EIN delivers first thematic training for NGOs on ECtHR judgment execution

Addressing challenges in implementing asylum & migration cases

On 11 and 12 October 2018, the European Implementation Network (EIN) organised its first thematic training seminar for non-governmental organisations (NGOs). The event, which took place at the European Youth Centre in Strasbourg, brought together 17 civil society representatives from across Europe to explore ways to advocate for the implementation of judgments of the European Court of Human Rights (ECtHR, ‘the (Strasbourg) Court’) in the field of asylum and migration.

Participants in the Training. Photo: EIN

NGOs in Council of Europe (CoE) member states possess a wealth of data and knowledge from the ground about domestic legislation, policies, administrative and judicial practices affecting the rights of asylum seekers, refugees, and migrants – information that is arguably crucial to be brought to the attention of the Committee of Ministers, the CoE’s decision-making body responsible for assessing whether a state has complied with its obligation to implement, or ‘execute’, the judgments handed down against it by the Strasbourg Court.

Especially (but not exclusively) where implementation is protracted or stalled, civil society can inject a degree of urgency into the judgment execution process, contribute to changing its direction, or prevent the CM from ending its supervision of the execution process prematurely. One powerful, but strikingly underutilised avenue for doing so is for NGOs and National Human Rights Institutions (NHRIs) to submit information to the CM in accordance with Rule 9.2 of the Rules of the Committee of Ministers. Yet, the total number of civil society submissions is very low, as stressed by EIN Co-Director George Stafford at a recent committee hearing at the Parliamentary Assembly of the CoE.

The thematic area of asylum and migration forms no exception in this regard. Important judgments remain unimplemented, and a number of cases have been pending before the CM for many years. The space for domestic advocacy for the rights of some of the most vulnerable members of our societies is shrinking in several states across Europe, with populism and anti-immigrant sentiment being on the rise. Still, NGOs have intervened in only a handful of asylum and migration related cases by submitting ‘Rule 9’s, notably because information about how the process works is not readily available.

EIN regards the lack of civil society engagement in the judgment execution process as among the key reasons for prevailing implementation challenges. Our training activities aim to enable NGOs to meaningfully engage with the judgment execution process, thus allowing for a balanced assessment on the status of implementation of many important ECtHR cases.

Thus, EIN’s thematic training seminar on making effective Rule 9 submissions to advance implementation of ECtHR judgments in the field of asylum and migration covered a number of topics over the course of one-and-a-half days.

The seminar was preceded by a thematic briefing on implementation challenges in the field of asylum and migration, organised jointly by EIN and the Open Society Justice Initiative as a side-event to the autumn part session of the Parliamentary Assembly of the Council of Europe (PACE).

The first session of the training itself was devoted to presentations by two representatives of the Council of Europe’s Department for the Execution of Judgments and by EIN Bureau members about the CM judgment execution process and the avenues for NGOs to engage with it. This was followed by selected participants sharing their experience of researching and drafting Rule 9.2 submissions in relevant cases against Italy, Greece and the Russian Federation. Building upon this foundation, an interactive group exercise on how to decide on the scope, and develop the content and recommendations in a Rule 9.2 submission regarding one of three cases currently pending before the CM concluded the first day of the training.

The second day broadened the focus beyond Rule 9 submissions, kicking off with a presentation on EIN’s Strasbourg-based advocacy. Together with representatives of the CoE’s European Programme for Human Rights Education for Legal Professionals (HELP) and the Office of the Commissioner for Human Rights, participants then explored ways to engage CoE entities other than the Committee of Ministers and the latter’s secretariat in their efforts to promote implementation of asylum and migration related ECtHR judgments. The ultimate session had participants brainstorm about tangible ways to move forward in their advocacy regarding specific cases, and about how to overcome prevailing obstacles to full and effective implementation.

EIN wishes to thank all participants and all speakers from the Council of Europe for their active contributions to this seminar. With participants having been selected on the basis of the anticipated impact for human rights of the work they are carrying out (or planning to carry out) to promote the implementation of specific ECtHR judgments in their country, EIN is looking forward to seeing training participants submit Rule 9s in the cases they are working on.

Your NGO is also considering preparing a Rule 9 communication? Consult EIN’s Handbook for NGOs on implementation of judgments of the European Court of Human Rights for helpful tips, and get in touch with us (director@einnetwork.org) if you are seeking further advice on how to research and draft your submission.

Photos: EIN

Latest regional workshop delivered for NGOs on implementation of European Court judgments

In late March 2018, the European Implementation Network (EIN) put out a call for applications from civil society organisations for its second regional training workshop on the implementation of judgments of the European Court of Human Rights (ECtHR). The training took place at the European Youth Centre in Strasbourg from 21 to 22 June. The first workshop was held from 2 to 3 February at the Helsinki Foundation for Human Rights in Warsaw.

Group photograph of the participants at the training. Photo: EIN

The training was conceived based on the fact that civil society organisations have a critical role to play in the process that underpins the supervision of the implementation of ECtHR judgments by the Committee of Ministers – the Council of Europe’s decision-making body responsible for the judgement implementation process. The access that is afforded to NGOs and other civil society organisations is made possible under Rule 9.2. of the Rules of the Committee of Ministers.

