Reform of the European Court of Human Rights

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Plenary bodies

Steering Committee for Human Rights (CDDH)

Committee of Experts on the Reform of the Court (DH-GDR)
 

Drafting Groups on the Reform of the Court

GT-GDR-A

GT-GDR-B

GT-GDR-C

GT-GDR-D

GT-GDR-E
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GT-GDR-G

 

High level Conferences

Brighton, 18-20/04/2012

Declaration
Proceedings
Background documents

Izmir, 26-27/04/2011

Declaration
Proceedings
Background documents

Interlaken, 18-19/02/2010

Declaration
Proceedings
Preparatory contributions
Background documents

Strasbourg, 20 March 2013
 

GT-GDR-D(2013)OJ001
 
 

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

DRAFTING GROUP ‘D’ ON THE REFORM OF THE COURT
(GT-GDR-D)

______

1st meeting

Strasbourg

Wednesday 10 April (9:30 a.m.) – Friday 12 April 2013
(close of meeting: 1 p.m.)

Agora, room G04

______

DRAFT ANNOTATED AGENDA

_____

Item 1: Opening of the meeting, adoption of the agenda and order of business, election of a Vice-Chairperson

General documents

- Draft annotated agenda

GT-GDR-D(2013)OJ001

    Report of the 77th meeting of the CDDH (19-22 March 2012)

CDDH(2013)R77

- Report of the 75th meeting of the CDDH (19-22 June 2012)

CDDH(2012)R75

- Report of the 3rd meeting of the DH-GDR (13-15 February 2013)

DH-GDR(2013)R3

- Report of the 2nd meeting of the DH-GDR (29-31 October 2012)

DH-GDR(2012)R2

- Brighton Declaration

CDDH(2012)007

- Follow-up to the high level Conference on the future of the European Court of Human Rights (Brighton, 18-20 April 2012)

CDDH(2012)009REV.

- Resolution of the Committee of Ministers on intergovernmental committees and subordinate bodies, their terms of reference and working methods

CM/Res(2011)24

Once the Chairperson has opened the meeting, the Group is invited to adopt the agenda and order of business. It is then invited to proceed to the election of its Vice-Chairperson, in accordance with Committee of Ministers’ Resolution CM/Res(2011)24.

Item 2: Terms of reference and working methods

Reference document

- Follow-up to the high level Conference on the future of the European Court of Human Rights (Brighton, 18-20 April 2012)

CDDH(2012)009REV.

The Group is invited briefly to exchange views on its terms of reference, in particular their procedural aspects and the working methods that it proposes to employ in order to fulfil them.

Item 3: Toolkit to inform public officials about the State’s obligations under the Convention

Working document

- Draft toolkit to inform public officials about the State’s obligations under the Convention (prepared by Mr Martin Eaton, expert consultant)

GT-GDR-D(2013)001

Reference document

- Proposed outline for a toolkit to inform public officials about the State’s obligations under the Convention (prepared by Mr Martin Eaton, expert consultant)

DH-GDR(2013)002

The Brighton Declaration invited the Committee of Ministers “to prepare a toolkit that States Parties could use to inform public officials about the State’s obligations under the Convention” (paragraph 9.f).iii)).

At its 2nd meeting, the Committee of experts on the Reform of the Court (DH-GDR) designated Mr Martin EATON as expert consultant to prepare the draft toolkit, and gave him the following guidance (doc. DH-GDR(2012)R2, item 4.2):

    - The principal target audience would be those categories of public official mentioned in paragraph 9.c)v) of the Brighton Declaration, although it should be made as widely useful as possible;
    - The content, tone and length of the toolkit should be such as to make it relevant, accessible and comprehensible to persons in these categories – it should assume no prior knowledge of law or the Convention;
    - The final product need not necessarily be a single text but could rather be a set of materials allowing flexible use in different national legal systems and different formats;
    - It should be borne in mind that the toolkit would need translation into national official languages;
    - The expert should take account of existing relevant material produced within the Council of Europe or by other actors, including national training bodies, the European Union Agency for Fundamental Rights, etc.

At its 3rd meeting, the DH-GDR examined and approved the outline proposed by Mr Eaton (doc. DH-GDR(2013)002) and provided the following additional guidance (doc. DH-GDR(2013)R3, 11):

    - “Officials responsible for the deprivation of a person’s liberty” should be taken to mean not only prison officers but also other relevant officials;
    - There should, where appropriate, be footnote references to the names of particular Court judgments;
    - In paragraph 4, the toolkit should address also obligations arising under Article 2 concerning deaths in detention;
    - Preparatory work should involve consultation of non-Council of Europe materials from not only the EU Agency for Fundamental Rights.

