Statutory report 2004

    4. Human Rights

    Human Rights - in general
    European Convention on Human Rights/European Court of Human Rights
    European Social Charter
    European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
    Framework Convention for the Protection of National Minorities
    Human Rights Commissioner
    Equality
    European Commission against Racism and Intolerance (ECRI)

    Human Rights - in general

    CDDH (Steering Committee for Human Rights)

    Group of Specialists on human rights and the fight against terrorism

    Reflection Group on the Reinforcement of the Human Rights Protection Mechanism

    Human Rights Prize

    Human Rights Co-operation and Awareness Activities

    Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH)

    At their 909th meeting on 15 December (item 4.1) the Deputies adopted the reply to Parliamentary Assembly Recommendation 1623 (2003) on the rights of national minorities.

    At their 896th meeting on 22 September (item 4.2) the Deputies adopted the reply to Parliamentary Assembly Recommendation 1654 (2004) on nationality rights and equal opportunities.

    At their 894th meeting on 9 September (item 13.1), the Deputies approved the following text to be submitted to the appropriate authorities in the context of the amicus curiae brief to be submitted by the European Union to the Supreme Court of the United States of America in respect of the case of Medellin:

    Memorandum by the Council of Europe

    The Council of Europe, an international organisation composed of 45 European states committed to the rule of law and respect for human rights, associates itself with the amicus curiae brief submitted by the European Union in support of Mr Jose Medellin's petition for certiorari.

    It is of the opinion that the right of detained foreign nationals to be informed, without delay, of the right to consular access, as set out in Article 36 of the Vienna Convention on Consular Relations, is an individual right and one which is also protected under customary international law. If a foreign national is convicted without being informed of this right, that individual must be allowed to apply to a court to challenge the conviction and the sentence, in reliance on Article 36, paragraph 1. Courts must conduct such a review even if their procedural rules would otherwise preclude review.

    Furthermore, it is of the opinion that respect for judgments of the International Court of Justice by States that are party to litigation is a basic requirement of the rule of law at the international level, as expressed in Article 94 of the United Nations Charter.”

    At their 888th meeting on 16 June (item 4.5) the Deputies adopted the reply to Parliamentary Assembly Recommendation 1615 (2003) on the institution of ombudsman.

    At their 886th meeting on 26 May (item 4.2) the Deputies took note with satisfaction of the ratification of Protocol No. 6 to the European Convention on Human Rights by Armenia and Turkey on 12 November 2003 as well as by Serbia and Montenegro on 3 March 2004. They called on the Russian Federation, as the only member state which has not yet abolished the death penalty or ratified Protocol No. 6 to the Convention, to take all necessary steps rapidly with a view to abolition of the death penalty and to ratification of Protocol No. 6, and encouraged states which have not yet signed or ratified Protocol No. 13 to do so rapidly.

    At their 883rd meeting on 5 May (item 13.1) the Deputies approved the following text of a declaration to be submitted to the appropriate authorities in support of the European Union's “amicus curiae brief” Statement of Interest, in a case before the United States Supreme Court concerning the application of the death penalty against persons who were minors at the time of the offence, to be submitted by the European Union to the Supreme Court of the United States of America in respect of the case of Roper against Simmons:

    Memorandum by the Council of Europe

    The Council of Europe, an international organisation composed of 45 European states, fully concurs with the opinions and arguments submitted by the European Union. The Council of Europe has taken the firm position that everyone's right to life is a basic value and that the abolition of the death penalty is essential to the protection of this right and for the full recognition of the inherent dignity of all human beings. It is of the opinion that there exists an international consensus against the execution of persons who were below 18 years of age at the time of the offence.”

    At their 881bis meeting on 21 April (item 4.3) the Deputies adopted the reply to Parliamentary Assembly Recommendation 1627 (2003) on the abolition of the death penalty in Council of Europe Observer states.

    At their 869th meeting on 21 January (item 4.1) the Deputies took note of the exchange of letters between the Secretary General and the Minister for Foreign Affairs of the Russian Federation on co-operation activities in 2004 between the Council of Europe and the Russian Federation in the Chechen Republic.

    At the same meeting (item 4.3) the Deputies adopted the reply to Parliamentary Assembly Recommendation 1610 (2003) on migration connected with trafficking in women and prostitution. They went on to adopt (item 4.4) the reply to Parliamentary Assembly Recommendation 1606 (2003) on areas where the European Convention on Human Rights cannot be implemented, and Recommendation 1614 (2003) on environment and human rights (item 4.5).

