Commissioner For Human Rights of The Council of Europe
Commissioner For Human Rights of The Council of Europe
Commissioner For Human Rights of The Council of Europe
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FOREWORD
The activities I carried out during 2019 provide an overall picture of the main problems,
challenges and opportunities that European countries are facing in the field of human rights. The
image I get from that work is of a Europe circling a roundabout, uncertain about its direction and
the human rights obligations which member states voluntarily agreed upon.
In 2019 as in previous years, there have been growing challenges to human rights standards and
principles all over the continent. In some cases, the hostility to human rights as universal,
indivisible and legally binding has increased, fuelling a corrosive narrative that endangers the
principles and standards on which Europe has been built over the past seven decades.
Five of the topics covered in this report illustrate particularly well the ongoing backlash in Europe:
the growing political and societal acceptance of racism; the disregard of the human rights of
migrants and refugees; the threats to women’s rights; the repression of dissent; and the erosion
of judicial independence.
Antisemitism, Islamophobia and anti-Gypsyism have reached alarming levels.
Incidents of desecration of Jewish cemeteries have recurred in several European countries.
Antisemitic offences and violent attacks on Jewish people and Holocaust memorials were on the
rise, and Nazi symbols and slogans were regularly exhibited in public, especially in stadiums.
In many places, Muslim women have been the targets of assaults for wearing face veils or
headscarves; in some countries, mosques have been attacked. Even in the absence of physical
violence, discriminatory practices in certain contexts have made it difficult for Muslims to get a
job, a house, or citizenship. Patterns revealing unspoken biases have persisted, with law
enforcement officers still engaged in the illegal practice of profiling Muslims.
Hate speech and crimes against Roma also remained widespread. Hostile demonstrations and
collective attacks against Roma, often followed by illegal evictions, have on several occasions
forced them to move away for their own security. Anti-Roma hate speech by certain politicians
legitimised the rejection and marginalisation of Roma and contributed to establishing a climate of
simmering violence against Roma in several parts of Europe.
European countries’ handling of migrants and asylum-seekers has continued to be worrying to
say the least. Despite the decreasing numbers of migrants and *2 asylum-seekers arriving on
our continent, some politicians have surfed on a wave of xenophobia, feeding it with divisive and
alarmist rhetoric, including in regions where very few or no migrants have settled.
The increasing normalisation of illegal pushbacks, sometimes accompanied by brutal violence, as
well as acts aimed at dehumanising people attempting to cross borders, are particularly worrying
and need to be confronted with urgency.
In some member states, severe humanitarian crises regarding reception conditions have been
allowed to develop and worsen. The lives of thousands of migrants and asylum seekers have
also been put at risk by the short-sighted decision to reduce state search and rescue operations
in the Mediterranean. The outsourcing of border controls to third countries with poor human rights
records and unsafe conditions, such as Libya, continues, whereas urgently needed
improvements in transparency and accountability remain elusive. The judicial and administrative
harassment of NGOs rescuing migrants is also still ongoing, even though they often fill the void
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1 Country Work
Introduction
Since the beginning of her mandate in April 2018, and throughout 2019, Commissioner Mijatovi#
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1.1 Visits
Visit to France
On 28 January, the Commissioner carried out a mission to Paris to discuss human rights issues
relating to the “yellow vests” movement. During this mission, the Commissioner met with the
State Secretary to the Minister of the Interior, Laurent Nunez. She also had meetings with the
secretariat of the National Consultative Commission for Human Rights (CNCDH); the Defender of
Rights and his deputy in charge of security ethics; representatives of human rights organisations;
police and journalists’ trade unions; and law and media professionals.
Following this mission, the Commissioner published on 26 February a memorandum on
maintaining public order and freedom of assembly in the context of the “yellow vests” movement
in France, in which she invited the French authorities to show more respect for human rights
during operations aimed at maintaining public order and refrain from introducing excessive
restrictions to freedom of peaceful assembly through the then bill on strengthening and
guaranteeing public order at demonstrations.
The Commissioner stressed that the number and seriousness of the injuries inflicted on
demonstrators raised questions about the compatibility of the methods used in operations aimed
at maintaining public order with due regard for citizens’ human rights. She therefore encouraged
the authorities to review the doctrine on the use of intermediate weapons and urged them,
pending this review, to suspend the use of rubber bullet launchers (LBDs) during operations
aimed at maintaining public order.
The Commissioner noted that operations aimed at maintaining public order are particularly
complex and that law enforcement forces work in a context of high tension and fatigue and
strongly condemned the violence committed against law enforcement officers. She regretted the
large number of wounded among their ranks and highlighted the importance of paying them a
sufficient salary and granting them adequate periods of rest and recuperation, together with
appropriate psychological support and sound human rights training throughout their career.
As for the arrangements for exercising freedom of peaceful assembly, the Commissioner invited
France’s lawmakers to ensure that the law on strengthening and guaranteeing public order at
demonstrations fully respects the right to freedom of assembly. In particular, she warned against
the introduction of an administrative ban on demonstrating;
plans to harden penalties for hiding one’s face in or within the vicinity of a demonstration and in
case of failure to notify a demonstration; and the possibility to empower prefects to order
searches and frisking in the vicinity of demonstrations.
Visit to Hungary
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The Commissioner carried out a visit to Hungary from 4 to 8 February, focusing on the human
rights of asylum seekers and refugees; human rights defenders and civil society; independence
of the judiciary; and gender equality and women’s rights.
During her visit, the Commissioner met with the Deputy Prime Minister and Minister of Interior,
Sándor Pintér; the Minister of Justice, László Trócsányi; the Minister of State for International
Affairs in the Ministry of Human Capacities, *5 Orsolya Pacsay-Tomassich; and the Minister of
State for EU Relations in the Prime Minister’s Office, Judit Varga. She also met the President of
the Curia, Péter Darák; the President of the Constitutional Court, Tamás Sulyok; the
Commissioner for Fundamental Rights, László Székely; the President of the Equal Treatment
Authority, Ágnes Honecz; the Head of the Hungarian Council of Europe Parliamentary Assembly
Delegation, Zsolt Németh; and representatives of civil society.
On 21 May, the Commissioner published a report following her visit. The Commissioner found
that the government’s stance against immigration and asylum seekers had resulted in a
legislative framework which undermined the reception of asylum seekers and the integration of
recognised refugees. She called on the government to repeal the decreed “crisis situation due to
mass immigration” and urged the authorities to refrain from using anti-migrant rhetoric and
campaigns which fan xenophobic attitudes.
The Commissioner urged the government to extend access to the international protection
procedure and to ensure that the protection needs of all asylum seekers present on the territory
can be assessed. She considered that the systematic detention of asylum seekers, including
children, in the transit zones without adequate legal basis raised issues about the arbitrary nature
of the detention and expressed concern that many asylum seekers detained in the transit zones
under an alien policing procedure had been deprived of food.
The Commissioner pointed out that the legislative measures enacted in 2017-2018 imposing
restrictions on civil society space had stigmatised and criminalised NGO activities which were
fully legitimate in a democratic society. She found that the associated sanctions had the potential
to incur devastating consequences for the work of human rights defenders and NGOs and urged
the repeal of the legislation. The Commissioner also observed that civil society organisations had
been subject to intimidation, stigmatisation and smear campaigns. She called on the government
to reverse its alarming course in relation to human rights defenders and NGOs, and to create an
enabling environment conducive to their work, in line with human rights standards.
With reference to the future system of administrative courts, the Commissioner remained
concerned about the pivotal role of the Minister of Justice in establishing and running it. While
welcoming the recent amendments made to the original legislation on administrative courts in
response to the related Opinion of the Venice Commission, she pointed out that they were not
sufficient in addressing the serious concerns identified by the Commission. The Commissioner
recommended that the extensive powers of the Minister be counterbalanced by strengthening
judicial self-governance.
The Commissioner found that Hungary was backsliding on gender equality and highlighted the
low political representation of women. She noted that women’s issues were closely associated
with family affairs in government policy and that the focus of the newly adopted family protection
action plan lay on women as child bearers. The Commissioner warned that this carried the risk of
reinforcing gender stereotypes and instrumentalising women. She called on the authorities to
address the unequal representation of women in public life through positive measures and to
take determined action to eradicate gender stereotypes in educational materials. The
Commissioner also urged the authorities to ratify the Istanbul Convention on preventing and
combating violence against women and domestic violence and to *6 strengthen training on
violence against women among the judiciary, prosecutors and the police.
