Mr. Kostis Efstathiou, member of the Cypriot delegation to the Parliamentary Assembly of the Council of Europe (PACE) and rapporteur of the Legal and Human Rights Committee on the enforcement of judgments of the European Court of Human Rights (ECtHR), presented yesterday to the Plenary Assembly a report and a resolution, which were adopted unanimously.
Mr Efstathiou stressed that the implementation of ECHR judgments is inextricably linked to the principles and values promoted by the Council of Europe. The investigation and documentation of human rights violations throughout the territory of Europe and the provision of support to member states to remedy shortcomings and deficiencies and to fully comply with the provisions of the European Convention on Human Rights are the main lines of action of the Organisation and its institutions, the Cypriot MP said.
Efstathiou noted that the CSCE deals with both the legal issues raised by the Court's rulings and the political aspect, which largely depends on the will or not of the Committee of Ministers to put pressure on member states to comply with their treaty obligations. The control exercised by national parliaments over governments and, correspondingly, the control exercised by the CSCE over the Committee of Ministers, the body primarily responsible for monitoring the implementation of decisions, is crucial. Efstathiou pointed out that structural weaknesses and systemic dysfunctions found at the national level, impede the swift and effective execution of decisions, undermine the rule of law and affect citizens' confidence in the adequacy of the justice system. Taking corrective measures, reviewing legislation and promoting reforms, Mr Efstathiou stressed, is even more important and necessary in cases where human rights violations are found to have occurred as a result of abuse of power and/or as a result of politically motivated cases. It is unacceptable, he stressed, after more than seventy years since the adoption of the Convention, that some Member States continue to fail to implement key judgments of the Court concerning basic human rights and fundamental freedoms.
The resolution adopted includes recommendations to ensure that the Committee of Ministers operates in a transparent manner, is accountable and adequately justifies its decisions, thus strengthening the impartiality and credibility of the system. Member States are also invited to take into account the jurisprudence of the Court so that cases involving the same violations are not adjudicated, to establish mechanisms for better parliamentary scrutiny and to strengthen cooperation with independent national human rights authorities. The resolution also calls for the implementation of incentives for Member States to better comply with the Court's judgments, as well as penalties and sanctions in cases of repeated or prolonged non-compliance.
Let us not forget, Mr Efstathiou concluded, that recourse to the ECtHR is a last resort for millions of citizens who, in many cases, place their hopes for justice and remedy in the Court.
(Text as sent by the House of Representatives)
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