    CDDH
    (Steering Committee for Human Rights)

    At their 909th meeting on 15 December (item 4.3) the Deputies invited their Rapporteur Group on Human Rights (GR-H) to examine the draft Guidelines on the Protection of Victims of Terrorist Acts and to report back.At their 893rd meeting on 13 July (item 4.2) the Deputies took note of the abridged report of the 58th meeting of the Steering Committee for Human Rights (CDDH) held in Strasbourg on 15-18 June 2004.

    At their 869th meeting on 21 January (item 4.7) The Deputies took note of the abridged report of the 56th meeting of the CDDH. They also took note of the Final Activity Report on “Protection of Human Rights during armed conflicts, internal disturbances and tensions”, and took note, within this framework, of the suggestion made in this Final Report concerning the action of the Commissioner for Human Rights. They invited the GR-H to consider, at one of its next meetings, the issue of the means needed and to consult the Commissioner in this context.

    In the context of the report of the CDDH, the Deputies also adopted the Declaration on the Protection of Human Rights during Armed Conflicts, Internal Disturbances and Tensions.

    They also took note of the three opinions of the CDDH on Parliamentary Assembly Recommendations 1606 (2003) “Areas where the European Convention on Human Rights cannot be implemented”, 1614 (2003) “Environment and human rights”, and 1615 (2003) “The institution of ombudsman”.

    At the same meeting (item 4.5) the Deputies adopted Decision No. CM/860/21012004, giving ad hoc terms of reference to the CDDH.

    Group of Specialists on human rights and the fight against terrorism

    Reflection Group on the Reinforcement of the Human Rights Protection Mechanism

    Human Rights Prize

    Human Rights Co-operation and Awareness Activities

    Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH)

    Revised draft Convention on action against trafficking in human beings – Progress report and forthcoming deadlines – Report by the Rapporteur on Equality between Women and Men

    At their 909th meeting on 15 December (item 4.4) the Deputies took note of the abridged report of the 7th meeting of CAHTEH. Bearing in mind the decisions adopted at their 905th meeting (1-2 December 2004), item 4.1), they noted that the Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH) had approved the draft Council of Europe Convention on action against trafficking in human beings, that the text of the draft submitted to them by the CAHTEH would be transmitted as soon as possible by their Chair to the Parliamentary Assembly for opinion, and that the 8th meeting of CAHTEH – to be devoted to considering the opinion of the Parliamentary Assembly and, if necessary, to adapting the draft Convention – would be held from 22 to 25 February 2005.

    At their 905th meeting on 1 December (item 4.1) the Deputies took note of the report by the Rapporteur on Equality between Women and Men on the meeting held on 22 November 2004. They invited their Chairman to transmit to the Parliamentary Assembly the text of the draft Convention against trafficking in human beings, as soon as it is finalised by the Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH), to allow the Assembly to consider it at the First Part of the 2005 Session (24-28 January 2005). They also decided to extend the terms of reference of the CAHTEH to 30 April 2005, to allow this Committee to consider the opinion of the Parliamentary Assembly and, if necessary, to adapt the draft Convention accordingly.

    At their 904th meeting on 17 November (item 4.1) the Deputies took note of the abridged report of the 6th meeting of the Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH), as it appears in document CM(2004)183.

    At their 895th meeting on 15 September (item 4.1) the Deputies took note of the abridged report of the 5th meeting of the Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH) held in Strasbourg on 29 June-2 July 2004.

    At their 893rd meeting on 13 July (item 4.1) the Deputies took note of the abridged report of the 4th meeting of the CAHTEH held in Strasbourg on 11-14 May 2004.

    At their 887the meeting on 2 June (item 4.1) the Deputies expressed their agreement to communicating, as soon as possible, the draft Convention on Action against Trafficking in Human Beings, with the exception of the preamble thereto, which had not yet been examined by the CAHTEH, to the non-governmental organisations involved in the subject, for the purposes of consulting them.

    At their 881st meeting on 14 April (item 4.2) the Deputies took note of the abridged report of the CAHTEH's 3rd meeting, and adopted the revised specific terms of reference of the CAHTEH, in order to grant the United Nations High Commissioner for Refugees (UNHCR) observer status with the CAHTEH.

    At their 873rd meeting on 17 and 18 February (item 4.2) the Deputies took note of the abridged report of the 2nd meeting of the CAHTEH held in Strasbourg on 8-10 December 2003.