Visit to Poland
The Commissioner carried out a visit to Poland from 11 to 15 March, focusing on the
independence of the judiciary and the prosecution service as well as women’s rights, gender
equality and domestic violence.
During her visit, the Commissioner met with the Minister of Foreign Affairs, Jacek Czaputowicz;
the Minister of Health, #ukasz Szumowski; the Deputy Minister of Health, Zbigniew J. Król; the
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Government Plenipotentiary for Civil Society and Equal Treatment, Adam Lipi#ski; the
Undersecretary of State in the Ministry of Family, Labour and Social Policy, Kazimierz Kuberski;
the Undersecretary of State in the Ministry of Justice, Marcin Warcho#; the Head of the
Chancellery of the President of the Republic, Halina Szyma#ska; the Undersecretary of State at
the Chancellery of the President, Anna Surówka-Pasek; and the Police Commander-in-Chief,
General Jaros#aw Szymczyk. She further met with the First President of the Supreme Court,
Ma#gorzata Gersdorf, and several judges of the Supreme Court; the Ombudsman, Adam
Bodnar, and his Deputy, Hanna Machi#ska; the Ombudsman for Children’s Rights, Miko#aj
Pawlak; and representatives of civil society and associations representing judges and
prosecutors. The Commissioner also visited a shelter for women, operated by an NGO in
Warsaw. Moreover, she travelled to Gda#sk, where she met with the Mayor and visited the local
counselling service of an NGO helping victims of domestic violence.
Following her visit, the Commissioner published a report on 28 June. Regarding the
independence of the judiciary and the prosecution service, the Commissioner found that Poland’s
judicial reform, accompanied by a polarising public campaign to discredit judges, had
fundamentally affected the functioning and independence of all key building blocks of the
country’s justice system, leading to repeated protests by the legal professions and the general
public. Welcoming the reinstatement of the forcibly retired judges of the Supreme Court and of
the Supreme Administrative Court, the Commissioner called on the authorities to also urgently
resolve the deadlock compromising the independence and credibility of the Constitutional
Tribunal and to bring the composition of the National Council for the Judiciary back in line with
Council of Europe standards and the Polish Constitution. The Commissioner was further struck
by the dismissal and replacement of hundreds of court presidents, vice-presidents, and
prosecutors, as well as by many disciplinary proceedings instituted against judges and
prosecutors. She urged the authorities to ensure that such proceedings are not instrumentalised
and to secure the right to a fair trial of any person subjected to them. The Commissioner further
invited Poland to separate the functions of Minister of Justice and Prosecutor-General and to limit
each office’s powers vis-à-vis judges and prosecutors. Stressing that improving the accountability
or efficiency of the justice system may not be pursued at the expense of judicial independence,
the Commissioner called on the executive and the legislature to avoid undermining public
confidence in the judiciary and to subject any legislation relating to judicial reform to thorough
consultation with members of the judicial community and other relevant actors. *7
On women’s rights, the Commissioner regretted that despite the passage of several years since
the European Court of Human Rights issued key judgments against Poland in cases concerning
access to abortion care, the Polish authorities had yet to adopt the necessary legislation to
ensure the accessibility and availability of legal abortion in practice. She called on them to do so
and to reject any legislative proposals that seek to further erode women’s sexual and
reproductive rights. She further invited the Polish authorities to consider making abortion legal on
a woman’s request in early pregnancy, and thereafter throughout pregnancy to protect women’s
health and lives and ensure freedom from ill-treatment. She also encouraged the authorities to
eliminate barriers in access to contraception, including by reversing the decision to ban the
over-the-counter sale of the emergency contraceptive pill.
Commending Poland for its solid legal framework for equality between men and women, the
Commissioner recommended that the authorities promptly adopt a new national action plan on
gender equality, as well as programmes and measures to further the advancement of women
and their political participation and to prevent and combat sexism. She also welcomed the
significant increase in public funding for and availability of public childcare, and encouraged the
authorities at the central and local levels to pursue this approach.
The Commissioner welcomed the Polish authorities’ stated commitment to combating domestic
violence and encouraged them to give effective application to the Council of Europe Istanbul
Convention , including by ensuring the implementation of existing laws across the country and
providing enough quality shelters for women victims of
violence and their children. She also urged the authorities to ensure safe and favourable
conditions for women’s rights organisations, and expressed concern about the negative impact of
the central government funding cuts for such organisations. The Commissioner invited the
authorities to increase public awareness about domestic violence and encouraged politicians and
opinion-makers to support the advancement of women’s rights and gender equality.
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Visit to Turkey
The Commissioner carried out a visit to Turkey from 1 to 5 July, focusing on the administration of
justice and the protection of human rights in the justice system, as well as the situation of human
rights defenders and civil society.
During her visit, the Commissioner met with the Minister of Foreign Affairs, Mevlüt Çavu#o#lu;
the Minister of Justice, Abdülhamit Gül; the Vice-President of the Constitutional Court, Engin
Y#ld#r#m; the Deputy Minister of the Interior, Muhterem #nce; the Vice-President of the Council
of Judges and Prosecutors, Mehmet Y#lmaz; and the Chief Ombudsman, #eref Malkoç. She also
met with representatives of bar associations and lawyers, civil society representatives and human
rights defenders, journalists and academics, as well as representatives of political parties. The
Commissioner also visited the penitentiary campus in Silivri, where she met with Osman Kavala,
Ahmet Altan and Selçuk Koza#açl#.
In a press release published at the end of the visit, the Commissioner expressed concern about
the erosion of the independence of the Turkish judiciary during and after the state of emergency,
which was in force between July 2016 and July 2018, including as a result of critical constitutional
changes regarding the Council of Judges and Prosecutors which went against Council of Europe
standards. She noted *8 that during the same period, ordinary safeguards and procedures were
suspended for the dismissal, recruitment and appointment of judges and prosecutors. She stated
that while an overly broad definition of terrorism-related offences and the judiciary’s tendency to
stretch these even further were long-standing problems in Turkey, they had reached
unprecedented levels.
The Commissioner was particularly concerned about the use by prosecutors, and increasingly
also the courts, of lawful and peaceful acts and statements protected under the European
Convention on Human Rights as proof of criminal activity. This made it impossible to foresee in
good faith the legal consequences of actions, discouraging legitimate dissent and criticism. The
Commissioner also shared her view with the Turkish authorities that the new Judicial Reform
Strategy, while acknowledging certain problems, did not address other crucial ones, such as the
constitutional framework guaranteeing judicial independence, and the need for effective
safeguards ensuring fair trial, equality of arms and legal certainty. She stated that in any event a
complete and urgent overhaul of key legislation, including the Criminal Code, Anti-Terrorism Law
and the Code of Criminal Procedure, was necessary.
The Commissioner found that the legitimate work of independent, rights-based civil society
organisations was being subjected to undue pressure, including through the tightening of an
already restrictive regulatory framework, the outright closure of NGOs without court decisions,
toxic political discourse and smear campaigns, and numerous criminal proceedings against
human rights defenders. As a result, all of Turkish society was subjected to a profound chilling
effect. She paid particular attention to the situation of lawyers, who were affected not only as
human rights defenders but also as actors in an increasingly hostile justice system. She pointed
notably to measures restricting procedural defence rights, as well as judicial actions specifically
targeting lawyers.
The Commissioner’s report following her visit to Turkey was published in 2020.
Visit to Azerbaijan
The Commissioner carried out a visit to Azerbaijan from 8 to 12 July 2019, focusing on the right
to freedom of expression; recent developments concerning the situation of lawyers; and the
human rights of internally displaced persons.
