New EIN Project: Protecting Freedom of Expression by Supporting ECtHR Implementation

This week, EIN is launching a new project which aims to protect free speech in Europe in every country where there is a relevant ECtHR judgment pending implementation. It will do so by empowering civil society to engage with the implementation process of these judgments, by providing them with training, resources, and mentoring.

Violations of the right to free speech are central to the crisis of democratic backsliding in European states. The healthy functioning of democracies is being curtailed (and sometimes undermined) by a mixture of: draconian defamation laws that silence journalists through court proceedings; the undermining of free debate through the excessive ownership of media outlets by the state or those linked to it; and even widespread violence against reporters.

The European Court of Human Rights (“ECtHR”) has issued 330 leading judgments finding a violation of the right to free speech. These judgments concern the most critical free speech issues in Europe today, including defamation laws, media ownership, and journalists’ safety.

However, at the time of writing, 50% of the leading free speech judgments handed down by the ECtHR in the last 10 years are still pending implementation. There are currently 105 leading ECtHR judgments on free speech pending implementation overall.  

EIN will promote free speech reforms across Europe by giving civil society the training, resources, and mentoring they need to push forward the implementation of judgments of the European Court of Human Rights.

The project is set to run for 2 years (June 2023 - May 2025). Project activities would include:

  • Reaching out to NGOs, lawyers, and journalists specialising in media freedom in all countries where there are relevant ECtHR cases pending implementation, and ensuring that as many cases as possible are being monitored or engaged with by a local partner;

  • Inviting the target group to a capacity-building conference, to be provided with extensive training and resources about how to promote ECtHR judgment implementation in their country;

  • The creation of a research note on best practices, to be circulated to all relevant stakeholders;

  • Ongoing mentoring for partners through legal advice, liaison with the Council of Europe, assistance with drafting written submissions to the Council of Europe’s implementation monitoring process, and advice on advocacy best practices at national level to promote ECtHR implementation;

  • In the second year of the project, a second conference to share lessons-learnt and best practices among stakeholders;

  • Briefings on cases concerning freedom of expression or media freedom to delegates of the Committee of Ministers of the Council of Europe;

  • Reporting on the overall state of implementation of ECtHR judgments concerning free speech, to be distributed to all relevant partners and institutions throughout Europe.

The project will be kindly funded by the Swedish Postcode lottery, Fritt Ord Foundation and the Isocrates Foundation.

EIN Civil Society Briefing May 2023: Bosnia and Herzegovina and Romania

On the 25th May 2023, EIN held the latest civil society briefing for permanent Representations of the Council of Europe, ahead of the 1468th Committee of Ministers Human Rights Meeting on 7th – 9th June 2023. The event was held in person in Strasbourg, facilitated by Ioana Iliescu, EIN Law and Advocacy Officer.

The Briefing focused on the following cases:

  • The Sejdic and Finci v. Bosnia and Herzegovina case, which concerns ethnic-based discrimination on account of the ineligibility of persons not affiliated with one of the “constituent peoples” (Bosniaks, Croats or Serbs) to stand for election to the House of Peoples and the Presidency. This presentation was given by Chelsea Gonzalez, Legal Project Officer, from Minority Rights Group International.

  • The Cristian Teodorescu v. România group and Parascineti v. România judgment concern: a) ill-treatment in psychiatric hospitals due to overcrowding, poor sanitary and hygiene conditions, including the absence of an individual bed, and the impossibility to spend time outdoors due to staff shortages; and b) legislative deficiencies as regards the procedure and safeguards for involuntary placement in psychiatric hospital facilities and general failure of the competent authorities to apply this procedure. This presentation was given by Georgiana Pascu, Program Manager from the Centre for Legal Resources.

  • The N. v. România and R.D. and I.M.D. v. România cases concern: a) unlawful psychiatric confinement as security measures and deficiencies in the judicial review proceedings and b) the absence of a legal basis for compulsory administration of treatment to such patients. This presentation was given by Georgiana Pascu, Program Manager from the Centre for Legal Resources.

  • The Centre for Legal Resources on behalf of Valentin Campeanu v. Romania case concerns: a) deficiencies in the legal protection and medical and social care afforded to vulnerable persons; b) the ineffectiveness of criminal investigations into deaths of persons with disabilities in mental health institutions; and c) safeguards and remedies regarding placement in residential social care facilities and psychiatric hospitals. This presentation was given by Georgiana Pascu, Program Manager from the Centre for Legal Resources.

    Elisabeta Moldovan, self-representative and Co-president of the Ceva de Spus Association, made a statement regarding her personal experience of a placement in a mental health hospital, with translation support from Alina Ursoi, psychologist and support staff member at the UnLoc Association.


Sejdic And Finci v. Bosnia and Herzegovina

The Sejdic and Finci v. Bosnia and Herzegovina case concerns discrimination against the applicants on account of their ineligibility to stand for election to the Presidency of Bosnia and Herzegovina due to their lack of affiliation with a constituent people (i.e. Bosniaks, Croats or Serbs) or due to their failure to meet a combination of the requirements of ethnic origin and place of residence (violations of Article 1 of Protocol No. 12).

Minority Rights Group International provided participants with explanations regarding the Dayton Accords and Electoral Quotas, explaining the effects of the quota system, which disenfranchises minorities, discriminates against constituent peoples living in ‘wrong’ entity and facilitates the trickling down of discrimination to local level.

Minority Rights Group International discussed the Council of Europe Commissioner for Human Rights Rule 9 Submission from April 2023, setting out the Commissioner’s primary concerns regarding the recent developments at national level:

  • “[N]o clarity as to what [the changes to the Constitution and electoral legislation] entail”.

  • Legislative reform discussions: “legitimate representation of constituent people”.

  • Special rights for constituent peoples, excluding minorities.

  • Even if this only means preserving the existing situation, this implies that being just a citizen is considered to be of a lower status, as opposed to being a member of one constituent people, which would be contrary to the principle of non-discrimination.”

    The CoE Commissioner argues that the failure to execute these judgments is leading to a deterioration of situation in BiH, and to amplified ethnic tensions. The system based on ethnic discrimination leads to increased threats to stability; the rise of hate speech; the glorification of war criminals; and genocidal denial. Furthermore, she argues that:

  • [F]ull elimination of ethnic discrimination from both the Constitution and the electoral legislation”.

  • It is imperative that the authorities place focus on building a state based on the equality of citizens, rather than on further embedding ethnic discrimination in the Constitution and the electoral legislation.”