    European Convention on Human Rights/European Court of Human Rights

    Convention
    Court
    Election of Judges
    Supervising the execution of judgments of the European Court of Human Rights
    Other activities relating to the control of execution of the judgements of the Court
    Former Article 32 of the Convention

    Convention

    At their 899th meeting on 13 October (item 4.2) the Deputies took note of the state of signature and ratification of Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control system of the Convention (CETS No. 194), and encouraged those states that had not yet done so, to sign and ratify the Protocol on the occasion of the Treaty event to be organised on 10 November 2004

    Court

    At their 904th meeting on 17 November (item 4.6) the Deputies took note of the conclusions of the High-Level Seminar on Reform of the European Human Rights System, held on 18 October 2004 in Oslo, Norway. They decided to transmit the conclusions to the Steering Committee on Human Rights (CDDH) with a request to take them into account in its future work, and to the Parliamentary Assembly.

    At their 898th meeting on 30 September (item 13.1) the Deputies adopted the reply to Written Question No. 445 by Mr Wilkinson: “Implementation of a judgment of the European Court of Human Rights concerning the United Kingdom”.

    At their 890th meeting on 30 June (item 4.1) the Deputies took note of the Decision pronounced on 2 June 2004 on the competence of the Court to give an Advisory Opinion on Parliamentary Assembly Recommendation 1519 (2001). They invited the Chair to convey the text of the decision to the President of the Parliamentary Assembly for information. 

    Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Reform of the European Convention on Human Rights - Declaration of the Committee of Ministers "Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels"

    At their 886th meeting on 26 May (item 4.3) the Deputies agreed that, at their (DH) meetings, delegations would regularly be asked in turn to give details of the state of signatures and ratifications of Protocol No. 14 to the European Convention on Human Rights, with a view to its entry into force by May 2006 at the latest. They agreed to continue their discussion of specific, effective measures to improve and accelerate execution of the Court's judgments, notably those revealing an underlying systemic problem, taking into account proposals that the CDDH might make in the framework of the appended terms of reference.

    The Deputies went on to adopt Decision No. CM/864/03062004 conferring on the Steering Committee for Human Rights (CDDH) ad hoc terms of reference to consider whether it is necessary to revise the rules adopted by the Committee of Ministers for applying Article 46, paragraph 2, of the Convention so as to reflect the changes made by Protocol No. 14, and, submit its opinion and possible corresponding proposals to the Committee of Ministers. They invited the GR-H to hold regular exchanges of views on the basis of progress reports submitted by the CDDH, so as to enable the Deputies to undertake a review on an effective, transparent basis of implementation of the recommendations mentioned in the Declaration, and invited the Secretary General periodically to inform the Committee of Ministers of existing good practice as regards the implementation of the recommendations adopted at the 114th Session. They also took note of the preliminary information on the resources needed for the rapid, efficient implementation of the Protocol and agreed to examine them further at one of their forthcoming meetings.

    The Deputies noted that a publication gathering together all the instruments referred to in the Declaration would be available shortly in the two official languages and encouraged governments to distribute these texts, including in their national language(s), agreeing to transmit these texts to the Parliamentary Assembly, the Council of Europe Commissioner for Human Rights, national institutions for the promotion and protection of human rights and the relevant non-governmental organisations, encouraging them to facilitate their dissemination and implementation as far as possible, within their respective fields of competence.

    Finally, the Deputies invited the Chair of the Liaison Committee with the European Court of Human Rights (CL-CEDH) to undertake the necessary consultations to facilitate the implementation of the reform of the Court provided in Protocol No. 14.

    At their 867th meeting on 8 January (item 4.1b) the Deputies took note of the Interim Activity Report: “Guaranteeing the long-term effectiveness of the European Court of Human Rights - Implementation of the Declaration adopted by the Committee of Ministers at its 112th Session (14-15 May 2003) and took note that their Chairperson had transmitted the report to the Parliamentary Assembly and the Court requesting their opinions. They welcomed, within the context of the work concerning the reform of the control mechanism established under the European Convention on Human Rights, the holding of the Symposium on the reform of the European Court of Human Rights at the initiative the Finnish authorities on 17 November 2003. They invited the Chairman of the CL-CEDH to follow the experts' work closely with a view to drawing the Deputies' attention in good time to issues which may require specific measures, with the aim of implementing the terms of the Ministerial Declaration and in the light of comments made at the present meeting.

    (http://www.echr.coe.int)

    Election of Judges

    At their 905th meeting on 1 December (item 4.2) the Deputies took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Latvia, and agreed to transmit it to the President of the Parliamentary Assembly.

