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Committee on legal affairs and human rights (As/Jur)
(February 2010)
The Committee on Legal Affairs and Human Rights plays a major role in promoting the rule of law and defending human rights in the Parliamentary Assembly. It is also responsible for a whole variety of activities that make it, de facto, the Assembly's legal adviser.
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The Committee (AS/Jur) comprises 84 members and their alternates. It deals with a huge range of legal topics, appointing parliamentary rapporteurs mandated to prepare reports based on solid in situ research and hearings of experts. This work culminates in resolutions and recommendations of the Parliamentary Assembly (PACE) addressed to member states and other Council of Europe bodies.
The Committee has four sub-committees: on human rights, on crime problems and the fight against terrorism, on rights of minorities, and on the election of judges to the European Court of Human Rights.
The Committee and its sub-committees play an important role in the election, by the Assembly, of the judges of the European Court of Human Rights and the Council of Europe Commissioner for Human Rights, as well as in the election, by the Committee of Ministers, of members of the European Committee for the Prevention of Torture.
When requested by the Committee of Ministers, the Assembly gives its opinion – usually based on a text prepared by the AS/Jur – on draft conventions prior to their final adoption (most recently on the draft Protocol 14 bis to the Convention for the Protection of Human Rights and Fundamental Freedoms).
The Committee sends representatives to meetings of numerous Council of Europe bodies, including the European Commission for Democracy through Law (Venice Commission) and the European Commission against Racism and Intolerance (ECRI).
After playing a key role in the Organisation's enlargement after the fall of the Berlin Wall (through its opinions on any new applications for Council membership), much of the Committee's work in recent years has focused on
- reinforcing the system of human rights protection in Europe
- respect for human rights in the fight against terrorism
- combating impunity
- combating discrimination and promoting respect for diversity
For more details, see the Committee's work programme.
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Reinforcing the system of human rights protection in Europe
The Committee is keenly aware of the uniqueness of the European human rights protection system, in which the jewel in the crown is undeniably the European Convention on Human Rights (ECHR). Application of the ECHR is guaranteed by the European Court of Human Rights, which is struggling under the weight of applications.
The Committee is actively committed to guaranteeing the long-term
effectiveness of the Convention system. It has considered the issue of the effectiveness
of the ECHR at national level and
regularly examines the implementation of judgments of the Court (AS/Jur
(2009) 36 + Addendum).
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Work in progress: The Committee is currently
preparing reports on "Guaranteeing the authority and effectiveness of
the European Convention on Human Rights", and on “Ad hoc judges:
a problem for the legitimacy of the European Court of Human Rights”.
The Committee also has an ongoing brief to present reports on the implementation
of the Strasbourg Court's judgments. The Committee organised a hearing leading
up to the Interlaken Conference which will look into the question of the future
of the Court.
See the conclusions of Chairperson Däubler-Gmelin (AS/Jur
(2010) 06) and the declassified Minutes (AS/Jur
(2010) 08).
NB: Non-ratification of Protocol No. 14 to the ECHR by the Russian Federation
The Committee has held several exchanges of views on this subject with representatives of the State Duma of the Russian Federation.
See: http://assembly.coe.int/CommitteeDocs/2008/20080905_ajdoc45_2008.pdf
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Respect for human rights in the fight against terrorism
In the new international climate that has emerged since the terrorist attacks of 11 September 2001, the Committee has been at the forefront of the Assembly's condemnation of all forms of terrorism. In its reports, the Committee has insisted that terrorism can and must be combated effectively by means that fully respect human rights and the rule of law.
Work in progress: The Commission is currently preparing a report entitled “Human rights and the fight against terrorism”. The Committee is preparing a follow-up report to the “Marty reports” on secret detentions: “Abuse of state secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations”.
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Combating impunity
Impunity for grave human rights violations has been condemned in a number of reports recently adopted or being prepared by the Committee.
• Judicial corruption undermines the rule of
law and allows impunity to flourish (01/2010); see AS/Jur Report
(Doc.
