The ICJ, Amnesty International, FIDH and REDRESS welcome this opportunity to comment on the Draft Guidelines on Eradicating Impunity for Serious Human Rights Violations, in advance of their presentation to the Steering Committee on Human Rights (CDDH).
The organisations believe that the Guidelines have the potential to contribute to preventing and combating impunity in the Council of Europe region. The serious problems of impunity which exist in Europe, which have been documented in reports of NGOs, including those party to this submission, as well as of the Parliamentary Assembly of the Council of Europe (PACE), testify to the need for clear and stringent guidance for national authorities, which can help to ensure that crimes amounting to serious human rights violations are fairly, effectively and consistently investigated and prosecuted and that victims receive appropriate reparations.
The organisations welcome the considerable progress made throughout the drafting of the Guidelines, notably the inclusion of victims’ right to reparation and the requirement for States to ensure that people carrying out arrests, using force or questioning can be identified in any subsequent disciplinary or criminal proceeding. We regret, however, that the Guidelines, in their current form, do not fully reflect the full range of international legal obligations by Council of Europe Member States on issues such as immunities, obligations to establish jurisdiction over serious human rights violations, or the duty to cooperate with international tribunals and courts. In particular, we consider that Council of Europe and other international standards require strengthening of the Guidelines in two respects. These relate, first, to the treatment of the related issues of command responsibility and superior orders; and second, to the problems of impunity caused by amnesties, time-bars and pardons. The ICJ, Amnesty International, REDRESS and FIDH are concerned that if the weakness of the Guidelines on these two points is not addressed, the efficacy of the Guidelines in combating impunity will be undermined.
Subject to these amendments, the organisations urge the CDDH to endorse the Guidelines, and to encourage Member States to take measures to translate and disseminate the Guidelines, and to initiate training, review of national guidance and other measures necessary to ensure their effective implementation.