The implementation of judgments of the European Court of Human Rights

Foreword

The report by Mr Pierre-Yves Le Borgn’ is part of the work done by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe concerning the implementation of judgments of the European Court of Human Rights ( the Court). It follows the approach taken in the eighth report on the subject by Mr Klaas de Vries (2015), which focused on the Council of Europe member states with the highest number of non-implemented judgments and on certain structural problems. The ninth report adds a new element compared to the Assembly’s previous work, namely detailed analysis of judgments, some of which are relatively recent, where implementation is meeting with a degree of political resistance.

The drafting of the report was a lengthy process. Many Court judgments and statistics and many documents of the Committee of Ministers of the Council of Europe (CM) were consulted. The CM’s annual reports on the supervision of the execution of judgments and decisions of the Court, including that for 2016, served as the point of reference for the rapporteur in terms of both the statistics concerning the state of execution of judgments (by country and topic) and the implementing measures taken by states. As the data in the CM’s annual report for 2016 refer to the situation as of 31 December 2016, the rapporteur also drew on the data available on the website of the Department for the Execution of Judgments of the Court (www.coe.int/en/web/execution) in order to present the current state of the cases pending before the CM. In the case of judgments which have already been implemented in full, he referred to the CM’s final resolutions, in which the CM found that all the implementing measures (individual and/or general) had been taken by the respondent states and therefore decided to close the examination of the cases. As regards the judgments still being examined by the CM, the rapporteur studied the decisions adopted by the CM at the Ministers’Deputies’ human rights (DH) meetings. In addition, he referred to the communications addressed to the CM by national authorities (in particular action plans/reports), civil society representatives, applicants and/or their lawyers and national human rights protection bodies. For almost a year now, research in this area has been greatly facilitated by the HUDOC-EXEC search engine.

Even though all the relevant data are accessible to the public, the report by Mr Pierre-Yves Le Borgn’ sums them up in a single document, thereby highlighting the progress made by member states in implementing Court judgments, as well as problems which persist in this area. It also makes key recommendations to the member states and the CM which the Parliamentary Assembly subsequently approved on 29 June 2017 in Resolution 2178 (2017) and Recommendation 2110 (2017) on the implementation of judgments of the European Court of Human Rights.

Dr Agnieszka Szklanna

Secretary to the Committee

on Legal Affairs and Human Rights

Parliamentary Assembly of the Council of Europe

Preface

Implementing the judgments of the European Court of Human Rights is integral to the role and added value of the Council of Europe. It is a matter that involves all of the Organisation’s institutions, including the Parliamentary Assembly. Even though the Committee of Ministers is responsible for monitoring the implementation of the Court’s judgments, the Assembly has an important role to play, particularly with regard to national parliaments. It has been following the execution of judgments for nearly 20 years. Mine is the ninth report to focus on this issue. As rapporteur, I follow on from the excellent work carried out by Erik Jurgens, Christos Pourgourides and Klaas de Vries.

On 31 December 2016, 9 941 cases were pending before the Committee of Ministers, slightly fewer than in the previous year. The 10 countries with the most cases were, in descending order, Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, Moldova and Poland. Regarding cases pending before the Court, 7 of these countries are also in the top 10: Ukraine, Turkey, Hungary, the Russian Federation, Romania, Italy and Poland. The Committee of Ministers closed a record number of cases in 2016. This is welcome news, and I consider that this development reflects both the increased effectiveness of national implementation mechanisms and the impact of the new working methods introduced by the Department for the Execution of Judgments.

Real progress has been made in the implementation of judgments since Klaas de Vries’ report in 2015. This concerns groups of cases relating to the length of judicial proceedings (Bulgaria, Greece, Italy, Poland and Romania), poor conditions in detention facilities and the lack of effective remedies (Italy and Poland), use of excessive force by law-enforcement officials (Romania), undue duration of or unlawfulness of remand detention (Russian Federation and Turkey), and also the non-enforcement of domestic judicial decisions and the supervisory review (nadzor) procedure in the Russian Federation. Significant advances have also been made with other cases, although they have yet to be closed.

However, I am concerned about the continued growth in leading cases which have been pending for more than five years. They reveal serious structural problems such as a shortage of financial resources (the Zhovner v. Ukraine group of judgments), the lack of a common understanding of the scope of the execution measures required (the Catan v. Russia group of judgments), cases where execution of a judgment is blocked by disagreement between political parties or national institutions (Sejdić and Finci v. Bosnia and Herzegovina and Hirst v. the United Kingdom (No. 2)), or an outright refusal to adopt the individual measures required (Pichugin v. the Russian Federation and Ilgar Mammadov v. Azerbaijan). I am also alarmed by the reluctance of some member states to accept the Court’s jurisdiction (the Russian Federation and Hungary).

As laid down in Article 46 of the Convention, each state party is required to implement the judgments of the European Court of Human Rights. The resolution adopted by the Parliamentary Assembly of the Council of Europe on 29 June 2017 calls on states to submit the necessary action plans to the Committee of Ministers, to pay particular attention to cases that have been pending for over 10 years and to strengthen the role of civil society and national human rights institutions in the process of implementing the Court’s judgments. The recommendation adopted on the same day highlights the need to make more frequent use of interim resolutions, to work towards greater transparency of the process of supervising implementation and to give civil society a greater role in the process.

Pierre-Yves Le Borgn’

Rapporteur of the Parliamentary Assembly

of the Council of Europe

The implementation of judgments of the European Court of Human Rights

Report¹ of the Parliamentary Assembly of the Council of Europe

Rapporteur: Mr Pierre-Yves Le Borgn’, France, Socialist Group, Committee on Legal Affairs and Human Rights

I. Summary

In its ninth report on implementation of judgments of the European Court of Human Rights, the Committee on Legal Affairs and Human Rights highlighted the progress made by certain member states in implementing the Court’s judgments. Nevertheless, it also pointed to serious structural problems that have been experienced for over 10 years now by the 10 member states which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). The Committee of Ministers is still supervising the implementation of some 10 000 judgments, although they