Thursday, 20 April 2023 - time 18.30 "KASTELIOTISSA" Hall, Nicosia
Honourable Advocate General of the Republic, Honourable Judge of the European Court of Human Rights, Honourable President of the Supreme Court, Honourable former Advocate General of the Republic, Honourable Mr. former President of the Supreme Court, Honourable ladies and gentlemen, current and former Ministers, Honourable Mr. Ambassador of Greece, Honourable Mr. former President of the Parliament, Honourable ladies and gentlemen, current and former Members of Parliament, Honorable Ladies and Gentlemen Presidents and Justices of the Courts, Honorable Rector of Frederick University, Honorable Ladies and Commissioners,
Ladies and Gentlemen,
Only a few years after the end of the greatest and most destructive conflict in modern history, of the Second World War, the leaders of ten European countries united against barbarism and for the defence of human dignity and civilisation, setting one of the cornerstones of the European Vision: The Council of Europe. In 1949 the Statute of the Council was signed, which was to develop into an international organisation with 46 member states and with the promotion of human rights, democracy and the rule of law throughout its territory as its main line of action.
But generally speaking, the Council of Europe's greatest achievement is the adoption of the European Convention on Human Rights and Fundamental Freedoms, which was signed in Rome in 1950 by the member states of the Council of Europe and entered into force in 1953. At the pan-European level, the ECHR was the first international treaty codification of international protection of individual and political human rights, demonstrating its historical importance. It has been described as "the democratic manifesto of the Western World and the most appropriate weapon for waging the cold war by ideological means", which has evolved to become the most comprehensive and effective international instrument for the defence of human rights and fundamental freedoms. The Convention and its Additional Protocols guarantee a wide range of rights, the interpretation and application of which are constantly evolving, thus keeping pace with the needs of modern society. Member States must apply the provisions of the Convention in their entirety and recognise and guarantee the fundamental rights of their citizens. The Convention is also the main reference point and the last resort for European citizens against any kind of violation that has not been effectively addressed at national level.
In this context, the European Court of Human Rights (ECtHR) is the main body that interprets the Convention. Through the rich jurisprudence it has developed, it has highlighted the multiple dimensions of human rights such as, among others, the right to life, the right to a fair trial, the right to respect for private and family life, freedom of expression, freedom of thought, conscience and religion, and the right to respect for property. The Court has in this context highlighted jurisprudential issues of paramount importance, such as gender, vulnerable minorities, etc. As far as Cyprus is concerned, it must be said that, in addition to the individual applications in Cyprus' inter-State applications against Turkey, the Court has recognised the flagrant violations of the rights of displaced persons, internally displaced persons, missing persons and their relatives as a consequence of Turkey's illegal invasion and occupation of 37% of the country's territory. The Court's decision in the "Loizidou" case, which documents the illegality of Turkey's subordinate administration in the occupied territories, is a milestone not only for Cyprus, but for international law in general, since it clarifies the concept of "extraterritoriality", so that the obligations arising from the Convention can be applied to the Contracting Parties, even when they act outside their geographical borders. According to that judgment, Turkey is held liable for the illegal formation in areas not controlled by the Republic of Cyprus and, consequently, responsible for the seizure of Ms Loizidou's property.
Although today's lecture focuses on the internal functioning of the Court, our understanding of the substance of the Convention would be incomplete if we did not take into account the role of the two other institutions of the Council, namely the Committee of Ministers and the Parliamentary Assembly of the Council of Europe and their interaction with the Court.
The Committee of Ministers monitors the implementation of the Court's decisions, a judicial process that gives the Convention a special value, making it the most effective mechanism for implementing human rights in Europe. The monitoring of the corrective measures taken at national level to remedy the violations identified by the Court, as well as the revision of the legislative framework in the Member States where necessary to improve compliance with the Convention, is a shield and a guarantee for the more effective protection and consolidation of fundamental rights in Europe. Unfortunately, the recent decision of the Committee of Ministers to terminate the procedure for monitoring the implementation of the 'Loizidou' decision is a negative development in the case of Cyprus. The Committee of Ministers, of course, a highly political body, took this decision at this particular time, despite the fact that Turkey has not complied with the substance of the Loizidou case. The passage of time and the labyrinthine and time-consuming procedures of the Organisation cannot, however, undo the illegality and violation of international law, whether it takes place in Cyprus, in Ukraine or in another Member State of the Organisation.
The work of the Parliamentary Assembly of the Council of Europe, in which the House of Representatives actively participates with a bipartisan delegation, is guided by the principles and values of the Organisation, the Convention, the European Social Charter, as well as by other individual conventions. The Assembly's themes focus on the protection of human rights, especially of the most vulnerable groups of the population, the consolidation of the rule of law, the proper functioning of democratic institutions and the promotion and deepening of democracy at all levels in the 46 Member States and in neighbouring regions. In addition, the Assembly elects the members of the Court of Justice, monitors the electoral processes in the Member States, conducts working visits to monitor the obligations and commitments of the Member States with regard to their treaty obligations and constantly consults the other institutions and the various mechanisms and bodies of the Council of Europe, such as the Venice Commission, GREVIO, GRECO, MONEYVAL and the Lanzarote Commission, among others, which have been set up to better defend and implement the acquis of the Organisation. Cyprus' membership of the Council of Europe adds value to our country. Our representation in all the institutions of the Organisation, the synergies that have been developed, the know-how that has been transferred to the national level and transposed into the legal order are undoubtedly of outstanding importance.
Ladies and gentlemen,
It is today with great honour that we have with us Dr Georgios Sergides, the Cypriot judge at the European Court of Human Rights. Dr. Sergides is among the most prestigious Cypriot jurists of our time. The holder of five doctoral degrees, he served the Cypriot judiciary for many years, first as a lawyer and then as a judge, holding the position of President of the Family Court in Cyprus before his election to the Strasbourg Court and having produced a rich body of jurisprudential work of great importance and scope.
His contribution to the legal world of Cyprus is multi-dimensional both in his capacity as an academic and as an examiner of the Legal Council, with a rich body of writings on Cypriot law, having contributed substantially to the development of modern Cypriot legal literature. Since 2016, Dr. Sergides has been the Judge of the Republic of Cyprus at the European Court of Human Rights.
As part of the Council of Europe's "Council of Europe Days" initiative, Member States organize simultaneous events to promote the work of the Organization. The House of Representatives has the particular honour and pleasure of hosting Dr. Sergides this evening, on the internal functioning of the Court, an aspect largely unknown to the general public, in the certainty that with his erudition and friction with the functioning mechanisms of the European Court of Human Rights he will impart to all and sundry valuable knowledge and experience.
Thank you
(Text as sent by the House of Representatives)
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