Statement of Mr Pierre-Henri IMBERT, Director General of Human Rights of the Council of Europe

Commission on Human Rights
59th Session
27 March 2003

Madam Chairperson,

I should like to thank the Commission for giving me the opportunity, also this year, to refer to the Council of Europe’s work in the human rights field, an area of prime interest to both our organisations. I am fully convinced that it is vitally important to share our experience in order to improve protection for human rights in Europe and the rest of the world.
This session is opening in a particularly delicate political context, with armed conflict in Iraq and the disagreement over military action. In times such as these, some people, and indeed perhaps many, will be inclined to consider human rights issues as being “irrelevant” and to take no interest in the work of the United Nations and other international organisations in this field. Others will even be tempted to relinquish what little faith they had in the legitimacy of the international organisations themselves and international law in general.
Clearly, the responses to the terrorist acts on 11 September 2001 and the current international crisis seriously challenge our belief in the strength of human rights, and our ambition to continue to ensure that they progress throughout the world.
But, far from relinquishing this belief and this ambition, I firmly believe that, on the contrary, the current climate and context make it more important than ever to defend the human rights cause. It is in times like this, when human rights values are threatened even more than usual, that we must redouble our efforts to sustain and promote them and be particularly attentive to the risks of their being violated.
I shall not try, in my statement, to give you an exhaustive picture of all the Council of Europe’s work on human rights, but rather to enlighten you about some areas of our work which I consider to be particularly important in the current European and world context.

Terrorism and human rights
Madam Chairperson,
Terrorism has continued to be a live issue since the events on 11 September 2001, as is borne out by the various attacks that took place last year.
As Council of Europe Secretary General Mr Walter Schwimmer pointed out, while terrorism flouts the fundamental principles of human rights, democracy and the rule of law and must therefore be combated with the utmost firmness, measures to counter it should not be taken to the detriment of those principles.
It is in this spirit that the Council of Europe Committee of Ministers adopted guidelines on human rights and the fight against terrorism in July 2002. Among other things, the guidelines affirm the obligation of States to protect the rights of everyone against terrorist acts, in particular the right to life. They prohibit arbitrariness, require that all anti-terrorist measures be lawful and confirm the absolute prohibition of torture. They set out a legal framework for the collection and processing of personal data, measures interfering with privacy, arrest and police custody, regular supervision of pre-trial detention, legal proceedings and penalties incurred, asylum, return (refoulement) and expulsion, extradition, respect for international law and international humanitarian law and compensation for victims. They show that the need to respect human rights is not under any circumstances an obstacle to effective action to counter terrorism. It is perfectly possible to reconcile the need to protect society with the preservation of fundamental rights and freedoms. The guidelines are specifically designed to help States to strike this balance. They constitute a practical guide to the introduction of anti-terrorist policies, legislation and measures that are not only effective but also respect human rights. In spirit, they are addressed to Council of Europe member States but also to other countries, which is why we are pleased that they were favourably received outside our Organisation, and in particular in the United Nations, on the occasion of the 57th session of the General Assembly, in connection with the work of the Third Committee on the Resolution on protecting human rights and fundamental freedoms while countering terrorism. We earnestly hope that your Commission will likewise adopt a resolution on this key issue at the present session.
These guidelines are not the Council of Europe’s only achievement in this field. Last month a protocol amending the 1977 European Convention on the Suppression of Terrorism was adopted. This is the first European instrument since the attacks on 11 September 2001, and it is fully in keeping with the approach introduced by the Council of Europe in the guidelines, namely that of reconciling the fight against terrorism with the protection of human rights. Among other things, the new protocol considerably lengthens the list of offences that are not to be regarded as political offences and opens the convention to Council of Europe observer States. Moreover, it adds, as grounds for refusing to extradite, the risk of being exposed to the death penalty, torture or life imprisonment without the possibility of parole. The protocol will be opened for signature in May this year.

