122nd Session, 23 May 2012

Item 2

Securing the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights

Decisions

The Committee of Ministers

1. took note of the measures taken to date to implement the Interlaken and Izmir Declarations and invited all the parties concerned to comply with the deadlines set by these documents which have not yet expired;

2. welcomed the measures taken by the Court to increase its effectiveness and to deal with the clearly inadmissible applications pending before it, and encouraged the Court to make full use of the potential of Protocol No. 14, while observing that, notwithstanding the encouraging nature of the initial results obtained under Protocol No. 14, this instrument alone did not offer a sustainable and complete solution to the difficulties encountered by the Convention system;

3. endorsed the declaration unanimously adopted on the occasion of the High-level Conference on the Future of the European Court of Human Rights, which took place in Brighton on 19 and 20 April 2012, and paid homage to the United Kingdom authorities for this initiative;

4. expressed its determination to implement, as a priority, the Brighton Declaration and instructed its Deputies to manage this process;

5. asked its Deputies to follow up paragraphs 9f(i), 9g, 20j, 25b (where the procedures for the election of judges were concerned), 29b, 29c and 35b of the Brighton Declaration, if need be through their responsible Rapporteur Groups, and, where paragraphs 29b and 29c were concerned, in co-operation with the Steering Committee for Human Rights (CDDH);

6. instructed the CDDH to submit:

    a. by 15 April 2013:

      1. a draft protocol amending the European Convention on Human Rights on the questions dealt with in paragraphs 12b, 15a, 15c, 25d and 25f of the Brighton Declaration;

      2. a draft optional protocol to the European Convention on Human Rights relating to advisory opinions, following up paragraph 12d of the Brighton Declaration;

      3. its conclusions and possible proposals for action in response to paragraphs 12e and 20d of the Brighton Declaration;

    b. by 15 October 2013:

      1. a guide to good practice in respect of domestic remedies and a toolkit to inform public officials about the State’s obligations under the Convention, further to paragraph 9f (ii) and (iii) of the Brighton Declaration;

      2. its conclusions and possible proposals for action to follow up paragraphs 20c, 20e, 25b (where the re-examination of the functioning of the Advisory Panel of Experts on Candidates for Election as Judge to the Court was concerned) and 29d of the Brighton Declaration;

    c. by 15 March 2015:

      a report containing its opinions and possible proposals in response to paragraphs 35c to 35f of the Brighton Declaration;

7. invited member States to take the measures which the Brighton Declaration requires of them and to report to the Committee of Ministers by 15 March 2014;

8. invited the Secretary General to create a special account and to define its specific aim and methods in order to help the Court to deal with its backlog of cases;

9. invited the Court and the Secretary General to implement the part of the Brighton Declaration which concerns them directly and to co-operate when this is relevant and to inform the Committee of Ministers of the progress made in this respect by 15 October 2013;

10. instructed its Deputies to report to it at the next Session on the measures taken.



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