Ministers' Deputies / Rapporteur Groups
GR-H
Rapporteur Group on human rights

GR-H(2009)CB4 29 April 20091
————————————————

Synopsis
Meeting of 24 April 2009

————————————————

1. The Rapporteur Group on Human Rights (GR-H) met on 24 April March 2009 with Ambassador C. Oldenburg, Permanent Representative of Denmark, in the Chair. The following items were discussed:

09/13 Steering Committee for Human Rights (CDDH)

    b. Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights
    CM(2009)51 add prov, DD(2009)156, DD(2009)186, DD(2009)189, GR-H(2009)7, CM(2009)58 rev, CM(2009)58 add rev, CM(2009)70 rev, CM(2009)71 rev, CM(2009)51 add2 rev, DD(2009)215, CM/Del/Dec(2009)1054/4.3

      i. Activity report “Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights”

      ii. CDDH final opinion on putting into practice certain procedures envisaged to increase the Court’s case-processing capacity

      iii. Opinion of the CAHDI (transmitted to the CDDH) on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single judge and committee procedures
      CM(2009)56 add

The Group examined the draft rules of procedure of the Conference of the High Contracting Parties as they appear in document CM(2009)70, the detailed modalities for the provisional application of certain provisions of Protocol No. 14 as they appear in document CM(2009)71, the draft Protocol No. 14 bis as it appears in document CM(2009)58 and the draft explanatory report to draft Protocol No. 14 bis as it appears in document CM(2009)58 add.

It agreed to introduce amendments to these documents as reflected in documents CM(2009)70 rev, CM(2009)71 rev, CM(2009)58 rev and CM(2009)58 add rev, respectively.

The Group then examined the draft decisions appearing in the annotated agenda (GR-H(2009)8).

After a discussion, the Group agreed to forward the two following sets of draft decisions to the Deputies for adoption at their 1056th meeting (6-7 May 2009):

(i) under item 4.1 – Steering Committee for Human Rights (CDDH) – Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights:

    “The Deputies

    1. invited the Secretary General of the Council of Europe to convene a Conference of the High Contracting Parties to the European Convention on Human Rights in Madrid on 12 May, in the margins of the 119th Ministerial Session;

    2. took note of the draft rules of procedure of the Conference as they appear in document CM(2009)70 rev;

    3. adopted the “Detailed modalities for the provisional application of certain provisions of Protocol No. 14 to the European Convention on Human Rights” as they appear in document CM(2009)71 rev, subject to an agreement being adopted by the High Contracting Parties to the Convention;

    4. invited the Secretary General to transmit the draft rules of procedure and the “detailed modalities” referred to in decisions 2 and 3 above to the Conference of the High Contracting Parties to the European Convention on Human Rights;

    5. having examined the Parliamentary Assembly’s opinion on draft Protocol No. 14 bis, took note of this opinion while expressing their appreciation for the speed with which the Assembly had responded to their request;

    6. approved the text of Protocol No. 14 bis as it appears in document CM(2009)58 final and agreed to transmit it to the 119th Ministerial Session (Madrid, 12 May 2008) for adoption and for decision about the date and place of its opening for signature;

    7. took note of the Explanatory Report to Protocol No. 14 bis, as it appears in document CM(2009)58 add final, and agreed to transmit it to the 119th Ministerial Session for the Ministers to take note of.”

(ii) under item 1.5 – 119th Session of the Committee of Ministers (Madrid, 12 May 2009) – Preparation:

    “The Deputies decided to submit the following draft decisions to the 119th Session of the Committee of Ministers (Madrid, 12 May 2009):

      “The Committee of Ministers

      1. welcomed the report “Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights” (CM(2009)51) and asked the Ministers’ Deputies to revert to the follow-up to be given to it at one of their forthcoming meetings;

      2. asked the Minister’s Deputies to prepare a non-binding instrument on domestic remedies for excessive lengths of proceedings;

      3. adopted Protocol No. 14 bis as it appears in document CM(2009)58 final and decided to open Protocol No. 14 bis for signature on …. on the occasion of …;

      4. took note of the Explanatory Report to Protocol No. 14 bis, as it appears in document CM(2009)58 add final.”

The Group exchanged views on draft elements for a possible statement to be made by the Ministers at the 119th Ministerial Session and on the draft text to be included in the abridged report of the Conference of the High Contracting Parties.

In relation to the latter, the delegation of the Russian Federation asked what the status would be of the outcome of the Conference of the High Contracting Parties. The Secretariat replied that, according to Article 25 of the Vienna Convention, the text would have legal value, in addition to its political importance: It would provide the basis on which each state would be able to make a declaration of acceptance, following which the relevant provisions of Protocol No. 14 would be applied to it on a provisional basis.

The Chair proposed to circulate, in the coming days and under his responsibility, a new draft for both the text for the Conference of the High Contracting Parties and the statement for the Committee of Ministers’ Session in the light of the discussion and of any written proposals for amendments that would reach him meanwhile. The Group supported that proposal.

The delegation of Turkey informed the Group that due to lack of time for the preparation of the meeting, it was not in a position to agree on any final proposal to be made to the Deputies.

The Chair concluded by saying that the possibility of obtaining an agreement at the Conference of the High Contracting Parties in the margins of the Ministerial Session on a provisional application of the procedural provisions contained in Protocol No. 14 represented an extremely important opportunity to increase the Court’s case-processing capacity. He stated that he was confident that all delegations would be able to adopt the necessary decisions related to the above at the next meeting of the Deputies (6-7 May 2009).

At the invitation of the Chair, the Secretariat proposed to address a letter to all Permanent Representations informing them about the practical modalities of the forthcoming Conference of the High Contracting Parties to the European Convention on Human Rights.

c. Terms of reference for two bodies answerable to the CDDH
CM Del/Dec(2009)1055/4.4.c, DD(2009)215, CM(2009)51 add2 rev

After a discussion, the Group agreed to forward the draft decisions concerning the Committee of Experts on reform of the Court (DH-GDR) contained in the annotated agenda (GR-H(2009)8) to the Deputies for adoption at their 1056th meeting (6-7 May 2009).

09/19 Steering Committee for Equality between Women and Men (CDEG) – Draft Declaration on the Achievement of de facto Gender Equality
CM(2009)68

The Group gave a generally positive feedback to the draft Declaration presented by the Thematic Coordinator on Equality between Women and Men (TC-EG), as well as to the two amendments proposed. After the discussion, the Chairman of the GR-H noted that Thursday, 30 April 2009 – 1 p.m. was fixed as the deadline for the presentation of any additional written amendments. In the light of all the amendments submitted, the Secretariat will prepare a revised text, to be considered by the Deputies at their 1056th meeting (6-7 May 2009), with a view to its possible transmission to the 119th Session of the Committee of Ministers.

09/17 “Member states’ duty to co-operate with the European Court of Human Rights” – Parliamentary Assembly Recommendation 1809 (2007)
REC_1809 (2007), CM/AS(2009)Rec1809 prov

The Chair said that, due to lack of time, it would be necessary to defer discussion of this item to the next meeting.

09/18 “Indicators for media in a democracy” – Parliamentary Assembly Recommendation 1848 (2008)
REC_1848 (2008), CM/AS(2009)Rec1848 prov

The Chair said that, due to lack of time, it would be necessary to defer discussion of this item to the next meeting.

- Any other business

- Date of the next meeting

Thursday, 18 June 2009 at 10 a.m.

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


 Top

 

  Related Documents
 
   Meetings
 
   Other documents