- EXECUTION OF JUDGMENTS
Underlining the importance of creation of the effective domestic capacity for rapid execution of judgments of the European Court of Human Rights, the Agent as a coordinator of the execution process at the national level has necessary powers and authority to:
- Cooperate and communicate with persons or bodies at domestic level responsible for deciding on the measures necessary to execute the judgment;
- Ensures effective dialogue and transmission of relevant information, including action plan/action reports on measures taken to execute judgments with Committee of Ministers;
- Set up domestic mechanisms and procedure to secure timely and effective implementation of the Court’s judgments;
- Ensure that necessary remedial actions are taken at all levels.
In that respect, the Agent is guided by a range of specific recommendations issued by the Committee of Ministers to Member States on the execution process, which includes the need for effective domestic capacity for rapid execution of judgments (Recommendation CM/Rec(2008)2); on the improvement of domestic remedies (Recommendation CM/Rec(2004)6); on the verification of the compatibility of draft laws, existing laws and administrative practice with standards laid down in the Convention (Recommendation CM/Rec (2004)5)); on the re-examination or re-opening of certain cases at domestic level following judgments of the ECtHR (Recommendation CM/Rec (2000)2); on the need for education and professional training (Recommendation CM/Rec (2004)4); on the publication and dissemination in the member states of the text of the ECHR and of the case law of ECtHR (Recommendation CM/Rec (2002)13.
As the principle responsible for the organization of the execution process, the Agent acts not only as a focal point for the execution, but also aims to be a centre of expertise on human rights standards deriving from the ECHR and other conventions. He has an active policy of consultation with all relevant stakeholders, which, among the others, includes regular monitoring and assessment of the implementation of the human rights norm, legislative gap analysis, organization of trainings and awareness rising regarding ECHR system. For this purpose, the Agent establishes appropriate internal structures to ensure cooperation and regular dialogue with relevant national human rights institutions, parliamentary commissions, state agencies, as well as international bodies.
One of the core components of the execution process is the systematic verification of the compatibility of draft legislation with Convention standard, which could help to avoid further violations and potentially affect the execution of judgments. For effective implementation of the Parliamentary Assembly Resolutions (e.g. Resolution 1823(2011)) rigorous and detailed discussions of relevant draft legislations are held at National parliament. This can be considered as an effective mechanism for monitoring of compliance with and supervision of international human rights standards.
In order to increase the co-operation with national human rights institutions, as well as to ensure that they are provided with an opportunity to scrutinize the legislative reforms within the framework of the execution process, public discussions of the draft laws are also systematically organized with representatives of well-established non-governmental organizations which have significant and relevant experience.
Considering the importance of guaranteeing the rights and freedoms enshrined by the Convention in the first place at national level and applied by national agencies, continuous assistance is provided to the law-enforcement agencies by organization of periodical professional trainings and seminars, which aimed at preparing adequately trained and proficient team in the respective fields. Education and trainings concerning the developing case-law of the Court, in general, and the judgments delivered against the Armenia, in particular, are included as a component of the common core curriculum provided to judges, prosecutors, police, prison and detention facilities staff, civil servants, advocates, etc. Currently, the respective training curricula of the Justice Academy, the Police Academy, as well as the Law Institute of Ministry of Justice have special training courses on the Convention and the Court’s case-law. In the framework of the cooperation, Agent staff members are actively engaged in academic activities by providing targeted courses and trainings at the above mentioned institutions.