Doc. 10575

10 June 2005

Ratification of protocols and withdrawals of reservations and derogations made in respect of the European Convention of Human Rights

Recommendation 1671 (2004)

Reply from the Committee of Ministers

adopted at the 929^th meeting of the Ministers’ Deputies (8 June 2005)

1.       The Committee of Ministers agrees with the Assembly’s view concerning the importance of protocols to the European Convention on Human Rights as a means, in addition to the development of the case law of the European Court of Human Rights, of broadening and strengthening the legal protection offered by the Convention and preserving its dynamic character. It takes the opportunity provided by the present reply to welcome the Assembly’s role as an important source of initiatives in this context.

2.       The Committee also agrees with the desirability of promoting ratification of all additional protocols by all States Parties as well as withdrawal of reservations made to the Convention or its protocols.

3.       In this connection, the Committee draws attention to the fact that member states were indeed encouraged to take such steps in the resolutions adopted by the European Ministerial Conference on Human Rights, held in Rome on 3 and 4 November 2000 on the occasion of the 50th anniversary of the Convention. It wishes to inform the Assembly that reviews of the national situation concerning additional protocols and reservations are in fact under way or regularly carried out in several member states and it has no hesitation in inviting all States to give active consideration to this question. The fact that, at their 896th meeting (22 September 2004) the Ministers’ Deputies decided to bring Recommendation 1671 (2004) to the attention of their governments gives the latter an excellent occasion to do so.

4.       In addition, the Committee of Ministers itself is also active in examining the state of ratification of protocols to the Convention. For example, with regard to the death penalty, after the declaration by the Second Summit of Heads of State and Government calling for universal abolition and in line with the consistent position of the Assembly, the Committee has held twice-yearly debates with a view to ensuring that this penalty is abolished de jure, and Protocol No. 6 ratified, by all member states as soon as possible.¹

5.       In the same vein, the Committee regularly reviews the state of ratification of certain instruments, including Protocols Nos. 12, 13 and 14, at each of the six meetings held every year to supervise the execution of the Court’s judgments.

6.       With regard to Protocol No. 14, which is an amending protocol requiring ratification by all Parties to enter into force, the Committee of Ministers has declared that it is a major priority to achieve this rapidly and has accordingly fixed May 2006 as target date. A “Treaty Event” held in Strasbourg in November 2004 under the aegis of the Norwegian and Polish Chairs of the Committee provided an important impetus in this regard. At a similar occasion during the Third Summit (Warsaw, 16-17 May 2005), three States ratified Protocol No. 14 and one State signed it.

7.       Both the state of ratifications of protocols to the Convention and the situation with respect to reservations are regularly reviewed in the Steering Committee for Human Rights (CDDH), where delegations are invited to provide up to date information on their own countries’ positions and intentions.

8.       The Committee is pleased to add that the serious attention thus regularly given to this issue both in the member states and in the Council of Europe’s bodies is illustrated by the fact that eight signatures and ten ratifications of additional protocols to the Convention have taken place since the adoption of the Assembly’s Recommendation in September 2004, making it possible for Protocol No. 12 to enter into force on 1 April 2005. Given the current practice outlined in the preceding paragraphs and the results obtained, the Committee does not consider it appropriate to fix, as the Assembly suggests, a general three-year deadline for ratification of protocols or the withdrawal of reservations.

9.       As regards derogations made under Article 15 of the Convention, the Committee is pleased to inform the Assembly that, as a result of the withdrawal of the United Kingdom’s notification of derogation as from 14 March 2005, there are currently no derogations in place. This fully confirms the correctness of the Assembly’s view that any such derogations should be exceptional and temporary, as is also borne out by the very wording of Article 15 itself. In response to the Assembly’s invitation to the Committee to examine any notification of derogation received under Article 15, the Committee takes the view that there is no need for it to take a general decision along those lines. It agrees with the CDDH that such a notification could, not necessarily systematically but in appropriate circumstances, be a topic for an exchange of views at one of the latter’s meetings.²

10.       Finally, the Committee of Ministers, acknowledging the responsibility of the legislator in the matters covered by the Recommendation, expresses its confidence that members of the Assembly will use their influence in their national parliaments in favour of any ratifications which may be necessary, not only of the Protocols specifically mentioned in the preceding paragraphs but also Protocols Nos. 1, 4 and 7 to the Convention, and also exercise all due vigilance with regard to legislation forming the subject of reservations or derogations, existing or potential. It takes note with appreciation of the fact that the Assembly has addressed a Resolution to the parliaments of member states on these matters

¹ Most recently on 20 April 2005 at the 920th meeting of the Ministers’ Deputies.

² See the CDDH’s Final Activity Report on the protection of human rights during armed conflict as well as during internal disturbances and tensions, CM(2003)165 Addendum II, § 6.