During the visit, the Commissioner met with the Minister of Foreign Affairs, Elmar Mammadyarov;
the Minister of Justice, Fikrat Mammadov; the Minister of Internal Affairs, Vilayat Eyvazov; the
Head of the Department of Foreign
Policy Affairs in the Presidential Administration, Hikmat Hajiyev; the Prosecutor General, Zakir
Garalov; the President of the Supreme Court, Ramiz Rzayev; and the Chairman of the State
Committee for Affairs of Refugees and IDPs, Rovshan Rzayev. In addition, the Commissioner
met with the Ombudsman, Elmira Suleymanova, representatives of civil society, lawyers, and
with the Chair and members of the Bar Association. The Commissioner made field visits to two
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settlements of internally displaced persons in the Yasamal and Sabunchu districts of Baku. She
also went to prisons where she met with the journalists Seymur Hazi and Afgan Mukhtarli.
Following the visit, the Commissioner published a report on 11 December in which she regretted
that no progress has been made regarding the protection of freedom of expression. Journalists
and social media activists who express dissent *9 or criticism of the authorities are continuously
deprived of their liberty on a variety of charges that defy credibility. She once again called on the
authorities to release all those detained because of the views they expressed and to fully
implement several judgments of the European Court of Human Rights relating to arbitrary
restrictions of freedom of expression. In addition, the Commissioner expressed doubts as
regards the lawfulness of the travel bans imposed on dozens of journalists, lawyers, political
activists and human rights defenders, stressing that the authorities must refrain from imposing
arbitrary or disproportionate travel bans and lift immediately those which are in contradiction with
the right to leave the country. The Commissioner also recommended decriminalising defamation
and bringing legislation and practice affecting Internet freedom in line with European standards.
With regard to the situation of lawyers, the Commissioner observed that there is an acute
shortage of lawyers, in particular in the regions outside the capital, which prevents many people
from having access to legal assistance and representation. Noting that several steps have been
taken by the authorities and the Bar Association to increase the number of lawyers in the country,
the Commissioner called on the government to step up its efforts in that direction. She also
underlined that the qualification process for a lawyer’s admission to the Bar must become fairer
and more objective and the independence of the Bar Association, as well its role in the
representation and defence of the interest of its members, must be strengthened.
The Commissioner called on the authorities to take immediate measures to ensure that the right
of access to quality legal assistance is effectively guaranteed to all persons as from the very
outset of their deprivation of liberty. She stressed that the authorities should adopt a law on legal
aid in line with Council of Europe standards and ensure that all persons effectively enjoy the right
to legal assistance. Considering the fact that most of the lawyers recently disbarred or who had
their licenses suspended were working on cases considered as politically sensitive, the
Commissioner remains seriously concerned by the use of disciplinary sanctions – like disbarment
- on improper grounds and unclear criteria. She recommended that the Bar Association
strengthen the procedural safeguards to ensure that proceedings against lawyers are transparent
and fair and that lawyers’ right to express their views on matters of public interest be upheld.
The Commissioner commended the steps taken by the authorities to help people displaced as a
consequence of the unresolved conflict over the Nagorno-Karabakh region. She reiterated the
importance of overcoming the decades- long impasse and finding a peaceful solution to that
conflict, so that the people who wish to return may do so on a voluntary basis, in safety and
dignity.
Welcoming that many internally displaced people (IDPs) have been relocated to settlements built
for them and benefit from housing free of charge, the Commissioner nevertheless stressed that
many others live in dormitories and collective centres in dire or substandard conditions, have no
possibility to own the apartments in which they have been resettled and their needs are not
always considered in the allocation of housing. Several obstacles also hamper
income-generation and self-reliance opportunities for IDPs, especially for persons living in the
rural regions and urban areas outside Baku. The Commissioner encouraged the authorities to
further enhance IDPs’ access to all economic and social rights, in particular the right to adequate
housing and the right to employment, and provide livelihood opportunities to ensure that IDPs
achieve self-sufficiency *10 and do not entirely depend on government assistance. Noting that a
majority of internally displaced children study in schools which were built or intended just for IDPs
and are thus being educated separately from the rest of the population, the Commissioner
recommended ensuring mixed schooling and mapping the specific needs of IDPs, in order to
better respond to the various challenges they face. Lastly, the Commissioner recommended
lifting the restrictions imposed on IDPs’ right to vote in municipal elections in the constituencies
where they reside and ensuring the full participation of IDPs in decision- making processes.
Visit to Greece
The Commissioner carried out a mission to Greece (Lesbos, Samos, Corinth and Athens) from
26 to 31 October devoted to issues pertaining to the human rights of migrants, including asylum
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Visit to Bulgaria
The Commissioner visited Bulgaria from 25 to 29 November 2019. The visit focused on racism,
discrimination and intolerance; certain aspects concerning domestic violence and violence
against women; and media freedom.
During the visit, the Commissioner met with the Vice President of Bulgaria, Iliana Yotova; the
Deputy Prime Minister and Chairperson of the National Council for Cooperation on Ethnic and
Integration Issues, Tomislav Donchev; the Minister of Justice, Danail Kirilov; the Minister of
Interior, Mladen Marinov; the Minister of Regional Development and Public Works, Petya
Avramova; the Deputy Minister of Foreign Affairs and National Coordinator on combating
antisemitism, Georg Georgiev; the Prosecutor General, Sotir Tsatsarov; and with members of the
Council for Electronic Media. In addition, the Commissioner met with the Ombudsman; the
Chairperson and members of the Commission for Protection against Discrimination; members of
the Commission on Religion and Human Rights and of the Committee on Legal Affairs of the
Parliament; and the Chairperson of the Bulgarian Delegation to the Parliamentary Assembly of
the Council of Europe. She also had exchanges with journalists, human rights defenders, and
other representatives of civil society.
The Commissioner travelled to the Stolipinovo neighbourhood of Plovdiv, where she met with
members of the Roma community. She also held discussions in Plovdiv with the Mayors of the
Maritsa Municipality and of the village of Voyvodinovo, followed by a visit to the village. In Sofia,
the Commissioner visited a crisis centre for women victims of domestic violence.
Following her visit, the Commissioner issued a press release in which she stressed that the
government should increase its efforts to fight the hate speech prevailing in Bulgaria, in particular
against Roma, LGBTI people and other minority groups. Furthermore, she called on the
authorities to urgently address the situation of Roma who had to leave their homes in 2019
following rallies targeting their communities. The Commissioner underlined the need for a political
and cultural shift as regards the treatment and image of minority groups and urged the
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government to recognise racist motivation as an aggravating circumstance for all offences and to
implement the judgments of the European Court of Human Rights, including those on forced
evictions and the registration of associations of persons identifying as belonging to a minority.
She also expressed concern about the demonstrations organised by extremist groups in Bulgaria
and called on the authorities to condemn such manifestations.
The Commissioner regretted that the public debates around the ratification of the Istanbul
Convention have propagated disinformation and have reasserted stereotypes about gender
roles. The withdrawal by the government of the Child Protection Strategy and the debates on the
possible delay of the entry into force of the new Law on Social Services followed the same line,
and hostility against women’s and LGBTI rights activists were also on the rise. The
Commissioner called on the government to confront these dangerous trends and raise public
awareness about the need to improve the protection of victims of domestic violence and children.
Moreover, she strongly urged the authorities to reopen the debate on the ratification of the
Istanbul Convention , adopt the Child Protection Strategy and ensure the timely and effective
implementation of the Law on Social Services. The *12 Commissioner also stressed the urgent
need to increase the number of shelters and other social services available to victims of domestic
violence.
The Commissioner was alarmed by the continuous deterioration of media freedom in Bulgaria.
She noted that non- transparent media ownership, threats and harassment of journalists and the
use of defamation suits were chronic problems and that political influence over media outlets
undermined the credibility of the press. Lastly, she underlined the importance of a free,
investigative and independent press and stressed that journalists should be free to play their
crucial role without interference.
The Commissioner’s report following her visit to Bulgaria was published in 2020.
return to Bosnia and Herzegovina. She stressed that push-backs constitute a violation of the
European Convention on Human Rights and prevent migrants from benefitting from other legal
guarantees firmly established in international law, in particular the right to seek and enjoy asylum,
the protection of life, and the prohibition of torture and of collective expulsion.
The Commissioner noted that following her visit the authorities relocated the migrants from
Vu#jak and closed the camp. She welcomed this development in a statement published on 11
December.
