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The Secretary General of the Council of Europe warns „there is no à la carte way of executing the judgments of the Court“

Posted By on May 17, 2023

Reykjavík, Iceland (17 may).- The Secretary General of the Council of Europe, Marija Pejčinović Burić, has alerted that the execution of judgments of the European Court of Human Rights (ECHR) “is an obligation and there is no exception,” and warned that “there is no à la carte way [for the member states] to implement, to execute the judgments of the Court”.

The highest official of the leading pan-European human rights organisation made these statements to the German newspaper FAZ at the press conference closing the Fourth Summit of Heads of State and Government of the Council of Europe held from May 16 to May 17 in Island’s capital and entering its 74-year history as the Reykjavík Summit.

The Summit brought together leaders of the 46 member states and high level representatives of the human rights watchdog, its observer states as well as other international organisations such as the United Nations, the European Union and the OSCE to unite and recommit to the founding values of upholding human rights, democracy and the rule of law and further to showing solidarity and support for its member state Ukraine [first and foremost through the establishment of a Register of Damages*], to firmly address democratic backsliding as well as human rights challenges.   

Highlighting some of the „key positions“ of the outcome document titled the Reykjavík Declaration**, the Icelandic Prime Minister, Katrín Jakobsdóttir, attested „and finally and this was stressed by so many [Heads of State and Government], we stressed the fundamental importance of the execution of judgments made by the European Court of Human Rights in accordance with the Convention system“ and affirmed „and reject high level attacks on the rights protected by the Convention and the Judgments of the Court“.

The Reykjavík Declaration, „the leaders“ dubbed as „an admirably, direct and rightly ambitious“ document as the Secretary General reveals and she further declares that it „includes a clear recommitment to European values and standards that will be heard in the parliaments, administrations, courts, throughout our continent“. The Council of Europe chief insists that „the European Convention of Human Rights must be implemented. This is something that, not only me but a number of us, keep repeating and that the final judgment of the European Court of Human Rights must be executed as an unconditional obligation“.   

„Someone has to work now,“ the Foreign Minister of Latvia, Edgars Rinkēvičs, asserts „and that’s the Presidency of the Committee of Ministers [of the Council of Europe] that we are going to chair for the next six months“. 

Amongst the priorities of the Latvian presidency of advancing reforms of the Council of Europe including through the „implementation of the decisions of this Summit“, the Minister of Foreign Affairs lists in accordance with his „structure of order“ also „first of all, the strengthening of democracy and the rule of law“ followed by the „promotion of freedom of expression, security of journalists and [the] organisation of [the] digital agenda [of the Council of Europe]“. 

The incumbent Chair of the Committee of Ministers of the Council of Europe affirms the commitment of the Latvian government to „the principles of transparency, visibility and efficiency in our work as the Presidency of the Committee of Ministers“. 

As a „parting gift“ from her chairing role at the Committee of Ministers, the  predecessor, the Icelandic Minister of Foreign Affairs Thórdís Kolbrún Reykfjörd Gylfadóttir, presents her Latvian counterpart with the „hammer of Thor“, a gavel carved by the Icelandic artist Sigríður á Grund [Sigríður Jóna Kristjánsdóttir] and hands it to her colleague with the words „I hope that it will serve as a reminder of the important decisions made here and inspire you in your work to come“. 

„The gavel is a symbol of order“, the Foreign Minister of the Icelandic government -host of this historic Fourth Summit of Heads and State and Government of the Council of Europe- accentuates „depicting a viking praying for peace“ and translates the Icelandic engraving below the emblematic hammer to „society must be build on the pillars of law“. 

Also bearing a „secret compartment“, she adds „I have placed a small note inside the compartment from me to you Edgars, my dear friend“ and invites him when „the Latvian hands over the chairmanship in 6 months, you can also use this secret compartment for a small message then for Domenik from Liechtenstein****“.

Text: Ilona Kepic

*the Register of Damages is a(n international compensation) mechanism to record losses and damages caused by „Russia’s aggression“ in Ukraine with the aim to hold Russia to account / it is planned to be physically located in The Hague and the Ukraine under Dutch and Ukranian law and to be open to any country and will be staffed by Council of Europe staff & {also plans for special international tribunal} / Resolution CM/Res(2023)3 / also the transcript of speech by Prime Minister of Ukraine, Denys Anatoliyovych Shmyhal, may be made available upon request

**the Reykjavík Declaration consists of a main body and five appendices 

***the original designed gavel by Ásmundur Sveinsson and known as „Thor’s Hammer“ was gifted by the Iceland to the UN General Assembly in 1952 and was inspired by the formation of Icelandic democracy in the tenth century

****the presidency of the Council of Europe rotates among its member states every six months in English alphabetical order  

Reactions / addresses:

In a press release issued by the Registrar of the Court on May 17, 2023, the President of the European Court of Human Rights, Síofra O’Leary, „welcomed the States’ reaffirmation of their commitment to the Convention system and to the binding nature of the Court’s judgments“. 

Her full address is available here: https://echr.coe.int/Documents/Speech_20230517_Oleary_4_Summit_ENG.pdf 

In her address at the general debate and closing session ceremony of the summit preceding the press conference of May 17, 2023, the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, emphasised „the centrality of the Convention system to this endeavour cannot be overstated. The execution of judgments of the European Court of Human Rights needs to be more systematic and expeditious. […] The role of the Council of Europe is as crucial to the future of Europe as it was when it was founded more than 70 years ago. Member states must remain committed to its founding principles and values. Putting them into practice is not only a legal obligation. It is also the only way to pursue the goals of the Council of Europe.“

Her full address may be found here: https://rm.coe.int/speech-at-the-4th-summit-2023-by-dunja-mijatovic-council-of-europe-com/1680ab44a3 

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