Human rights and armed conflict
There is a second key issue that I should like to talk to you about today, particularly in view of the current international context, and that is the protection of human rights in the event of armed conflict but also, more generally, in situations of internal disturbances and tensions.
It is with great satisfaction that we welcome the recent establishment of the International Criminal Court. Henceforth, as a result of the setting up of this permanent Court the gravest international crimes will no longer remain unpunished.
Europe is not immune to situations of the kind I mentioned. On the contrary, the existence of hotspots in our continent means that this issue is of major concern to our Organisation. I am thinking, in particular, of Chechnya. This is a matter of constant concern to the Council of Europe, which is present on the ground, both through the Organisation’s experts on the spot and through the activities of the European Committee for the Prevention of Torture and the Council of Europe Commissioner for Human Rights. While some efforts on the part of the Russian authorities have been observed, it remains to be seen whether the measures taken are truly effective and whether their implementation will be on a sustained basis. The Council of Europe’s main concern is the climate of impunity that prevails in the region and the persistent phenomenon of disappearances. The Parliamentary Assembly of the Council of Europe will debate the matter next week.
Human rights are undeniably particularly vulnerable in situations of conflict or tension. Breaches are likely mainly, but not exclusively, with regard to (i) physical safety (the risk to life, the risk of ill-treatment and enforced disappearances), (ii) the administration of justice or indeed the absence of justice (arbitrary detention, lengthy detention before an appearance before a judicial authority, supervision of the lawfulness of detention), (iii) discrimination in law and/or in practice against certain minorities and (iv) the exercise of freedom of expression. Following the European Ministerial Conference on Human Rights in November 2000, intergovernmental discussions on the protection of human rights in situations of armed conflict and internal disturbances and tensions were launched. They are being pursued this year. Although it is too soon for final conclusions, there is clearly a consensus over the fact that the main problems in this area are linked not to a lack of international standards but to failure to observe them. It is for this reason that we are considering taking practical steps to allow a Council of Europe fact-finding mechanism to operate in situations where there is a threat of, or where there are allegations of, serious, massive human rights violations.
The theme of the 5th European Ministerial Conference on Equality between Women and Men, held in Skopje in January 2003, was the involvement of women in conflict prevention and peace-building. It was pointed out that women are always left on the sidelines or excluded from peace-building processes during conflicts and from democratic processes in post-conflict societies. The resolution adopted at the close of the conference calls on governments to encourage the incorporation of a gender perspective in all activities designed to prevent and resolve conflicts.

Abolition of the death penalty
Madam Chairperson,
I should like to reassert before the Commission that the abolition of the death penalty remains an absolute priority for our Organisation. The entry into force on 1st July 2003 of Protocol No.13 to the European Convention on Human Rights, providing for the abolition of the death penalty in all circumstances, including its abolition in times of war, is a decisive further step forward. The protocol follows on naturally from Protocol No.6, which provided for the abolition of the death penalty in peacetime.
No executions have taken place in the 44 member States of the Council of Europe since 1997 and, on the strength of this observation, our Organisation is keen to help promote the abolition of the death penalty outside Europe, and particularly in the countries which have observer status with the Organisation. In a resolution dated June 2001, the Council of Europe Parliamentary Assembly therefore asked Japan and the United States, both Council of Europe observer States, to introduce a moratorium on executions, take steps to abolish the death penalty and improve living conditions on “death row”. The Parliamentary Assembly has since organised a seminar in Japan on the subject, and further seminars are scheduled to take place in the United States in the course of the year.
I call on your Commission to continue its vitally important work on the subject and adopt a resolution on the introduction of moratoria on executions.

Torture
The prevention of torture and inhuman or degrading treatment of persons deprived of their liberty is more fundamental than ever in the current climate, where anti-terrorist measures can give rise to questionable policies, particularly in respect of the treatment of suspects after their arrest.
The European Committee for the Prevention of Torture, the CPT, examined the treatment of persons detained in the United Kingdom following measures taken under anti-terrorist legislation. The report containing the CPT’s recommendations was recently made public.
Furthermore, as the CPT is fully aware of the importance of protecting human rights in the event of crises, one of its current priorities is to strengthen still further its capacity to react in an emergency. To give just one example, the CPT returned to Chechnya twice in 2002 to visit detention centres in the region.
We welcome the recent adoption of the Optional Protocol to the United Nations Convention against Torture. The form taken by the Optional Protocol, with its two-pillar system, makes it possible to stress the need for an approach to the prevention of torture that is, at the same time, universal, regional and national, and hence to highlight the complementarity of the European Convention for the Prevention of Torture and the Optional Protocol. This should be the opportunity for close co-operation between the CPT and the sub-committee set up under the Optional Protocol. The Council of Europe is willing, on the strength of its experience, to contribute to work on the implementation of the Optional Protocol.

Racism and intolerance
Madam Chairperson,
Combating racism and all forms of intolerance is also a Council of Europe priority. In the current climate of terrorist threats, people can be lumped together in such a way that an entire section of the population quickly comes under what amounts to systematic suspicion on account of ethnic origin or religious beliefs.
The Council’s main body in this field is the European Commission against Racism and Intolerance, ECRI, for which the Committee of Ministers adopted a new statute in June of last year. This important decision consolidates ECRI’s role as an independent monitoring body in the field of racism and intolerance in Europe.
In addition to the reports on the situation in each member State that it regularly prepares, ECRI adopts general policy recommendations. Following the Durban Conference, ECRI recently adopted a recommendation on national legislation, which sets out key elements that must be included in national legislative arsenals if they are to be comprehensive and effective in combating racism and intolerance. The current international situation makes this recommendation particularly relevant, especially as it covers all branches of law, in particular criminal law.

