COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Resolution Res(2004)3
    of the Committee of Ministers
    on judgments revealing an underlying systemic problem

    (adopted by the Committee of Ministers on 12 May 2004,
    at its 114th Session)

    The Committee of Ministers, in accordance with Article 15.b of the Statute of the Council of Europe,

    Considering that the aim of the Council of Europe is the achievement of greater unity among its members, and that one of the most important methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;

    Reiterating its conviction that the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”) must remain the essential reference point for the protection of human rights in Europe, and recalling its commitment to take measures in order to guarantee the long-term effectiveness of the control system instituted by the Convention;

    Recalling the subsidiary character of the supervision mechanism set up by the Convention, which implies, in accordance with its Article 1, that the rights and freedoms guaranteed by the Convention be protected in the first place at national level and applied by national authorities;

    Welcoming in this context that the Convention has now become an integral part of the domestic legal order of all states parties;

    Recalling that, according to Article 46 of the Convention, the high contracting parties undertake to abide by the final judgment of the European Court of Human Rights (hereinafter referred to as “the Court”) in any case to which they are parties and that the final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution;

    Emphasising the interest in helping the state concerned to identify the underlying problems and the necessary execution measures;

    Considering that the execution of judgments would be facilitated if the existence of a systemic problem is already identified in the judgment of the Court;

    Bearing in mind the Court's own submission on this matter to the Committee of Ministers session on 7 November 2002;

    Invites the Court:

    I. as far as possible, to identify, in its judgments finding a violation of the Convention, what it considers to be an underlying systemic problem and the source of this problem, in particular when it is likely to give rise to numerous applications, so as to assist states in finding the appropriate solution and the Committee of Ministers in supervising the execution of judgments;

    II. to specially notify any judgment containing indications of the existence of a systemic problem and of the source of this problem not only to the state concerned and to the Committee of Ministers, but also to the Parliamentary Assembly, to the Secretary General of the Council of Europe and to the Council of Europe Commissioner for Human Rights, and to highlight such judgments in an appropriate manner in the database of the Court.



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