1.2 Missions
Mission to Ireland
On 29-30 May, the Commissioner went to Dublin to address the High-Level Forum “Ireland and
the Council of Europe: 70 Years of Human Rights – the challenges and the future”. In her
opening statement, the Commissioner highlighted Ireland’s role as a founding member of the
Council of Europe in placing from the outset human rights at the heart of the Organisation’s
activities. She also outlined the current human rights challenges in Europe. During her mission,
the Commissioner held talks on topical human rights issues with the President of Ireland, Michael
D. Higgins; the Deputy Prime Minister and Minister for Foreign Affairs and Trade, Simon
Coveney; the Minister for Justice and Equality, Charles Flanagan; the Minister for Health, Simon
Harris; and the Minister of State for Equality, Immigration and Integration, David Stanton. In
addition, she met with representatives of civil society and human rights defenders. *14
During 2019 the Commissioner also published reports from country visits carried out in the
second half of 2018. An overview of the main analyses and recommendations are presented
below.
Report on Armenia
On 29 January, the Commissioner published a report following her visit to Armenia from 16 to 20
September 2018, which focused on women’s rights, gender equality and domestic violence; the
human rights of disadvantaged or vulnerable groups; and accountability for past human rights
violations.
Finding that women in Armenia continued to be significantly underrepresented in public
decision-making, the Commissioner stressed the need to ensure their full and effective
participation and equal opportunities for leadership at all levels of public life, as well as equal pay
and equal access to the labour market. The need to combat persisting discriminatory gender
stereotypes and to promote gender equality, including through education, was also highlighted.
While welcoming the major improvements made to Armenia’s legislation and stressing the need
for their effective practical application, the Commissioner paid special attention to the availability
of shelters for victims and to ensuring access to education for children staying in such shelters.
Furthermore, she recommended the ratification the Council of Europe Convention on preventing
and combating violence against women and domestic violence (Istanbul Convention).
When it comes to the de-institutionalisation of persons with disabilities and their full inclusion in
the decision-making processes that concern them, the Commissioner recommended that
Armenia abolish plenary guardianship for persons with psycho-social disabilities and move from a
substituted to a supported decision-making model. Noting Armenia’s commendable goal of
making all education fully inclusive by 2025, the Commissioner recommended that this policy be
pursued also at the pre-school level. *15
While expressing deep concern about the effects of poverty on children and the placement of
children from families with socio-economic difficulties in state care, the Commissioner urged the
authorities to strengthen their efforts to guarantee an adequate standard of living to all children,
including by allocating sufficient resources for parents resuming care, and through the promotion
of foster care. The authorities were also encouraged to ratify the Council of Europe Convention
on the Protection of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote
Convention), which the country signed in 2010.
Finding the level of social protection afforded to older persons in Armenia inadequate, the
Commissioner recommended raising the overall level of old age pensions, increasing the
availability of primary and specialised health care, and tackling the shortage of geriatric services.
The Commissioner urged the authorities to adopt comprehensive anti-discrimination legislation
with a clear reference to sexual orientation and gender identity, as well as to unequivocally reject
initiatives infringing on the rights of LGBTI persons and to take prompt and resolute action
against all instances of violence, hate speech and hate crime targeting LGBTI persons.
Regarding accountability for the deaths that occurred during the violent events of March 2008,
the Commissioner stressed that the process of establishing truth and prosecuting those
responsible for serious human rights violations should be carried out in strict adherence to the
principles of the rule of law, judicial independence, transparency, and guarantees of a fair trial.
She further encouraged politicians and opinion-makers to avoid using polarising, stigmatising or
inflammatory language in their public discourse.
Report on Romania
On 28 February, the Commissioner published a report following her visit to Romania from 12 to
16 November 2018. The report focused on the human rights of persons with disabilities; violence
against women; and the ongoing reform of the judiciary and of criminal legislation.
While noting certain advancements, the Commissioner stressed that there were systemic
obstacles which hindered the effective protection of the rights of persons with disabilities in
Romania. She regretted the poor financing of the social care system for these persons and urged
the authorities to clarify the mandates of responsible institutions, strengthen monitoring, and
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reinforce their collaboration with NGOs. The Commissioner called for the repeal of the legislation
allowing the involuntary placement of persons with disabilities in closed institutions and for urgent
measures to mitigate the most severe violations caused by such placements. She recommended
that the authorities develop community-based support services, increase the accessibility of
public spaces and services and promote a more inclusive labour market. The Commissioner also
stressed the need to provide children with care in families, to prevent their discrimination, and to
protect them from any form of violence or abuse. Moreover, she urged the authorities to
safeguard the right of persons with disabilities to enjoy legal capacity on an equal basis with
others in all aspects of life.
The Commissioner called on the authorities to demonstrate stronger commitment to protecting
women from violence. She underlined the need for improved data collection, proper allocation of
resources to the competent agencies and authorities, *16 and increased co-operation between
institutions and with civil society. The Commissioner urged the authorities to develop the network
of shelters for victims of domestic violence, to ensure the systematic enforcement of protection
orders and to improve access to justice for women victims of domestic violence, including
through enhanced capacity-building.
Furthermore, the Commissioner stressed the need to implement the judgments of the European
Court of Human rights related to the protection of the human rights of persons with disabilities
and victims of domestic violence.
Lastly, the Commissioner highlighted the importance of maintaining the independence of the
judiciary and urged the authorities to give effect to the recommendations of the Venice
Commission and GRECO and to carry out the justice and criminal law reforms in full compliance
with Council of Europe and international human rights standards.
1.3.2 Letters
Letter to the Prime Minister and the Minister of Education, Youth and Sports of the
Czech Republic on inclusive education
On 15 January, the Commissioner published her letter to the Czech Prime Minister and Minister
of Education, Youth and Sports regarding the proposed changes to Decree 27/2016 Coll. on the
education of pupils with special education needs. The Commissioner expressed concern that
some of the changes foreseen could have a negative impact on the right of all children, including
Roma children and children with disabilities, to inclusive education. She called on the
Government to ensure that changes made to the Decree would not jeopardise this right and
highlighted that schools should not be left in any doubt that inclusion in mainstream education
should be prioritised.
Letter to the Convener of the Equalities and Human Rights Committee of the Scottish
Parliament on the age of criminal responsibility
On 16 January, the Commissioner published her letter to the Convener of the Scottish
Parliament’s Equalities and Human Rights Committee regarding the Age of Criminal
Responsibility (Scotland) Bill. In her letter, the Commissioner provided clarification of her earlier
call to increase the age of criminal responsibility to 14 at least, but preferably higher, rather than
to 12 as proposed by the Government. She noted that, despite the specific features of the
Scottish system of dealing with children who come into conflict with the law, international human
rights standards on the age of criminal responsibility are developed to provide minimum
safeguards regardless of member states’ diversity of laws, policies and practices. The
Commissioner reiterated that setting the age of criminal responsibility at 14 as an absolute
minimum, but with a higher age being preferable, would exclude a larger group of children from
being dealt with as offenders in the Scottish system, which would help further strengthen the
system’s focus on protecting vulnerable children who engage in harmful behaviour. *17
Letter to the Prime Minister of Italy on human rights of refugees, asylum seekers and
migrants
On 7 February, the Commissioner published a letter addressed to the Prime Minister of Italy, in
Page 13
which she raised concerns about the negative consequences that the Decree-Law on
International Protection, Immigration and Public Security may have on the human rights of
asylum seekers and beneficiaries of protection, including persons who have been granted
humanitarian protection. She sought clarifications on measures to ensure the continuity of access
to reception and essential services. In particular, the Commissioner regretted the apparent
hastiness with which people were transferred from the asylum seekers reception centre in
Castelnuovo di Porto (Rome) in view of its closure and expressed concerns at the disruption of
the commendable efforts put in place at the local level for the integration and rehabilitation of the
centre’s residents. Furthermore, while acknowledging Italy’s role in the past in saving lives at sea
and receiving asylum seekers and migrants arriving at its shores, the Commissioner was deeply
concerned about recent measures hampering and criminalising the work of NGOs and
relinquishing responsibility for search and rescue operations to authorities which appear unwilling
or unable to protect rescued migrants from torture or inhuman or degrading treatment. In this
respect, she urged the Italian government to ensure that the human rights of persons rescued at
sea are never put at risk because of current disagreements between member states about
disembarkation, and that humanitarian considerations always take priority.
