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The Council of Europe facilitates the exchange of best practices among the members states

On 4-6 June 2024, the delegation of the Office of the Representative of Armenia on International Legal Matters visited Netherlands to share experiences and lessons learned that will contribute to enhancing the effectiveness and efficiency of execution and implementation processes.

More specifically, the Government Agent of the Netherlands has a unique strategy and practice for the execution of ECtHR judgments at national level and the implementation of international standards. Furthermore, the Netherlands has a rich history of involvement in inter-state cases before the ECtHR, contributing to the development of jurisprudence and legal practices in this domain.

Hence, it was very useful to learn about the Dutch experience and gain valuable insights and guidance in addressing complex human rights disputes at the international level, especially since Armenia is a newcomer to inter-state proceedings and is currently involved in 7 inter-state cases before the ECtHR – in 5 cases as an Applicant and in 2 cases as a Respondent.  Moreover, Armenia recently ratified the Rome statute, marking a significant step towards strengthening its commitment to international justice and accountability. Thus, learning about the best practice for incorporating the Rome Statute into the Dutch domestic legal system was another important aspect to consider during the visit. Additionally, the participants benefited from the round- table discussion on Public International Law at Laiden University with specific focus on new developments in the field of international criminal law and use of satellite imagery as evidence in international proceedings.

The visit was organised by the Project “Support to the effective execution of the judgments of the European Court of Human Rights in Armenia”, funded by Human Rights Trust Fund and implemented in the framework of the Council of Europe Action Plan for Armenia for 2023-2026.

 

THE NETHERLANDS 4-6 JUNE 2024
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Start date: January 2023

Duration: 24 months

Budget: EUR 500,000

Donor: The Project is implemented under the Council of Europe Action Plan for Armenia for 2023- 2026 and funded by Human Rights Trust Fund

Main Partner: Office of the Representative of Armenia on International Legal Matters.

Other Partners: Ministry of Justice, Court of Cassation, Supreme Judicial Council, Prosecutor General’s Office, Ministry of Internal Affairs.

Contact person: Ms Gayane Hovhannisyan, Senior Project Officer

The Project is a part of the continuous endeavor of the Council of Europe to support Armenia in the effective implementation of the European human rights standards with a specific focus on the problem of excessive length of proceedings, late or non-execution of national courts’ judgments, effective judicial control over the pre-trial stage of the proceedings, right to freedom assembly, and effective investigations into allegations of ill-treatment and deprivation of life. 

The Council of Europe Action Plan for Armenia for 2023-2026 explicitly underlines the importance of the effective ECHR implementation as well as the need to enhancing the effectiveness of the ECHR system at national level. Building on the constructive co-operation established with the national partners, the Council of Europe will continue strengthening their capacities through the legal expertise, workshops, seminars and training on leading ECtHR case-law, as well as relevant study visits so that the institutions are able to effectively play their role in the process of execution of ECtHR judgments by Armenia and that the ECtHR case-law is applied in a more harmonised way at national level.

The Project will focus on accomplishing the following outcomes:

  • The national legislation and practice regarding the pre-trial detention, effective investigations of the alleged deprivation of life and ill-treatment, as well as freedom of assembly cases is further revised and aligned with the European standards.
  • The national legislation on the Compulsory Enforcement Service of the Ministry of Justice is improved to ensure proper regulatory framework and safeguards against late or non-execution of national courts’ judgments.
  • National authorities’ efforts on overseeing the execution of the ECtHR judgments are further enhanced and coordinated.
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