Network Exchange: Sharing Implementation Success on Pre-Trial Detention

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Sharing implementation success stories in one country can aid in developing strategies in another. EIN seeks to establish possible connections through our network of members across Europe, to facilitate exchanges between organizations in different countries who work towards implementing the European Court of Human Rights (ECtHR) judgments.

An example of this exchange was a roundtable discussion between organisations in Moldova and Hungary concerning pre-trial detention, held on Friday 16th October 2020. The Hungarian Helsinki Committee has had positive results in their advocacy for reducing unwarranted pre-trial detention in Hungary, following a series of ECtHR judgments under the X.Y. v. Hungary group. This implementation success was a result of the Hungarian Helsinki Committee contributing to legislation and working to ensure its implementation through a wide variety of activities. Some of their most notable impacts were achieved through the creation of easy to use resources on the relevant ECHR standards, which they disseminated widely to lawyers, prosecutors and judges. These have been used routinely by these actors, helping to ensure that the relevant standards are being raised and discussed in Hungarian courts. 

In Moldova, a similar problem regarding pre-trial detention has been highlighted through the ECtHR judgments in the Sarban group – particularly regarding the Courts’ failure to give relevant and sufficient reasons when approving the applicants' pre-trial detention and/or refusing the applicants’ habeas corpus requests. A series of Moldovan NGOs take an interest on this issue, including:

Legal Resources Centre from Moldova

Promo-LEX

Lawyers for Human Rights

RCTV Memoria 

These groups all participated in the exchange organised on 16th October 2020. The Hungarian Helsinki Committee shared their best practices and lessons learnt during the implementation process on unwarranted pre-trial detention. Positive feedback from the session indicates that this will have an impact on the strategies used in Moldova on the same issue.

See latest Legal Resources Centre from Moldova submission to the CoE Committee of Ministers

We hope to organise more collaborations on sharing implementation successes with our partners and members in the future.  

For more information about the Network and EIN Members:

https://www.einnetwork.org/implementation-activities

Resources included in the presentation:

(1) The Practice of Pre-Trial Detention: Monitoring Alternatives and Judicial Decision-Making (2014-2016)

(2) The Cost of Detention (2014)

(3) Separate, tailor-made manuals for Hungarian judges and attorneys (manual for attorneys contains information on how to turn to the ECtHR)

(4) An additional online tool was created for judges for better access

(5) Compiling a handbook for advancing effective defence (easy-to-handle online format)

(6) Rule9(1) communication on behalf of one of our clients who remained in PTD (our only Rule9 communication in this area!)

(7) Repeatedly raising the issue in reports prepared for international organisations, e.g.: 

  • briefing paper for the UN Working Group on Arbitrary Detention in 2013

  • shadow reports to the UN Human Rights Committee in 2010 and in 2018

  • Universal Periodic Review in 2010 and in 2015

Building Partnerships to Strengthen Freedom of Assembly in Russia

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Freedom of assembly is highly restricted in a number of European countries. Over 70% percent of freedom of assembly violations found by the European Court of Human Rights (ECtHR) in the last ten years are still pending implementation. 

EIN is working with Russian NGOs, Memorial and OVD-Info, to promote the implementation of ECtHR Judgment Lashmankin and Others v. Russia, concerning issues of freedom of assembly in Russia. These organisations will provide recommendations to the Russian Ministry of Justice regarding the legislative amendments and reforms necessary to properly protect freedom of assembly in the country, in line with the standards of the European Convention of Human Rights (ECHR). They are working to form an alliance of organisations calling for change on this issue - not only with NGOs, but also engaging with local government, public authorities and media outlets to maximise potential reach and impact.

See Memorial and OVD-Info’s Rule 9.2 communication to the Council of Europe (CoE) Committee of Ministers.

Assisted by EIN,  Memorial and OVD-Info have submitted a Rule 9.2 communication to the CoE Committee of Ministers on Lashmankin, highlighting problems within Russian laws that restrict freedom of assembly. Serious problems include special criminal liability for participating in unauthorised public assemblies; gaps in laws that govern public events; an absence of real punishment for local authorities for non-compliance with relevant laws; a non-transparent system of approving events; a lack of public statistics; absence of control over regional compliance with the Federal law; or the European Court’s Lashmankin judgment; ineffective control over the police’s actions during detentions and arrests at public assemblies; and lastly, a general lack of awareness or negative attitude towards the principles established by the European Court on the part of the authorities, police and courts.

This communication also provided recommendations to Russian authorities to improve the situation with respect to public assemblies, including; setting new laws that govern assembly, amending old laws which are consistent with ECHR standards, training sessions, reasonable increases to the maximum number of participants permitted in assemblies, and ensuring that security measures are adequately in place. In early September 2020, the Committee of Ministers of the Council of Europe issued a Decision, echoing this call for reform and requesting that the Russian authorities make changes on key issues.  

Mass public protests have been crucially important to securing human rights and democracy across Europe. As well as playing a key role in pivotal historical moments, protests are important for allowing people to make their voices heard and contribute to the ongoing running of any democracy. 

EIN is excited to collaborate with Memorial and OVD-Info to advocate for freedom of assembly in Russia and promote the implementation of the Lashmankin judgment.

For media coverage on this alliance with various stakeholders on freedom of assembly in Russia:

For more information on assembly in Russia, see OVD-Info’s report on single-person pickets here