Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
“In exceptional circumstances, the competent authorities of the Party
concerned may make representations to the Committee against a visit at the time or to
the particular place proposed by the Committee”, although “such representations may
only be made on grounds of national defence, public safety, serious disorder in places
where persons are deprived of their liberty, the medical condition of a person or that an
urgent interrogation relating to a serious crime is in progress” (art. 9(1)). When such
representations have been made, the Committee and the State party “shall immediately
enter into consultations in order to clarify the situation and seek agreement on
arrangements to enable the Committee to exercise its functions expeditiously (art. 9(2)).
Following each visit “the Committee shall draw up a report on the facts found
during the visit, taking account of any observations which may have been submitted by
the Party concerned”. The report shall then be transmitted to the State party with any
recommendations that the Committee considers necessary (art. 10). If the State party
“fails to cooperate or refuses to improve the situation in the light of the Committee’s
recommendations, the Committee may decide, after the Party has had an opportunity
to make known its views, by a majority of two-thirds of its members to make a public
statement on the matter” (art. 10(2)).
Otherwise, both the information collected by the Committee during an
on-the-spot visit and its report shall be confidential, although the report shall be
published, “together with any comments of the Party concerned”, whenever so
requested by the latter (art. 11(1) and (2)).
The European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment and Punishment complements the European
Convention on Human Rights by creating a system of visits for the
purposes of preventing and eradicating the use of torture in Europe.
To this end, the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment is authorized both to
make periodic visits to the States parties concerned and to organize such
other visits as it deems required by the circumstances.
4.5 The Framework Convention for the Protection of
National Minorities, 1995
The Framework Convention for the Protection of National Minorities60 was
adopted by the Committee of Ministers of the Council of Europe in 1995, and entered
into force on 1 February 1998. As of 30 April 2002 it had 34 States parties. One of the
particular features of the Framework Convention is that, at the invitation of the
Committee of Ministers, it is open to signature by States that are not members of the
Council of Europe (art. 29). This Framework Convention is the first legally binding
multilateral instrument devoted to the protection of national minorities in general and it
makes clear that the protection of these minorities “forms an integral part of the
60 ETS no.: 157.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers