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Article 52 ECHR

Presentation

Under Article 52 of the European Convention on Human Rights "On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the 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. The Secretary General availed himself of those powers on two further occasions: in respect of the Russian Federation (in 1999-2000, on the manner in which the Convention was being implemented in Chechnya) and in respect of Republic of Moldova (in 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. Link to the file "Alleged secret detentions in Council of Europe member States".

 
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 55 (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)1

H/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