Humanitarian needs and rights of internally displaced persons in Europe

Recommendation 2126 (2018)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 25 April 2018 (15th Sitting) (see Doc. 14527, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Killion Munyama). Text adopted by the Assembly on 25 April 2018 (15th Sitting).

1. Recalling Committee of Ministers Recommendation Rec(2006)6 on internally displaced persons and the judgments of the European Court of Human Rights concerning the human rights of internally displaced persons (IDPs), the Parliamentary Assembly refers to its Resolution 2214 (2018) on the humanitarian needs and rights of internally displaced persons in Europe and recommends that the Committee of Ministers ensure that these judgments of the Court be executed as a matter of priority and urgency, using Article 46.4 of the European Convention on Human Rights (ETS No. 5) in cases where a respondent State refuses to execute a judgment.

2. The Assembly recommends that the Committee of Ministers step up its efforts and tangible actions to ensure that all respondent States abide by the decisions of the European Court of Human Rights regarding compensation awarded in respect of the denial of the enjoyment and ownership of IDPs’ property and other non-pecuniary losses.

3. Recalling Articles 7 and 8.2.b.xiii of the Rome Statute of the International Criminal Court, the Assembly recommends that the Committee of Ministers ask the Committee of Legal Advisers on Public International Law (CAHDI) to establish, in accordance with Article 12 of the United Nations Convention on Jurisdictional Immunities of States and Their Property and the general principles of international law, guidelines for the recognition and enforcement by domestic courts in other member States of judgments of the European Court of Human Rights awarding financial compensation to IDPs, if a respondent State refuses to execute such a judgment.