripción a la justificación cial, José Martínez de Pisón crítico-normativa, Leonor Suárez Llanos La positividad de los derechos sociales: su A vueltas con el paternalismo jurídico, enfoque desde la filosofía del derecho, Miguel A. Ramiro Avilés Antonio-Enrique Pérez Luño Cuestiones jurídicas sobre el derecho al desa- La dialéctica de Spinoza y las paradojas de rrollo como derecho humano, Ana Manero la tolerancia: ¿un fundamento para el plura- Salvador lismo?, Michel Rosenfeld Recensiones Hans Kelsen y el Derecho internacional, Luis Gregorio Robles Morchón, La influencia Villar Borda del pensamiento alemán en la sociología de La cuestión del Imperio hoy, Yves Charles Émile Durkheim, Luis Lloredo Alix Zarka Massimo La Torre y Alberto Scerbo (a Recensiones cura di), Diritti, procedure, virtù. Seminari Francisco Javier Ansuátegui Roig, Juan catanzaresi di filosofia del diritto, Carlos Antonio López García, Alberto del Real, Lema Añón Ramon Ruiz Ruiz (eds.), Derechos funda- Asis Roig, Rafael de, Cuestiones de Dere- mentales, valores y multiculturalismo, col. chos, Alberto Iglesias Garzón

90 European human rights institutes Human rights information bulletin, No. 69

Universitas, revista electrónica de filo- Apuntes acerca de la educación jurídica clí- sofía, derecho y política nica, por Diego Blázquez Martín

Sumario del Número 2, Verano de 2005 La educación jurídica, como campo de inves- tigación desde una conceptualización episte- Portada mológica, por Ramón Larrauri Torroella

Entrevista a Craig Calhoun, por Daniel Políticas activas de empleo para inmigrantes Gamper en España, por Francisco Sacristán Romero Trabajos de investigación. Reflexiones sobre el estudio de los derechos humanos y su fun- Rorty: el giro narrativo de la ética o la filo- damentación, por Marline Maxine sofía como género literario, por Adolfo Vás- Harrison quez Rocca

El papel de la justicia en los procesos de Todos atentos por nuestra seguridad, por reconciliación, por Marta Salomón Emilio Moyano Martínez Moreno Sumario del Número 4, Verano de 2006 Ciudadanía, derechos y bienestar: un aná- lisis del modelo de ciudadanía de T.H. Mar- Portada shall, por Marcos Freijeiro Varela

Quién pudiera ser positivista. Los modelos de Democracia y derechos fundamentales en la , por Rodolfo ciencia jurídica y el debate actual sobre el obra de Luigi Ferrajoli Moreno Cruz positivismo jurídico, por Guillermo J. Munnè Implicaciones teóricas de la separación entre Un modelo de interrelación entre Moral, los conceptos de derechos fundamentales y Poder y Derecho. El modelo prescriptivo de sus garantías jurídicas, por Wilson de los Gregorio Peces-Barba, por Reynaldo Bus- Reyes Aragón tamante Alarcón La lectura crítica de textos jurídicos, por Juan Ureta Guerra Sumario del Número 3, Invierno de 2005/2006 Los levellers y el agreement: hacia la Teoría , por Ricardo Cueva Portada y Editorial: Juristas graduados, constitucional moderna Fernández pero incapacitados, por Roberto M. Jiménez Cano Una nueva izquierda es posible: rescatando Razonamiento jurídico y toma de decisión. el pensamiento de Rosa Luxemburgo, por Breves notas acerca de la influencia de la Pablo E. Slavin racionalidad y la irracionalidad en la deci- sión judicial, por Juan Pablo Lionetti de Dar sentido y efectividad a los derechos Zorzi humanos para los niños indígenas, por Bénédicte Lucas « Crisis de la ley », principios constitucionales y seguridad jurídica, por Edgardo La gobernanza de las víctimas del terro- Rodríguez Gómez rismo, por Ariel Alejandro Tapia Gómez

Postgrados del Postgrado en Estudios Avanzados en – Doctorado en Derecho (Programa instituto en el curso Derechos Humanos (Director: Prof. Derechos Fundamentales) académico 2006/07 Francisco Javier Ansuátegui Roig) – Máster en Derechos Fundamentales – Máster en Estudios Avanzados en (Director: Prof. Miguel Ángel Ramiro Derechos Humanos Avilés)

Spain: Instituto de Derechos Humanos « Bartolomé de las Casas » 91 Council of Europe

Institute for Public and International Law Sweden Uggelviksgatan 9, S-114 27 Stockholm Tel: +46 8 21 62 44/Fax: +46 8 21 38 74 Internet : http://www.ioir.se/

In June 2006 the Institute held its annual The proceedings of Competition Sporring Lönnroth debating competition the debating com- for young lawyers’ teams from the petition are published by the Nordic countries. The event took place Institute. in Helsinki. This year’s winner was Club St Erik, from Stockholm.