    At their 904th meeting on 17 November (item 4.4) the Deputies took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Serbia and Montenegro, and agreed to transmit it to the President of the Parliamentary Assembly.

    At their 895th meeting on 15 September (item 4.3), the Deputies took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of the Slovak Republic, and agreed to transmit the said list of candidates to the President of the Parliamentary Assembly.

    At their 888th meeting on 16 June (item 4.4) the Deputies invited the GR-AB to continue its consideration of the review of Resolution(97)9 on the status and the conditions of service of the judges of the European Court of Human Rights and report back at a forthcoming meeting.

    At their 886th meeting on 26 May (item 4.4) the Deputies took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Portugal and agreed to transmit the said list of candidates to the President of the Parliamentary Assembly.

    At their 884th meeting on 19 May (item 4.2) the Deputies took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Luxembourg and agreed to transmit the said list of candidates to the President of the Parliamentary Assembly.

    At their 883rd meeting on 5 May (item 4.2) the Deputies invited their Rapporteur Group on Administrative and Budgetary Questions (GR-AB) to continue examination of the question of the review of Resolution (97)9 on the status and the conditions of service of the judges of the European Court of Human Rights - Proposal of the Secretary General - and report back in June 2004.

    At their 873rd meeting on 17 and 18 February (item 4.6) the Deputies took note of the lists of candidates for the election of judges of the European Court of Human Rights in the framework of the second partial renewal of judges presented in respect of Croatia, Estonia, Finland, France, Germany, Greece, the Netherlands, Norway, Poland, Russian Federation, Sweden, United Kingdom, and agreed to transmit the said lists of candidates to the President of the Parliamentary Assembly.

    At their 869th meeting on 21 January (item 4.6) the Deputies took note of the information provided by the Court and by the Secretary General pertaining to the revision of Resolution (97) 9 on the status and conditions of service of judges. They invited the Secretary General to submit by the end of February 2004, at the latest, a comparative table showing the emoluments of judges in the leading international courts, and before the end of March 2004, proposals concerning the revision of Resolution (97) 9 including, with regard to pension provision, alternative scenarios making it possible to examine the budgetary implications.

    Supervising the execution of judgments of the European Court of Human Rights

    The full texts of these resolutions are available on the following internet sites:
    http://www.echr.coe.int/Hudoc.htm

    https://wcm.coe.int/ViewDoc.jsp?id=35403&Lang=en

    As a general rule, following the adoption of the new Rules for the application of Article 46, § 2, of the Convention (notably Rule 5), information concerning the state of progress of the adoption of the execution measures required is since June 2001 rendered public in the document called “annotated agenda and order of business” which is published some ten days after each “Human Rights” meeting and made available on the committee of Ministers' website.

    At their 900th meeting on 20 October (item H46-2 - Slivenko and others against Latvia, judgment of 09/10/2003 - Grand Chamber), the Deputies, having been informed of the reopening of the domestic judicial proceedings at issue, decided to resume consideration of the progress achieved as far as individual measures are concerned at the latest within a period of six months.

    At their 896th meeting on 22 September (item H-46-1) the Deputies decided to resume their examination of the case of Ilaşcu and others against Moldova and Russia (Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11), in all its aspects, at their 897th meeting (DH) (28-29 September 2004), including with regard to the deprivation of liberty of the applicants, with a view to ensuring their release as ordered by the Court in its judgment.

    At their 895th meeting on 15 September (item H46-1), the Deputies decided to resume consideration of the question of the deprivation of liberty of the applicants in the case of Ilaşcu and others against Moldova and Russia at their 896th meeting (22 September 2004) with a view to ensuring their release as ordered by the Court in its judgment, and to resume consideration of the other aspects of this case at their 897th meeting (28 29 September 2004) (DH).

    At their 894th meeting on 9 September (item H46-1), the Deputies decided to resume consideration of the question of the deprivation of liberty of the applicants posed by the case of Ilaşcu and others against Moldova and Russia (Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11) at their 895th meeting on 15 September 2004 with a view to ensuring their release as ordered by the Court in its judgment, and decided to resume consideration of the other aspects of this case at their 897th (DH) meeting on 28 29 September 2004).


