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STRASBOURG, 05.05.98 – Russia today ratified the COUNCIL OF EUROPE Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols n°1, 4, 7, 9, 10 and 11. It also ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its Additional Protocols and the European Charter of Local Self-Government. Russian Foreign Minister Yevgeni PRIMAKOV handed to Council of Europe Secretary General Daniel TARSCHYS, the instruments of ratification of these texts.
Russia also recognised, with immediate effect, the right of individual petition and the compulsory jurisdiction of the European Court of human rights (Art. 25 and 46 of the human rights convention), which opens the way for Russian citizens to use the Council of Europe’s human rights protection machinery in Strasbourg.
"The countries joined together by the European convention on human rights form a common legal space in Europe, in which the governments and parliaments have committed themselves to respecting fundamental principles of human rights," stressed the Secretary General. "Russia’s joining this common legal space is an historical event, important both for its own citizens and for the rest of Europe.
"Much remains to be done, of course, to bring legal rules and practice into conformity with these principles," he continued. "Violations occur in all European countries, as evident from the judgements of the European Court of Human Rights. Common efforts are needed to bring our practice closer to our objectives," concluded Daniel TARSCHYS.
President of the Council of Europe Parliamentary Assembly Leni FISCHER joined the Secretary General in welcoming the event. "We strongly hope that Russia’s accession to these core legal texts will give a boost to the strengthening of human rights institutions and protection mechanisms in that country, to the improvement of detention conditions and completion of the penitentiary system’s reform, and to the development of local self-government", she said, adding: "The ratification of the human rights convention also means that the Parliamentary Assembly can now elect a Russian judge to the new, permanent human rights court, which will begin functioning in November this year."
This Convention enshrines a number of individual rights and freedoms and provides for international judicial machinery for their protection (European Commission and Court of Human Rights).
The Convention which came into force in 1953 is now binding on all member states of the Council of Europe.
The Additional Protocol to the Human rights Convention, which was signed in March 1952, adds the following to the list of fundamental rights protected under the Convention: the right to the enjoyment of property, the right to education and the right to free elections by secret ballot.
This Protocol is in force in all member States except Andorra and Switzerland (which has signed it).
Protocol n° 4 to the Human Rights Convention secures certain rights and freedoms not yet included in the Convention and its first Protocol : right to liberty of movement and freedom to choose one's residence, bans on States expelling their own nationals and carrying out collective expulsions of aliens.
It is in force in all member States except in Andorra, Greece, Liechtenstein, Malta, Switzerland, Bulgaria, Spain, Turkey and the United Kingdom (these latter four states have signed it).
Entry into force of the Convention and its Protocols n° 1 and 4 for Russia : immediate
Protocol N° 7 guarantees the following rights:
This Protocol is in force in the following States : Albania, Austria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Norway, Romania, San Marino, Slovakia, Slovenia, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Ukraine. It has also been signed by Bulgaria, Germany, Ireland, the Netherlands, Poland, Portugal, Spain and Turkey. This Protocol will enter into force for Russia on 1st August 1998.
Protocol N° 9 enables individual applicants to refer their cases to the European Court of Human Rights.
Under Article 25 of the Convention, individuals who claim to be victims of human rights violations may initiate proceedings against the State responsible, with the European Human Rights Commission. If it fails to reach a friendly settlement, it draws up a report establishing the facts and expressing its opinion as to whether the Convention has been breached.
This Protocol permits individual applicants to seize the Court, whether or not the Commission or State concerned does so.
Although the individual's right to refer his case to the Court is unrestricted, a panel of Judges may nevertheless decide that the case should not be considered. However it can only do so, if it decides unanimously that the case raises no serious question affecting the Convention's interpretation or application and does not for any other reason warrant consideration by the Court. In such cases the Committee of Ministers will have to decide whether or not the Convention has been violated.
It is already in force in Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden and Switzerland. It has also been signed by France, Greece, Lithuania, Malta and Turkey. It will enter into force for Russia on 1st September 1998.
Protocol N° 10 is aimed at improving the control procedure of the COUNCIL OF EUROPE's Convention on Human Rights.
This Protocol modifies the majority rule required when the Committee of Ministers has to decide whether there has been a violation of the Convention in cases which are not referred to by the European Court of Human Rights.