Minority Rights Group International outlined to participants the case’s current status of implementation:

  • There has been no progress in 14 years.

  • The discriminatory provisions remain in Constitution and electoral legislation.

  • There have been 4 general elections under discriminatory framework and 4 Interim Resolutions by CoM.

  • There has been no outreach to non-constituent minorities or the plaintiffs, and recent legislative reforms do not address implementation.

Minority Rights Group International set out their their current concerns regarding the case to participants:

  • The lack of outreach to non-constituent minorities to ensure changes from implementation

  • 2021 Interim Resolution (CoM), March decision (CoM) and BiH authorities do not reference participation of non-constituent minorities in legislative reform

  • Ongoing exclusion of minorities from bodies tasked with enacting reforms

Minority Rights Group International provided their recommendations, asking the Committee of Ministers to:

  • Appeal to Member States to request action to ensure implementation with judgments.

  • Issue an Interim Resolution stipulating that process of amending the Electoral Law and Constitution must be participatory and involve robust consultation of non-constituent minorities, which should address the Constitutional, Electoral Law amendments, judgment implementation, requesting:

    • Timeline for implementation with time for meaningful consultation of minorities

    • Representatives from minority groups named to any oversight body

    • Meaningful consultation of plaintiffs in Sejdić and Finci group of cases

    • Specific mechanisms to ensure minority and CSO participation

    • BiH to share draft amendments with CoM prior to adoption.


      Please see the slides for the full Briefing.

Relevant Documents:


The Parascineti v. România concerns the ill-treatment suffered by the applicant during his involuntary placement in the psychiatric unit of the Sighetu Marmaţiei Hospital between 5 and 13 July 2005, due to overcrowding, poor sanitary and hygiene conditions, including the absence of an individual bed, and the impossibility to spend time outdoors due to staff shortages (violation of Article 3).

Centre for Legal Resources România outlined the conditions in psychiatric hospitals in Romania to participants:

  • 16,073 psychiatric beds nationwide

  • 4 security (forensic) psychiatric hospitals

  • Chronic wards accommodate more than 8000 patients

Centre for Legal Resources România reminded participants of their findings of their visit to the institutions in 2019 & 202:

  • 8 residents locked in 6 cages

  • Tied with shirts and strips of cloth

  • Lack of specialized staff and significant underfunding

  • Situations with a high risk of injury, self-harm and aggression

Centre for Legal Resources România explained to participants the lack of adequate health care services and staff and Inefficient investigations of the causes of deaths in Botoșani:

  • 24 March 2023: An 87-year-old patient died in the hallway of the medical unit without anyone jumping to his aid.

    • On Thursday morning, around 5am, a nurse found him dead in the main hallway on the ground floor. Three hours earlier, a nurse had administered the treatment in a ward on the third floor - in the "Medical" section.

    • What happened to the patient in the meantime, no one in the hospital knows. The manager shrugs when asked when the old man left the ward

  • 24 May 2023: A man aged just 47, brought in to withdraw, died before doctors' eyes. They called an ambulance, but it was too late. The man was in ethanolic withdrawal at the psychiatric ward - acute ward.

  • 28 Nov. 22: patient died after choking on food

  • 15 June 2022: an 18-year-old patient stabbed himself in the chest with a knife. He had several admissions to psychiatrists. The ambulance with emergency doctors could not save him

Cristian Teodorescu v. România

The Cristian Teodorescu v. România case concerns the unlawful placement of the applicants in psychiatric hospitals, or in one case (Ulisei Grosu) the applicant’s arrest by police with a view to such placement, without compliance with the procedure prescribed by the Mental Health Act and without any justification relating to their mental health condition (violations of Article 5 § 1(e)).

CLR reminded participants of the main issues in the case:

  • Failure to comply with Mental Health Act procedure and placement without justification relating to mental health condition.

  • Failure to comply with the legal requirement to obtain consent for medical treatment.

  • Inconsistent knowledge among healthcare professionals about the relevant procedures.

The NGO provided an overview of the unlawful involuntary placements in psychiatric hospitals:

  • There is no mental health department within the Ministry of Health.

  • The Ministry of Health has not requested EU budget for the mental health community services (Cohesion Policy budget)

  • The latest communication (March 2023) from authorities does not refer to the living conditions and rights of persons in psychiatric hospitals.

  • No public data on involuntary placements in psychiatric hospitals and the transfers between social and psychiatric system

  • In 2018, CLR collected some data from several psychiatric hospitals through freedom of information requests (only some hospitals responded):

    • Out of 524 involuntary admissions, only 112 were referred to the courts for judicial review.

    • There was not even a single case in which court overturned the decision of involuntary placement.

    • 206 people involuntarily placed in psychiatric hospitals came from residential centers for people with disabilities.

    • There were 2139 "social cases”.

  • There is a lack of progress at national level.

  • The lack of community-based mental health and social care services leads to involuntary placements and to de facto involuntary placements, which are being used as measure of “first resort” instead of a measure of last resort (as Article 5 of the European Convention requires). This leads to an overload of the system of mental health hospitals and to overcrowding and low compliance with procedural guarantees.

  • There is no independent body with monitoring, control and sanctioning powers.

  • CLR’s cooperation protocol with the Ministry of Labour and Social Solidarity was recently rescinded due to reports and criminal complaints filed by CLR following abuses in social care private homes financed with local authority money.

CLR provided their recommendations, asking the Committee of Ministers to:

  • Urge the national authorities to provide a concrete action plan for the implementation of these judgments.

  • Increase the frequency of examination of these cases.

  • Instruct the Secretariat to prepare an interim resolution.

  • Request data on the number of patients with mental disabilities treated in emergency wards of county hospitals

  • Request the authorities to equip psychiatric wards with equipment for emergency medical interventions.

  • Request the authorities to:

    • Provide recent disaggregated statistics on non-voluntary admission procedures in psychiatric hospitals and units since 2018.

    • Adopt a concrete legislative framework on access to justice of non-voluntary hospitalizations and investigate the causes of deaths.

    • Urgently allocate of a concrete budget plan for the community psychiatry system.

    • Appoint a coordinator at government level for the execution of the obligations arising from the judgments of the ECtHR against Romania in the field of psychiatry and mental health.

Please see the slides for the full Briefing.

