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Home Articles posted by Philip Leach and Alice Donald

Russia Defies Strasbourg: Is Contagion Spreading?

Published on December 19, 2015        Author: 

These are undoubtedly troubled times for the European human rights system. We have written previously about the risks that the toxic anti-Strasbourg rhetoric from certain quarters in the UK (frequently, but not exclusively, focused on the question of prisoner voting rights) might have contagious consequences further afield. In his memorandum to the Joint Committee on the Draft Voting Eligibility (Prisoners) Bill in October 2013, Council of Europe Human Rights Commissioner Nils Muižnieks issued an ominous warning that continued non-compliance with the Hirst and Greens judgments:

‘…would have far-reaching deleterious consequences; it would send a strong signal to other member states, some of which would probably follow the UK’s lead and also claim that compliance with certain judgments is not possible, necessary or expedient. That would probably be the beginning of the end of the ECHR system’.

Ed Bates has recently linked the UK Government’s inaction with the failure to implement cases such as Ilgar Mammadov v Azerbaijan, which concerned the politically-motivated prosecution of an opposition politician, as a result of which the Committee of Ministers has called for his release: ‘It seems hard to resist the conclusion that the continued failure to implement Hirst…saps the Convention’s authority…’

Minister for Human Rights Dominic Raab was unrepentant, arguing that it was a ‘matter of democratic principle’ to maintain the ban on prisoner voting ‘for the foreseeable future’. The next examination of the case by the Committee of Ministers may now be up to a year away.

The uncertainty over the UK’s position vis-à-vis the European Convention on Human Rights (ECHR) will linger into the new year, because of the further delays in the publication of the government’s proposals for a ‘British bill of rights’ and its continuing equivocation. When asked recently (of all days, on human rights day…) whether the government would rule out introducing legislation that would ‘purport to relieve’ the UK from its obligation to comply with Strasbourg judgments – as proposed in the Conservative Party consultation document released by former Justice Secretary Chris Grayling – the Minister of State, Lord Faulks, replied: ‘While we want to remain part of the ECHR, we will not stay at any cost’.

David Cameron had also previously refused to rule out withdrawal. Read the rest of this entry…

 

Human Rights Implementation: Our Shared Responsibility

Published on March 22, 2015        Author: 

After excursions to Interlaken, Izmir and Brighton, Council of Europe states meet again this week, in Brussels, to discuss further reform of the Europe-wide human rights system. Taking their turn to chair the Committee of Ministers of the Council of Europe, the Belgian government has decided to focus attention on the implementation of judgments of the European Court of Human Rights.

Such an emphasis is very much to be welcomed, as it remains the obvious Achilles heel in the human rights system. In its report last year on the ‘Brighton Declaration and Beyond’, the Legal Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE) lauded the Court for its ‘extraordinary contribution’ to the protection of human rights in Europe. It went on, however, to deplore the way states respond to the Court’s judgments, noting that ‘the prevailing challenges facing the Court, most notably the high number of repetitive applications as well as persisting human rights violations of a particularly serious nature, reveal a failure by certain High Contracting Parties to discharge their obligations under the Convention’.

The statistics show the weight of the burden that this is creating. At the end of 2013, there were more than 11,000 unresolved cases pending before the Committee of Ministers (CM) (which has the role, under the Convention of supervising the implementation of the Court’s judgments). The latest CM annual report on the execution of judgments also acknowledges the increasing proportion of unresolved cases which concern systemic or structural issues – just under 1,500 such ‘leading’ cases were still outstanding in December 2013. These cases relate to endemic problems, such as poor prison conditions, violations arising from the restitution of property, the non-execution of domestic court judgments and the excessive length of proceedings, the excessive use of force by state security forces and systemic failings as regards the functioning of the judiciary.

Read the rest of this entry…