    Other activities relating to the control of execution of the judgements of the Court

    Former Article 32 of the Convention

    European Social Charter

    Activities of the supervisory bodies
    ECSR (European Committee of Social Rights)
    T-SG (Governmental Committee of the European Social Charter)
    Examination of national reports
    Collective complaints

    Activities of the supervisory bodies

    At their 908th meeting on 7 December (item 4.1) the Deputies held a “tour de table” on the signature and ratification of the European Social Charter, of its Protocols and of the Revised European Social Charter. They took note of the information provided by the delegations which was circulated in a separate document.

    At their 900th meeting on 20 October (item 4.1) the Deputies, having voted in accordance with Article 25 of the European Social Charter, declared the following candidates elected as members of the European Committee of Social Rights (ECSR), with effect from 1 January 2005, for a term of office which will expire on 31 December 2010:

    - Ms Beatrix KARL (Austria);

    - Mr Gerard QUINN (Ireland);

    - Mrs Lenia SAMUEL (Cyprus);

    - Mr Lauri LEPPIK (Estonia);

    - Mrs Polonca KONČAR (Slovenia).

    They adopted accordingly Resolution ResChS(2004)5.

    At their 878th meeting on 31 March (item 4.3), the Deputies, in conformity with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 492nd meeting of the Ministers Deputies (April 1993, item 15), adopted Resolution ResChS(2004)4 on the application of the European Social Charter during the period 1999-2000 (16th supervision cycle - first part).

    At their 876th meeting on 17 March (item 4.1) the Deputies, in their composition restricted to States parties to the European Social Charter or the revised European Charter, on the basis of the abridged report of the Governmental Committee of the European Social Charter concerning Conclusions XVI-2 (CM(2004)33) and the abridged report of the Governmental Committee concerning Conclusions 2003 (Revised European Social Charter) (CM(2004)34), adopted Resolution ResChS(2004)2 on the application of the European Social Charter during the period 1997-2000 (16th supervision cycle – second part), and Resolution ResChS(2004)3 on the implementation of the Revised European Social Charter during the period 1999-2000 (Conclusions 2003). 

    ECSR (European Committee of Social Rights)

    At their 881st meeting on 14 April (item 4.3) the Deputies adopted the following procedure for filling the three seats on the European Committee of Social Rights falling vacant on 31 December 2004, and for the two new seats created, all for terms beginning on 1 January 2005 and ending on 31 December 2010:

    a. each Contracting Party to the European Social Charter or Revised European Social Charter may submit to the Secretary General of the Council of Europe, by 31 August 2004 at the latest, the name of a candidate it deems suitable for the vacant seats, bearing in mind that these seats concern Groups I (one seat), III (one seat), IV (one seat) and V (two seats), and having regard to Article 25 of the Charter as it appears in Article 3 of the Protocol amending the European Social Charter and to the agreed rules concerning nationality, and taking into account Recommendation No. R(81)6 of the Committee of Ministers adopted on 30 April 1981;

    b. the Secretary General will then forward the list of nominations to the Committee of Ministers, which will hold an election by secret ballot at the Deputies' … meeting on … October 2004;

    c. the candidate(s) obtaining an absolute majority of the votes cast and the highest number of votes will be declared elected;

    d. if one or all the seats remain unfilled after the first ballot, there will be a second round of voting in which the candidate(s) obtaining the highest number of votes will be declared elected;

    They agreed, for the purposes of this election, to allocate the 45 member states as follows:

    Group I (three seats) (one seat vacant)

    Armenia, Austria, Czech Republic, Germany, Hungary, Liechtenstein, Slovakia and Switzerland.

    Group II (three seats) (no seat vacant)

    Azerbaijan, Belgium, Bulgaria, France, Luxembourg, Moldova, Netherlands, Romania and Turkey.

    Group III (three seats) (one seat vacant)

    Denmark, Finland, Iceland, Ireland, Norway, Sweden and United Kingdom

    Group IV (three seats) (one seat vacant)

    Albania, Andorra, Cyprus, Georgia, Greece, Italy, Malta, Portugal, San Marino and Spain.

    Group V (three seats) (two seats vacant)

    Bosnia and Herzegovina, Croatia, Estonia, “the former Yugoslav Republic of Macedonia”, Latvia, Lithuania, Poland, Russian Federation, Serbia and Montenegro, Ukraine, Slovenia. 

    T-SG (Governmental Committee of the European Social Charter)

    Examination of national reports

    At their 878th meeting on 31 March (item 4.3) the Deputies, in accordance with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 492nd meeting of the Ministers' Deputies (April 1993, item 15), and in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or the Revised Charter in the Committee of Ministers on the basis of the addendum to the abridged report of the Governmental Committee of the European Social Charter concerning Conclusions XVI-1 (CM(2004)32), adopted Resolution ResChS(2004)4 on the application of the European Social Charter during the period 1999-2000 (16th supervision cycle - first part).