92 European human rights institutes

Human rights information bulletin, No. 69

Human Beings Human

Trafficking in in Trafficking

Action against against Action Convention on on Convention

12.10.06

Minorities

of National National of

for the Protection Protection the for

Framework Conv. Conv. Framework

Torture

the Prevention of of Prevention the

Convention for for Convention

CPT European European

(Revised) Charter Charter

12.07.02 24.02.00 12.09.91 18.11.97

European Social Social European

Charter European Social Social European

16.10.90 02.03.04 23.07.91 Protocol No. 14 No. Protocol

14.09.06 Protocol No. 13 No. Protocol

07.03.06 28.03.06 22.10.65 31.01.02 05.07.99 29.12.88 03.11.97 10.02.98 06.06.05 19.05.06 02.09.04 15.04.02 26.06.00 Protocol No. 12 No. Protocol

23.06.03 11.10.04 11.04.06 27.01.65 21.02.90 10.09.97 26.03.03 17.07.06 12.11.04 06.01.97

Protocol No. 7 No. Protocol Protocol No. 6 No. Protocol

European human rights treaties

Protocol No. 4 No. Protocol

Protocol No. 1 No. Protocol

Human Rights Human

Convention on on Convention European 28.11.74 28.11.74 08.09.98 29.10.87 01.02.05 05.08.05 06.06.84 02.08.91 08.09.82 14.11.95 08.02.05 15.11.90 08.02.05 05.12.02 07.09.05 14.06.55 14.06.55 21.09.70 10.12.98 18.03.92 18.03.92 18.03.92 18.03.92 18.03.92 02.07.04 19.05.06 03.11.99 07.09.95 18.12.97 22.01.9603.09.58 03.09.5812.07.02 18.09.6907.09.92 12.07.0205.11.97 05.01.84 07.09.92 12.07.02 05.11.97 14.05.86 04.11.00 22.01.9613.04.53 12.07.02 05.11.9716.04.96 29.09.99 13.04.53 12.07.02 05.11.97 16.04.96 04.11.00 30.09.64 29.07.03 05.11.97 16.04.96 12.01.0405.12.52 01.12.83 29.07.03 03.02.03 17.04.98 23.01.06 13.02.57 18.08.8805.11.92 19.05.06 03.02.03 16.04.96 29.10.69 01.06.68 05.11.92 13.02.03 30.01.06 26.10.55 05.07.89 05.11.92 17.11.05 26.02.03 27.06.97 26.10.55 05.11.92 27.06.97 28.11.0220.06.95 27.05.82 25.02.04 05.11.9203.09.53 06.01.89 27.06.97 10.11.04 24.05.96 29.12.88 26.01.06 03.09.53 31.03.98 07.05.99 03.03.65 07.06.00 20.06.95 11.10.97 07.11.91 02.05.68 27.06.97 03.05.94 08.07.99 11.10.97 19.02.85 16.07.03 07.05.99 20.06.95 19.04.89 11.09.00 21.12.05 02.05.89 21.03.06 06.11.96 08.07.99 22.09.97 21.03.06 06.01.97 29.01.04 21.03.06 01.07.05 10.10.91 04.11.93 25.09.95 29.06.01 06.09.88 26.11.98 23.03.00 26.04.02 26.04.02 26.04.02 29.09.03 26.04.02 17.12.04 07.01.05 21.01.04 18.06.02 20.07.98 02.10.96 02.10.96 02.10.96 21.09.00 02.10.96 26.11.04 03.02.06 14.11.02 02.10.96 28.09.99 15.04.02 15.04.02 15.04.02 15.04.02 15.04.02 06.10.62 06.10.62 03.10.89 19.01.00 15.09.00 30.04.02 12.03.03 17.11.05 07.03.68 27.09.00 03.04.89 04.06.96 20.05.99 07.06.02 13.04.00 13.04.00 13.04.00 15.06.01 22.05.03 10.11.04 22.08.05 20.06.00 22.12.05 a ovin g g ublic p k an y a j y a a a ia a a ar g a ari g ium rus g g y yp Denmar Greece Croati C Estoni FinlandFranceGeor Hun IcelandIreland 10.05.90Ital 03.05.74 10.05.90 03.05.74 10.05.90Luxembour 03.05.74 10.05.90Malta 29.06.53 17.02.86 10.05.90 25.02.53 29.06.53 17.02.86 17.12.04 25.02.53 16.11.67 29.11.04 29.10.68 22.05.87 07.03.06 24.06.94 22.05.87 23.01.67 29.04.91 03.08.01 23.01.67 21.06.02 05.06.02 20.12.90 07.06.06 26.03.91 10.11.04 03.10.97 09.03.73 03.05.02 15.01.03 16.05.05 07.05.99 10.11.04 15.01.76 09.01.89 07.10.64 04.11.00 03.05.02 14.03.88 04.10.04 19.06.90 07.05.99 04.10.88 27.07.05 07.03.88 10.02.98 Armenia Bul Austri Azerbai Albania Andorr Czech Re German Bosnia and Herze Lithuani Latvi Liechtenstein Bel Appendix Simplified chart of ratifications

