The Council of Europe has published a new factsheet on changes that member states have introduced after the European Court of Human Rights found violations of Article 18 of the human rights convention.
Article 18 of the European Convention on Human Rights reads as follows:
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
This essentially means that states can only restrict people’s fundamental rights and freedoms for reasons set out in the Convention. So, for example, someone can be sent to prison for committing a crime but not because a government disagrees with them. This helps to prevent the misuse of state power.
Both the Court and the Council of Europe’s Committee of Ministers, which ensures that the Court’s rulings are implemented by member states, take Article 18 violations very seriously.
The Committee has only ever twice launched proceedings against a member state for failing to implement a judgment from the Court. Both of those cases involved violations of Article 18.
Despite their complex nature, positive steps have been taken by member states following Article 18 judgments. These have involved both putting things right for the people involved and taking steps to make sure the same violation does not happen again.
For example, in the Mammadli group of cases against Azerbaijanseveral applicants either had their convictions quashed or were awarded compensation by the national authorities – on top of damages awarded by the European Court – following Article 18 violations. Important changes were also made to reinforce the role and independence of the judiciary in Azerbaijan, although more remains to be done before these cases can be fully closed.
As well as pardoning or acquitting people directly affected by Article 18 violations, other examples of progress include changes to the prosecution service following the Cebotari v. Moldova judgment and on-going reforms to strengthen the independence of judges and prosecutors following the Lutsenko and Tymoshenko judgments against Ukraine.
Impact of the European Convention on Human Rights website
Department for the Execution of Judgments of the European Court of Human Rights
All thematic factsheets on the implementation of ECHR judgments
