Publication of the report of the European Commission of Human Rights on the Greek question

Recommendation 574 (1969)

Author(s):

Parliamentary Assembly

Origin

(see Doc. 2670, report of the Legal Affairs Committee). Text adopted by the Standing Committee acting on behalf of the Assembly, on 12 December 1969

The Assembly,

1. Having followed the development of the situation in Greece since the events of 21 April 1967 with deep anxiety ;

2. Reaffirming its belief that respect for human rights and fundamental freedoms is one of the essential obligations incumbent on member states of the Council of Europe ;

3. Recalling its efforts to have the Greek case brought before the European Commission of Human Rights with a view to an objective examination of the complaints made against the Greek Government, thereby enabling that government to demonstrate the necessity for the measures taken and to provide, in the course of quasi-judicial proceedings, whatever justification is available for its actions ;

4. Recalling Resolution (69) 18 of the Committee of Ministers expressing the hope that the Commission's report will be made available to it as soon as possible, as provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms ;

5. Calling attention to its legitimate interest in having the report of the Commission published at the earliest possible date and in learning the Commission's opinion on whether or not the facts found disclose a violation of the Convention ;

6. Considering that the importance assumed by the Greek question in the Council of Europe as a whole also calls for speedy publication of the report ;

7. Emphasising its unqualified intention not to influence in any way the quasi-judicial proceedings instituted before the European Commission of Human Rights and to avoid even any appearance of political pressure by not adopting this recommendation until after conclusion of the said proceedings ;

8. Acknowledging the prima facie duty of the Committee of Ministers under Article 32 of the Convention to await expiry of the period of three months from the date of transmission to it of the Commission's report, during which period the case may be referred to the European Court of Human Rights as provided in Articles 47 and 48 of the Convention ;

9. Seeing that, once the said period has elapsed, neither the Convention nor the Statute of the Council of Europe precludes the Committee of Ministers from publishing the report of the European Commission of Human Rights ;

10. Considering that the procedure before the Committee of Ministers prescribed in Article 32 of the Convention may be lengthy and that the Assembly cannot justifiably be prevented from being informed of the contents of the report before the end of the said procedure,

11. Recommends the Committee of Ministers to publish the report of the European Commission of Human Rights on the situation in Greece as soon as it has been seized of the case on its merits, that is at the latest on expiry of the period of three months provided for in Article 32 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.