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Newsletter #3 March 2017

Focus

EIN welcomes cooperation with NGOs and the CoE upon its establishment in Strasbourg


It is our great pleasure to share the recent developments relating to the European Implementation Network (EIN) with you. Initially conceived as a project of Judgment Watch, with the support of the Open Society Justice Initiative (OSJI), the EIN has been registered as an association in Strasbourg in January 2017 to start its life as an independent organization dedicated to supporting and monitoring implementation of judgments of the European Court of Human Rights (ECtHR).
 
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EIN and OSJI quarterly briefing discusses cases from Azerbaijan, Belgium & Greece, Romania, Moldova and Russia


On 20 February 2017, the European Implementation Network (EIN) and the Open Society Justice Initiative (OSJI) convened its quarterly civil society briefing to the Committee of Ministers ahead of the Committee's human rights meeting on 7-9 March 2017. Read more

Committee of Ministers holds its quarterly meeting on the implementation of ECtHR judgments


On 7-10 March 2017, the Committee of Ministers held its 1280th human rights meeting during which it examined the state of implementation of judgments of the European Court of Human Rights. Further information on the cases debated and decisions adopted can be found here. The indicative list of cases to be debated in its forthcoming meeting on 6-8 June 2017 can be found here.

Latest NGO submissions to the Committee of Ministers by EIN partners

  • Rasul Jafarov v Azerbaijan (unlawful pre-trial detention of a human rights defender) by applicant's lawyers here and here
  • Mahmudov and Agazade v Azerbaijan (arbitrary application of criminal laws to limit freedom of expression) by Amnesty International 
  • M.S.S v Belgium and Greece (degrading treatment of asylum seekers) by Amnesty International 
  • Centre for Legal Resources on behalf of Valentin Campeanu v Romania (failure to protect one's life in a psychiatric hospital) by Centre for Legal Resources
  • Garabayev v Russia (violations related to extradition) by Amnesty International

New amendments to CM rules on supervision of execution of ECtHR judgments


At its meeting on 18 January 2017, the Committee of Ministers adopted amendments to rule 9 of the Rules of the Committee of Ministers for the supervision of execution of judgments of the European Court of Human Rights. The new rules allow international organisations and bodies to address the Committee on the execution of ECtHR judgments and present their positions and recommendations. Additionally, it introduced new deadlines for the circulation and publication of communications of the Committee. Read more
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EIN Voices
Discrimination against Roma in education: waiting for changes on the ground   

by Štěpán Drahokoupil

Ten years ago, in 2007, the ECtHR rendered judgment in D.H. and others v. the Czech Republic. It addresses issues of Roma children being diagnosed as children with “mild mental disability” and enrolled into special education because of their ethnicity. Read more
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EIN Voices
New HUDOC EXEC database on execution of ECtHR judgments: the EIN test drive  

by Başak Çalı, EIN Chair 

We strongly welcome the news that the Committee of Ministers has launched the HUDOC EXEC database. The EIN conducted a test drive to share with the EIN community. Here is our verdict.
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Helsinki Foundation for Human Rights report on implementation of ECtHR judgments in Poland 


In March 2017, HFHR published a report, which analyses Poland's efforts to comply with ECtHR judgments and identifies key structural problems related to implementation. Read more
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Migrant ill-Treatment in Greek law enforcement - are the Strasbourg Court judgments the tip of the iceberg? 


In his paper, Nikolaos Sitaropoulos of the Office of the Council of Europe Commissioner for Human Rights provides an analysis of the first major judgments of the Strasbourg Court against Greece and the process of supervision of these judgments’ execution. Read more

Views on Article 46(4) of the Convention: Infringement Proceedings

  • 'Mission Impossible? Addressing Non-Execution through Infringement Proceedings in the European Court of Human Rights' by Fiona de Londras and Kanstantsin Dzehtsiarou 
  • 'Azerbaijan: Is it Time to Invoke Infringement Proceedings for Failing to Implement Judgments of the Strasbourg Court?' by Ramute Remezaite for EJIL Talk
  • 'The Council of Europe's Possible Resort to 'Infringement Proceedings' against Azerbaijan for Failing to Release Ilgar Mammadov is a Test of its Resolve to Right the Wrongs' by Amnesty International

Events


On 1-2 June 2017, the University of Konstanz organises a conference entitled 'Principled Resistance against ECtHR Judgments - a New Paradigm?'.  More information on the conference can be found here.
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The EIN serves as a hub and a resource for European NGOs who seek to engage constructively with the Council of Europe for better implementation of judgments of the European Court of Human Rights, while also pursuing vigorous national­ level advocacy.
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