Minorities
Most of the conflicts that Europe has experienced in recent years have been marked by the issue of minorities. This shows the importance of the Council of Europe Framework Convention for the Protection of National Minorities, which is the most comprehensive treaty in the field.
This year is the fifth anniversary of its entry into force. The first monitoring cycle concerning the situation in each of the contracting States, will soon be completed, and this is therefore the right time to examine the impact and contribution of this instrument.
At national level, the Framework Convention has clearly stimulated dialogue and put certain issues of concern to minorities on the agenda. The supervision exercised by the Framework Convention machinery, which comprises an Advisory Committee of independent experts and the Council of Europe Committee of Ministers, has exceeded expectations and the co-operation that has been established with the contracting States has become increasingly constructive. By the end of February 2003, 31 States parties had submitted reports on compliance with the Framework Convention in their territory, 21 Advisory Committee opinions had been made public and 18 resolutions had been adopted by the Committee of Ministers.
This is another field in which there is great potential for co-operation with the United Nations, given their experience of their own convention-based machinery and of other activities concerning minorities and indigenous populations.

Other issues
The Council of Europe’s work in the human rights field extends far beyond the subjects I have just mentioned.
For instance, consideration is being given to the idea of drafting a European Convention against Trafficking in Human Beings. The convention would build, in a European context, on the achievements of the United Nations in this field and would be based on the definition enshrined in the Palermo Protocol. It would concentrate on human rights and victim protection and would provide for appropriate supervisory machinery. We welcome the support expressed for this initiative at the tripartite meeting of the United Nations, the OSCE and the Council of Europe.
The European Social Charter is a key part of Europe’s machinery for the protection of human rights, in that, by protecting economic and social rights, it gives concrete effect to the principle of the indivisibility of human rights. The Charter is based on the concepts of dignity and effectiveness of access to and enjoyment of the rights protected. I must point out that, for all its wealth, Europe is home to situations of great poverty and social exclusion, which are incompatible with human dignity. Under Article 30 of the Revised Social Charter, the European Committee of Social Rights will shortly pronounce itself on States’ legislation and practice in this field. I would also stress that the collective complaints system introduced in 1998 has, in practice, proved to be an effective means of monitoring the enforcement of economic and social rights. To date, 13 complaints have been lodged with the European Committee of Social Rights.
In the same context, we welcome, and continue to follow with particular interest, the United Nations’ work on an international convention on the rights and dignity of persons with disabilities. Our two organisations could usefully step up co-operation in this field, given the Council of Europe’s experience of the protection provided to people with disabilities by the European Social Charter and the case-law of the European Court of Human Rights. In the course of this European Year of People with Disabilities, the European Committee of Social Rights will provide an interpretation of the article of the Charter concerning the full social integration of persons with disabilities and their participation in the life of the community (Article 15, para.3 of the Revised European Social Charter).
Lastly, I should like to draw your attention to the current reform of the control machinery of the European Convention on Human Rights. As you know, the Convention remains the central pillar of human rights protection in Europe. The case-law of the European Court of Human Rights helps States in their efforts to ensure respect for human rights on their territory. This machinery, which has proved its effectiveness, is now threatened by the increasing number of applications. There is now a consensus over the inevitability of reform in view of the exponential growth in the number of individual applications lodged with the Strasbourg Court (28,000 in 2002). The ultimate objective is to avoid paralysis of the system and to ensure the long-term effectiveness of the Convention machinery. Concrete reform proposals are being drawn up and will be submitted at the next session of the Committee of Ministers, in May this year. A political decision launching the drafting of amendments to the Convention should be taken on that occasion.

Madam Chairperson,
As I said, in the current international climate we must redouble our efforts to promote human rights. This obviously implies even closer co-operation between the various international organisations.
It is therefore more important and necessary than ever that our respective organisations should step up their co-operation. We have already started doing so: formal and informal contacts between our two organisations have been intensified over the last few years. We must continue in this direction and go even further, seizing every opportunity to work more closely together.
The Council of Europe’s vision is a quintessentially regional one. But Europe does not, and must not, live in isolation. On the contrary, it is anxious to share its experience and keen to listen to other organisations, in particular the United Nations.
That brings me, to conclude, to a point I consider fundamental. I am not speaking on behalf of an organisation that claims to be a model - or, worse, THE model. The Council of Europe is both demanding and modest in its attitude. Demanding because it endeavours not to compromise when human rights are at stake - and in the space of 50 years its member States have accepted a remarkable set of rules and machinery. But modest too, for it is aware of the difficulties and on occasion the failures it has experienced and will have to face in the future. And it is on this basis that it has forged one of its main ambitions with regard to the outside world, which is to show that there is at least one way - but there may be others - of achieving, or at least coming closer to, the common goal of all members of the international community that respect the Universal Declaration of Human Rights.
I should therefore like to express my warmest wishes to you and my hope that your session will be a particularly rewarding one.
Thank you.