Implementation of Article 57 of the European Convention on Human Rights

Resolution 596 (1975)

Author(s):

Parliamentary Assembly

Origin

See Doc. 3618,Doc. 3618, report of the Legal Affairs Committee. Text adopted by the Standing Committee acting on behalf of the Assembly on 2 July 1975.

The Assembly,

1. Having considered the replies received from governments to the inquiry made in 1970 by the then Secretary General on the implementation of Article 5, paragraph 5, of the European Convention on Human Rights, [(1) Article 5, paragraph 5, of the European Convention for the Protection of Human Rights and Fundamental Freedoms reads as follows : 'Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.'] in accordance with Article 57 of the convention ; [(2) Article 57 reads as follows : 'On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this convention.']

2. Considering that the replies given by governments to this inquiry are on the whole interesting and satisfactory, and that they may contribute to the effective implementation of the convention in Council of Europe member states,

3. Notes with satisfaction the initiative taken in 1970 by the Secretary General ;

4. Welcomes the recent initiative taken by the present Secretary General by making an enquiry on the application of Articles 8, 9, 10 and 11 of the convention ;

5. Expresses the hope that the Secretary General will continue to make use of his powers under Article 57 of the convention.