CM(2007)53 prov add 23 April 20071
994 Meeting, 2 May 2007
4 Human Rights
4.1 Steering Committee for Human Rights (CDDH) –
d. Interim report: sustained action to ensure the effectiveness of the implementation of the ECHR at national and European levels
For initial consideration by the Rapporteur Group on Human Rights (GR-H) on 24 April 2007
1. Most of the work of implementing the May 2006 Declaration has been entrusted to the Steering Committee for Human rights (CDDH). The CDDH interim report is set out in document CM(2007)53 prov, which constitutes Part Two.
2. In addition to the decisions which assigned the CDDH terms of reference, it should be highlighted that, in its May 2006 Declaration, the Committee of Ministers adopted decisions in two clearly defined areas: (i) the Council of Europe cooperation programmes in the field of human rights and (ii) activities linked with the execution of judgments of the European Court of Human Rights.
(i) Cooperation Programmes
3. In its Declaration, the Committee of Ministers encouraged member states to make full use of the possibility to request Council of Europe assistance to implement speedily and effectively the five recommendations mentioned in the May 2004 Declaration.2 It also invited them to take an active part in the implementation of the European Programme for Human Rights Education for Legal Professionals (HELP) to ensure full integration of Convention standards in the professional training of judges and prosecutors by the end of 2008.
4. It should be noted that in this regard member states continue to approach DGII with requests for targeted assistance in the field of professional training and capacity building. Examples include issues such as length of proceedings and improving conditions of detention in prisons. This is in addition to the numerous events carried out on the basis of the annual human rights cooperation programmes which are elaborated in cooperation with the member states. At the multilateral level, the HELP Programme (2006-2008) is developing a series of practical ECHR training tools reflecting the specific wishes put forward by the member states. The developments so far concerning the HELP Programme will be the subject of a specific interim report which will be transmitted to the Ministers’ Deputies at the end of June 2007.
(ii) Execution of judgments of the Court
5. In its Declaration, the Committee of Ministers also instructed the Ministers’ Deputies, notably to initiate annual tripartite meetings between representatives of the Committee of Ministers, the Parliamentary Assembly and the Commissioner for Human Rights to promote stronger interaction with regard to the execution of judgments and to carry forward other practical proposals for the supervision of execution of the Court’s judgments, including the creation of a global database on such execution.
6. A first exchange of views between representatives of the Committee of Ministers, the Parliamentary Assembly and the Commissioner for Human Rights to develop synergies in the field of execution of judgments is under consideration for the Autumn. Moreover, the publication in 2008 of the first Committee of Ministers annual report of activities on the execution of judgments concerning the year 2007 (see the decision adopted by the Deputies at their 982nd meeting) will facilitate the identification of more concrete topics for a tripartite meeting next year. In addition, since last December, a general item entitled “measures aimed at improving the execution of judgments of the European Court of Human Rights” is on the agenda of each Committee of Ministers’ Human Rights meeting.
7. As to the database concerning the execution of judgments, the development of a part of the necessary IT tools to facilitate access to information is currently being tested and search criteria are being finalised to allow an optimal use of the information stored.
Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set out in Resolution Res(2001)6 on access to Council of Europe documents.
2 Recommendation Rec(2000)2 on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights; Recommendation Rec(2002)13 on the publication and dissemination in the member states of the text of the European Convention on Human Rights and of the case-law of the European Court of Human Rights; Recommendation Rec(2004)4 on the European Convention on Human Rights in university education and professional training; Recommendation Rec(2004)5 on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights; Recommendation Rec(2004)6 on the improvement of domestic remedies.