    Collective complaints

    At their 904th meeting on 17 November (item 4.2) the Deputies, in conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints and in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the revised European Social Charter in the Committee of Ministers, adopted Resolution ResChS(2004)6 concerning Collective Complaint No. 23/2003, Syndicat occitan de l'éducation against France.

    At their 875th meeting on 10 March (item 4.2) the Deputies, in conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, and in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the Revised European Social Charter in the Committee of Ministers, adopted Resolution ResChS(2004)1 Collective Complaint No. 13/2002 by Autisme-Europe against France.

    European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

    For visits, publications and other activities of the CPT please consult the website: http://www.cpt.coe.int/en/whatsnew.htm or the CPT database: http://hudoc.cpt.coe.int

    At their 902nd meeting on 3 November (item 4.2) the Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decision taken at their 784th meeting concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention, declared Mr Péter HAUKSSON re-elected as member of the CPT in respect of Iceland, with effect from 3 November 2004 for a term of office which will expire on 19 December 2007, and declared Mr Mauro PALMA re-elected as member of the CPT in respect of Italy, with effect from 20 December 2004 for a term of office which will expire on 19 December 2007. They accordingly adopted Resolution ResCPT(2004)5.

    At their 899th meeting on 13 October (item 4.1b) the Deputies took note of the 14th General Report on the activities of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for the period 1 August 2003 to 31 July 2004.

    At their 888th meeting on 16 June (item 4.2) the Deputies, having regard to the two groups "A" and "B" established at their 784th meeting for the purposes of election of members of the CPT, decided to include Armenia in group “B”, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decision taken at their 784th meeting concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention, as well as the above-mentioned decision taken at the present meeting, declared Mrs Asya KHACHATRYAN elected as member of the CPT in respect of Armenia, with effect from 16 June 2004, for a term of office which will expire on 19 December 2007: they adopted accordingly Resolution ResCPT(2004)4.

    At their 878th meeting on 31 March (item 4.2) the Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decision taken at their 784th meeting concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention, declared Mr Joan-Miquel Rascagneres Llagostera elected as member of the CPT in respect of Andorra, with effect from 31 March 2004 for a term of office which will expire on 19 December 2007, and Mr Mario Felice re-elected as member of the CPT in respect of Malta, with effect from 26 April 2004 for a term of office which will expire on 19 December 2007. They adopted accordingly Resolution ResCPT(2004)3.

    At their 878th meeting on 31 March (item 4.2) the Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, elected Mr Joan-Miquel Rascagneres Llagostera, Andorra, and Mr Mario Felice, Malta, members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), with effect from 31 March 2004 and for terms of office which will expire on 19 December 2007. They adopted accordingly Resolution ResCPT(2004)3.  

    At their 874th meeting on 3 March (item 4.1) the Deputies, having regard to the two groups “A” and “B” established at their 784th meeting for the purposes of elections of members of the CPT, decided to include Azerbaijan in group “ B”. Having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Deputies elected Mr Latif Huseynov as member of the CPT in respect of Azerbaijan, Mr Stanislav Valko in respect of the Slovak Republic and Mr Vladimir Ortakov in respect of “the former Yugoslav Republic of Macedonia”, with effect from 3 March 2004, for terms of office which will expire on 19 December 2007. They adopted accordingly Resolution ResCPT(2004)2.  

    At their 873rd meeting on 17 and 18 February (item 4.5) the Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decision taken at their 784th meeting concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention, declared Mr Marc Nève in respect of Belgium re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), with effect from 18 February 2004 for a term of office which will expire on 19 December 2007. They adopted accordingly Resolution ResCPT(2004)1.  

    Framework Convention for the Protection of National Minorities

    At their 904th meeting on 17 November (item 4.3) the Deputies adopted Resolution ResCMN(2004)12 on the implementation of the Framework Convention for the Protection of National Minorities by Serbia and Montenegro.

    At their 902nd meeting on 3 November (item 4.3) the Deputies adopted the specific terms of reference of the Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN), and agreed to re-examine the extension of the terms of reference of the DH-MIN beyond 31 December 2006 in the light of the budgetary means available.