The two-thirds majority provided for in Article 32 is replaced by a simple majority of the members entitled to sit.
The Protocol will enter into force after all Parties to the Human Rights Convention have ratified it. From that date, the Committee of Ministers will only require a simple majority to take decisions when undertaking judicial functions under Article 32 of the Convention.
It has so far been ratified by Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, Switzerland and the United Kingdom. It has also been signed by France, Greece and Hungary.
Protocol n° 11 will set up a single permanent Court in place of the present two-tier system of Commission and Court.
The system will be streamlined. Individuals will have direct access to the new Court. In the vast majority of cases, it will sit in Chambers of 7 judges. It will have jurisdiction in both individual petitions and in inter-State cases.
Only in exceptional cases will the Court, sitting as a Grand Chamber of 17 judges decide more important issues. The President of the Court, the Presidents of Chambers and the judge elected in respect of the State Party concerned will always be able to sit in the Grand Chamber to ensure the quality and consistency of the Court's case-law and to allow for a re-hearing of the most important cases. A panel of five judges of the Grand Chamber will decide whether a case is to be accepted for a re-hearing. Clearly unfounded cases will be declared inadmissible by unanimous decision of committees of three judges.
The Committee of Ministers will no longer decide cases, but it will maintain its important role of ensuring that Governments comply with the Court's judgments.
This Protocol will enter into force for all Council of Europe member States, including Russia, on 1st November 1998.
This Convention provides for the setting up of an international committee empowered to visit all places where persons are deprived of their liberty by a public authority. The committee, composed of independent experts (one per Contracting Party), will be able to make recommendations and suggest improvements in order to strengthen, if necessary, the protection of persons visited, from torture and from inhuman or degrading treatment or punishment.
This preventive, non-judicial machinery is an important addition to the system of protection already existing under the European Convention on Human Rights.
It is in force in all member States except Latvia (where it will enter into force on 1st June 1998) and Lithuania (which has signed it). This text will enter into force for Russia on 1st September 1998.
Protocol No.1 "opens" the Convention by providing that the Committee of Ministers of the Council of Europe may invite any non-member State to accede to it.
So far, it has been ratified by Albania, Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, «the former Yugoslav Republic of Macedonia», Turkey and the United Kingdom.
Protocol No.2 introduces amendments of a more technical nature. Provision is made for members of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT)(*) to be placed in one of two groups for election purposes, the aim being to ensure that one half of the Committee's membership is renewed every two years. The Protocol also provides that members of the CPT may be re-elected twice, instead of only once as at present.
This text has been ratified by Albania, Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, «the former Yugoslav Republic of Macedonia», Turkey and the United Kingdom.
The protocols will enter into force after all Parties to the Convention have agreed to be bound by them.
(*) The CPT, which was set up under this Convention, is composed of members from a variety of backgrounds: lawyers, medical doctors, prison experts, persons with parliamentary experience, etc. The task of the CPT is to examine the treatment of persons deprived of their liberty. For this purpose, it is entitled to visit any place where such persons are held by a public authority. It may formulate recommendations to strengthen, if necessary, their protection against torture and inhuman or degrading treatment or punishment.
This Charter, opened for signature by Council of Europe Member States in October 1985, sets forth the constitutional and legal foundations of local self-government, defines the concept and scope thereof, makes provision for adapting administrative structures and resources to the functions of local authorities, regulates the conditions under which local responsibilities are exercised and describes the principles governing administrative supervision of the activities and financial resources of authorities.
It is already in force in Austria, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania (01.05.98), Slovenia, Spain, Sweden, "the former Yugoslav Republic of Macedonia", Turkey, Ukraine and the United Kingdom. It has also been signed by : Belgium, France, Ireland and Lithuania. It will enter into force for Russia on 1st September 1998.
Founded in 1949, the Council of Europe is the oldest European Organisation. Based in Strasbourg, France, it has 40 member countries and covers every policy area except defence. It is separate from the European Union.
Press Contact
Christiane Dennemeyer, Council of Europe Press Service
Tel. +33 3 88 41 25 63 - Fax. +33 3 88 41 27 89, E-mail: PressUnit@coe.fr
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