Relevant Documents:

NGO Communications

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre for Legal Resources) (21/04/2023) in the cases of CRISTIAN TEODORESCU and PARASCINETI v. Romania (Applications No. 22883/05, 32060/05) [anglais uniquement] [DH-DD(2023)539]

CM Decisions

1377 meeting (DH) June 2020 - H46-28 Parascineti and Cristian Teodorescu group v. Romania (Applications Nos. 32060/05 and 22883/05) [CM/Del/Dec(2020)1377/H46-28]

1362 meeting (DH) December 2019 - H46-18 Parascineti and Cristian Teodorescu group v. Romania (Applications Nos. 32060/05 and 22883/05) [CM/Del/Dec(2019)1362/H46-18]

1265 meeting (September 2016) - H46-22 Parascineti group v. Romania (Application No. 32060/05) and group Cristian Teodorescu (Application No. 22883/05) / 1265e réunion (septembre 2016) - Parascineti c. Roumanie (Requête n° 32060/05) et groupe Cristian Teodorescu (Requête n° 2883/05) [CM/Del/Dec(2016)1265/H46-22]


N. v. Romania and R.D. and I.M.D. v. Romania

The N. v. Romania case concerns the psychiatric confinement of the applicant, who has been diagnosed with a psychiatric condition. Although the detention was first imposed in 2001 as a security measure during criminal investigations, the Court only examined the situation, as the complaints about the earlier period were out of time.

The R.D. and I.M.D. v. Romania case concerns the non-voluntary confinement of the applicants in a psychiatric hospital for the purpose of compelling them to undergo medical treatment and about the obligation to undergo that medical treatment.

CLR provided an overview of the main issues in the N v. Romania case:

  • Unlawful psychiatric confinement as a security measure for the purpose of compelling them to undergo medical treatment.

  • Measure imposed following criminal proceedings condemning the applicants to compulsory psychiatric treatment, based on medical reports of expertise dated 3 years before the date of confinement in the psychiatric hospital without proper examination by the domestic courts of the degree of social danger justifying the safety measure or of the degree of social danger of the criminal offense.

  • Absence of a legal framework concerning the obligation to undergo medical treatment: Criminal Code does not offer to people diagnosed with a psychiatric condition sufficient guarantees against arbitrariness as concerns the administration of medical treatment.

The NGO outlined the challenges of non-voluntary psychiatric confinement:

  • No legislative provisions to set clear limits on when and under what conditions a non-voluntary psychiatric confinement (as security measure) can be taken.

  • Many involuntary placement measures which are not legal, are arbitrary and unjustified.

  • Lack of safeguards: persons with mental health conditions who commit criminal acts without discernment and are placed in forensic psychiatric hospitals receive a “life sentence”.

  • On June 2020, 1,424 persons were admitted to psychiatric and security measures hospitals. Approximately 14% had a disability certificate (the majority having mental disabilities). 80% of the people admitted were reported as having a mental disability. However, without disability certificates they cannot receive procedural adaptations.

  • Inconsistencies between the relevant legislative provisions and the factual situation

    • Provisions of the Criminal Code in force (art. 109 and 110) stipulate that both the obligation to medical treatment and hospitalization are taken "until recovery or until an improvement is obtained that removes the state of danger" - in this situation the Romanian authorities have not yet identified a solution that is applicable to persons with intellectual disabilities.

    • Persons with intellectual or psycho-social disabilities under involuntary confinement security measures risk being detained for life. 

  • Medical confinement: there is no clear procedure applicable for the re-examination or changing of measures for medical confinement, as regards the periodicity of medical examinations. There is no legislative framework to ensure legal aid in this area.

  • No dedicated spaces and services for the needs of persons with mental health conditions who are currently detained in forensic psychiatric hospitals, and whose detention review would lead to their release.

CLR provided their recommendations, asking the Committee of Ministers to request the Romanian authorities to:

  • Adopt of a legislative framework to regulate in concrete terms the situation of persons subjected to security measures (involuntary confinements in forensic psychiatric hospitals and medical confinements) and the need for periodic reassessments, in order to ensure that they do not remain in psychiatric hospitals indefinitely.   

  • Enact a clear legislative framework to regulate the situation of persons subjected to security measures and to ensure legal assistance for persons with mental health conditions subjected to security measures (and all mental health institutions). 

  • Amend the Criminal Code to identify a solution applicable to persons with intellectual or psychosocial disabilities, for whom "the full recovery" is not possible, and to provide them with sufficient guarantees against arbitrariness in the administration of medical treatment. 

  • Carry out regular monitoring visits to forensic psychiatric hospitals and communicate the conclusions of the monitoring visits to the Committee of Ministers in order to have a close observation of the developments on the ground. 


Please see the slides for the full Briefing.

Relevant Documents:

NGO Communications

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre for Legal Resources) (21/04/2023) in the cases of R.D. and I.M.D., and N. v. Romania (Applications No. 35402/14, 59152/08) [anglais uniquement] [DH-DD(2023)538]

CM Decisions in N. v. România:

1428th meeting (DH), March 2022 - H46-23 N. v. Romania (Application No. 59152/08) [CM/Del/Dec(2022)1428/H46-23]

1411th meeting (DH), 14-16 September 2021 - H46-27 N. v. Romania (Application No. 59152/08) [CM/Del/Dec(2021)1411/H46-27]

1331 meeting (DH) December 2018 - H46-22 N. v. Romania (Application No. 59152/08) [CM/Del/Dec(2018)1331/H46-22]


The Centre for Legal Resources on behalf of Valentin Campeanu v. Romania case concerns the authorities’ failure to protect the right to life of Mr Câmpeanu, a young man of Roma origin, orphaned, HIV-positive and with “severe intellectual disability” (substantial violation of Article 2).

CLR outlines to participants the several human rights violations of the case:

  1. Authoritiesfailure to protect the right to life of a young man, orphaned, HIV-positive and with “severe intellectual disability”.

  2. Ineffectiveness of the investigation and the court proceedings into his death 

  3. Lack in domestic law of a legal framework suited to the specific needs of people with mental disabilities and allowing for the examination of the allegations concerning the violation of Mr Câmpeanu’s right to life by an independent authority. The Court stated that Romania must adopt measures to ensure that “persons with mental disabilities in a situation comparable to that of Mr Câmpeanu are afforded independent representation, enabling them to have Convention complaints relating to their health and treatment examined before a court or other independent body”.

CLR provided information on recent developments on legal protections for vulnerable adults:

  • Law no. 140/2022 which regulates the protection measures for people with intellectual and/or psychosocial disabilities was enacted, but there are important concerns regarding its' implementation.

  • There are approx. 90.000 cases involving the judicial protection of ”incapable” adults, for which this law will be applied.

  • Concerns regarding the implementation Law no. 140/2022 :

    • Lack of training of the professionals working with persons with disabilities.