    At their 898th meeting on 30 September (item 4.1b) the Deputies took note of the fourth activity report of the Advisory Committee on the Framework Convention for the Protection of National Minorities, covering the period from 1 June 2002 - 31 May 2004. They went on (item 4.1c) to adopt Resolutions ResCMN(2004)10 and ResCMN(2004)11 on the implementation of the Framework Convention for the Protection of National Minorities by Poland and Spain respectively.

    At their 896th meeting on 22 September (item 4.1), having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared elected to the list of experts eligible to serve on the Advisory Committee of the Framework Convention for the Protection of National Minorities: Ms Eva Smith in respect of Denmark; Mr Rainer Hofmann in respect of Germany; Mr Gáspár Bíró in respect of Hungary; and Mr Ferenc Hajós in respect of Slovenia. They consequently adopted Resolution ResCMN(2004)9.

    At their 893rd meeting on 13 July (item 4.3) the Deputies adopted Resolution ResCMN(2004)8 on the implementation of the Framework Convention for the Protection of National Minorities by Azerbaijan.

    At their 888th meeting on 16 June (item 4.1) the Deputies, having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared Mr Tonio Ellul elected to the list of experts eligible to serve on the Advisory Committee of the Framework Convention for the Protection of National Minorities in respect of Malta: they consequently adopted Resolution ResCMN(2004)7.

    At their 883rd meeting on 5 May (item 4.1) the Deputies adopted Resolution ResCMN(2004)6 on the implementation of the Framework Convention for the Protection of National Minorities by Ireland, as it appears at Appendix 2 to the present volume of Decisions.

    At their 881bis meeting on 21 April (item 4.4), the Deputies, having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared elected to the list of experts eligible to serve on the Advisory Committee of the Framework Convention for the Protection of National Minorities Ms Maria Regina Neves Xavier Amorim Tavares da Silva, in respect of Portugal. They consequently adopted Resolution ResCMN(2004)4.

    At the same meeting (item 4.5) the Deputies, having proceeded in accordance with Rules 15 and 16 of Resolution(97)10, appointed as ordinary members of the Advisory Committee of the Framework Convention for the Protection of National Minorities for a four-year term commencing on 1 June 2004 and expiring on 31 May 2008, the nine members named below, 3 of which by drawing lot on the Deputies' behalf and in their presence by the Chairman:

    - Mr SINANI, Gjergj in respect of Albania;

    - Mr KOCHARYAN, Vigen in respect of Armenia;

    - Ms YOLCHUYEVA, Arzu in respect of Azerbaijan;

    - Mr GARVALOV, Ivan in respect of Bulgaria;

    - Ms DOMINI, Mirjana in respect of Croatia;

    - Ms LAURISTIN, Marju in respect of Estonia;

    - Mr JANSSON, Gunnar in respect of Finland;

    - Ms NEVES XAVIER AMORIM TAVARES DA SILVA, Maria Regina in respect of Portugal;

    - Mr TCHERNITCHENKO, Stanislav, in respect of Russian Federation.

    The Deputies consequently adopted Resolution ResCMN(2004)5.

    At their 881st meeting on 14 April (item 4.4a) the Deputies, having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared Mr Dalibor Jílek in respect of the Czech Republic elected to the list of experts eligible to serve on the Advisory Committee of the Framework Convention for the Protection of national Minorities, and consequently adopted Resolution ResCMN(2004)3.

    At their 873rd meeting on 17 and 18 February (item 4.3) the Deputies elected Mr Joseph Marko to the list of experts eligible to serve on the Advisory Committee of the Framework Convention for the Protection of National Minorities in respect of Austria, and adopted Resolution ResCMN(2004)2.

    At their 870th meeting on 4 February (item 4.1) the Deputies adopted Resolution ResCMN(2004)1 on the implementation of the Framework Convention for the Protection of National Minorities by Austria.

    Human Rights Commissioner

    At their 909th meeting on 15 December (item 4.2) the Deputies took note of the 4th Annual Activity Report of the Council of Europe Commissioner for Human Rights. They further took note of the Commissioner's Opinion on Parliamentary Assembly Recommendation 1640 (2004) concerning his 3rd Annual Activity Report (1 January – 31 December 2002), and invited their Rapporteur Group on Human Rights (GR-H) to prepare a draft reply to the Recommendation in the light of elements to be prepared by the Secretariat on the basis of the Commissioner's Opinion together with the comments made in the present debate.

    At their 892nd meeting on 8 July (item 4.1) the Deputies took note of the information provided by the Council of Europe Commissioner for Human Rights on his visits to Luxembourg (2-3 February 2004), Denmark (13-16 April 2004) and Sweden (21-23 April 2004), on the understanding that he would inform them in due time of the follow-up given to his recommendations.

