On 29 October, the Council of Europe Office in Pristina and Liaison Office of Greece in Pristina held an international online conference “Right to fair Trial and COVID-19 – Lessons Learned and Best Practices for the Future”, on the occasion Greek Chairmanship of the Council of Europe’s Committee of Ministers.
The event hosted prominent national speakers including the President of the Constitutional Court of Kosovo*, the Ombudsperson and representatives of civil society, as well as international keynote speakers including professors and senior lecturers at universities of Liverpool, Birmingham and Athens. The participants discussed and exchanged on the questions related to respect and protection of human rights in times of medical emergency, with specific focus on the Right to Fair Trial and the respective standards set in Article 6 of the European Convention on Human Rights (the Convention).
While the Convention foresees the possibilities to limit application of certain of its provisions in case of public health emergency, such limitations must be temporary, proportional to the legitimate aim pursued, and necessary in a democratic society. The limitations also must be subjected to regular control and shall not impose undue restriction on other human rights and fundamental freedoms. The rule of law, democracy and human rights protection are the main principles that need to be at the forefront in order to provide a sustainable response to public health protection, democracy maintenance and mitigation of social consequences of the crisis. These were the main messages echoed by participants during the discussions and keynote presentations.
The event also provided platform for the analysis of the situation with the right to fair trial in Kosovo* during the pandemic. In this respect some perspectives of the courts of all instances, independent human rights institutions and civil society were discussed. Further productive debate developed on the issue of derogations from the Convention in times of medical emergency, on the basis of Article 15 of the Convention, with main conclusion that respect for human rights remains the bottom line in case of emergency.
The conference produced several useful recommendations on good administration of justice during the pandemic for further application in everyday judicial practice.
The project “Improving the Protection of European Human Rights Standards by the Constitutional Court of Kosovo” is funded by Norwegian government and implemented by the Council of Europe. It is foreseen to be completed by 31 December 2020.