Letter to the Chairwoman of the Committee on Internal Affairs and Community of the
Parliament of Germany on the bill “Geordnete-Rückkehr-Gesetz”
On 23 May, the Commissioner published a letter addressed to the Chairwoman of the Committee
on Internal Affairs and Community of the Parliament of Germany ( Bundestag ), Andrea Lindholz,
in which she raised concerns about some aspects of the bill that aims at facilitating removals of
people obliged to leave the country (“ Geordnete- Rückkehr-Gesetz ”). In the letter, the
Commissioner expressed concerns about the measure that classifies information relating to the
practical steps leading to a removal as state secrets, because this may result in members of civil
society and NGOs being prosecuted for aiding or abetting the disclosure of confidential
information. The Commissioner notably underscored that this provision could have *18 an
impact on freedom of expression, had the potential to criminalise NGOs’ activities, and could
create a chilling effect on freedom of information for the concerned organisations. Therefore, she
called on the Parliament to refrain from taking any measures criminalising,
stigmatising or putting at any disadvantage individuals and NGOs providing humanitarian
assistance to, and defending the rights of, refugees, asylum seekers and migrants, and to restore
an enabling environment conducive to their work. In this context, the Commissioner underlined
that information regarding the timing of a removal is an essential element for ensuring that the
rights of persons concerned are adequately protected. In addition, the Commissioner expressed
concerns about the fact that the bill expands the grounds for detention of migrants pending
expulsion, instead of developing alternative measures to detention.
Letter to the Marshal of the Senate of Poland concerning amendments to the Criminal
Code
On 27 May, the Commissioner published her letter addressed to Stanis#aw Karczewski, the
Marshal (Speaker) of the Senate of Poland, raising concerns on a proposed set of amendments
to Poland’s Criminal Code which deprive certain categories of life prisoners of eligibility for
conditional release. While recognising member states’ duty to protect members of the public from
violent crime, the Commissioner pointed out that the proposed amendments ran afoul of the
case-law of the European Court of Human Rights, which requires that life prisoners be afforded a
prospect - even if it is tenuous or distant - of an eventual release, as well as the possibility of a
Page 14
review of their sentence. The Commissioner moreover criticised the hurried enactment of the
legislation in question, and called for a broader public debate to carefully assess its impact and
compatibility with Council of Europe standards. In a statement which accompanied the
publication of the letter, the Commissioner regretted that, despite her concerns, the Polish
Parliament had adopted the amendments. However, she noted that the President of the Republic
had referred them for review by the Constitutional Tribunal.
Letter to the Minister of Interior of the Russian Federation concerning the policing of
demonstrations in Moscow
On 2 August, the Commissioner addressed a letter to Vladimir Kolokoltsev, Minister of Interior of
the Russian Federation, in relation to the policing of protests in Moscow on 27 July. In her letter,
the Commissioner expressed concern about the use of force by law enforcement agencies during
the dispersal of the largely peaceful protests, as a result of which dozens of protesters had
sustained injuries. Referring to accounts by members of the Human Rights Council who had
personally witnessed “unfounded apprehensions” of peaceful protesters, she noted with concern
that law enforcement officers had apprehended well over a thousand persons, including
journalists and minors. The Commissioner further stressed that some of persons detained in
police stations after the rally had not been provided with basic necessities, including water,
hygiene items or a place to sleep, and that lawyers had been prevented from accessing and
extending legal assistance to them. In her letter, the Commissioner recommended that the
Russian authorities review the methods and criteria allowing law enforcement agents to identify
and apprehend individuals in the context of peaceful assemblies and align them with applicable
*19 human rights standards. The Commissioner further requested information about any
proceedings initiated against law enforcement officials related to ill- treatment and the excessive
use of force, and urged the Russian authorities to render possible the clear identification of law
enforcement officials policing public gatherings.
Letter to the Prime Minister of Malta, regarding the pending posthumous defamation
lawsuits against the family of Daphne Caruana Galizia
On 19 September, the Commissioner published a letter addressed to Joseph Muscat, the Prime
Minister of Malta, in which she called on the Maltese authorities to withdraw the pending
posthumous defamation lawsuits against the family of Daphne Caruana Galizia. She stressed
that the continuation of the lawsuits put unjustified pressure on the family, was perceived as an
intimidation against them and raised questions about the authorities’ commitment to bringing to
justice those responsible for the journalist’s death. The Commissioner recommended that
Maltese legislation should allow the reversal of the burden of proof in defamation cases, which
currently lies with the respondents. This not only places an excessive burden on the respondents
but may also amount to undue interference with the right to protection of journalistic sources.
Moreover, she recommended the repeal of the provisions which allow the passing of civil
defamation cases to heirs.
Letter to the National Council of the Slovak Republic regarding a legislative proposal
which would restrict access to safe and legal abortion care
On 26 November, the Commissioner published a letter to the National Council of the Slovak
Republic, expressing concern with a legislative proposal which would restrict access to safe and
legal abortion care. She noted that the proposal would introduce a number of requirements
running counter to the principle of non-retrogression, including subjecting women seeking an
abortion to mandatory ultrasounds and requiring them to view and receive images obtained
through such an ultrasound. She noted that abortion counselling should never be mandatory,
biased or directive. The Commissioner further stressed that a proposed prohibition on
‘advertising’ of abortion services could prevent health care professionals from providing
necessary public information on safe abortion care, and impede women’s access to freely
available, evidence-based and unbiased information on their sexual and reproductive health and
rights.
On 5 December, the Commissioner welcomed the rejection of the above-mentioned legislative
proposal by the National Council of the Slovak Republic.
Letter to the Prime Minister of Malta, regarding the investigation into the murder of
investigative journalist Daphne Caruana Galizia
Page 15
Letter to the Minister of Citizen Protection and the Alternate Minister for Migration
Policy of Greece
On 3 December, the Commissioner published a letter she addressed to the Minister of Citizen
Protection of Greece, Michalis Chrysochoidis, and the Alternate Minister for Migration Policy of
Greece, Giorgos Koumoutsakos, concerning the Greek government’s plans to transfer migrants
from the Aegean islands to the mainland and set up closed reception centres on those islands.
The Commissioner requested information, inter alia , about the deprivation of liberty regime that
would be applicable to the new facilities, the safeguards that the Greek government intended to
put in place in order to ensure that detention would be used as a measure of last resort and
details about the government’s plans as regards alternatives to detention on the islands, notably
for vulnerable people, including children.
Introduction
In 2019, the Commissioner covered a wide range of human rights themes. Particular attention
was paid to the human rights of immigrants, asylum seekers and refugees; media freedom and
the safety of journalists; and women’s rights and gender equality. The Commissioner continued
to highlight children’s rights; the *21 human rights of people with disabilities, LGBTI persons and
Roma; and transitional justice, notably in the Western Balkans. Artificial intelligence and human
rights, counter-terrorism and human rights protection and racism and intolerance were also
among the major concerns.
report on Hungary; visits to Greece and Bosnia and Herzegovina specifically dedicated to the
migration situation in those countries; letters to Germany, Greece and Italy; a statement on
Bosnia and Herzegovina; and three third-party interventions before the European Court of
Human Rights, details of which are provided elsewhere in the report.
Thematically, a key area of work was the protection of the rights of refugees and migrants in the
Mediterranean. On 27 March, the Commissioner made a statement calling on member states to
increase rescue capacity in the Mediterranean, to refrain from hindering and criminalising NGOs
working on search and rescue, to enhance transparency and accountability for third-country
co-operation, and to suspend support to the Libyan Coast Guard if they could not show that such
support was not contributing to human rights violations. On 18 June, the Commissioner published
her Recommendation ‘Lives saved. Rights protected. Bridging the protection gap for refugees
and migrants in the Mediterranean’. She presented 35 specific recommendations in relation to
key areas of rights protection: effective search and rescue; safe and timely disembarkation;
co-operation with NGOs; co- operation with third countries; and safe and legal routes. On 7
October, the Commissioner again made a statement, welcoming efforts to enhance responsibility
sharing for rescued migrants and encouraging member states to participate in this. She also
warned that any disembarkation and relocation mechanism should not result in the expansion of
member states’ actions leading to the return of people rescued at sea to places where they would
face serious human rights violations.
