By Nora Jaber*
Rutkowski and Others v. Poland and Gazso v. Hungary are two pilot cases decided in July 2015 that highlight a major point of contention faced by the European Court of Human Rights (ECtHR): the right to be tried within a reasonable time as enshrined within Article 6(1) of the Convention. At the time of the Rutkowski judgement there were over another 650 similar cases pending before the ECtHR, and over 300 Polish cases pending before the Committee of Ministers at the execution stage.
This demonstrates the scale of the relevance of Article 6(1) to the Courts jurisprudence today. In fact, it is the most contentious issue before the Court, and has been at the forefront of the Courts caseload for a very long time. The Court has issued hundreds of judgments on Article 6(1) and has stressed the importance of minimising delays in order for justice to be delivered. Despite this, the problem of undue delays in proceedings persists and warrants attention.
It is said that justice delayed is justice denied. Delays can and do compromise the effective administration of justice. An excessively long procedure can result in a weakening of the position of the accused by, for example, a deterioration of the quality of evidence or a loss of it. Such situations become more plausible the longer the duration of the trial procedure and should be avoided in order to ensure a proper administration of justice.
The European Union Human Rights Review Panel (HRRP) has just released its fifth Annual Report. As in previous years, the Panel continued throughout the reporting period with its review of complaints of human rights violations by EULEX Kosovo in the conduct of its executive mandate in the justice, police and customs sectors.
Family member from Krusha e Vogel/Mala Krusa, 25 March 2014/ Enisa Kasemi ©EULEX
In 2014, the Panel conducted five sessions and reviewed 35 complaints and witnessed a considerable increase in its case-load with the receipt of 42 new complaints. The Report details the findings of these cases and of the recommendations submitted to the Head of Mission of EULEX Kosovo to address violations of the European Convention on Human Rights.
The Panel and its Secretariat also continued with its outreach campaign in order to disseminate information about its mandate, including a TV information campaign. It concentrated its efforts primarily on the Kosovo judiciary, human rights and legal aid NGOs, civil society representatives as well as religious bodies in Kosovo.
EULEX is deployment of EU police and civilian resources to support Kosovo on its path to a greater European integration in the rule of law area. In April 2009, EULEX became fully operational. The EU Joint Action of February 2008 and Council Decision of June 2010 and June 2012 provide the legal basis for the Mission. EULEX works within the framework of UN Security Council Resolution 1244. EULEX is supported by all 28 European Union Member States and five contributing States (Canada, Norway, Switzerland, Turkey and the United States), and its mandate runs until June 2016.
The Annual Report – 2014 of the EU Human Rights Review Panel is available in the Albanian, Serbian and English languages.
iLawyer Dr. Guénaël Mettraux is a member of the Panel.