Round table on “Detention on remand - general measures to comply with the European Court judgments”
Warsaw, 9-10 December 2009
On 9 and 10 December, a high level round table “Detention on remand: General Measures to comply with the European Court judgments” was held in Warsaw with the participation of Bulgarian, Moldovan, Polish, Romanian, Russian and Ukrainian authorities. The European Court of Human Rights revealed the problems of unlawfulness and excessive length of detention on remand in its judgments concerning different member States.
The participants acknowledged the gravity of the problems at issue. They underlined the need to ensure that the use of remand in custody is always exceptional and is always justified, considering the fundamental importance of the presumption of innocence and the right to liberty.
The participants exchanged their experiences on the measures taken or under way and adopted a set of conclusions which included the directions to be followed.
They underlined the importance of ensuring a clear and strict legislative framework compatible with the European Convention of Human Rights governing detention on remand. They emphasised that the legislation should be implemented in line with the Convention requirements and with due account to the European Court’s case-law, in particular with regard to relevant and sufficient reasons for ordering detention on remand and its extension. They further noted the need for ensuring that adequate alternatives to deprivation of liberty are provided by domestic legislation and that these alternatives are duly considered before resorting to deprivation of liberty. They also agreed that there should be appropriate mechanisms with a view to identifying and correcting practices incompatible with the Convention requirements.
The round table was organised by the Department for the Execution of Judgments of the European Court of Human Rights thanks to a German voluntary contribution. It was hosted by Polish authorities. Under the European Convention on Human Rights, the European Court's judgments require the adoption by the respondent states, under the Committee of Ministers' supervision, of all measures necessary to grant the applicants appropriate redress and to prevent new similar violations in the future. (Press release)
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