Aside from the situation in the Mediterranean, the Commissioner engaged on other areas related
to the theme of asylum and migration. On 6 March, during her mission to Geneva, the
Commissioner delivered a speech to the Global Network of National Human Rights Institutions
(GANNHRI), in which she addressed the role NHRIs could have in the area of migration. She
noted the need for NHRIs to tackle head-on blatant violations of rights, such as push-backs,
ill-treatment or long-term detention in bad conditions. She also called for NHRIs to make
contributions to political and public debates on migration, to use their role as a bridge between
civil society and governments to enable migrants’ voices to be heard in decisions that affect
them, and to advocate for better transparency and accountability in migration policy.
On 12 September, the Commissioner published a Human Rights Comment on the protection of
people on the move from human trafficking and exploitation. In this Comment, she noted the
need to take action against human trafficking, but also to consider closely the impact that current
migration policies are having on the prevention of trafficking, the identification of victims, and
assistance to such victims, including at Europe’s external borders. *22
In 2019, the Commissioner looked into freedom of expression issues during her visits to
Azerbaijan and Bulgaria. The situation of journalists and media freedom was a specific focus of
the Commissioner’s work, in particular concerning Malta after the murder there of Daphne
Caruana Galizia, a prominent investigative journalist, two years ago. On 19 September, the
Commissioner published a letter addressed to the Prime Minister of Malta, Joseph Muscat, in
which she called on the Maltese authorities to withdraw the pending posthumous defamation
lawsuits against the family of Daphne Caruana Galizia. On 16 October, the Commissioner
published a joint statement together with Harlem Désir, OSCE Representative on Freedom of the
Media, David Kaye, UN Special Rapporteur on the Right to Freedom of Opinion and Expression,
and Agnes Callamard, UN Special Rapporteur on extrajudicial, summary or arbitrary executions,
urging the Government of Malta to ensure that investigations into the murder of Daphne Caruana
Galizia are conducted in a prompt, effective, independent and impartial manner. Finally, in a
letter to the Prime Minister sent on 26 November, the Commissioner expressed concern
regarding alleged political interference in these investigations and called on the Maltese
government to refrain from any action which would prevent the investigations from being or from
being seen as fully independent. The Commissioner also made a statement on 21 February
regarding the murder of journalist Ján Kuciak and his fiancée Martina Kušnírová, which had
taken place one year previously, and expressed her shock at the killing of journalist Lyra McKee
in Northern Ireland on 18 April, emphasising that a swift and effective investigation to identify the
perpetrators was crucial.
On 2 May, ahead of World Press Freedom Day, the Commissioner called for greater political
Page 17
commitment to protecting press freedom. She highlighted the alarming state of journalists’
freedom and safety in Europe and underscored that protecting the press is essential to
safeguarding everyone’s freedoms and rights.
In addition, the Commissioner published a joint statement together with the OSCE
Representative on Freedom of the Media, Harlem Désir, on the safety of female journalists online
and a third-party intervention before the European Court of Human Rights on internet blocking in
Turkey (case of Wikimedia Foundation, INC. v. Turkey ). She commented on media freedom
issues in statements regarding the case of Mehman Huseynov in Azerbaijan, the new bill on
foreign agents in Russia and two draft laws on online media, known as the ‘Anti-Defamation
Package’ in Albania, as well as in letters addressed to Tatiana Moskalkova, High Commissioner
for Human Rights in the Russian Federation (Federal Ombudsman), concerning the situation of
Svetlana Prokopyeva, a freelance journalist who is a suspect in a criminal investigation for
alleged “justification of terrorism.”
The Commissioner also raised the issue of excessive use of force by law enforcement officers
against journalists covering demonstrations in a Memorandum on maintaining public order and
freedom of assembly in the context of the “yellow vests” movement in France as well as in
statements following demonstrations in Russia, Azerbaijan and Spain.
Responding to the intensification of protests across Europe over the last years, in 2019 the
Commissioner devoted particular attention to freedom of peaceful *23 assembly. She carefully
followed developments in several member states (including Azerbaijan, Bosnia and Herzegovina,
Croatia, France, Georgia, the Russian Federation, Spain and Turkey) and expressed concerns
about infringements to this right in reports, thematic documents and statements.
In particular, on 9 December, ahead of International Human Rights Day, the Commissioner
published a Human Rights Comment on the right to peaceful assembly, in which she noted that
faced with the multiplication of protests, the authorities in several countries had taken legal and
other measures that tended to erode this right. She recalled that restrictions to this right cannot in
principle be based on the substance of the message of the protests, citing as examples bans or
obstacles to Pride marches and other demonstrations in favour of the rights of LGBTI persons in
several countries. She also expressed concerns at the harsh criminal sanctions imposed on
organisers and participants of demonstrations, which have a chilling effect on the exercise of the
right to peaceful assembly. The misuse of the requirement to notify assemblies, which often
leads to their banning or dispersion and the sanctioning of organisers and participants was also
of concern, as was the adoption in several countries of laws that could lead to disproportionate
restrictions of this right. Lastly, while acknowledging that policing of assemblies was in many
places increasingly challenging, she insisted on the need to apply human rights compliant
approaches in this area, to carefully assess the use of certain less-lethal weapons, and to apply a
policy of zero tolerance in cases of excessive use of force by police officers in this context.
Stressing the fundamental importance of the right to peaceful assembly for the good health of
democratic societies, she concluded that repressing them meant limiting democratic space and
the resilience of societies to deal with problems.
In 2019, women’s rights and gender equality featured prominently in the Commissioner’s country
work, with these issues having been selected as topics during her visits to Bulgaria, Hungary and
Poland and her contact mission to the Russian Federation, and examined in her visit reports on
Armenia and Romania. This work mainly focused on combating violence against women and
promoting the ratification and/or full implementation of the Istanbul Convention . Other issues
addressed in the context of the Commissioner’s country work included the participation of women
in decision-making in all sectors, equal pay and equal access to employment, the need to tackle
gender stereotypes and sexism, and women’s access to their reproductive rights. In particular, on
26 November, the Commissioner published a letter to the Slovak parliament, expressing concern
about a legislative proposal which would restrict access to safe and legal abortion care (see
“continuous dialogue”).
Page 18
On 12 February, the Commissioner opened the Safety of Female Journalists Online (#SOFJO)
conference: Increasing Opportunities for Freedom of Expression and Media Plurality in Vienna.
At the end of the Conference, she published a joint statement together with the OSCE
Representative on Freedom of the Media emphasising the importance of adopting a gender
sensitive approach to policy developments and challenges in order to ensure the full participation
of women online. *24
In her message to mark International Women’s Day on 8 March, the Commissioner stressed the
need to stand up for women’s sexual and reproductive health and rights, urging all governments
to uphold women’s right to self- determination about their sexual and reproductive health, and to
ensure women’s effective access to health care facilities, goods, services and information.
On 23 May, the Commissioner held an exchange of views with the Council of Europe Gender
Equality Commission in Strasbourg where she highlighted the issue of artificial intelligence and
its implications for gender equality. The following day, she addressed the conference “Women’s
rights at the crossroads: strengthening international co- operation to close the gap between legal
frameworks and their implementation” in Strasbourg, organised by the Council of Europe in
co-operation with the office of the UN Special Rapporteur on Violence against Women and with
the French Presidency of the Committee of Ministers.
On 22 October, the Commissioner welcomed the decriminalisation of abortion and the
introduction of same-sex marriage in Northern Ireland.
On 22 November, ahead of the International Day for the Elimination of Violence against Women,
the Commissioner issued a statement (“Speak up against sexist hate speech”) urging states to
tackle sexist hate speech in order to prevent and combat gender-based violence against women
effectively.
In 2019, the Commissioner dealt with several aspects of children’s rights, both in her country
work and thematically. One theme that featured prominently was the situation of children of
foreign fighters who are nationals of Council of Europe member states and are stranded in the
camps of Northern Syria. In May, the Commissioner issued a call urging member states to take
measures to urgently repatriate these children and ensure that they receive protection and care
by treating them first and foremost as victims. She added that member states should consider
repatriating the children’s mothers as well, in order to safeguard these children’s best interests.
This topic was discussed in detail during the September consultation meeting on the human
rights aspects of the return of foreign fighters and their families to Council of Europe member
states (Paris, September 2019, see section on protecting human rights while countering
terrorism).