Further to the presentation by Mr Martin Eaton of the draft toolkit, the Group is invited to proceed to a first consideration of the text with a view of providing possible guidelines for its finalisation.

Item 4: Guide to good practice in respect of domestic remedies

Working document

- Draft Guide to Good Practice in respect of domestic remedies (prepared by the Secretariat)

GT-GDR-D(2013)002

Reference documents

- Possible structure for a Guide to Good Practice in respect of domestic remedies (prepared by the Secretariat)

DH-GDR(2013)001

- Compilation of the replies received to the questionnaire on domestic remedies sent to the member States

GT-GDR-D (2013)003
(document not finalised)

- Report of the CDDH on measures taken by member States to implement relevant parts of the Interlaken and Izmir Declarations

- Compilation of replies to Question III, Action Plan 4 of the questionnaire as sent to member States, related to the introduction of new legal remedies

GT-GDR-A(2012)008 REV

- Recommendation Rec(2004)6 of the Committee of Ministers to member States on the improvement of domestic remedies

Rec(2004)6

- Recommendation CM/Rec(2010)3 of the Committee of Ministers to member States on effective remedies for excessive length of proceedings

CM/Rec(2010)3

- Guide to good practice accompanying Recommendation CM/Rec (2010)3

 

- Review of the implementation of Rec(2004)6

CDDH(2008)008 Add. I

The Brighton Declaration invited the Committee of Ministers “to prepare a Guide to good practice in respect of domestic remedies” (paragraph 9.f)ii)).

At its 2nd meeting, the DH-GDR examined and approved the possible structure prepared by the Secretariat, including the appended questionnaire sent to member States, with the following additional guidance: (doc. DH-GDR(2013)R3, 10):

    - Article 13 envisaged not only judicial remedies;
    - When identifying good practices, the particular requirements of specific situations (e.g. vulnerable groups) should be taken into account;
    - Account should be taken also of work at the UN level, e.g. the OPCAT;
    - The importance of preventive measures should be recalled;
    - The distinction between the requirements of Articles 13 and 35 of the Convention should be explained;
    - The second section should take account of different types of remedies (preventive, compensatory, legislative, judicial etc.);
    - The rationale for identifying priority areas should take account of priority issues identified by the Court;
    - Rather than “detention conditions”, the guide should deal with Articles 3 and 5 more broadly (“deprivation of liberty, treatment in detention and detention conditions”), and should also cover detention on mental health grounds;
    - Rather than “asylum” in any broad sense, the guide should deal with the issue of suspensive remedies against removal on Convention grounds, in accordance with the Court’s case-law;
    - The guide should also cover investigations under the procedural limbs of Articles 2 and 3;
    - The guide should clarify that there was no implication of a requirement to introduce general remedies;
    - Further to paragraph 9.c.iv. of the Brighton Declaration, an additional, final section should address the effects of and attention paid to the Court’s case-law in national jurisdictions.

The Group is invited to proceed to a first examination of the draft Guide prepared by the Secretariat. It is then invited to take any decision necessary for the finalisation of the draft text.

Item 5: Ways to resolve the large numbers of applications arising from systemic issues identified by the Court

Reference documents

- Conclusions and possible proposals for action on ways to resolve the large numbers of applications arising from systemic issues identified by the Court (reference document prepared par le Secretariat)

DH-GDR(2013)003

- Report of the CDDH on advisability and modalities of a procedure on representative applications

CDDH(2013)R77 Addendum IV

The Brighton Declaration encouraged “the States Parties, the Committee of Ministers and the Court to work together to find ways to resolve the large numbers of applications arising from systemic issues identified by the Court, considering the various ideas that have been put forward, including their legal, practical and financial implications, and taking into account the principle of equal treatment of all States Parties” (paragraph 20.).).

At its 3rd meeting, the DH-GDR examined the background paper prepared by the Secretariat (doc. DH-GDR(2013)003) and considered that the GT-GDR-D should undertake a dual exercise: reflect upon possible new ways to address the problem of repetitive applications; and examine existing ideas, including the Court’s proposal to introduce a default judgment procedure (see doc. GT-GDR-C(2012)001, para. 21).

The Group is invited to begin addressing the issue raised by the Brighton Declaration, in the light of the guidance given by the DH-GDR and the information elements provided by the Registry of the Court. It is then invited to decide on the way it should proceed to achieve a result to be transmitted to the DH-GDR following its second meeting.

Item 6: Organisation of future work

The Committee is invited to take any necessary decisions on the organisation of its future work, with a view to its second and final meeting (15-17 May 2013).

Item 7: Other business

Item 8: Adoption of the conclusions and meeting report

Working document

- Draft Report of the 1st meeting of the GT-GDR-D (10-12 April 2013)

GT-GDR-D(2013)R1

The Group is invited to adopt the final decisions of the meeting.