    • Methodology is hindering the process: high costs and expenses are not supported from the national health fund.

    • Lack of concrete and clear information regarding the mechanism for conducting medical and psychosocial evaluation reports.

    • The norm which states that the institution of the personal representative will be regulated by a special law has still not been drafted, thus persons in situations comparable with Valentin Campeanu remain without protection.

CLR discussed data on the effectiveness of criminal investigations into deaths in mental health institutions:

  • Data provided by the authorities refers to the number of suspicious death case files but not the number of deaths in institutions.

  • There is no information on the number of convictions

  • CLR provided data on deaths in mental health institutions in 2019:

    • 336 deaths in 67 psychiatric units with 8064 beds; out of which only 215 notification of deaths (54 of them to the Monitoring Council, 183 to Police and Prosecutors, 15 to other institutions).

    • Causes of death: Lung disease (73); Asphyxia (17); Heart disease (175); Tumors (7); Suicide (4); Other causes (60).

    • In 2022, there were 1029 reported deaths in social care homes.

  • Examples of ongoing similar cases: young woman with mental disabilities with broken femur for months at Zătreni social care home.

The NGO outlined challenges to the safeguards and remedies regarding placement in residential social care facilities and psychiatric hospitals:

  • The manner and extent to which its decisions can be appealed, the so-called “grey area of consent”

  • Non-transparent procedure of transfers between social homes to psychiatric units – social homes and back.

  • Lack of informed consent.

  • The Monitoring Council is still not fully operational (Law no. 8/2016).

CLR provided their recommendations, asking the Committee of Ministers to request the national authorities to:

  • Elaborate the law that regulates the institution of the personal representative and the provision of the necessary funds so that this can effectively contribute to access to justice for vulnerable persons and to the deinstitutionalization process;

  • Allocate the necessary budget for carrying out psychiatric and psychological assessments of persons in need of supported-decision measures (which are mandatory requested by the national courts).

  • Ensure, through the institutions responsible for the ongoing training of magistrates and lawyers, at least one training course per year in the field of adequate communication with persons with intellectual disabilities /or psychosocial disabilities. 

  • Allocate adequate resources for staff and logistics of the Monitoring Council so that the institution can ensure the effective representation of persons with disabilities in the defense of their fundamental rights and freedoms and ensure their access to justice.  

  • Establish proper collaboration with the human rights NGOs and self-representatives and allow unrestricted access to public and private residential social centers and hospitals or psychiatric wards so that the objective monitoring of the respect for the rights of persons with disabilities can be carried out.

  • Regulate and develop social services in the community and community psychiatry in order to effectively prevent the medical and social neglect of vulnerable patients in psychiatric hospitals and social care homes and to achieve the deinstitutionalization indicator foreseen in Law 7/2023, and ensure that sufficient funding is allocated to communities and local authorities to support these services and the implementation of Law no. 7/2023.  

  • Systematically collect and publish data on cases involving persons with disabilities by the responsible authorities (the National Union of Romanian Bar Associations, the Public Prosecutor’s Office, Courts of Appeal, the Monitoring Council, psychiatric hospitals and residential social care centres).

  • Develop concrete and standard complaint mechanisms accessible to people with disabilities institutionalized.

Please see the slides for the full Briefing.

Relevant Documents:

The Reykjavik Declaration: Re-committing to the Convention system and to implementation of judgments of the European Court

Last week, following the Fourth Summit of the Council of Europe, the Heads of State and Government have recommitted to the Convention System, underlining the “shared responsibility” between the states, the Court and the Committee of Ministers, in order to ensure the proper functioning of the Convention system.

Through the Reykjavik Declaration, Member States recalled the responsibility for complying with the judgments of the Court which is incumbent on the “executive, national and local authorities, national courts and national parliaments”.  The ECtHR judgment implementation process is addressed in the Declaration’s Appendix IV “Recommitting to the Convention System as the cornerstone of the Council of Europe’s protection of human rights”.

Member States commit to tackling the non-implementation of judgments of the European Court by developing a more “co-operative, inclusive and political approach based on dialogue”. For this purpose, they have undertaken to:

  • Affirm the need for a co-operative and inclusive approach, based on dialogue, in the supervision process to assist States in the execution of the Court’s judgments;

  • Scale up co-operation programmes to assist member States in the implementation of judgments, which may involve, as appropriate, States facing the same or similar issues in implementation, and increase synergy between the Department for the Execution of Judgments and the Council of Europe co-operation programmes;

  • Call for greater synergy between Council of Europe monitoring and advisory bodies, the Department for the Execution of Judgments and other relevant Council of Europe departments, as appropriate, to facilitate the exchange of good practice and expertise among member States, and underline the importance of holding an annual meeting with national co-ordinators for the execution of judgments and the Department for the Execution of Judgments;

  • Call for a strengthening of the institutional dialogue between the Court and the Committee of Ministers on general issues related to the execution of judgments;

  • Invite the President of the Committee of Ministers, the Secretary General, the President of the Parliamentary Assembly and the President of the Congress of Local and Regional Authorities to strengthen their political dialogue with their respective national interlocutors on the implementation of judgments;

  • Invite national authorities, as appropriate, to strengthen co-operation with local and regional authorities in order to facilitate the process of executing the judgments which concern them;

  • Call for a strengthening of political dialogue in the event of difficulties in the implementation of judgments and encourage the participation of high-level representatives from the respondent State;

  • Call on the Committee of Ministers to continue their work enhancing the tools available in the supervision of the execution of judgments with clear and predictable, gradual steps in the event of non-execution or persistent refusal to execute the final judgments of the Court, in an appropriate and flexible way, that takes into account the specificities of each case.

We are glad to see the renewed commitment of the Council of Europe to the implementation of judgments of the European Court of Human Rights. Many of these undertakings are in line with EIN’s proposals in its call for Reforms to Improve the Implementation of Judgments of the European Court of Human Rights in view of the Fourth Summit. EIN will closely monitor the execution of these important undertakings and put the expertise of its network at the disposal of all relevant stakeholders to advance the full, timely and effective implementation of ECtHR judgments. 

Trapped between the ECHR and the UN CRPD: how both the non-implementation and the implementation of ECtHR judgments concerning mental disability risk prolonging an invisible human rights crisis

by Ioana Iliescu, EIN Law and Advocacy Officer

Introduction

Leading judgments of the European Court of Human Rights (“the Court”) concerning psychiatry and mental health have proven to be one of the most challenging systemic human rights issues to address. Their implementation requires political will, national capacity, a high amount of financial and human resources, as well as overcoming stigma and achieving a paradigm shift at societal level.