    At their 873rd meeting on 17 and 18 February (item 4.8) the Deputies took note of the reports by the Commissioner for Human Rights on his visits to Cyprus, Estonia, Latvia, Lithuania and Malta in June, October and November 2003. They encouraged all member states to pursue their constructive dialogue with the Commissioner concerning the recommendations formulated in his reports and noted that the Commissioner may revert to any matter, as he sees fit, arising out of the follow-up to his reports. The Deputies noted that the Secretary General would be examining, in consultation with the Commissioner, ways and means of ensuring a better adaptation of resources to his tasks.

    Equality

    (http://www.coe.int/t/e/Human_Rights/Equality/)

    At their 895th meeting on 15 September (item 4.2), the Deputies took note of the abridged report of the 30th meeting of the Steering Committee on Equality between Women and Men (CDEG) held in Strasbourg on 16-18 June 2004. They noted that the CDEG, following the decision taken at their 878th meeting (31 March 2004, item 4.4), had decided that the most appropriate French terminology for “gender budgeting” was "l'intégration d'une perspective de genre dans le processus budgétaire". They also took note of the comments of the CDEG on Parliamentary Assembly Recommendation 1654 (2004) on nationality rights and equal opportunities and of those of the CDEG's Bureau on Recommendation 1646 (2004) of the Parliamentary Assembly on improving the prospects of developing countries: a moral imperative for the world, agreeing to bear them in mind when drawing up draft replies to these Recommendations.

    At their 878th meeting on 31 March (item 4.4a and b) the Deputies took note of the report by the Rapporteur on Equality between Women and Men (RAP-EG) and of the conclusions of the Rapporteur Group on Administrative and Budgetary Questions (GR-AB) on this matter. They approved the specific Terms of Reference for a Group of Specialists on Gender Budgeting (EG-S-GB). Within the perspective of the work of this Group, the Deputies instructed the Steering Committee for Equality between Women and Men (CDEG) to consider the issue of the most appropriate French terminology to be used for the concept of “gender budgeting”.


    European Commission against Racism and Intolerance (ECRI)

    At their 904th meeting on 17 November (item 4.5) the Deputies took note of the name and curriculum vitae of the person designated by Malta as member of ECRI for a term of office of five years, starting on 17 November 2004.

    At their 894th meeting on 9 September (item 4.1), the Deputies took note of the abridged report of ECRI's 34th meeting, and authorised the publication of its General Policy Recommendation No. 9 on the fight against anti-Semitism.

    At their 888th meeting on 16 June (item 4.3) the Deputies took note of the name and curriculum vitae of the person designated by Ukraine as member of ECRI for a term of office of five years, starting on 16 June 2004, as they appear in document DGII(2004)12 as a whole, and of the name and curriculum vitae of the person designated by San Marino as deputy member of ECRI for a term of office of five years, starting on 16 June 2004.

    At their 887th meeting on 2 June (item 4.2) the Deputies took note of the additional comments submitted by the Greek Delegation concerning the follow-up to the decisions taken by the Committee of Ministers with respect to the European Commission against Racism and Intolerance (ECRI).

    At their 886th meeting on 26 May (item 4.1b) the Deputies took note of the Annual report on ECRI's activities covering the period from 1st January to 31 December 2003. They also took note (item 4.1c) of the abridged report of the 33rd plenary meeting (Strasbourg, 16-17 March 2004) and transmitted ECRI's country-by-country reports on the Czech Republic, Germany, Greece and Hungary to the governments in question. They authorised the publication of ECRI's General Policy Recommendation No. 8 on combating racism while fighting terrorism.At their 884th meeting on 19 May (item 4.1) the Deputies took note of the name and curriculum vitae of the person designated by Liechtenstein as member of ECRI for a term of office of five years, starting on 19 May 2004, as they appear in document DGII(2004)9.

    At their 881bis meeting on 21 April (item 4.1) the Deputies took note of the name and curriculum vitae of the person designated by France as member of the European Commission against Racism and Intolerance (ECRI) for a term of office of five years, starting on 21 April 2004.

    At their 869th meeting on 21 January (item 4.2) the Deputies took note of the abridged report of ECRI's 32nd meeting in Strasbourg on 2-5 December 2003. The Deputies transmitted ECRI's country-by-country reports on Belgium, Bulgaria, Norway, Slovakia and Switzerland to the governments in question.



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