In the context of her country work, the Commissioner addressed several important questions,
including the problem of school segregation, affecting mostly Roma children and children with
disabilities (letter to the Czech authorities and report on Armenia), the minimum age of criminal
responsibilities, including a call for it to be raised to 14 years in line with the recommendations of
the UN Committee on the Rights of the Child (letter to the Scottish Parliament) and the need to
pursue deinstitutionalisation policies, notably for children with disabilities, and to provide them
with family-type accommodation (reports on Armenia and Romania). The Commissioner also
raised the alarm about the situation of migrant and refugee children, in particular those who are
unaccompanied, during her mission to Greece in October 2019.
At meetings with key players in the field of children’s rights, including the President and Bureau
of the European Network of Ombudspersons for Children (ENOC) and the newly appointed UN
Special Representative on Violence against Children, Maalla M’jid, the Commissioner discussed,
in addition to many of the *25 aforementioned topics, children’s rights in the digital environment,
access to mental health care for children and, more generally, the human rights of children with
disabilities and child poverty.
On 3 October, the Commissioner welcomed the adoption by the Scottish Parliament of a law
giving children equal protection from assault, calling it a good step towards the full realisation of
children’s rights in the country.
Page 19
On 13 November, Commissioner Mijatovi# took part in the opening session of the international
conference on children’s rights, held in Strasbourg in the framework of the French Presidency of
the Committee of Ministers. She highlighted the lack of protection provided to migrant and
refugee children, the need to repatriate children born to foreign fighters stranded in the North of
Syria, attempts to backtrack on children’s rights, and opportunities and threats facing children in
the digital world. Lastly, in a statement issued on the occasion of World Children’s Day (20
November), the Commissioner recalled that safeguarding children’s rights was not an option, but
a legal and moral obligation. While stressing the substantial progress achieved in protecting
children’s rights since the adoption, in 1989, of the International Convention on the Rights of the
Child , she underlined that progress was still needed in many areas, in particular regarding the
need for more effective remedies against violations of children’s rights, for better taking account
of children’s own views, and for the full incorporation of the convention into domestic legislation.
The human rights of persons with disabilities continued to feature prominently in the
Commissioner’s work in 2019. Taking as a core reference point the UN Convention on the Rights
of Persons with Disabilities (CRPD), currently ratified by 46 member states, the Commissioner
addressed issues concerning the rights of persons with disabilities in her reports on Armenia and
Romania, particularly the right to live in the community, including the need to close institutions,
the right to legal capacity for persons with intellectual and psychosocial disabilities, and issues
concerning accessibility and inclusion in the labour market. She focused especially on the
situation of children with disabilities, addressing their right to inclusive education (in the
aforementioned reports and in the letter to the Czech authorities) and the need to ensure that all
children are brought up in a family setting and not in social care institutions (letter to the
Parliament of Bosnia and Herzegovina).
The Commissioner also raised a number of concerns relating to the human rights of persons with
psychosocial disabilities, emphasising the need to put an end to coercive practices in psychiatry.
On this subject, she addressed the Parliamentary Assembly on the occasion of a plenary debate
entitled “Ending coercion in mental health: the need for a human rights-based approach” on 26
June. The Commissioner welcomed the report at the origin of the debate and the corresponding
draft Resolution and draft Recommendation, which were subsequently adopted unanimously.
She stressed that her experience as Commissioner for Human Rights confirmed many of the
findings in the Report, especially regarding the negative effects of the use of coercion in the
mental health system on the enjoyment of human rights and reiterated her call for urgent reforms
to the mental health systems in Council of Europe member states to reduce and end coercion.
*26
On this occasion, the Commissioner also reaffirmed her concerns regarding the on-going
preparation by the Council of Europe Committee on Bioethics (DH-BIO) of a draft Additional
Protocol to the Convention on Human Rights and
Biomedicine “concerning the Protection of Human Rights and Dignity of Persons with Mental
Disorder with regard to Involuntary Placement and Involuntary Treatment”. Highlighting the
contribution of the CRPD to this debate, she stated that the Council of Europe should redirect its
efforts from developing standards that might be in contradiction with this treaty towards
developing guidelines on ending coercion in mental health. In this connection, the Commissioner
welcomed a new project launched by the DH-BIO to embark on a study on good practices in
mental health care and how to promote voluntary measures. She ensured that her Office was
represented on the occasion of a round table organised by the Secretariat of the DH-BIO in
Brussels on 26 November to refine the scope and methodology of this study, in order to convey
her hope that this study will contribute to providing guidance to Council of Europe member states
on how they should transform their mental health systems in the light of the principles set out in
the CRPD.
In 2019, the Commissioner continued her work to advance equal human rights for Lesbian, Gay,
Bisexual, Trans and Intersex (LGBTI) people. The focus this year on some of the most basic
Page 20
rights, such as the right not to be subjected to violence and hate speech, the right of human
rights defenders to pursue their activities safely, and the rights to freedom of expression and
association, was a reflection of a worrying backlash against LGBTI people and their rights in
Europe.
The Commissioner examined the situation of LGBTI people in several country situations. She
published a report following her 2018 visit to Armenia, in which she recommended the prompt
adoption of comprehensive anti- discrimination legislation with a clear reference to sexual
orientation and gender identity and called on the authorities to take resolute action against all
instances of violence, hate speech and hate crime targeting LGBTI people. She examined the
situation of LGBTI human rights defenders in Hungary and Turkey, and hate speech and
intolerance against LGBTI people during her visit to Bulgaria. At the end of her visit to Poland in
March, she expressed concern about negative and inflammatory statements by high-ranking
officials against LGBTI people. The human rights of LGBTI people were also discussed in the
course of the June roundtable held by the Commissioner with human rights defenders who work
in conflict-affected settings.
The Commissioner welcomed the adoption by the World Health Organisation of a new
International Classification of Diseases in which variations of gender identity are no longer listed
as a mental illness, noting that the pathologisation of trans people has long served to justify
violations of their human rights. She nevertheless regretted that no progress had been made
concerning the pathologisation of intersex people.
The Commissioner defended the fundamental right of LGBTI people to freedom of expression,
notably through the organisation of Pride marches. She issued statements in support of the first
trans and intersex Balkan March in Zagreb and of the Europride in Vienna. The Commissioner
expressed concerns about hostility, threats and attempts to hinder Pride Marches in Sarajevo,
Bosnia and Herzegovina, *27 and Tbilisi, Georgia. She welcomed the fact that first- ever Pride
Marches took place safely in Sarajevo and in Skopje, North Macedonia. The Commissioner
noted with regret that some Pride Marches continued to be banned, for example in Turkey, and
that others were marked by violent attacks from far-right militants, for example in Poland.
Supporting the work of LGBTI human rights defenders was an important priority for the
Commissioner this year. She met with LGBTI activists in the course of several country visits, as
mentioned above, but also in Strasbourg. In February, the Commissioner issued a statement
calling on the Russian authorities to ensure the safety of Igor Kochetkov of the Russian LGBT
Network and investigate threats against him, which occurred after his organisation spoke out
about the continuing persecution of LGBTI people in Chechnya. This year’s statement by the
Commissioner on the International Day against Homophobia, Biphobia and Transphobia
(IDAHOBIT) was dedicated to the important contribution of LGBTI human rights defenders,
calling on Council of Europe member states to facilitate their courageous work and ensure their
protection. The Commissioner gave the keynote speech at the ILGA-Europe annual conference
in Prague, assuring the approximately 600 activists in attendance of her resolve to continue
promoting equal rights for all. On this occasion, she held several bilateral meetings with LGBTI
defenders.
In 2019, the Commissioner’s action regarding the rights of Roma and Travellers focused on the
need to substantially step up efforts to combat racism and discrimination against them.
In March, the Commissioner gave an introductory speech at a conference (“Creating trust
through uncovering and recognising the truth: advancing recognition and remedy for
antigypsyism”) jointly organised by the then MEP Soraya Post (Sweden), the UN Office of the
High Commissioner for Human Rights and several NGOs as part of the annual European
Parliament Roma Week with the aim of taking stock of efforts to advance the fight against
antigypsyism at EU and member state level by means of truth and reconciliation processes. The
Commissioner highlighted the continuity between past and present human rights violations
against Roma and the need to break this vicious circle. She stressed the important role that truth
and reconciliation processes can play in providing remedy for past injustices and in promoting
reconciliation, including as regards Roma history.