Romania has thirteen leading judgments pending implementation before the Committee of Ministers which concern psychiatry and mental health, by far the most of all Council of Europe states on this thematic. In June 2023, the Committee of Ministers will examine six of these cases, which concern issues ranging from, inter alia, the need for an independent and effective system of legal protection for vulnerable adults, overcrowding and poor material conditions in psychiatric hospitals and the lack of safeguards for involuntary placement in psychiatric hospitals. The fact that the Committee of Ministers is taking a strong interest in these cases is highly welcome, especially at a time when the Parliamentary Assembly of the Council of Europe and the Council of Europe Development Bank have also been active in addressing underlying causes of coercive practices in mental health settings.

This blog post mainly addresses the issues pertaining to the Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania, Parascineti v. Romania and Cristian Teodorescu v. Romania judgments, but the approach proposed herein is relevant for alleviating issues in the other disability judgments as well.

Photo by Andy Li on Unsplash

There is a serious humanitarian problem with regard to the respect and protection of the rights of persons with mental disabilities living in institutional settings in Romania. This blog argues that the only effective way to address the problems identified in these judgments is through a human rights-based approach to disability, which includes the creation of proper community-based care services available for persons with disabilities, and de-institutionalization. This is required by the UN Convention on the Rights of Persons with Disabilities (UN CRPD). However, in previous instances concerning similar issues, the Committee of Ministers has encouraged the creation of “medical residential centers” and the direction of a ‘deinstitutionalization’ strategy in Bulgaria which is faulty. The latter has been highly criticized for being contrary to the UN CRPD, as it moves people from large institutions to smaller buildings. This approach is both unnecessary and harmful. The Committee of Ministers should take into account the human-rights based approach prescribed by the UN CRPD in such cases, in order to ensure the development of effective long-term solutions to these systemic problems.

A serious, invisible humanitarian issue: persons with disabilities in mental health institutions

Persons with mental disabilities living in institutional settings in Romania do not have sufficient access to justice to lodge numerous (or even few) applications before the Court, although the human rights violations they face are systematic, wide-ranging, and affect approx. 30 000 people in Romania[i]. They are subjected to ill-treatment, medical neglect, and abuse; they live in overcrowded, poor material conditions of detention. They are placed in institutions by their legal guardians or the state, with whom they are often in a conflict of interest or have never met. When they are voluntarily committed, it is mainly due to a lack of alternative options in the community. Even if they want to leave mental health institutions, they are pressured and manipulated to remain. They are unable or afraid to complain, as they are fully dependent on the staff and management of the institutions where they are placed. Nils Muiznieks, former Council of Europe Commissioner for Human Rights, in his 2014 address to the PACE Committee on Equality and Non-Discrimination explained: „Many who could otherwise function in the community without a great deal of support have become unable or afraid to leave these institutions, because they have known nothing else” and this pattern “cultivates a feeling of helplessness; (…) erodes one’s confidence in one’s ability to make choices; (…) deprive(s) people of life experiences and skills needed to build up autonomy and identity”.

When supervising and implementing these judgments, consideration must be given to this vicious circle which defines life in mental health institutions[ii], and the web of underlying shortcomings which help cause it.

The need for a human-rights based approach to disability: community-based living and treatment alternatives as prerequisites to effective long-term solutions

A major underlying factor causing pressure on the psychiatric and social care system in Romania, leading to these violations, is the lack of alternative community-based mental health and social care services for persons with mental disabilities, including the lack of alternative living options. When such services and alternatives are unavailable, the only resort becomes placement in psychiatric hospitals and social care homes. However, according to the Court’s rulings, the deprivation of liberty of persons with mental disabilities is unlawful when compulsory confinement is not warranted (Stanev v. Bulgaria [GC], 2012, § 145). This is also problematic under other instruments of the Council of Europe and contrary to the standards of the UN Convention on the Rights of Persons with Disabilities. Compulsory psychiatric confinement (both de facto and de jure) cannot be warranted when it is caused by a lack of community services and alternatives. The overabundance of placement measures, due to lack of alternatives, leads to pressure on the mental health system, overloading it and giving way to violations.

Several practices, some of which have already been identified in previous CM-DH notes in the Cristian Teodorescu v. Romania case, contribute to the perpetuation of unlawful deprivation of liberty in psychiatric hospitals and the ‘system overload’: voluntary patients are de facto involuntarily detained, without the necessary legal safeguards; patients who do not require psychiatric treatment but do not have families or suitable accommodation in social care facilities remain under involuntary placements; persons with intellectual disabilities are subjected to involuntary placements in forensic psychiatric confinement (as a security measure), despite the fact there is no case for recovery from intellectual disabilities.  Such practices could be avoided if effective community-based alternatives existed.

Furthermore, the overcrowding caused by excessive unnecessary placements, and insufficient staffing, taken together, diminish the capacity of psychiatric hospitals to abide by the legal provisions and respect legal safeguards concerning placements and periodic, timely reviews.

With regard to the new legal framework suited to the specific needs of people with mental disabilities[iii], which pertains to the implementation of the Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania judgment, alternative, community-based mental health and social care services are essential to ensure the effectiveness of this reform. The Romanian government, in their latest communication, discussed the new legislation on supporting the de-institutionalization process for adults with disabilities; the implementation of this law is key in ensuring the efficiency of the legal framework which is meant to provide a tailor-made responses for the independent representation of persons with disabilities. In addition, the judiciary gives weight to the living situation and independent life skills of persons with mental disabilities when assessing requests to vacate guardianship and determine protection measures.

Addressing the overcrowding and living conditions of detention in psychiatric hospitals, overcoming the deficiencies in the care of persons with mental disabilities in institutions, ensuring the efficiency of the reform on representation for persons with mental disabilities and putting an end to the practice of unlawful involuntary placements: these are all directly dependent on the creation of effective alternative community-based mental health and social care services, including living alternatives. Without these, the same paternalistic approach, the same prejudices, stigma and mentality, and the same human rights violations will continue to occur.

Concerns about the Committee of Ministers’ previous approach in disability cases validating trans-institutionalization

The Committee of Ministers is not legally bound to apply other human rights instruments which grant higher protection than the European Convention of Human Rights. This had led to a discrepancy between the standards of the UN CRPD and the jurisprudence of the Committee of Ministers in two Bulgarian judgments concerning psychiatry and mental health, which are pending implementation. For example, in Nencheva and others v. Bulgaria, the Committee “invited the authorities to finalise without delay the creation of 20 new medical residential centres”, while in Stanev v. Bulgaria, the Committee referred to measures adopted by the authorities, which “go in the right direction”.

