|
|
Switzerland and the Council of Europe Key points · Switzerland became the 17th member of the Council of Europe on 6 May 1963 · Switzerland has ratified 109 conventions of the Council of Europe and has signed another 15 which it has not yet ratified · Switzerland ratified the European Convention on Human Rights on 28 November 1974 · Switzerland hold the chair of the Committee of Ministers for six months from 18 November 2009 until May 2010 Summary The key objectives of the Council of Europe, the oldest pan-European organisation, are the protection of human rights, the rule of law and democracy, and the defence of a common cultural heritage. The organisation has 47 member states and has created more than 200 conventions, many of which have become national law across the continent. The Swiss government and parliamentary institutions have actively participated in the political life of the Council for the last 46 years. The decision-making body of the organisation is the Committee of Ministers, which adopts conventions and makes recommendations to the member states and supervises the execution of judgments of the European Court of Human Rights. It comprises the Ministers of Foreign Affairs or their permanent representatives, who are usually ambassadors in Strasbourg. Currently, foreign minister Micheline Calmy-Rey represents Switzerland in the Committee of Ministers. Since December 2007, the Permanent Representative of Switzerland to the Council of Europe has been Paul Widmer. After their adoption by the Committee of Ministers, conventions are opened for signature by states which must ratify them in order for them to become legally binding. The last protocol that Switzerland ratified was Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control system of the Convention (in May 2004). The Parliamentary Assembly of the Council of Europe (PACE) is composed of representatives coming from parliaments from the 47 member states. The texts adopted by PACE – recommendations, resolutions and opinions – serve as guidelines for the Committee of Ministers, national governments, parliaments and political parties. There are four PACE sessions a year, each lasting one week. Switzerland is represented in the Parliamentary Assembly by a delegation of 6 representatives and 6 substitutes. Currently, Maximilian Reimann (ADLE) is the head of the delegation. Swiss members of PACE are elected among parliamentarians of the National Assembly of the Republic of Switzerland. Switzerland is represented in the Congress of Local and Regional Authorities of the Council of Europe by a delegation of 6 representatives and 6 substitutes. The Secretary General of the Council of Europe – currently Thorbjørn Jagland (Norway) – is elected for a period of five years and is responsible for strategic planning, management of the programme of activities and the budget of the organisation. The Council of Europe’s ordinary budget for 2009 is over 205 million Euros, of which Switzerland contributes 4 301 761, 97 Euros (2.1%). The European Court of Human Rights’ role is to ensure that states which have ratified the European Convention on Human rights observe their obligations. It examines complaints lodged by individuals or states and where it finds that a member state has violated any rights or guarantees, it delivers a binding judgment. The Court is composed of one judge from each member state. They are elected by PACE. The judge for Switzerland to the European Court of Human Rights is Giorgio Malinverni, who started his mandate in January 2007. On 31 December 2008, there were 559 pending applications against Switzerland before the decision body (approximately 0.006% of all the pending cases). The Court faces an overload of cases – approximately 97.300 cases pending by 31 December 2008 – which is affecting its effectiveness. Several independent bodies of the Council of Europe monitor compliance of member states with the human rights standards of the organisation. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote the awareness of and respect for human rights in the 47 Council of Europe member states. On 7 May 1999, the Committee of Ministers adopted a resolution which instituted the office of the Commissioner and elaborated the Commissioner’s mandate. The first Commissioner, Mr. Alvaro Gil-Robles, held the post between 15 October 1999 and 31 March 2006, while the current Commissioner, Mr. Thomas Hammarberg, assumed the position on 1 April, 2006. The Commissioner is mandated to foster the effective observance of human rights, and assist member states in the implementation of Council of Europe human rights standards; promote education in and awareness of human rights in Council of Europe member states; identify possible shortcomings in the law and practice concerning human rights; facilitate the activities of national ombudsperson institutions and other human rights structures; and provide advice and information regarding the protection of human rights across the region. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits places of detention (e.g. prisons and juvenile detention centres, police stations, holding centres for immigration detainees and psychiatric hospitals), to see how persons deprived of their liberty are treated, and, if necessary, to recommend improvements to the states. Its members are independent experts. The Swiss member, Jean-Pierre Restellini, is a lawyer and medical doctor, who is a specialist in internal and forensic medicine. He was the former doctor in charge of the Prison Medicine Division (Geneva), and former cantonal doctor for the canton of Geneva. He will hold his post until December 2009. The European Commission against Racism and Intolerance (ECRI) combats racism, xenophobia, anti-Semitism and intolerance. ECRI’s action covers all measures necessary to fight violence, discrimination and prejudice on the grounds of race, colour, language, religion and national or ethnic origin. So far, ECRI has issued four reports on the situation in Switzerland. Daniel Thürer, lawyer and professor of International, European, Public and Comparative Constitutional Law at the University of Zurich, is the current Swiss member of ECRI. He will hold his post until 1st January 2014. Questions and Answers Which Council of Europe treaties has Switzerland ratified? Switzerland has ratified 109 Council of Europe conventions, among them the European Convention on the Equivalence of Diplomas leading to Admission to Universities, the European Convention for the Peaceful Settlement of Disputes, the European Convention on Extradition (and their Additional Protocols), the Convention on the Elaboration of a European Pharmacopoeia, the European Convention