12058); Resolution
1703 (2010) and Recommendation
1896 (2010)
• “Whistle-blowers” make democracies stronger (09/2009): see AS/Jur Report (Doc. 12006)
• The independence of the judicial system is the principal line of defence against political interference in the law, according to PACE (09/2009); see AS/Jur Report (Doc 11993); Resolution
1685 (2009)
• Fight against impunity: a priority for PACE (06/2009); see AS/Jur Report (Doc. 11934); Resolution
1675 (2009) and Recommendation
1876 (2009)
• PACE reminds European governments of their obligation to protect human rights defenders (04/2009); see AS/Jur Report (Doc. 11841); Resolution
1660 (2009)
and Recommendation
1866 (2009)
• A state of emergency should be ‘a last resort’, parliamentarians warn (04/2009); see AS/Jur Report (Doc. 11858); Resolution
1659 (2009) and Recommendation
1865 (2009)
• The Assembly reiterates its firm commitment to the ICC in the fight against impunity (01/2009); see AS/Jur Report (Doc. 11722); Resolution
1644 (2009)
• PACE wants action to bring to justice those who ordered murder of Georgiy Gongadze (01/2009); see AS/Jur Report (Doc
11686); Resolution 1645 (2009) and Recommendation 1856 (2009)
• The PACE appeals to judges, prosecutors and police officers in Belarus to show "courage and imagination" in order to mitigate the effects of abusive legislation (06/2008); see AS/Jur Report on Abuse of the criminal justice system in Belarus (Doc.
11464) and Addendum; Resolution
1606 (2008) and Recommendation
1832 (2008)
• The PACE criticises the "blatant lack of political will" of certain states and entities of the former Yugoslavia to prosecute war criminals (06/2007); see AS/Jur Report on Prosecution of offences falling within the jurisdiction of the International Criminal Tribunal for the former Yugoslavia (TPIY) (Doc
11281); Resolution
1564 (2007) and Recommendation
1803 (2007)
• The PACE invokes the Committee of Ministers’ responsibility vis-à-vis one of the most serious human rights situations affecting a member state (01/2006); see AS/Jur Report on Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns (Doc.
10774 rev); Resolution
1479 (2006) and Recommendation
1733 (2006)
• Enforced disappearances are "on a par with torture and murder" (2005/2004); see AS/Jur Report (Doc. 10679); Resolution 1463 (2005) and Recommendation 1719 (2005) / Report on Disappeared persons in Belarus (Doc. 10062); Resolution 1371 (2004) and Recommendation 1657 (2004)
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Work in progress: The Committee is currently preparing reports on legal remedies for human rights violations in the North Caucasus region, on the obligation of member states of the Council of Europe to cooperate in prosecution of war crimes, on a possible Europe-wide sex offenders register, on the protection of witnesses in the Balkans, on the CPT and the monitoring of places of detention ,allegations of inhuman treatment of people and illicit trafficking in human organs in Kosovo and on political prisoners in Azerbaijan. The Committee will also assess the appropriateness of setting up an independent European committee to investigate serious allegations of gross and systematic violations of human rights.
Moreover, the Committee has a standing mandate to present reports concerning the situation of human rights defenders in Council of Europe member states.
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Combating discrimination and respecting diversity
The Committee reiterates in its work that diversity must be seen not as a threat but as an opportunity, a source of enrichment, and that any attempt to impose an identity on an individual or group of people is inadmissible.
• The situation of Roma in Europe and relevant activities of the Council of Europe (01/2010); see AS/Jur Report (Doc. …)
• Greece and Turkey should treat all their religious minorities according to European standards, says PACE (01/2010): see AS/Jur Report (Doc. 11860); Resolution 1704 (2010)
• AS/Jur proposes that all member states sign up to the Council of Europe’s standards in the field of minority protection in Europe (12/2009); See AS/Jur Report (Doc. 12109)
• PACE welcomes the initiatives of Serbia regarding the rights of minorities, but draws up a list of other measures to be taken (06/2008); see AS/Jur Report (Doc.
11528); Resolution
1632 (2008) and Recommendation
1845 (2008)
• PACE invites Turkey to take a "positive attitude" towards the ethnic Greek islanders on two Turkish Aegean sea islands (06/2008); see AS/Jur Report (Doc.
11629); Resolution
1625 (2008)
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Work in progress: The Committee is currently preparing reports on the European Charter for Regional or Minority Languages, on the situation of the Muslim minority (who regard themselves as Turks) in Rhodes and Kos, as well as on the possible drafting of an additional protocol to the European Convention on Human Rights on basic standards for national minorities.
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