1073rd meeting – 9 and 14 December 2009

Item 13.1

Letter from the Representative of the Russian Federation concerning Protocol No. 14

Decisions

The Deputies

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter referred to as “the Convention”) and to Protocol No. 14 to the Convention, amending the control system thereof;

Having regard to the statement adopted at the 119th Session of the Committee of Ministers (Madrid, 12 May 2009) on the Conference of the High Contracting Parties to the European Convention on Human Rights1 where the Ministers stressed that the entry into force of Protocol No. 14 should remain the first priority of the States Parties to the Convention;

Recalling that the Ministers further stressed in their statement that in order to achieve the objective of an entry into force of Protocol n°14, “interpretative declarations or reservations could be formulated in conformity with the principles of the international law of treaties and relevant provisions of the Convention”;

Noting with satisfaction that in his letter of 2 November 2009 to the Chair of the Ministers’ Deputies, the Permanent Representative of the Russian Federation recalled that on 23 September 2009 the State Duma of the Federal Assembly of the Russian Federation issued a public statement according to which it is possible to consider again the issue of ratification of Protocol No. 14 to the Convention;

Having regard to the request for clarification made by the Permanent Representative of Russia in this letter, aiming at facilitating and accelerating the process of consideration of that issue:

1. noted the explanations concerning the practical implementation of Articles 28 and 38 of the Convention, as amended respectively by Articles 8 and 14 of Protocol No. 14, provided by the Registrar of the European Court of Human Rights in his reply to the letter addressed to him on 4 November 2009 by the Chair of the Ministers’ Deputies;

2. took due note of the declaration of 7 December 2009 by the Russian Federation regarding paragraphs 3 and 4 of Article 46 of the Convention, introduced by Protocol No. 14 and confirmed that in line with its established practice, the Committee of Ministers engages in a dialogue with the state concerned with a view to securing the full execution of the Court’s judgment and that nothing in the text or the drafting history of Protocol No. 14 indicates that this should be different as regards the question of a possible application of new paragraphs 3 and 4 of Article 46, or that these provisions aim at giving the Court a new power to prescribe a particular manner of implementing a judgment;

3. encouraged the Russian Federation to pursue its efforts with a view to depositing as soon as possible the instrument of ratification of Protocol No. 14, which would pave the way for its entry into force.

Note 1 Document CM(2009)60 final.


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