736^th meeting – 10-11 January 2001

Appendix 5 (item 4.2)

Rules adopted by the Committee of Ministers for the application of Article 46, paragraph 2, of the European Convention on Human Rights

(text approved by the Committee of Ministers on 10 January 2001 at the 736^th meeting of the Ministers' Deputies)

Rule 1

General provisions

a. The Committee of Ministers' supervision of the execution of judgments of the Court will in principle take place at special human rights meetings, the agenda of which is public.

b. Unless otherwise provided in the present rules, the general rules of procedure of the meetings of the Committee of Ministers and of the Ministers' Deputies shall apply to the examination of cases under Article 46, paragraph 2, of the Convention.

c. If the chairmanship of the Committee of Ministers is held by the representative of a state which is a party to a case referred to the Committee of Ministers under Article 46, paragraph 2, of the Convention, that representative shall relinquish the chairmanship during any discussion of that case.

Rule 2

Inscription of cases on the agenda

When a judgment is transmitted to the Committee of Ministers in accordance with Article 46, paragraph 2, of the Convention, the case shall be inscribed on the agenda of the Committee without delay.

Rule 3

Information to the Committee of Ministers on

a. When, in a judgment transmitted to the Committee of Ministers in accordance with Article 46, paragraph 2, of the Convention, the Court has decided that there has been a violation of the Convention or its protocols and/or has awarded just satisfaction to the injured party under Article 41 of the Convention, the Committee shall invite the State concerned to inform it of the measures which the State has taken in consequence of the judgment, having regard to its obligation to abide by it under Article 46, paragraph 1, of the Convention.

b. When supervising the execution of a judgment by the respondent State, pursuant to Article 46, paragraph 2, of the Convention, the Committee of Ministers shall examine whether:

- any just satisfaction awarded by the Court has been paid, including as the case may be default interest;

and, if required, and taking into account the discretion of the State concerned to choose the means necessary to comply with the judgment, whether

- individual measures ^{footnote 1} have been taken to ensure that the violation has ceased and that the injured party is put, as far as possible, in the same situation as that party enjoyed prior to the violation of the Convention;

- general measures ^{footnote 2} have been adopted, preventing new violations similar to that or those found or putting an end to continuing violations.

Rule 4

Control intervals

a. Until the State concerned has provided information on the payment of the just satisfaction awarded by the Court or concerning possible individual measures, the case shall be placed on the agenda of each human rights meeting of the Committee of Ministers, unless the Committee decides otherwise.

b. If the State concerned informs the Committee of Ministers that it is not yet in a position to inform the Committee that the general measures necessary to ensure compliance with the judgment have been taken, the case shall be placed again on the agenda of a meeting of the Committee of Ministers taking place no more than six months later, unless the Committee decides otherwise; the same rule shall apply when this period expires and for each subsequent period.

Rule 5

Access to information

Without prejudice to the confidential nature of Committee of Ministers' deliberations, in accordance with Article 21 of the Statute of the Council of Europe, information provided by the State to the Committee of Ministers in accordance with Article 46 of the Convention and the documents relating thereto shall be accessible to the public, unless the Committee decides otherwise in order to protect legitimate public or private interests. In deciding such matters, the Committee of Ministers shall take into account reasoned requests by the State or States concerned, as well as the interest of an injured party or a third party not to disclose their identity.

Rule 6

Communications to the Committee of Ministers

a. The Committee of Ministers shall be entitled to consider any communication from the injured party with regard to the payment of the just satisfaction or the taking of individual measures.

b. The Secretariat shall bring such communications to the attention of the Committee of Ministers.

Rule 7

Interim resolutions

In the course of its supervision of the execution of a judgment, the Committee of Ministers may adopt interim resolutions, notably in order to provide information on the state of progress of the execution or, where appropriate, to express concern and/or to make relevant suggestions with respect to the execution.

Rule 8

Final resolution

After having established that the State concerned has taken all the necessary measures to abide by the judgment, the Committee of Ministers shall adopt a resolution concluding that its functions under Article 46, paragraph 2, of the Convention have been exercised.

1)For instance, the striking out of an unjustified criminal conviction from the criminal records, the granting of a residence permit or the re-opening of impugned domestic proceedings (see on this latter point Recommendation No. R (2000) 2 of the Committee of Ministers to the member States on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights, adopted on 19 January 2000 at the 694^th meeting of the Ministers' Deputies).

  2) For instance, legislative or regulatory amendments, changes of case law or administrative practice or publication of the Court's judgment in the language of the respondent State and its dissemination to the authorities concerned.