Ludwig Boltzmann Institut für Menschenrechte Ludwig Boltzmann Institute of Human Rights

1. Ludwig Boltzmann Institut für Menschenrechte Ludwig Boltzmann Institute of Human Rights ECHR & CPT The Council of Europe

2. European Organisations and their Member States OSCE 56 Belarus Kazakhstan Kyrgyzstan Tajikistan Turkmenistan Uzbekistan Holy See USA Canada COUNCIL OF EUROPE 47 Iceland, Norway Russian Federation Georgia, Azerbaijan, Armenia Ukraine, Moldova Turkey, Albania, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Macedonia, Andorra, Liechtenstein, Switzerland, San Marino, Monaco EU 27 Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,Germany, Greece,Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom,

3. Standard-setting in the Council of Europe • Considerable standard-setting activity within the CoE (211 treaties) • Human Rights Conventions • - European Convention on Human Rights (ECHR) • - (Revised) European Social Charter (ESC) • - European Convention for the Prevention of Torture (ECPT) • - European Framework Convention for the Protection of National Minorities • and others • Other Standard-Setting activities are carried out by the European Commissioner for Human Rights, European Commission against Racism and Intolerance (ECRI), different committees of the Parliamentary Assembly, Steering Committees of the Committee of Ministers etc.

4. Bodies of the Council of Europe Committee of Ministers 47 Parliamentary Assembly European Court Secretary General 318 of Human Rights Thorbjørn Jagland 47(Norway) Congress of Local and Commissioner for Director General of Regional Authorities Human Rights Human Rights and 318 Legal Affairs Thomas Hammerberg Philippe Boillat (Sweden) (Switzerland)

5. European Convention For The Protection Of Human Rights And Fundamental Freedoms(ECHR) • Opened for signature in Rome (ETS No. 5): 4 November 1950 • Entry into force: 3 September 1953 • 47 states parties • 1954: establishment of the European Commission of Human Rights (up until October 1999, 11th Additional Protocol) • 1959: establishment of the European Court of Human Rights • 11 November 1998: entry into force of the 11th Additional Protocol; establishment of a new single and permanent European Court of Human Rights

6. Ratification of the ECHR

7. Contents of the ECHR and the Additional Protocols • ECHR 1950/53: ETS No. 5, 47 states parties • Article 2 Right to life • Article 3 Prohibition of torture and inhuman or degrading treatment • Article 4 Prohibition of slavery and forced or compulsory labour • Article 5 Right to liberty and security of person • Article 6 Right to a fair and public trial within a reasonable time • Article 7 Prohibition of retroactive criminal laws (nulla poena sine lege) • Article 8 Right to respect for private and family life, home and correspondence • Article 9 Freedom of thought, conscience and religion • Article 10 Freedom of expression • Article 11 Freedom of assembly and association • Article 12 Right to marry and found a family • Article 13 Right to an effective remedy • Article 14 Accessory prohibition of discrimination

8. Contents of the ECHR and the Additional Protocols • 1st AP 1952/54: ETS No. 9, 45 states parties • Article 1 Right to peaceful enjoyment of possessions • Article 2 Right to education and free choice of education • Article 3 Right to free elections by secret ballot • 4th AP 1963/68: ETS No. 46, 43 states parties • Article 1 Prohibition of detention for debt • Article 2 Freedom of movement • Article 3 Prohibition of expulsion of nationals • Article 4 Prohibition of collective expulsion of aliens • 6th AP 1983/85: ETS No. 114, 46 states parties • Article 1 Abolition of the death penalty in times of peace

9. Contents of the ECHR and the Additional Protocols • 7th AP 1984/88: ETS No. 117, 42 states parties • Article 1 Procedural safeguards relating to expulsion of aliens • Article 2 Right of appeal in criminal matters • Article 3 Compensation for miscarriage of justice • Article 4 Right not to be tried (ne bis in idem) or punished twice • Article 5 Equality between spouses • 12th AP 2000/2005: ETS No. 177, 18 states parties • Prohibition of discrimination • 13th AP 2002/2003: ETS No. 187, 42 states parties • Article 1 General abolition of the death penalty in all circumstances • 14th AP 2004/2010: ETS No. 194, 47 states parties • Amending the control system of the Convention

10. Individual Complaints Procedure • Conditions of Admissibility (article 35 ECHR) • Exhaustion of domestic remedies • Application lodged within six months after the final national decision • No anonymous applications • No application that is substantially the same as a matter that has already been examined by the Court or that has been submitted to a comparable international procedure • No application that is incompatible with the provisions of the Convention, manifestly ill-founded or an abuse of the right of application • The alleged violation must be to the applicant’s personal detriment (victim requirement, no actio popularis) • The event must have occurred after the Convention’s entry into force for the state concerned

11. The European Court of Human Rights Complaints Procedures until 1998 Inter-state complaint (mandatory) Individual complaint (optional) European Commission of Human Rights admissible Inadmissible Decision Report European Court of Human Rights Judgement (optional) Committee of Ministers Resolution (mandatory) Committee of Ministers (supervising)

12. The European Court of Human Rights • 1 November 1998: entry into force of the 11th OP to the ECHR: • Restructuring of the Strasburg complaints procedure: new single full-time European Court of Human Rights • Aim of the reform: simplifying the procedure (in view of the increase of the applications registered – 1981: 404, 1997: 4750) • - Shortening the length of proceedings • - Strengthening the judicial character of the system • - Abolishing the Committee of Ministers’ adjudicative role • Dissolving the European Commission of Human Rights • Removing optional clauses concerning individual complaints and the jurisdiction of the Court Complaints Procedures Reform 1998

13. The European Court of Human Rights Procedure before the Court: 11th AP to the ECHR

14. The European Court of Human Rights Procedure before the Court: 14th AP to the ECHR

15. Inter-State Complaints

16. Individual Complaints 1955–2009 Source: CoE

17. Individual Complaints 1955–2009 Source: CoE

18. Individual Complaints 1959–2009 Source: CoE

19. Source: CoE

20. Pending allocated cases Source: CoE

21. Source: CoE

22. European Convention for the Prevention of Torture • Emphasis on the prevention of torture through a system of preventive visits to places of detention • „The ECPT is based on the simple assumption that the greatest risk of being tortured is during detention, especially in the first few hours or days of having been arrested [...] Therefore, if an independent body is given the competence to visit and inspect any given place of detention without prior warning, that visit in itself would have a preventive effect“ • Committee for the Prevention of Torture (CPT), established in 1989, carries out periodic country visits and ad-hoc visits • Competences of the CPT • - access to all places of detention, and all detainees • - access to all relevant information • - unanounced visits and private interviews • Publication of reports on country visits and standard-setting

23. CPT – Visits Overall 296 visits: 178 periodic visits 118 ad hoc visits  247 CPT Reports published Source: CPT

24. CPT – Visits in 2010