This type of approach on the part of the Committee of Ministers may be seen as encouraging measures which help perpetuate institutionalization. The building of 20 new residential centers means that these institutions will be occupied for years by generations of children with mental disabilities, who will remain at-risk in institutional settings, rather than living in family-type settings as is their right.

As regards Bulgaria’s deinstitutionalization strategy, civil society, the UN and the Council of Europe itself have raised continuous concerns about the way Bulgaria is carrying out its’ deinstitutionalization strategy, by investing in the building of small institutions, and essentially moving residents from large buildings to smaller buildings. This tokenistic approach keeps people in institutions, unseen in society, and ensures that the same patterns continue, as the new institutions are built. Despite these concerns, the Committee of Ministers has stated the measures taken by Bulgaria “go in the right direction”, which, in the light of these criticisms, may raise objections from other human rights actors.

Positive developments in the Committee of Ministers’ jurisprudence in disability cases

On the positive side, in the Stanev v. Bulgaria case, in March 2023, the Committee did question the effectiveness of building new family type-homes in remote locations, where qualified staff and services are hard to come by. However, while the importance of location and qualified staff is undeniable, the creation of small new institutions remains a measure that violates the UN CRPD because it perpetuates institutionalization, even when these two key factors are addressed.

Another important positive development in the Stanev case, was that, in March 2023, the Committee also noted the importance of availability of social services when establishing new facilities in communities.

The scope of implementation of the key Romanian leading cases on psychiatry and mental health is not identical with the Bulgarian ones[iv]. This means that it is unlikely that the Committee of Ministers would comment on how Romania is conducting its’ deinstitutionalization strategy, but it should still address the importance of proper deinstitutionalization and alternative community-based treatment and social services. In any case, the lessons learned above remain relevant in both national contexts.

Conclusion

There is a gap between the standards of the UN CRPD and the standards of the European Court of Human Rights, the latter being more lax when it comes to using coercive measures against people with mental disabilities[v]. Neither the right to liberty and security, nor the right to live independently and be included in the community (while not protected by the European Convention of Human Rights and thus not directly relevant for the supervision mandate of the Committee of Ministers), can be respected if persons with mental disabilities are subjected to institutionalization and deprivation of liberty based on their disability.

Clearly, implementation measures concerning psychiatry and mental health must remain within the scope of the judgement. Even when the scope of the case is narrow, these measures should not contravene other relevant international human rights instruments, such as the UN CRPD. At the same time, the scope must be seen and interpreted both in the letter and in the spirit of the law: the validation of formalistic measures which slow down the process of fulfilling other social rights, guaranteed by other human rights instruments, should be avoided.

Furthermore, while the wording of the judgments pending implementation against Romania does not explicitly dictate the need for alternative community-based mental health and social care services in order to address the issues in these judgments, their upcoming examination presents an opportunity for the Committee to develop its’ jurisprudence with a well-rounded approach and understanding of the circularity of human rights violations which defines the lives of many persons with mental disabilities living in psychiatric hospitals and social care homes, who need independent and effective representation, and the real causes behind these systemic issues. In order to ensure the development of effective long-term solutions to these systemic problems, the Committee should align its’ approach with the UN CRPD, rather than take a strictly formalistic approach based only on the wording of the ECtHR judgment. 

Without alternative, community-based mental health and social care services, people with mental disabilities will remain trapped in unescapable patterns of human rights violations.

Footnotes


[i] According to statistics by the National Authorities for the Rights of Persons with Disabilities, on 31.12.2022, 16 418 persons with disabilities were institutionalized. According to the data from the Romanian Ministry of Health there are 16,073 psychiatric beds nationwide, out of which 8841 are in chronic wards.

[ii] This vicious circle is portrayed by the Gorbatyuk v. Ukraine case, which concerned the applicant’s impossibility to secure a review of her legal capacity. Before applying to the Court, she was living independently and working. Following the delivery of the ECtHR judgment, she was institutionalized by her guardian (the same one she had tried to have removed), and her state of health has severely deteriorated. The authorities have not paid just satisfaction to her, and her right to claim compensation has expired. She now remains under a conflict-of-interest legal guardianship, unable to claim compensation, unable to challenge the guardianship, deprived of liberty, living in an institution.

[iii] Relevant in the implementation of the Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania judgment; see the Romanian government’s updated communication on general measures, provided on 22 March 2023 (DH-DD(2023)354-rev).

[iv] For example, the Stanev v. Bulgaria cases concerns (inter alia) the unlawful placement in social care homes and the lack of judicial review, while the Romanian cases concern: the unlawful placement in psychiatric hospitals (Cristian Teodorescu v. Romania), the deficiencies in the legal protection and medical and social care afforded to vulnerable persons and the lack of safeguards and remedies regarding placement in both residential social care facilities and psychiatric hospitals (Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania).

[v] The Council of Europe itself has been criticized for promoting legislation on coercive mental health measures in Europe (through the draft Additional Protocol to the Oviedo Convention) by the Working Group on Arbitrary Detention; the Special Rapporteur on the rights of persons with disabilities; the Chair of the Committee on the Rights of Person with Disabilities and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, UN experts and international civil society: https://rm.coe.int/letter-un-bodies-to-sg/16808e5e28; https://www.hrw.org/news/2020/11/04/what-does-council-europe-have-against-people-disabilities ; https://news.un.org/en/story/2021/05/1092982

EIN saddened by the loss of Jean-Paul Costa

In the course of a distinguished legal career, Jean-Paul Costa was appointed as a judge at the European Court of Human Rights in 1998. He served as the Court’s President between 2007 and his retirement from the Court in 2011.

After stepping down from his role at the Court, Mr Costa remained active in the human rights field. In particular, he became President of the René-Cassin Foundation, a human rights organisation based next to the European Court of Human Rights in Strasbourg. It was in this capacity that his work crossed paths with EIN. In 2017 Mr Costa was instrumental in arranging for EIN to occupy an office space in the building of the René-Cassin Foundation. EIN had just been created: it was short of funding and had no base. The establishment of the EIN office in a key location, for an affordable rent, was therefore hugely beneficial for us a young network. EIN was extremely grateful to Mr Costa for this gesture, as well as his warm support over the following years.

Jean-Paul Costa died on Thursday 27 April, aged 81. EIN is saddened by the loss of a tireless defender of human rights.

