ECHR Head Spielman to Eurofora: Ministers check Rulings Respect but EuroJudges also can act:=Art.1

*Strasbourg/ECHR/Angelo Marcopolo/- Even if CoE's Committee of Ministers is the body responsible to supervise the Execution of ECHR's Judgements by the respondent States, nevertheless, EuroJudges are not completely disarmed in this regard, nor Victims of Human Rights' Violations, since the 1st Article of the PanEuropean Convention applies in cases of serious and persisting Failure from a State to respect ECHR's rulings, the President of the PanEuropean Court of Human Rights, Dean Spielmann, replied in substance to a relevant Question raised by "EuroFora".

Denouncing the fact that often, too long Delays and/or blatant Failure by some States to really implement ECHR's Judgements condemning them for serious Violations of Human Rights, in addition to overloading Strasbourg's PanEuropean mechanisms by repetitive cases, may also provoke grave Harm to the Victims, as f.ex. vis a vis Refugees/Displaced Persons who Die before being able to get anything back from their Family Homes and private properties, contrary to ECHR's case law, and/or "Missing" Persons' Families, who criticize too many Years of Delays in searching to find Material Evidence on what really Happened to their beloved ones, and/or doing the necessary "Forensic Investigations", (etc), with the Risk to loose or even Destroy Evidence of grave Crimes, (as it happened, f.ex., recently, with the Letters to the CoE by a Group of Families of Greek Cypriot Persons gone "Missing" since the 1974 Turkish Military Invasion and Occupation of the Northern Part of the Country), "EuroFora" asked Spielmann if Article 1 of the PanEuropean Convention could Help the Court to act for compliance.

The 1st Article of the Convention on Human Rights asks from all CoE's Member States to "Ensure ...the Rights and Freedoms" defined by its text, to "everyone within their jurisdiction", and, obviously, No State could claim to do so, if it Failed, for too long, to do anything really efficient in order to Stop serious Violations of those Rights/Freedoms... A problem of notoriously growing Importance, particularly during recent years, which is due to be at  the Focus of a forthcoming PanEuropean Conference on "the Future of the Mechanisms for the Protection of Human Righst", organized by the current, Belgian Presidency of the CoE on February in Brussels, as Spielmann had just anounced, (placing it on the line of the landmark series of Annual Ministerial Conferences about ECHR's reform, which had notoriously started from 2010 at Interlaken, under Swiss chairmanship of the CoE : Comp. "EuroFora"s relevant NewsReports then from Interlaken).

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 - "You are absolutely Right !", replied positively from the start the experienced ECHR President to "EuroFora"s above mentioned Question.

>>> Because, indeed, "Article 1" of the PanEuropean Convention on Human Rights, "is of paramount Importance for the executon of ECHR's judgements, Spielmann underlined further, in this regard.

- Indeed, a State can't really Ensure the respect of Human Rights without Complying with ECHR's judgements, and, Article 1 refers to the Whole of the Convention, i.e. including its Article 46, which concerns the Implementation of Judgements, he observed in this regard.

=> This practically means that Citizens who are Victims of repeated and/or continuing Violations of Human Rights wouldn't necessarily be Hindered "from any action whatever, after an ECHR Judgement, whose execution would only conccern CoE's Committee of Ministers, exclusively.

Simply because they could, in this case, at least lodge also, later-on, a second Application, based, this time, mainly on the 1st Article of the PanEuropean Convention, denouncing the fact that the recalcitrant State failed in its Duty to secure the respect of this and/or that Human Right for persons in their jurisdiction, by not implementing a relevant ECHR's judgement for too many Years.

+ Obviously, another possibility for ECHR to convince States to comply with ECHR Judgements might be to start cooperating systematicaly with EU Parliament, (along the lines highlighted by new EU Commission's President Jean-Claude Juncker, in a landmark 2009 Report about EU - CoE cooperation, that PanEuopean Heads of State/Governmets' Summit in Warsaw, had entrusted him to prepare back since 2004, concluding mainly on joint moves to apply Human Rights, could also be to use nearby EU Parliament's competences (f.ex. in EU Budget matters, etc) in a way allowing for Financial and/or other Sanctions to recalcitrant States, etc. Something that even Strasbourg's spectacular Proximity between the two key Institutions' Buildings might facilitate. 

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+ On this same occasion, President Spielman also confirmed another "EuroFora"s observation, about the unusual Fact that, apparently, "most" among the numerous individual applications concerning the Ukranian confllict are addressed against .. Both primarily interested States, and Ukraine itself, and Russia, instead of accusing only one of them.

- "On the 2nd Question, concerning Events in Ukraine, Yes, you are Right, (many) Applications have been lodged against Both States", agreed with "EuroFora" ECHR's President, even if he found that, given that all these cases are "still Pending", he couldn't comment on them.

+However, speaking later-on to "EuroFora", ECHR's experienced Chief Registrar explained that many among those, really quite Unprecedented applications, apparentlly concern, at first sight,  "Missing" Persons, or Destuctions of Family Homes and private Properties, where it's not yet known who might be really responsible, while, at any case, this might also be due to the fact that probably noone among those States doesn't admit being "in Control" of the situation at the Autonomist Regions of Lugansk/Luhansk, and ECHR hasn't yet pronounced itself clearly on this point, (almost "as it had occured, in the recent Past, also for Transnistria", mutatis-mutandis, he reminded).

I.e. a probable issue of Article 1, concerning the question : - "Within" which State's "Jurisduction" the Victims are, (Comp. Supra)...