Humanitarian needs and rights of internally displaced persons in Europe
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.