Kirill Koroteev: "The Committee of Ministers of the Council of Europe is a very strange forum [...] because it cannot make effective decisions."

posted 16 Feb 2015, 07:00 by Rights in Russia   [ updated 16 Feb 2015, 07:27 ]
"The system of monitoring the execution of decisions of the European Court of Human Rights works very badly. Indeed, one of the proposals put forward by the authors of the declaration is to reform the mechanism of oversight for the execution of decisions, which in their view should neither be diplomatic nor political. They propose that a body should be established with powers established in law. I would say that this should be a body with expertise and professional skills. The Committee of Ministers of the Council of Europe is hindered by politics. Ministers say to themselves: ‘If we don’t forcefully insist that this particular country carried out the judgment against them, then that country won’t insist that we carry out the decision against our own country.’ As a result, the Committee of Ministers of the Council of Europe ends up as a very strange forum, useless in so far as the work is concerned, because it cannot make effective decisions. 

“The declaration is absolutely right in pointing out that for four-and-a-half years now the Committee of Ministers has had the power, under Article 46 (paragraph 4) of the Convention, to transfer a case to the Grand Chamber where there is evidence of systematic failure to execute a judgment. But it has not been used once! 

"A second important point is the participation of civil society and representatives of the claimant in the monitoring. The procedure that exists now is purely a written one that, for both civil society and the representatives of the claimant, is similar to a ‘black box’. They send their comments to the Committee of Ministers and receive at best the response that their observations have been received. But how these observations influence the work of the Committee of Ministers, and whether they have any influence at all, is far from clear.”