I. General Provisions
Rule 1
1. The exercise of the
powers of the Committee of Ministers under Article 46,
paragraphs 2 to 5, and Article 39, paragraph 4, of the
European Convention on Human Rights, is governed by the
present Rules.
2. 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 when exercising these powers.
Rule 2
1. The Committee of
Ministers’ supervision of the execution of judgments and of
the terms of friendly settlements shall in principle take
place at special human rights meetings, the agenda of which
is public.
2. If the chairmanship of
the Committee of Ministers is held by the representative of
a High Contracting Party which is a party to a case under
examination, that representative shall relinquish the
chairmanship during any discussion of that case.
Rule 3
When a judgment or a
decision is transmitted to the Committee of Ministers in
accordance with Article 46, paragraph 2, or Article 39,
paragraph 4, of the Convention, the case shall be inscribed
on the agenda of the Committee without delay.
Rule 4
1. The Committee of
Ministers shall give priority to supervision of the
execution of judgments in which the Court has identified
what it considers a systemic problem in accordance with
Resolution Res(2004)3 of the Committee of Ministers on
judgments revealing an underlying systemic problem.
2. The priority given to
cases under the first paragraph of this Rule shall not be to
the detriment of the priority to be given to other important
cases, notably cases where the violation established has
caused grave consequences for the injured party.
Rule 5
The Committee of Ministers
shall adopt an annual report on its activities under Article
46, paragraphs 2 to 5, and Article 39, paragraph 4, of the
Convention, which shall be made public and transmitted to
the Court and to the Secretary General, the Parliamentary
Assembly and the Commissioner for Human Rights of the
Council of Europe.
II. Supervision of the
execution of judgments
Rule 6
Information to the
Committee of Ministers on the execution of the judgment
1. 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 High Contracting Party concerned
to inform it of the measures which the High Contracting
Party has taken or intends to take in consequence of the
judgment, having regard to its obligation to abide by it
under Article 46, paragraph 1, of the Convention.
2. When supervising the
execution of a judgment by the High Contracting Party
concerned, pursuant to Article 46, paragraph 2, of the
Convention, the Committee of Ministers shall examine:
a.
whether any just satisfaction awarded by the Court has been
paid, including as the case may be, default interest; and
b.
if required, and taking into account the discretion of the
High Contracting Party concerned to choose the means
necessary to comply with the judgment, whether:
i. individual measures1
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;
ii. general measures2
have been adopted, preventing new violations similar to
that or those found or putting an end to continuing
violations.
Rule 7
Control intervals
1. Until the High
Contracting Party 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.
2. If the High Contracting
Party 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 8
Access to information
1. The provisions of this
Rule are without prejudice to the confidential nature of the
Committee of Ministers’ deliberations in accordance with
Article 21 of the Statute of the Council of Europe.
2. The following information
shall be accessible to the public unless the Committee
decides otherwise in order to protect legitimate public or
private interests:
a.
information and documents relating thereto provided by a
High Contracting Party to the Committee of Ministers
pursuant to Article 46, paragraph 2, of the Convention;
b.
information and documents relating thereto provided to the
Committee of Ministers, in accordance with the present Rules,
by the injured party, by non-governmental organisations or
by national institutions for the promotion and protection of
human rights.
3. In reaching its decision
under paragraph 2 of this Rule, the Committee shall take,
inter alia, into account:
a.
reasoned requests for confidentiality made, at the time the
information is submitted, by the High Contracting Party, by
the injured party, by non-governmental organisations or by
national institutions for the promotion and protection of
human rights submitting the information;
b.
reasoned requests for confidentiality made by any other High
Contracting Party concerned by the information without delay,
or at the latest in time for the Committee’s first
examination of the information concerned;
c.
the interest of an injured party or a third party not to
have their identity, or anything allowing their
identification, disclosed.
4. After each meeting of the
Committee of Ministers, the annotated agenda presented for
the Committee’s supervision of execution shall also be
accessible to the public and shall be published, together
with the decisions taken, unless the Committee decides
otherwise. As far as possible, other documents presented to
the Committee which are accessible to the public shall be
published, unless the Committee decides otherwise.
5. In all cases, where an
injured party has been granted anonymity in accordance with
Rule 47, paragraph 3 of the Rules of Court; his/her
anonymity shall be preserved during the execution process
unless he/she expressly requests that anonymity be waived.
Rule 9
Communications to the
Committee of Ministers
1. The Committee of
Ministers shall consider any communication from the injured
party with regard to payment of the just satisfaction or the
taking of individual measures.
2. The Committee of
Ministers shall be entitled to consider any communication
from non-governmental organisations, as well as national
institutions for the promotion and protection of human
rights, with regard to the execution of judgments under
Article 46, paragraph 2, of the Convention.
3. The Secretariat shall
bring, in an appropriate way, any communication received in
reference to paragraph 1 of this Rule, to the attention of
the Committee of Ministers. It shall do so in respect of any
communication received in reference to paragraph 2 of this
Rule, together with any observations of the delegation(s)
concerned provided that the latter are transmitted to the
Secretariat within five working days of having been notified
of such communication.
Rule 10
Referral to the Court
for interpretation of a judgment
1. When, in accordance with
Article 46, paragraph 3, of the Convention, the Committee of
Ministers considers that the supervision of the execution of
a final judgment is hindered by a problem of interpretation
of the judgment, it may refer the matter to the Court for a
ruling on the question of interpretation. A referral
decision shall require a majority vote of two thirds of the
representatives entitled to sit on the Committee.
2. A referral decision may
be taken at any time during the Committee of Ministers’
supervision of the execution of the judgments.
3. A referral decision shall
take the form of an interim resolution. It shall be reasoned
and reflect the different views within the Committee of
Ministers, in particular that of the High Contracting Party
concerned.