Nigel Warner, EIN Treasurer, and Kevin Steeves, EIN Director, open the regional training workshop. Photo: Ramute Remezaite.

Yet there is little readily accessible information on how the judgement execution process works and how civil society organisations can engage to best effect. The result is that this powerful mechanism for implementing human rights judgments is very underutilised. The total number of NGO submissions is consistently low, normally in the range of 70-90 each year. In contrast, there are well over 800 government action plans and action reports being submitted annually to the Committee of Ministers. As a result, there is not enough non-governmental analysis and perspective being presented to the Committee of Ministers in order for it to make a balanced assessment on the status of implementation of many important ECtHR cases. 

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This lack of knowledge and engagement by NGOs and other civil society organisations needs to be understood in the larger context of the many, many thousands of ECtHR cases still pending implementation or only partially implemented each year. In 2017, 7,500 cases were pending. Of these approximately 1,400 cases are so-called “leading cases” that require the putting in place of broader measures (so-called “general measures”) in the form of domestic legal, policy and institutional reforms needed to prevent repetition of the violation in question in the future. It is on these cases where civil society input in particular is required in order to help societies realise real positive change in the overall context of promoting and protecting human rights in Europe. 

From the many applications received, 22 lawyers and other experts from NGOs and other civil society organisations from across Europe were selected for the training workshop. Those other qualified applicants not selected due to limited space may be considered for similar training in the future as well as for thematic training on implementation that EIN expects to conduct on topics such as asylum and migration, fair trials and others.

Other workshop participants and presenters included EIN secretariat staff and Bureau members, a Head of Division in the Council of Europe’s Department for the Execution of Judgments of the ECtHR, a Legal Adviser of the National Consultative Commission on Human Rights in France, a Head of Division as well as an Adviser to the Council of Europe's Commissioner for Human Rights, and others.

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Workshop participants covered a number of topics over the course of the one-and-a-half days of interactive training. These included the various facets of the judgment execution process, the role of NGOs in the process, best practices on how to prepare Rule 9.2 submissions and advocacy strategies and tactics both in Strasbourg and at the national level. The workshop combined presentations by experts on how to engage effectively in the judgment execution process; sharing of learning by participants who have already engaged with implementation; and group exercises to help participants develop the content and recommendations in submissions they expect to prepare in the future for the Committee of Ministers.

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NB: All gallery pictures from EIN

Inaugural training seminar held by EIN in Warsaw

The European Implementation Network (EIN) held its first-ever training seminar at the Helsinki Foundation for Human Rights in Warsaw from 2 to 3 February 2018.

The design of the training centred on the Council of Europe (CoE) process that underpins the supervision of the implementation of the judgments of the European Court of Human Rights (ECtHR).

Presentation by Nikolaos Sitaropoulos, Head of Division, Department for the Execution of Judgments, Council of Europe. Photo: EIN

Under Rule 9.2 of the Rules of the Committee of Ministers (CM), the CoE’s decision-making body responsible for ensuring the implementation of ECtHR judgments, civil society organisations can make submissions in support of the implementation process. These inputs and associated advocacy efforts in Strasbourg and domestically are vital to an effective, transparent and participatory execution process. They provide the CM with up-to-date and accurate information and analyses on the state of implementation and enable civil society organisations to take part directly in the execution process.

Yet civil society organisations active in CoE member states currently underutilise the opportunities afforded to them by Rule 9.2 submissions. The impetus for the training stemmed in fact from an EIN analysis in mid-2017. This showed that there were only 90 such submissions in all of 2016 in the face of nearly 10,000 cases pending implementation, including 1,500 leading cases. In comparison, governments submitted 227 Action Plans and 460 Action Reports in 2016, respectively.

As a result, there is an ongoing need to increase the involvement of NGOs in making Rule 9.2 submissions to adequately complement the information on the status of implementation coming from governmental sources; and ensure that the information and analyses provided are pertinent to overcoming the respective challenges to implementation as seen through the lens of the work of NGOs and other civil society organisations.

Over 25 participants took part in Warsaw training event, including staff from EIN members and partners, the Head of a Division in the CoE’s Department for the Execution of Judgments, the Government Co-Agent for the Coordination of the Execution of Judgments, the Polish Ombudsman and others.

Through a mix of interactive sessions, the training in Warsaw allowed participants to enhance their skills related to the execution process of the CoE and to better understand and navigate the opportunities offered for getting involved in this process. Participants benefited from the experience of others and shared best practices in preparing and drafting impactful Rule 9.2. submissions. The training focused as well on advocacy activities in Strasbourg and domestically to ensure the follow-up to submissions.

Discussion with Adam Bodnar, Polish Ombudsman. Photo: EIN

Presentation by Sebastian Kurek, Government Co-Agent for the Coordination of the Execution of Judgments, Ministry of Foreign Affairs, Poland. Photo: EIN

The feedback received from the participants was very positive overall. As a result, EIN made relevant enhancements and adjustments based on the suggestions received and is now calling for applications for the next training seminar to be held in Strasbourg from 21 to 22 June 2018.  More information including the application form, which is due by 26 April, can be found here.