You can read more about the life of Jean-Paul Costa and his contribution to the protection of human rights across Europe here.

EIN Workshop: Implementation of ECtHR Judgments concerning Psychiatry, Mental Health and Disability Rights in Romania

Last week, EIN held a workshop on the implementation of European Court of Human Rights judgments concerning psychiatry, mental health and disability rights in Romania, which took place on Monday, 27th March 2023.

This workshop focused on the implementation of ECtHR judgments concerning disability and mental health in Romania, specifically for Romanian civil society representatives. Civil society activists, lawyers, self-representatives, psychologists, and parents of children and adults with disabilities joined us for this workshop. 

We provided participants with an overview of the ECtHR implementation process focusing on the scope of implementation of key judgments and on evidencing issues. We discussed the following cases, which are all on the Committee of Minister’s Human Rights Meeting June 2023 agenda:

  • Centre for Legal Resources on behalf of Valentin Campeanu v. România, concerning the authorities’ failure to protect the right to life of Mr Câmpeanu, a young man with a severe intellectual disability.

  • N v. Romania (no. 2), concerning deficiencies in the current system of legal protection for vulnerable adults

  • Parascineti v. Romania, concerning the ill-treatment during involuntary placement in the psychiatric unit of a psychiatric Hospital, due to overcrowding, poor sanitary and hygiene conditions, including the absence of an individual bed, and the impossibility to spend time outdoors due to staff shortages.

  • Cristian Teodorescu v. Romania, concerning unlawful placements in psychiatric hospitals without compliance with the procedure prescribed by the Mental Health Act and without any justification relating to the applicant’s mental health condition.

  • N. v Romania, concerning the unlawful psychiatric confinement as a security measure and deficiencies in the judicial review proceedings regarding the applicant’s continued confinement.

  • R.D. and I.M.D. v. Romania, concerning the non-voluntary confinement of the applicants in a psychiatric hospital, for the purpose of compelling them to undergo medical treatment and about the obligation to undergo that medical treatment.

The workshop concluded with an open discussion with participants about developments at the national level and implementation challenges in these cases.

We thank everyone who joined the workshop, and we hope to see your submissions and engagement with the implementation of ECtHR judgments in the future.

Training Seminar - Strengthening the implementation of Strasbourg court judgments through Rule 9 submissions: What role for NGOs?

This week we hosted a training seminar titled Strengthening the implementation of Strasbourg court judgments through rule 9 submissions: What role for NGOs? This online training took place with the University of Padova in Italy on the 22nd of March 2023.

In the first session, Agnès Ciccarone, EIN Programme Manager, provided welcoming remarks, introduced the session and invited participants to introduce themselves. Following the introduction, George Stafford, EIN Director discussed why NGOs and civil society should advocate for the implementation of judgments.

Next, Ioana Iliescu, EIN Law and Advocacy Officer, held a presentation regarding the key elements of the implementation process of judgments of the European Court of Human Rights, and the Committee of Ministers’ execution process. Each session was followed by a Q&A session.

The second session focused on drafting Rule 9 Submissions. Agnès Ciccarone, EIN Programme Manager, provided participants with advice for making Rule 9 submissions.

The final training session of the day concluded with an exercise giving participants the opportunity to discuss how they would engage with the implementation of the ECtHR judgments focusing on the following cases:

  • Nedim Şener Group of Cases v. Turkey, which concerns pre-trial detention of individuals, mainly journalists, on serious charges, such as aiding and abetting a criminal organisation or attempting to overthrow the constitutional order;

  • G.L. v Italy, which concerns the inability for an autistic child to receive specialised learning support to which she was entitled by law, in first two years of primary school.

We thank everyone who joined the event, and we hope to see your submissions and engagement with the implementation of ECtHR judgments in the future.

Job Vacancy: Director of EIN

Since it was established in December 2016, EIN has been at the cutting edge of addressing one of the key challenges to human rights in Europe: the non-implementation of judgments of the European Court of Human Rights (ECtHR).

EIN is a non-governmental, member-based network. Our mission is to build and strengthen the ability of civil society to advocate for better implementation of ECtHR judgments; to act as a platform for civil society advocacy to promote ECtHR implementation; and to support more robust structures that facilitate implementation both nationally and at the Council of Europe (CoE). EIN carries out a range of activities to fulfil this mission, including providing legal guidance to civil society from across Europe, organising capacity-building events, publishing reports, convening advocacy events, and carrying out communications.

EIN has already made a significant impact on the ECtHR implementation issue. Its work with civil society has led to a tripling of the annual level of NGO engagement in the ECtHR implementation monitoring process. Advocacy at the Council of Europe has been followed by significant reforms to the institution’s work on judgment execution; whilst advocacy with the European Union has led the Commission to take into account the non-implementation of ECtHR judgments in its annual rule of law reviews. EIN works on the most important ECtHR cases is Europe, including the cases of Osman Kavala, Selahattin Demirtaş, and rule of law cases concerning Hungary and Poland. It works on cases covering the full range of ECHR rights, from torture, to gender-based violence, and the right to free speech. The network has 39 members across 25 states, as well as a three-person secretariat based in Strasbourg. It is governed by a board which is elected by its members.

The job

  • Contract Period: Indefinite.

  • Location: Strasbourg, France.

  • Salary: Between €4,167 per month gross (€50,000 per annum) and €4,583 per month gross (€55,000 per annum), depending on qualifications and experience.

  • Other Benefits: 25 days of annual leave per year, in addition to annual holiday between 24 December and 1 January, inclusive. Comprehensive health insurance package.

  • Remote working: EIN has a remote working policy of two days per week on an ongoing basis, as well as an allowance of one month per year to work remotely outside of Strasbourg (in periods when this does not affect our ongoing work).

  • Starting date: as soon as possible.

 The Director is responsible for ensuring that EIN is effective in pursuing its mission. In particular, it involves the following:

  • Devising and implementing the strategic direction of the organisation and its workplan.

  • Managing EIN staff.

  • Ensuring the effective financial management of the organisation, including overseeing the drafting of the annual budget.

  • Co-ordinating the organisation’s fundraising, including drafting fundraising applications and reports, and liaising with donors.

  • Representing EIN in public fora, including conferences and chairing quarterly briefings to the Committee of Ministers.Developing collaborative relationships with key stakeholders, including leaders of national civil society organisations from across Europe, permanent representations to the CoE, senior CoE staff, government agents, donors, and EU officials.

  • Monitoring and evaluating the implementation of ECtHR judgments on a national and thematic basis; coordinating the drafting of reports.