on the Adoption of Children, the European Convention on the Suppression of Terrorism, the Convention on the Conservation of European Wildlife and Natural Habitats, the European Agreement on Transfer of Responsibility for Refugees, the European Charter of Local Self-Government, the European Charter for Regional or Minority Languages, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Criminal Law Convention on Corruption. The last convention that Switzerland ratified was the Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings (in July 2008). Which conventions has Switzerland signed but not yet ratified? Switzerland has signed but not yet ratified 15 Council of Europe conventions, among them the European Social Charter, the Convention on Cybercrime, the European Landscape Convention and the Council of Europe Convention on Action against Trafficking in Human Beings. Which treaties has Switzerland neither ratified nor signed? Switzerland has neither ratified nor signed 83 Council of Europe conventions, among them the European Convention on Social and Medical Assistance the European Convention on the Punishment of Road Traffic Offences, the European Convention on Social Security, the European Convention on the Legal Status of Migrant Workers, the European Convention on Nationality, the Civil Law Convention on Corruption, the Council of Europe Convention on the Prevention of Terrorism, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
How many times has CPT visited Switzerland? Since its establishment in 1989, the CPT carried out five regular visits to Switzerland; in 1991, in 1996, in 2001, in 2003 and in 2007. What are the observations of the CPT’s last report on Switzerland? Following its visit in September/ October 2007 in detention centres or police stations of six different Swiss cantons (Argovia, Bern, Geneva, Wallis, Zurich and Soletta), the CPT produced a detailed report and listed a series of recommendations that Swiss authorities should take into consideration in order to comply with the human rights standards of the Council of Europe. In particular, the CPT drew attention to cases of bad treatment by the police in Geneva, to inadequate conditions for psychologically impaired prisoners in need of special detention facilities in Berne as well as inadequate conditions for isolated prisoners in high security prisons. Also, it wanted to be informed when the new Swiss Criminal Code guaranteeing equal treatment of criminals throughout the country will enter into force. The text on the Criminal Code was adopted afterwards in April 2008. What are the conclusions of ECRI’s last report on Switzerland? In its last report published in September 2009, ECRI highlighted that measures have been taken to foster the integration of immigrants in areas such as employment, housing and health. It noted with satisfaction that the federal bodies in charge of racism and migration have continued to raise awareness on racism and racial discrimination and welcomed the steps taken to combat right-wing extremism. However, ECRI also expressed its concern at the dangerous growth of racist political discourse against non-citizens, Muslims, Black people and other minorities. It noted that legislation is insufficiently developed to deal with direct racial discrimination, which targets in particular Muslims and persons from the Balkans, Turkey and Africa. It pointed out that Travellers and Yenish communities with an itinerant life style are still faced with a shortage of stopping sites and prejudice leading to instances of discrimination. The tightening of legislation governing asylum seekers and the increased hostility towards them are also mentioned as issues of concern. When was the Commissioner of Human Rights’ last visit to Switzerland? Alvaro Gil-Robles, Thomas Hammarberg’s predecessor, visited Switzerland from 29 November to 3 December 2004 and examined the situation of aliens, asylum-seekers and other foreign nationals. In his report on this visit he describes Switzerland as a country ensuring a very high degree of respect for human rights within its borders, while actively and persuasively promoting respect for human rights throughout the world. However, he also expresses concern about unacceptable measures and attitudes of rejection towards foreign nationals as well as certain extremist attitudes and hostility towards the recognition of foreigner’s rights. How many judgments related to Switzerland did the ECHR deliver in 2008? In 2008 Switzerland was judged on four cases and in all of them it was found at least one violation; in one case the violation of the right to liberty and security and in the three others the violation of the right to respect for private and family life. Since 1999, when the Court started to function full-time, it has delivered 44 judgments related to Switzerland; in 36 of them it found at least one violation, in 6 cases no violation was found, while in two cases the parties found a friendly settlement of the dispute. The most violated rights have been the right to a fair trial and the right to respect for private and family life. Who are Swiss members of PACE? Switzerland is represented in the Parliamentary Assembly by a delegation of 6 representatives and 6 substitutes. Currently, the head of Swiss PACE delegation is Maximilian Reimann (ADLE). The other five representatives are Andreas Gross (SOC), Arthur Loepfe (EPP), Dick Marty (ADLE), Felix Müri (ADLE), Doris Stump (SOC). Substitutes are Theo Maissen (EPP/CD), Doris Fiala (ALDE), Hansjörg Walter (ALDE), André Bugnon (ALDE), Francine John-Calame (SOC) and Liliane Maury Pasquier (SOC).Who are the members of the Swiss delegation in the Chamber of Local Authorities and the Chamber of Regions? Switzerland is represented by a delegation of 6 representatives and 6 substitutes in each Chamber. Representatives in the Chamber of Local Authorities are Dario Ghisletta (SOC), deputy communal councillor of Bellinzona, Françoise Jeanneret (SOC), city councillor of Neuchatel, Esther Maurer (SOC), city councillor of Zurich, Jon Domenic Parolini (ILDG), President of the city of Scuol, and Laurent Wehrli (ILDG), municipal councillor of Montreux.Representatives in the Chamber of Regions are the following members of the different cantonal governments: Kathrin Hilber (SOC), St-Gall, Bernard Soguel (SOC), Neuchatel, Urs Wüthrich-Pelloli (SOC), Basel-countryside, Philippe Receveur (EPP/CD), Jura, Heinz Tännler (ILDG), Zug, Heidi Z’graggen (EPP/CD), Uri.Contacts: Press office: Henriette Girard ([email protected], tel. + 33 (0)3 88 41 21 41) Press correspondent: Udo Seiwert-Fauti ([email protected], tel.+49 (0)7808 911 136, mob. +49 (0)171 4962273) Updated in October 2009 |
