Execution of Judgments of the European Court of Human Rights



       

HUMAN RIGHTS TRUST FUND (HRTF):

Providing support to the implementation of the European Convention
on Human Rights at the national level




The Human Rights Trust Fund finances activities supporting Council of Europe member states efforts in implementing the European Convention on Human Rights and other human rights instruments of the Council of Europe. The Human Rights Trust Fund was established in March 2008 by the Agreement between the Council of Europe, the Council of Europe Development Bank and Norway, later joined by Germany, Netherlands, Finland, Switzerland and United Kingdom.

These projects contribute to national efforts aimed at ensuring full and timely national execution of the judgments of the European Court of Human Rights through structural measures, including training, legislative and regulatory measures.

Link to the Human Rights Trust Fund (Council of Europe Development Bank)












In brief - Round table, Ankara, 20-21 December 2012


The second Round Table Meeting under the HRTF 22 "Freedom of Expression and the Media in Turkey" Project was held in Ankara on 20-21 December 2012 with the participation of experts with national and international expertise and 45 judges and prosecutors working at Turkish High Courts and First Instance Courts. The meeting aimed at creating a forum for judges and prosecutors to discuss how to improve direct application of the judgments of the ECtHR in Turkish legal order. At the end the meeting, the participants expressed their opinions on the strategies to be developed to improve the situation with regard to better protection of the right to freedom of expression and media freedom in Turkey. Six more round table meetings will be held in different cities of Turkey in 2013 under the project.


HRTF 1: Removing obstacles to the enforcement of domestic court judgments

The Human Rights Trust Fund 1 project aims at supporting the beneficiary countries efforts to design and adopt effective norms and procedures at national level for a better enforcement of national courts judgments.

Non-enforcement of domestic courts decisions is one of the most frequent sources of violations found by the European Court of Human Rights. Finding rapid and effective solutions to this problem is a main issue under consideration by the Committee of Ministers in the framework of its supervision of execution of the Courts judgments. The implementation of the Human Rights Trust Fund 1 project is therefore closely linked to the execution of the Courts judgments in the field of non-enforcement of domestic court's decisions.

This project has been implemented in Albania, Azerbaijan, Bosnia and Herzegovina, Republic of Moldova, Serbia and Ukraine.

HRTF 2: Implementation of judgments of the European Court of Human Rights by the Russian authorities

The Human Rights Trust Fund 2 project aims at contributing to the execution of judgments of the European Court of Human Rights finding violations of the Convention concerning actions of security forces in the Chechen Republic (Russian Federation).

HRTF 18: Implementing judgments concerning conditions of detention

The Human Rights Trust Fund 18 Project aims at providing support to the domestic authorities in the execution of European Court judgments concerning conditions of detention. The question of effective remedies to challenge unsatisfactory conditions is in the centre of the activities undertaken within the Project. Six partner countries are involved in the Project: Bulgaria, Poland, the Republic of Moldova, Romania, the Russian Federation and Ukraine.

Examples of activities include the analysis of the compatibility of the draft legislation with the Convention requirements and expert support in the identification of general measures necessary for the execution of the relevant judgments. The latter support includes also the organisation of exchanges of national practices. An important aspect of the activities is the awareness raising of the Convention requirements in the field of conditions of detention.

HRTF 22: Freedom of expression and media in Turkey / Facilitating the execution of judgments of the European Court of Human Rights ECHR.

The Human Rights Trust Fund 3 project aims at supporting the execution of the ECHR judgments and, therefore, enhancing the implementation of the European Convention on Human Rights in the field of freedom of expression and media.

A number of activities will be carried out during the two year project (2012 2013). A first set of activities will include study visits to other Council of Europe member States by some 120 judges and prosecutors, in particular from high courts. These study visits aim at allowing participants to exchange views and share experiences with their counterparts in the implementation of Convention principles.

Other planned activities include round-tables for around 300 judges and prosecutors who work directly on cases concerning freedom of expression and media freedom. A compendium of relevant judgments of the European Court of Human Rights against Turkey, updated regularly and taken in consideration by all the Turkish courts, will also be prepared.

It is hoped that there will be a change of practice of domestic courts, in particular of the Court of Cassation, in the interpretation of Turkish law in line with the European Convention on Human Rights requirements concerning freedom of expression. Moreover, the project will prepare the ground to ensure changes in the Turkish law so that it complies with the European Convention on Human Rights standards.