  • Coordinating the provision of advice to NGOs and lawyers working to promote the implementation of ECtHR judgments, including written submissions to the CoE monitoring process.

  • Devising and co-ordinating the drafting of resources to be used by lawyers, NGOs and NHRIs.

  • Devising and overseeing the implementation of training events for members of civil society.

  • Overseeing the organisation and preparation of Board meetings and general assemblies.

  • Conducting organisational visits to countries, including public roundtables, meetings with government officials, and capacity-building events.

The position will require modest amounts of international travel.

A transitional period of remote working is possible at the start of the new appointment before relocation to Strasbourg, lasting a maximum of two months.   

Essential Experience

At a minimum, the successful candidate must:

1.      Have a higher education degree or other qualification equivalent to a master’s degree in law.

2.      Have six years of relevant work experience, including four years on litigation at the ECtHR or the implementation of ECtHR judgments as an independent lawyer, in an NGO or National Human Rights Institution, at the Council of Europe or in a national government.

3.      Have experience of working for an NGO or a National Human Rights Institution.

4.      Have experience of carrying out advocacy in public events.

5.      Have a very strong knowledge of written and spoken English, including the ability to draft legal submissions and carry out high-level advocacy.

6.      Have a strong commitment to securing full implementation of ECtHR judgments, an understanding of the essential role that NGOs should play in the implementation process, and the drive to greatly increase the scale and effectiveness of their contribution.

Candidates must also have the right to live and work in France.

Desirable Experience

The following is not essential to the job, but it is desirable:

1.      Experience of project management.

2.      Experience of fundraising, particularly in the NGO sector.

 

Competencies

The competencies for the Director position reflect the full range of functions in the job description. For this recruitment we will work just with those which are most important at this stage of the organisation’s development. We will use these in deciding who to appoint to the post. However, we do not expect applicants to be strong in all of them. We are committed to developing our staff so that they can improve their performance and personal effectiveness.

The competencies for the position are as follows:

1.      Leadership: Demonstrates clear commitment and enthusiasm for organisational values, goals and policies. Motivates others to act in particular ways to achieve specific goals. Provides direction and has the authority or influence to persuade others to follow.

2.      Developing and Implementing Strategy. Translates and develops the vision, mission and values created by the board and membership into effective strategies. Translates strategic aims into practical and achievable plans. Understands the climate and culture in the wider political and social environment in which EIN operates. Understands political processes and how to operate within them.

3.      General Management: Manages operational processes to ensure the organization delivers outputs that meet stakeholder, organisational and legal requirements. Demonstrates good presentational and media skills. Is concise and persuasive orally and in writing. Delivers results on time, to budget and to a high quality.

4.      Project Management: Plans projects effectively. Co-ordinates activities, resources, and plans in order to complete projects to agreed timescale. Keeps key stakeholders informed and effectively communicates project outcomes. Contributes to the evaluation of project planning and implementation.

5.      Financial Management. Ensures: systems and procedures are in place for managing money efficiently; expenditure is continually monitored to ensure best value for money and prompt corrective action is taken where needed; reports of performance against budget are accurate, timely and presented to the Board and other relevant parties as required.

6.      Management of People and Relationships: Communicates effectively with the board and officers. Develops productive relationships with stakeholders. Identifies key partners and strategic partnership opportunities locally, nationally, and internationally; sets up partnerships to maximise mutual benefit. Develops productive relationships with colleagues; incorporates results of assessments into personal development plans. Promotes equality and diversity.

7.      Personal organisation: Manages own resources – own time, energy, knowledge and understanding and physical and mental skills – effectively in order to meet the requirements of the job. Agrees achievable objectives for self and gives a consistent and stable performance. Prioritises objectives and schedules work to make best use of time and resources. Develops self to improve own performance. Insists on openness and communication, motivated by values of inclusiveness and getting on with the job. Demonstrates high standards of honesty, integrity and fairness. Offers objective advice to board and officers without fear or favour. Shows respect for the views and actions of others.

How to Apply

Please complete the application form which can be downloaded below.

The closing date for applications is 5th April at 8 pm CET. Shortlisted candidates will be asked to complete a short written task. Interviews of shortlisted candidates will take place between 3rd and 5th May in Strasbourg.

If you have any questions concerning this application, please contact aciccarone@einnetwork.org.

 

George Stafford to leave EIN

The following is a message from EIN’s Chair Professor Başak Çalı and EIN’s Vice Chair Professor Philip Leach:

EIN’s Director George Stafford will be leaving the organisation in May 2023.

George has been an important part of EIN’s growth from a small network when he started in October 2018, to a group of 39 members across 25 different European countries today.

During his time at EIN, the issue of the implementation of ECtHR judgments has risen quickly up the agenda for civil society and institutions. The level of NGO engagement in the implementation monitoring process has tripled, following an information-spreading programme which he started in January 2019. Civil society participation has also been strengthened by the EIN capacity building events that he has overseen, which have involved the training of over 450 people from across Europe.

Following EIN’s sustained advocacy highlighting the size of the ECtHR implementation challenge, in May 2021 the Council of Europe identified its top strategic priority as the implementation of the ECHR and ECtHR judgments at the national level. The EU is also now holding states to account for their ECtHR implementation record, following a successful advocacy project George launched to include the levels of Strasbourg Court judgment execution in the EU Commission’s annual rule of law reports.

Turning to work at the national level, George has championed the reform of government implementation mechanisms as fundamental to improving overall levels of ECtHR implementation. This was a central issue of discussion in EIN largest ever conference, held in Strasbourg in June 2023, and has influenced subsequent Council of Europe projects on this issue.

Advocacy for the implementation of particular cases together with NGOs and lawyers is a central part of EIN’s work. During George’s tenure, the organisation was closely involved in the acquittal of Ilgar Mammadov and six other Azerbaijani opposition figures; achieving protections for a victim of domestic violence in Ukraine; and wider reforms on the full range of ECHR rights, including measures to combat hate crimes and protect free speech.

In a message to EIN members, George wrote:

Over the last four and a half years, I have tried my hardest to promote the implementation of judgments of the European Court of Human Rights. I have been extremely fortunate to work on an issue that I care deeply about, with a large community that cares deeply about it too. My motivation has always been sustained simply by spending time with all of you. There is nothing more inspiring than working with hardworking, passionate human rights defenders from across Europe, who are dedicating their energy to protecting the values that matter most.

We wish George the very best of luck in his future endeavours.

EIN will seek to appoint a new Director as soon as possible. For information on the recruitment process and how to apply, click here.