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Ministers'
Deputies
It
should be noted that, in accordance with the ad hoc terms of reference
given to the CDDH by the Deputies their 653rd meeting
(16-17 December 1998), to be carried out before 31 December 2000,
the CDDH has drawn up draft rules for the application of Article 46,
paragraph 2, of the European Convention on Human Rights.
These draft rules appear in Appendix I to these Notes.
At its 49th meeting, the CDDH decided to transmit
these draft rules to the Committee of Ministers, accompanied by a
letter from the Chairman of the CDDH to the Chairman of the Committee
of Ministers (reproduced in Appendix III to document CM(2000)185). The
Deputies are invited to examine the above-mentioned draft rules with a
view to their adoption at the present meeting.
The Deputies are invited to decide that the CDDH has thus
completed the ad hoc terms of reference which it had received. In
addition, the Deputies' attention is drawn to the fact that the CDDH,
at its 49th meeting, took note of the state of progress of
the work of its Group of Specialists on Access to Official Information
(DH-S-AC) relating to the preparation of a draft instrument on the
right of access of the public to official information, together with
an explanatory memorandum. As
this work has not yet been completed and that the terms of reference
of the Group will expire on 31 December 2000, the CDDH requests
the Committee of Ministers to approve new terms of reference for the
DH-S-AC which would expire on 31 December 2001. The
Deputies are invited to approve the new terms of reference for the
DH-S-AC, as they appear in Appendix II to the present Notes. In
addition, the Deputies are invited to take note of the exchange of
letters between the Chairman of the CDDH and the President of the
European Court of Human Rights on the publication and dissemination of
Court judgments (see Appendix V to document CM(2000)185).
It is recalled that the subject-matter of these letters was
also addressed during the Ministerial Conference on Human Rights (see
Resolution 1, paragraph 14 (iii). DRAFT DECISIONS 735th meeting – 20 December 2000 Item 4.2 Steering Committee for Human Rights (CDDH) (CM(2000)185) Decisions The
Deputies 1.
adopted the Rules for the application of Article 46, paragraph
2, of the European Convention on Human Rights as they appear at
Appendix .. to the present volume of Decisions <see Appendix I to
the present Notes> and decided that the CDDH has thus completed its
ad hoc terms of reference which it received at the 653rd
meeting of the Deputies (16-17 December 1998); 2.
approved new terms of reference for the Group of Specialists on
Access to Official Information (DH-S-AC), as they appear at Appendix
.. to the present volume of Decisions ;<see Appendix II to the
present Notes> 3.
took note of the exchange of letters between the Chairman of
the CDDH and the President of the European Court of Human Rights
concerning the publication and dissemination of Court judgments
(Appendix V to document CM(2000)185); 4.
taking into account decisions 1-3 above, took note of the
abridged report of the 49th meeting of the CDDH as a
whole. 735th meeting – 20 December 2000 Appendix
I (item 4.2) [Draft]
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 …………2000 at the …
meeting of the Ministers' Deputies)[1] 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 the
measures taken in order to abide by the judgment 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[2] 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[3] 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. 735th meeting – 20 December 2000 Appendix II (item 4.2) Terms
of reference of the Group of Specialists on
access to official information (DH-S-AC) Terms
of reference 1.
Name of Committee: Group
of Specialists on access to official information (DH-S-AC) 2.
Type of Committee:
Committee
of experts 3.
Source of terms of
reference: Steering
Committee for Human Rights (CDDH) 4.
Terms of reference: Under
the authority of the CDDH, the Group of Specialists on access to
official information (DH-S-AC) shall prepare a draft recommendation
embodying basic principles on the right of access of the public to
information held by public authorities. The draft recommendation shall
be accompanied by an explanatory memorandum. In
carrying out its terms of reference, the DH-S-AC shall have due regard
notably to Recommendation No. R (81) 19 on access to information held
by public authorities and to legislative developments in the field of
access to official information both in the member States and at
European level. At
the close of its work, the DH-S-AC shall draw up a final activity
report for the attention of the CDDH. This report shall also present
suggestions on the future activities which could be undertaken by the
CDDH in this field, further to the possible adoption of a
recommendation by the Committee of Ministers. 5.
Membership: The
Group of Specialists shall be composed as follows: Bulgaria,
Denmark, France, Germany, Italy, Netherlands, Norway, Poland, Russian
Federation, Sweden, Turkey, the United Kingdom, as well as three
experts to be appointed by the European Committee on Legal
Co-operation (CDCJ). The
budget of the Council of Europe will bear the travel and subsistence
expenses of twelve specialists for attendance at meetings of the
Group. Other member States expressing an interest in the work of the
Group may designate, at their own expense, specialists to participate
in meetings of the Group. The
European Commission may send representatives, without the right to
vote or defrayal of expenses, to meetings of the Group. The
non-governmental organisation Article XIX may send a representative to
attend meetings of the Group in a observer capacity, without the right
to vote or defrayal of expenses. 6.
Working structures and methods: In
carrying out its terms of reference, the Group of Specialists shall
consult all parties concerned by its work and by all appropriate
means. In particular, the Group of Specialists may organise hearings
and written consultations. The Group of Specialists may also have
recourse to consultants. 7.
Duration: These
terms of reference shall come to an end on 31 December 2001. [1] The present text has been studied by the Legal Advice Department of the Council of Europe, which has introduced some amendments. They appear in bold. [2] 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 N°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 694th meeting of the Ministers' Deputies). [3] 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.
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