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Recommendation 1876 (2009)
State of human rights in Europe: the need to eradicate impunity
1. The Parliamentary
Assembly, referring to its Resolution
1675 (2009) on the state of human rights in Europe: the need to
eradicate impunity, considers the eradication of impunity for perpetrators,
instigators and organisers of serious human rights violations as
a priority for Council of Europe action, as a matter of individual justice,
deterrence and upholding the rule of law.
2. The Assembly therefore welcomes the follow-up already given
by the Committee of Ministers to its Recommendation 1791 (2007) on the state of human rights and democracy in Europe
and invites the Committee of Ministers to speed up and intensify
its work on elaborating Council of Europe guidelines on human rights
and the fight against impunity. These guidelines should:
2.1. draw from the case law of the
European Court of Human Rights, from the work of the Committee of
Ministers on execution of judgments, the pertinent resolutions and
recommendations of the Assembly and the work of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment, as well as from the work of the United Nations and
relevant non-governmental organisations on this subject;
2.2. stress that state secrecy and immunities do not prevent
effective, independent and impartial investigations into serious
human rights violations – including in relation to the secret detentions
and unlawful interstate transfers of individuals that have taken
place in and throughout Europe – and that those responsible should
be held to account;
2.3. clearly state that immunity of international actors for
serious human rights violations, in particular violations of non-derogable
rights such as the right to life, is unacceptable;
2.4. specify which measures shall be taken and remedies made
available at national and international levels to tackle all forms
of impunity.
3. The Assembly calls on the Committee of Ministers to instruct
the Ad hoc Committee on Preventing and Combating Violence against
Women and Domestic Violence (CAHVIO) to ensure that the future Council
of Europe convention effectively combats impunity for the authors
of gender-based violence by including the severest and most widespread
forms of violence against women, including domestic violence and
so-called “honour crimes”.
4. As regards the role of the Committee of Ministers in supervising
the execution of judgments of the European Court of Human Rights,
the Assembly:
4.1. welcomes the
stand taken by the Committee of Ministers in determining that there
exists a continuing obligation to conduct effective investigations
in so far as procedural violations of Articles 2 and 3 of the European
Convention on Human Rights (ETS No. 5) are concerned;
4.2. encourages the Committee of Ministers to explore the possibility
for states to re-open domestic legal proceedings subsequent to a
ruling of the European Court of Human Rights finding the domestic investigations
or proceedings fundamentally flawed, to prevent criminals from being
granted impunity by virtue of the ne
bis in idem rule.
5. The Assembly invites the Committee of Ministers to examine
the advisability of establishing an independent European committee
to investigate serious allegations of gross and systematic violations
of human rights.