Ministers' Deputies / Working Parties

GT-SUIVI.Interlaken

Ad hoc working party on the follow-up process

to the Interlaken Declaration

GT-SUIVI.Interlaken(2010)5 4 May 20101

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Follow-up to the Interlaken Declaration

Draft decisions for submission to the

120th Ministerial Session

Item to be considered by the GT-SUIVI.Interlaken at its meeting on 5 May 2010

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Revised draft decisions for submission to the 120th Ministerial Session

The Committee of Ministers:

1. endorsed the Declaration and Action Plan unanimously adopted at the High-level Conference on the future of the European Court of Human Rights held in Interlaken on 18-19 February 2010, and paid tribute to the Swiss authorities for this timely initiative and expressed its determination to implement the Interlaken outcome in a timely manner;

2. recalled the shared responsibility between the States Parties, the Court and the Committee of Ministers for the full and effective implementation of the Interlaken Declaration and Action Plan, as well as the subsidiary nature of the system of the European Convention on Human Rights welcomed the first steps made by the Court to follow-up the Interlaken Declaration and agreed at this stage on the following specific decisions;

3. welcomed the first steps made by the Court to follow up the Interlaken Declaration and invited the Court to take further steps to this end;

4. strongly encouraged States Parties to effectively implement the measures in the Action Plan addressed to them, including in particular by providing effective remedies in case of violation of these the Convention rights and freedoms and taking measures to enhance knowledge of the Convention system and the Court’s case-law; having regard to the subsidiary nature of the supervisory mechanism established by the Convention and their primary responsibility to ensure that the rights and freedoms set forth in the Convention are fully secured at national level;

5. welcomed the preparations made by the European Court of Human Rights to implement Protocol No. 14, as well as the first steps it has made to follow up the Interlaken Declaration. The Committee invited the Court to keep the Ministers’ Deputies regularly informed about the implementation of the specific points addressed to it;

5. 6. encouraged member states to respond favourably to the Court’s recent call for secondments of national lawyers, particularly judges, to its the Registry of the Court;

6. 7. recalling the fundamental importance of the right to individual petition, encouraged the Court to pursue its efforts to provide better information about the Convention system and invited the Secretary General to investigate possible means of providing comprehensive and objective information to potential applicants to the Court on the Convention and the Court’s case-law, in particular on the application procedures and admissibility, whether including through independent national human rights institutions or Ombudspersons, offices of the Council of Europe, or other means, and. The Committee invited the Secretary General to make proposals to this end for the handover meeting of the chairmanship of the Committee of Ministers on [10] November 2010 by December 2010;

7. 8. also invited the Secretary General to make proposals by the end of 2010 on how to grant the Court, in the interest of its efficient functioning, the necessary level of administrative autonomy within the Council of Europe;

8. 9. reaffirmed that prompt and effective execution of the judgments and decisions delivered by the European Court of Human Rights is essential for the credibility and effectiveness of the Convention system and a determining factor in reducing the pressure on the Court. and This requires the joint efforts of member States, the Court, the Secretariat and the Committee of Ministers. It The Committee instructed their Deputies to step up their efforts to make execution supervision more effective and transparent by reviewing their working methods and their rules to ensure that they are better adapted to present-day realities and to bring this work to a conclusion by December 2010;

9. 10. instructed their its Deputies to pursue the follow-up to the Interlaken Declaration and Action Plan in a swift and effective manner, through an open and constructive dialogue and engagement with all relevant stakeholders, to ensure that the agreed deadlines are met;

10. 11. welcomed the intention of the future Turkish chairmanship of the Committee of Ministers to organise in April 2011 a further High-level Conference on the future of the European Court of Human Rights to review the progress made in the follow-up to the Interlaken Declaration and, as appropriate, provide further guidance for its successful completion.

11. 2. welcomed the forthcoming entry into force of Protocol No. 14 to the European Convention on Human Rights on 1 June 2010 and the preparations made by the European Court of Human Rights for its implementation. and expressed their appreciation of the efforts deployed by member states to prepare the ground for this crucial step, including through the adoption and ratification of Protocol No. 14bis, as well as the Madrid Agreement;

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.



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