Simplified chart of ratifications of European human rights treaties 93

Council of Europe

Human Beings Human

Trafficking in in Trafficking

Action against against Action Convention on on Convention

21.08.06

Minorities

of National National of

for the Protection Protection the for

Framework Conv. Conv. Framework

Torture

the Prevention of of Prevention the

Convention for for Convention

CPT European European

(Revised) Charter Charter

31.01.90 03.03.04 05.12.96 11.05.01 05.05.97 26.01.98 07.10.88 21.10.98 05.05.98 21.08.98 30.11.05

European Social Social European

Charter European Social Social European

25.06.97 10.10.94 20.12.00 24.11.89 26.02.88 Protocol No. 14 No. Protocol

22.08.05 08.11.01 02.10.97 20.11.96 19.05.06 12.10.06 02.10.06 Protocol No. 13 No. Protocol

15.03.06 06.05.80 02.05.89 01.09.95

18.10.06 Protocol No. 12 No. Protocol 10.10.03 28.01.05 11.07.62 24.06.88 15.01.98 20.02.06

are highlighted Protocol No. 7 No. Protocol

31.10.06 Protocol No. 6 No. Protocol

and Protocol No. 4 No. Protocol 31.07.06

Protocol No. 1 No. Protocol

Human Rights Human

Convention on on Convention European 22.03.89 22.03.89 22.03.89 22.03.89 22.03.89 25.04.03 25.04.03 02.02.06 03.03.04 03.03.04 03.03.04 03.03.04 03.03.04 03.03.04 03.03.04 06.09.05 04.02.5228.11.74 22.06.53 13.06.64 09.02.84 08.11.85 13.10.87 24.02.88 22.04.03 17.11.05 17.12.62 29.05.98 03.05.02 21.06.88 25.04.06 09.02.00 31.08.54 31.08.54 23.06.82 25.04.86 28.07.04 10.02.06 02.02.06 22.04.80 03.05.06 12.10.88 16.02.05 08.03.51 03.11.52 20.05.99 15.01.52 18.12.5220.06.94 12.06.6405.05.98 20.06.94 25.10.88 05.05.98 20.06.94 25.10.8818.03.92 05.05.98 20.06.94 18.03.92 20.06.94 18.03.92 17.07.06 18.03.92 16.08.05 05.05.98 07.04.03 18.03.9218.05.54 10.11.04 16.05.05 18.05.54 26.10.62 07.05.01 21.04.89 18.08.05 07.05.99 12.11.03 17.03.99 16.05.05 04.10.94 22.06.98 11.05.95 11.05.94 14.09.95 04.10.79 27.11.90 14.01.85 12.09.97 12.09.97 12.09.97 12.09.97 12.09.97 30.11.05 30.11.05 30.11.05 30.11.05 30.11.05 10.03.06 10.04.97 10.04.97 10.04.97 10.04.97 10.04.97 13.07.04 13.07.04 15.06.05 31.03.05 06.06.97 10.04.97 09.11.78 09.11.78 09.11.78 02.10.86 20.12.04 03.10.03 19.05.06 30.09.91 30.05.02 29.03.90 07.05.02 11.09.97 11.09.97 11.09.97 04.04.00 11.09.97 27.03.06 11.03.03 27.03.06 Updated:Ratifications between 07.12.06 dom g a y a al y g a ublic of Macedonia" p ain p Office’s Internet site: http://conventions.coe.int Full information on the state of signatures and ratifications Council Europe conventions can be found Treat San Marino Serbia Slovaki “the former Yugoslav Re Portu PolandSlovenia 19.01.93S 10.10.94 10.10.94 30.10.00 28.06.94 04.12.02 28.06.94 28.06.94 28.06.94 28.06.94 04.12.03 29.06.05 07.05.99 02.02.94 25.03.98 Russi Sweden Switzerland Netherlands Norwa Moldova Monaco Turke Romani Ukraine United Kin

94 Appendix

Directorate General of Human Rights Council of Europe F-67075 Strasbourg Cedex

http://www.coe.int/human_rights/

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