Urgent need to deal with new failures to co-operate with the European Court of Human Rights
Reply to Recommendation
| Doc. 13644
| 17 November 2014
- Author(s):
- Committee of Ministers
- Origin
- Adopted
at the 1211th meeting of the Ministers’ Deputies (12 November 2014). 2015 - First part-session
- Reply to Recommendation
- : Recommendation 2043
(2014)
1. The Committee of Ministers has carefully
examined Parliamentary Assembly Recommendation 2043 (2014) on the
“Urgent need to deal with new failures to co-operate with the European
Court of Human Rights”, which it has transmitted to the Steering
Committee for Human Rights (CDDH) for information and possible comments.
2. The Committee of Ministers recalls its Resolution CM/Res(2010)25
on member States’ duty to respect and protect the right of individual
application to the European Court of Human Rights (“the Court”),
which called upon the member States to “take prompt and effective
action with regard to any interim measures indicated by the Court
so as to ensure compliance with their obligations under the relevant
provisions of the Convention”.
3. In April 2013, the Committee of Ministers took note of a report
of the CDDH on interim measures under Rule 39 of the Rules of the
Court and generally supported its conclusions. It noted in particular
that a high number of interim measures are related to expulsions
to other Council of Europe member States, and reminded all member
States of their obligations under the Convention. On the same occasion,
the Committee recalled that the Court’s case law has clearly established
that Article 34 of the Convention entails an obligation for States
Parties to comply with an indication of interim measures made under
Rule 39 of the Rules of Court and that non-compliance may imply
a violation of Article 34 of the Convention. The Committee finally
invited the Court and member States to consider the various proposals
addressed to them in the CDDH report, and to inform the Committee
of Ministers of their response.
4. The Court’s response was considered by the Committee of Ministers
in May 2014. The Committee took note of the downward trend as regards
the number of interim measures requested and granted. It welcomed the
measures taken by the Court to increase the efficiency of its system
for the management and processing of these requests, in particular
the centralised procedure for the handling of requests and the priority
treatment given to them. It also welcomed the Court’s strengthened
dialogue with respondent governments on interim measures and encouraged
it to continue to pursue this dialogue, including, when time allows,
at the initial stage of examination of a request. Member States’
responses to the CDDH report are due at the end of this year.
5. The Committee of Ministers notes that certain of the failures
to respect indications of interim measures occurred after the adoption
of Committee of Ministers’ Resolution CM/Res(2010)25 and that some
involved action that is illegal under domestic law. The Committee
of Ministers and the member States must continue to search for adequate
responses to such incidents. To conclude, it emphasises the importance
of full implementation of the relevant measures contained in the
Committee of Ministers’ Guidelines on eradicating impunity for serious
human rights violations adopted in 2011, where appropriate on account
of the nature of the actions occurring at the domestic level.
Note
