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Article 52 ECHR |
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Presentation“The Secretary General of the Council of Europe may, under Article 52 of the European Convention on Human Rights, request “any High Contracting party […to] furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Convention”. Up until 1989, the provision under Article 52 had been applied five times (in 1964, 1970, 1975, 1983, and 1988) each time in respect of all States Party to the European Convention on Human Rights. More recently, the Secretary General has availed himself of those powers on two further occasions: in respect of the Russian Federation (1999-2000), on the manner in which the Convention was being implemented in Chechnya) and in respect of Moldova (2002, as a reaction to the suspension of a political party on the grounds of violating rules concerning public gatherings). In 2005, the Secretary General decided to act under Article 52 of the ECHR following allegations revealed by the press and the civil society about the existence of secret CIA detention centres in Council of Europe member States. |
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| Inquiry | Year | Subject | Adressee | SG Request | Report reference |
| 1st | 1964 | Application of the Convention and its first Protocol | All High Contracting Parties | 09/10/64 | H(67)2 |
| 2nd | 1970 | Art 5§5 (Right to compensation) | All High Contracting Parties | 23/07/70 | H(72)2 |
| 3rd | 1975 | Art 8, 9, 10, 11 | All High Contracting Parties | 09/04/75 | H(76)15 |
| 4th | 1983 | Art 3, 4, 5, 8, 9, 13 ECHR & Art 2 Protocol (Implementation of the ECHR in respect of children and young persons placed in care) | All High Contracting Parties | 25/03/83 | H(86)1H/SG(87)1 |
| 5th | 1988 | Art 6 §1 fair trial & Art 6 §3 proceedings | All High Contracting Parties | 07/07/88 |
H/SG(92)1 H/SG(93)1 |
| 6th | 1999 | Implementation of the ECHR in Chechnya | Russian Federation | 13/12/99 | SG/Inf(2000)21 |
| 7th | 2002 | Implementation of the ECHR in Moldova | Moldova | 04/02/02 | SG/Inf(2002)20 |
| 8th | 2005 | Implementation of the ECHR in respect of the activities of foreign agents and unacknowledged deprivation of liberty, including transport (CIA activities) | All High Contracting Parties | 21/11/05 |
SG/Inf(2006)5 SG/Inf(2006)13 |