4. If need be, the Committee
of Ministers shall be represented before the Court by its
Chair, unless the Committee decides upon another form of
representation. This decision shall be taken by a two-thirds
majority of the representatives casting a vote and a
majority of the representatives entitled to sit on the
Committee.
Rule 11
Infringement
Proceedings
1. When, in accordance with
Article 46, paragraph 4, of the Convention, the Committee of
Ministers considers that a High Contracting Party refuses to
abide by a final judgment in a case to which it is party, it
may, after serving formal notice on that Party and by
decision adopted by a majority vote of two thirds of the
representatives entitled to sit on the Committee, refer to
the Court the question whether that Party has failed to
fulfil its obligation.
2. Infringement proceedings
should be brought only in exceptional circumstances. They
shall not be initiated unless formal notice of the
Committee’s intention to bring such proceedings has been
given to the High Contracting Party concerned. Such formal
notice shall be given ultimately six months before the
lodging of proceedings, unless the Committee decides
otherwise, and shall take the form of an interim resolution.
This resolution shall be adopted by a majority vote of
two-thirds of the representatives entitled to sit on the
Committee.
3. The referral decision of
the matter to the Court shall take the form of an interim
resolution. It shall be reasoned and concisely reflect the
views of the High Contracting Party concerned.
4. The Committee of
Ministers shall be represented before the Court by its Chair
unless the Committee decides upon another form of
representation. This decision shall be taken by a two-thirds
majority of the representatives casting a vote and a
majority of the representatives entitled to sit on the
Committee.
III. Supervision of the
Execution of the Terms of Friendly Settlements
Rule 12
Information to the
Committee of Ministers on the execution of the terms of the
friendly settlement
1. When a decision is
transmitted to the Committee of Ministers in accordance with
Article 39, paragraph 4, of the Convention, the Committee
shall invite the High Contracting Party concerned to inform
it on the execution of the terms of the friendly settlement.
2. The Committee of
Ministers shall examine whether the terms of the friendly
settlement, as set out in the Court’s decision, have been
executed.
Rule 13
Control intervals
Until the High Contracting
Party concerned has provided information on the execution of
the terms of the friendly settlement as set out in the
decision of the Court, the case shall be placed on the
agenda of each human rights meeting of the Committee of
Ministers, or, where appropriate,3
on the agenda of a meeting of the Committee of Ministers
taking place no more than six months later, unless the
Committee decides otherwise.
Rule 14
Access to
information
1. The provisions
of this Rule are without prejudice to the confidential
nature of the Committee of Ministers’ deliberations in
accordance with Article 21 of the Statute of the Council of
Europe.
2. The following information
shall be accessible to the public unless the Committee
decides otherwise in order to protect legitimate public or
private interests:
a.
information and documents relating thereto provided by a
High Contracting Party to the Committee of Ministers
pursuant to Article 39, paragraph 4, of the Convention;
b.
information and documents relating thereto provided to the
Committee of Ministers in accordance with the present Rules
by the applicant, by non-governmental organisations or by
national institutions for the promotion and protection of
human rights.
3. In reaching its decision
under paragraph 2 of this Rule, the Committee shall take,
inter alia, into account:
a.
reasoned requests for confidentiality made, at the time the
information is submitted, by the High Contracting Party, by
the applicant, by non-governmental organisations or by
national institutions for the promotion and protection of
human rights submitting the information;
b.
reasoned requests for confidentiality made by any other High
Contracting Party concerned by the information without delay,
or at the latest in time for the Committee’s first
examination of the information concerned;
c.
the interest of an applicant or a third party not to have
their identity, or anything allowing their identification,
disclosed.
4. After each meeting of the
Committee of Ministers, the annotated agenda presented for
the Committee’s supervision of execution shall also be
accessible to the public and shall be published, together
with the decisions taken, unless the Committee decides
otherwise. As far as possible, other documents presented to
the Committee which are accessible to the public shall be
published, unless the Committee decides otherwise.
5. In all cases, where an
applicant has been granted anonymity in accordance with Rule
47, paragraph 3 of the Rules of Court; his/her anonymity
shall be preserved during the execution process unless he/she
expressly requests that anonymity be waived.
Rule 15
Communications to the
Committee of Ministers
1. The Committee of
Ministers shall consider any communication from the
applicant with regard to the execution of the terms of
friendly settlements.
2. The Committee of
Ministers shall be entitled to consider any communication
from non-governmental organisations, as well as national
institutions for the promotion and protection of human
rights, with regard to the execution of the terms of
friendly settlements.
3. The Secretariat shall
bring, in an appropriate way, any communication received in
reference to paragraph 1 of this Rule, to the attention of
the Committee of Ministers. It shall do so in respect of any
communication received in reference to paragraph 2 of this
Rule, together with any observations of the delegation(s)
concerned provided that the latter are transmitted to the
Secretariat within five working days of having been notified
of such communication.
IV. Resolutions
Rule 16
Interim resolutions
In the course of its
supervision of the execution of a judgment or of the terms
of a friendly settlement, 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
suggestions with respect to the execution.
Rule 17
Final resolution
After having established
that the High Contracting Party concerned has taken all the
necessary measures to abide by the judgment or that the
terms of the friendly settlement have been executed, the
Committee of Ministers shall adopt a resolution concluding
that its functions under Article 46, paragraph 2, or Article
39 paragraph 4, of the Convention have been exercised.
Note
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
Rec(2000)2 of the Committee of Ministers to 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 694th meeting of
the Ministers’ Deputies).
Note
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.
Note
3
In
particular where the terms of the friendly settlement
include undertakings which, by their nature, cannot be
fulfilled within a short time span, such as the adoption of
new legislation.
