a) Inter-state complaint: any state party may refer an alleged breach of the Convention or
substantive Protocols by another state party.109
b) Individual complaints: if a case can satisfy the admissibility criteria, then individuals
within states parties have the right to make a complaint to the European Court.
Execution of the Court’s judgments is overseen by the Committee of Ministers, a political
body composed of government representatives of all the member states (see art. 46 ECHR).
Other Council of Europe human rights machinery
European Committee for the Prevention of Torture
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment provides a mechanism for the prevention of torture, rather than for
exercise of jurisdiction over those accused of torture. It establishes a European Committee
for the Prevention of Torture (CPT) that, through visits to the penal and other institutions
within states parties, examines the treatment of those deprived of their liberty with a view
to strengthening (if necessary) the protection of such persons from torture. The Committee
members are independent experts and states are required to allow such visits.
Visits to any state are normally scheduled in advance but occasional ad hoc visits may also
take place. Once the CPT is in a state, it can visit any place where people are deprived of their
liberty, without giving advance notice. Its meetings are private, as are its discussions and reports. The report may be published if the state fails to co-operate and the Committee decides
by two-thirds majority to do so. Since this was done with respect to Turkey in 1992, most
states have voluntarily allowed for publication. For instance, the CPT recently issued a public
statement concerning the situation in the Chechen Republic of the Russian Federation.110
European Committee of Social Rights (ECSR)
The function of the ECSR is “to judge the conformity of national law and practice with the
European Social Charter.” It operates two monitoring procedures: a reporting system and a
collective complaint system (e.g., by NGOs). In its constituent instruments, the Committee
is called a Committee of experts or Committee of independent experts.
Council of Europe Commissioner for Human Rights
The Council of Europe Commissioner for Human Rights was established in 1999. The Commissioner is mandated to:
• foster the effective observance of human rights, and assist member states in the implementation of Council of Europe human rights standards;
• promote education in and awareness of human rights in Council of Europe member
states;
• identify possible shortcomings in the law and practice concerning human rights;
109 This procedure has been little used, although cases have been brought, for example, by Ireland against the United
Kingdom, by the Scandinavian states against Greece during the military regime, by Denmark against Turkey, and
by Cyprus against Turkey.
110 On 13 March 2007, available at http://cpt.coe.int/en/states/rus.htm. The full list of state visits is available at http://
cpt.coe.int/en/visits.htm.
Countering Terrorism, Protecting Human Rights
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