To Written Question No. 375 by Mr Gunnar Jansson on the draft protocol on the rights of persons who are deprived of their liberty
Reply from the Committee of Ministers
Doc. 7918
22 September 1997
I. Written Question No. 375 of 26 June 1997
Mr JANSSON,
Referring to the recent statutory report (Doc.7841) in which it was mentioned that the Steering Committee for Human Rights, at its 42nd meeting from 3-6 June 1997, had discussed the rights of persons deprived of their liberty;
Considering that it is already several years since the Committee of Ministers informed the Assembly of work going on in respect of a draft protocol to the Human Rights Convention on the rights of persons who are deprived of their liberty,
To ask the Committee of Ministers:
Whether it can give information on the state of work on this most important draft protocol.
II. Reply from the Committee of Ministers (17 September 1997)
The question of a draft protocol to the European Convention on Human Rights securing certain additional rights to persons deprived of their liberty has been under examination by the Steering Committee for Human Rights (CDDH). In 1996, the CDDH decided to transmit the text of a draft protocol No. 12 to the European Commission and the European Court of Human Rights for opinion. After having received these opinions and in the light of them, the CDDH, at its June meeting this year (42nd meeting, 3-6 June 1997), held a general discussion on the advisability of continuing work in this area. It was decided to revert to the question of persons deprived of their liberty at the CDDH meeting in the spring of 1998. At this stage, it is foreseen that the European Committee for the Prevention of Torture and NGOs directly concerned will be invited for an exchange of views on the need to recognise new rights in this area.
The work of the CDDH on this topic has proved to be difficult. It appears necessary to take a fresh look at the question of how a protocol to the Convention could make a meaningful contribution to the protection of the rights of persons deprived of their liberty. In this context, the Committee of Ministers considers that the exchange of views in the CDDH planned for the spring of 1998 can provide a new impetus to the work of the Council of Europe in this important field.