d04_6






    773rd meeting – 21 November 2001

    Item 4.6

    Evaluation group to examine possible means of guaranteeing the effectiveness
    of the European Court of Human Rights – Report
    (CM/Del/Dec(2001)740/4.5, 766/4.2, 768/4.3 and 772/4.1, EG-Court(2001)1)

    Decisions

    The Deputies, following on from the adoption by the Committee of Ministers, at their 109th Session (7-8 November 2001) of the Declaration on “the Protection of human rights and fundamental freedoms in Europe – guaranteeing the long-term effectiveness of the European Court of Human Rights”, adopted the following decisions concerning the apportionment of the task of following up the recommendations of the Evaluation Group, as presented in Chapter XI of the report:

    A. As regards national measures

    1. recalled the relevant decisions taken at their 736th meeting (10-11 January 2001, item 4.3) as follow up to the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000);

    2. invited the Steering Committee for Human Rights (CDDH) to accelerate its ongoing work concerning measures that could be taken at national level and to report to the Ministers’ Deputies on its activities;

    3. invited the Council of Europe Commissioner for Human Rights to give due consideration in his activities to encouraging member states to promote better awareness of, and adequate training in human rights in particular in the law of the Convention;

    4. invited the Secretary General to ensure that appropriate priority is given to the Organisation’s activities which aim to promote training of judges, lawyers, prosecutors and law enforcement officials, as well as those responsible for training, in the law of the Convention, where appropriate in partnership with other organisations and to examine possibilities for enhancing the role of the Council of Europe information and documentation centres in the area of provision of information and advice concerning the Convention and its procedures to potential applicants;

    5. adopted Decision No. CM/811/21112001 assigning ad hoc terms of reference to the CDDH to carry out a feasibility study on means of reinforcing interaction between the Strasbourg Court and national courts, possibly including the organisation of a seminar on this question, as it appears at Appendix 9 to the present volume of Decisions;

    B. As regards execution of the Court’s judgments

    6. agreed to consider these questions at one of their forthcoming meetings, inter alia in the light of the opinion of the CDDH on Parliamentary Assembly Recommendation 1477 (2000) on execution of judgments of the European Court of Human Rights;

    7. invited the Secretary General, after consultation of the Court, to make proposals concerning the Committee of Ministers’ control of execution of judgments involving issues generating repetitive applications;

    C. As regards immediate measures to be taken in Strasbourg

    8. recalled the adoption by the Committee of Ministers of the Declaration on “the Protection of human rights and fundamental freedoms in Europe – guaranteeing the long-term effectiveness of the European Court of Human Rights” at its 109th Session on 7-8 November 2001, and in particular paragraph 6 thereof;

    9. adopted Decision No. CM/812/21112001 assigning ad hoc terms of reference to the CDDH to consider the advisability of preparing a resolution or recommendation of the Committee of Ministers encouraging the conclusion of friendly settlements and if appropriate to present a draft text, as it appears at Appendix 10 to the present volume of Decisions;

    D. As regards resources

    10. bearing in mind the fact that the Evaluation Group, in preparing its recommendations, had taken account of the relevant passages of the report on the Court prepared by the Internal Auditor, invited their Rapporteur Group on Administrative and Budgetary Questions (GR-AB) to examine each of the questions raised in paragraphs 64 to 79 of the report of the Evaluation Group and to make recommendations to the Deputies, it being understood that these recommendations would only affect the Council of Europe’s 2003 and subsequent budgets;

    11. noted that they could seek the advice of the Budget Committee concerning relevant questions arising from the recommendations of the GR-AB;

    E. As regards amendment of the Convention

    12. adopted Decision No. CM/813/21112001 assigning ad hoc terms of reference to the CDDH on measures involving amendment of the Convention, as it appears at Appendix 11 to the present volume of Decisions;

    F. In general

    13. invited the Chairman of the CL-CEDH to pursue, in close consultation with the Secretary General, the CDDH, the Commissioner for Human Rights and national delegations, progress accomplished in following up the above decisions.



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