17 June 1992

Doc. 6635

MOTION FOR A RECOMMENDATION

on the reform of the control mechanisms

of the European Convention on Human Rights

presented by Mr VOGEL and others

The Assembly,

1.       Considers that there is a considerable backlog of cases pending before the European Commission of Human Rights (in December 1991, the number of cases pending was 2,433, more than 1,670 of which had not yet been considered) and that the number of cases before the European Court of Human Rights greatly increased in recent years (31 in 1989, 61 in 1990 and 93 in 1991).

2.       As a result the procedures before the control organs of the Human Rights Convention frequently take more than five years which is contrary to the spirit, if not the text (article 6), of the Convention itself.

3.       Yet the Assembly is of the opinion that not more than two years should elapse between the moment an individual files his application with the Secretary General and the final decision of the Court.

4.       The number of applications submitted to the Commission and the Court is likely to increase even more when more member states are ratifying the convention and this is likely to happen when more states adhere to the Council of Europe.

5.       Likewise the number of members of the European Commission (now 23 and soon 24) and judges of the Court (now 26 and soon 27) which have already increased considerably, are likely to increase even more and may be 35 to 40 for each of these organs in the year 2000.

6.       Given the workload and the importance of the two organs there may be good reasons to turn membership of the Court and of the Commission into half-time or even full-time positions.

7.       The Assembly is greatly concerned that, although projects for the reform of the control mechanisms of the convention have already been launched in 1985 and the Assembly clearly expressed itself in favour of such reform in its Recommendation 1087 (1988), the work of the Committee of Ministers in this respect has not yet led to any concrete results.

8.       The Assembly therefore recommends that the Committee of Ministers speed up its work concerning the reform of the control mechanisms of the European Convention on Human Rights.

Signed:       VOGEL, AMARAL, HALLER, STOFFELEN, LENTZ-CORNETTE, SOUTENDIJK-VAN APPELDOORN, WORMS, STRIMITZER, SUCHOCKA, KIRKHILL, GUNDERSEN.