Type: Acts of the Council of Europe: Reply to Parliamentary Assembly Recommendation 1801 (2007) on “Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report”

Authority: European Authorities - Council of Europe: Committee of Ministers

Date: 01/16/2008

Subject: The Committee of Ministers recalls the existing obligations under the European Convention on Human Rights (ECHR), according to which prompt and effective investigations capable of leading to the identification and punishment of those responsible for any illegal acts is the most appropriate reaction to serious allegations of grave human rights violations. It also recalls that, according to the relevant case law of the European Court of Human Rights, the responsibility of a State Party for the material breach of the provisions of the Convention may not only result from direct action by its authorities, but also from failing to comply with their positive obligations to prevent human rights violations on their territory or to conduct an independent and impartial investigation into substantial allegations of such human rights violations.

Classification: Freedoms - Art. 6 Personal liberty - Personal security

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