Transitional Justice and Human Rights Protection in Europe
The spectre of violent conflicts and dictatorships still lingers across several regions and countries of Europe, making the full enjoyment of human rights, democracy and the rule of law illusory for many Europeans. Continuing instability, deep divisions, the lack of resources and of functioning institutions make reconciliation and the rebuilding of peace in affected societies a daunting challenge which states have to confront.
While there is no unique package of measures for dealing with, past or on-going, serious human rights violations, history shows that durable solutions cannot be achieved unless they are based on the pillars of justice, reparations, truth, and guarantees of non-recurrence.
Whatever combination of transitional justice measures is chosen by states, it must be in conformity with European human rights standards, notably those emanating from the European Convention on Human Rights and the Strasbourg Court’s case law.
During his country visits and continuous dialogues with national authorities and civil society the Commissioner takes note of the progress achieved. He also identifies the remaining challenges and provides advice to member states on ways to ensure the respect of human rights in the context of transitional justice processes.
Case law of the European Court of Human Rights
- Ališić and others v. BiH, Croatia, Serbia, Slovenia and “the former Yugoslav Republic of Macedonia” - Grand Chamber final judgment of 16 July 2014, concerning to non-payment of ‘old savings’ accounts denominated in foreign currency
- Zornić v. Bosnia and Herzegovina - judgment of 15 July 2014, concerning ineligibility to stand for election to the second chamber of the State parliament and to the collective Head of State
- Jelic v. Croatia - jugment of 12 June 2014, concerning no adequate investigation into the death of husband killed by the Croatian police
- Marguš v. Croatia - final judgment of 27 May 2014, concerning the application of amnesty on a war-related crimes case
- Maktouf and Damjanović v. BiH - Grand Chamber judgment of 18 July 2013, concerning the retroactive application of criminal law laying down heavier sentences for wartime crimes than the law in force when the crimes were committed
- Kuric and others v. Slovenia - Grand Chamber judgment of 26 June 2012, concerning the ‘erased' persons
- Janowiec and others v. Russia - Grand Chamber judgment of 21 October 2013, concerning missing persons in the Katyn case
- Palic v. Bosnia and Herzegovina - judgment of 15 February 2011, concerning a state's procedural obligation to investigate into a case of missing person
- Jularic v. Croatia - judgment of 20 January 2011, concerning inadequate and ineffective investigation into the circumstances surrounding the killing of the applicant's husband
- Skendžic and Krznaric v. Croatia - judgment of 20 January 2011, concerning ineffectiveness and the lack of independence of the authorities involved in investigating the disappearance of the applicants' close relative
- Đokić v. BiH - final judgment of 4 October 2010, concerning the right of the applicant, a former member of the armed forces of the former Yugoslavia, to regain the possession and register the ownership of his pre-war apartment in the Federation of BiH
- Čolic and others v. BIH - final judgment of 28 June 2010, concerning the non-enforcement of final domestic court decisions ordering payment of war damages
- Sejdic and Finci v. Bosnia and Herzegovina - Grand Chamber judgment of 22 December 2009, concerning the applicants' ineligibility to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina on the ground of their Roma and Jewish origin
- Radanović v. Croatia - final judgment of 21 March 2007, concerning the applicant’s right to her property which was allocated for use to another person during the war in Croatia
UN Treaty Bodies jurisprudence
- UN Human Rights Committee, Communication No 1510/2006, Dušan Vojnovic v. Croatia, Views of 30/03/2009 (case concerning proceedings in relation with the termination of the author's specially protected tenancy)
Documents by the Council of Europe Committee of Ministers
PACE resolutions and recommendations relating to the post-war justice
- Resolution 1096 (1996) Measures to dismantle the heritage of former communist totalitarian systems
- Resolution 1785 (2011) on the obligation of member and observer states of the Council of Europe to co-operate in the prosecution of war crimes
- Resolution 1786 (2011) on the reconciliation and political dialogue between the countries of the former Yugoslavia
- Resolution 1784 (2011) on the protection of witnesses as a cornerstone for justice and reconciliation in the Balkans
- Resolution 1708 (2010) on solving property issues of refugees and displaced persons
- Recommendation 1880 (2009) on history teaching in conflict and post-conflict areas
Council of Europe treaties
- European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes
- European Convention on Extradition
- Additional Protocol to the European Convention on Extradition
- Second Additional Protocol to the European Convention on Extradition
- Third Additional Protocol to the European Convention on Extradition
- European Convention on Nationality
- Council of Europe Convention on the avoidance of statelessness in relation to State succession
* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.