Page 21
The Commissioner reiterated her call for more action to combat anti-Gypsyism in a Human
Rights Comment published in April (“European states must demonstrate resolve for lasting and
concrete change for Roma people”), on the occasion of the International Roma Day. She
highlighted that the lack of substantial and lasting change in the daily lives of Roma across
Europe was largely due to insufficient commitment to combating racism and discrimination
against them, and that anti-Gypsyism formed the bedrock for the persisting human rights abuses
they faced. She called on member states to significantly step up action and provided a list of
concrete measures that should be implemented, from reinforcing the capacity of equality bodies
to deal with discrimination against Roma, to more effective desegregation policies in areas such
as education, housing and health care. *28
On 1 August, the Commissioner published an opinion article in OpenDemocracy entitled
“Drawing the right lessons from the Roma Holocaust”, on the eve of the 75th commemoration of
the Roma genocide perpetrated during the Second World War. She stressed the relevance of
this commemoration in view of the prevailing climate of rejection and simmering violence against
Roma, which often takes the form of hostile demonstrations and collective attacks against Roma.
She called for a more responsible political debate and stressed that Roma should not be used as
scapegoats to attract votes or divert people’s attention from other issues. She also urged the
authorities to step up action in the field of education and access to housing and, again,
recommended the setting-up of truth and reconciliation commissions.
In November, the human rights of Roma were among the priority issues for the Commissioner’s
visit to Bulgaria. She expressed particular concern about hate speech against Roma and forced
evictions following hostile demonstrations.
During 2019, the Commissioner addressed concerns regarding the rights of persons belonging to
national minorities on several occasions. At an exchange of views with the Advisory Committee
on the Framework Convention for the Protection of National Minorities in June, she highlighted
her work concerning the use of languages and the linguistic rights of persons belonging to
minorities, the human rights of Roma, transitional justice and school segregation. Challenges to
which persons belonging to national minorities, including Roma, are confronted were also
debated at the June round-table discussion with defenders working to protect human rights in
conflict-affected settings.
On 29 October, the Commissioner published a Human Rights Comment on language laws and
policies, which stressed the need for these to be carefully balanced with a view to
accommodating diversity, protecting minority rights and defusing tensions in society. Referring in
particular to laws and policies aimed at strengthening the state or official language, she
underlined that while these constituted legitimate objectives of state policy, they should not be
pursued at the expense of the rights of speakers of other languages, especially those belonging
to national minorities, nor should they exacerbate existing cleavages. She called on member
states to devise policies on languages based on inclusive and pragmatic approaches and
effective interaction with civil society organisations. She also called for more action to combat
discrimination based on ethnic or national origin and on language, and for using incentives rather
than sanctions when implementing laws and policies aimed at strengthening the state language.
Lastly, the Commissioner urged states to promote plurilingual education as a tool to strengthen
social cohesion and prevent future conflicts.
The topic of racism and intolerance featured prominently in the Commissioner’s work in 2019.
Throughout the year, the Commissioner addressed issues concerning antisemitism,
Islamophobia and xenophobia and drew attention to the dangers of hate speech, revisionism,
and exacerbated nationalism.
In reference to the International Day of Commemoration in memory of the victims of the
Holocaust, on 28 January, the Commissioner issued a statement in which she urged states,
international actors, academics and the media to do their *29 utmost to counter antisemitism and
xenophobia and to recommit to the values and principles born after the Holocaust. She called on
Page 22
state authorities to firmly condemn and prosecute antisemitic and racist acts and hate speech,
urged politicians and opinion leaders to refrain from dehumanising language and actions, and
stressed the role of the media in countering hate speech and promoting dialogue and
remembrance. Furthermore, the Commissioner underlined the importance of education systems
that teach about the past and justice and equality for all.
The Commissioner also dealt with issues concerning antisemitism, racism, xenophobia and
discrimination in the framework of her country monitoring. In a Memorandum on maintaining
public order and freedom of assembly in the context of the “yellow vests” movement in France,
published on 26 February, she condemned the racist, antisemitic and homophobic manifestations
which have been reported during or in connection with the demonstrations. In the report on her
visit to Hungary in February, published on 21 May, the Commissioner expressed concern that the
anti-immigrant stance adopted by the Hungarian government was fuelling xenophobic attitudes,
fear and hatred among the population. While these attitudes primarily affect Muslims, the
Commissioner noted that the government’s rhetoric was also perceived as having the potential to
ignite antisemitism. During her visit to Bulgaria from 25 to 29 November the Commissioner
addressed, inter alia , the hate speech prevailing against Roma, LGBTI people and other minority
groups and the extremist manifestations taking place in the country.
On 19 February, the Commissioner published a statement expressing her solidarity with the
Jewish community and her sympathy towards the families affected by the desecration of 96
graves of the Jewish cemetery of Quatzenheim (France). While welcoming the strong reaction of
the French authorities and civil society to this incident, she strongly condemned this profanation
and stressed that such acts represent an attack on the principle of tolerance, which is essential in
a democratic society.
On 12 April, in the context of the commemoration of the liberation of the Jasenovac concentration
camp in Croatia, the Commissioner noted that denial of the Holocaust remains a serious problem
and that historical revisionism should have no place in Europe today. The Commissioner warned
about the disastrous consequences of unbridled nationalism and underlined that genuine social
cohesion can only be achieved by actively rejecting hatred and violence (see below the section
concerning transitional justice).
Furthermore, following the commemoration of the Srebrenica genocide on 11 July, the
Commissioner published an op-ed in which she expressed concern about the resurgence of
nationalistic movements which fuel anti-Muslim feelings and practices in Europe and about the
hate incidents occurring against Roma and Jews. She noted with concern that hate speech is
increasingly embraced not only by extremist groups, but also by mainstream politicians and
stressed the importance of defending the values and principles of equality, respect, diversity and
inclusiveness on which Europe is based.
The Commissioner also focused on some specific forms of discrimination against members of
ethnic minorities and foreigners. On 9 May, the Commissioner published a Human Rights
Comment entitled “Ethnic profiling: a persistent practice in Europe”, in which she noted that
ethnic profiling persists in a number of areas, including border checks and in the criminal justice
system. Furthermore, she observed that racial and ethnic profiling is also being perpetuated by
*30 machine- learning algorithms which are increasingly used in “predictive policing”. To
overcome these challenges, the Commissioner recommended that member states should: collect
reliable data on ethnic profiling;
clearly define and prohibit ethnic profiling in the law; circumscribe the discretionary powers of the
police; avoid perpetuating prejudices in the media; regulate the use of machine- learning
algorithms in police work; promote and strengthen access to remedies; and invest in public
awareness and AI literacy.
On 26-27 September, the Commissioner and representatives of her Office participated in the
high-level conference “On the Road to Effective Equality - New responses to racism and
intolerance needed?” organised by the European Commission against Racism and Intolerance
(ECRI) on the occasion of its 25th anniversary. In her speech, the Commissioner stressed that
despite important advances promoted by ECRI and other human rights bodies, the struggle for a
society free of racism, xenophobia, intolerance and inequality is not over, the most affected being
Jews, Muslims, Roma, foreigners and LGBTI people. She underlined that the present challenge
is to ensure that standards are implemented and that institutions function effectively and
Page 23
expressed her hope for a renewed commitment to confront prejudices and to establish societies
which respect the equal dignity of all. In addition, a representative of the Commissioner’s Office
addressed the issue of the human rights compliant use of artificial intelligence, as outlined in the
Commissioner’s Recommendation ‘Unboxing Artificial Intelligence: 10 steps to protect Human
Rights’.
In 2019, the Commissioner continued to stress the importance of dealing with past injustices.
Remembrance of past grave human rights violations and honouring the victims’ suffering are
human rights imperatives. Reckoning honestly with the past with empathy, mutual understanding
and courage is essential for reconciliation between different communities, and a means to ensure
that respect for human rights and the rule of law is built into the fabric of our societies.
On 12 April, the Commissioner participated in the ceremony commemorating the liberation of
Jasenovac, the concentration camp run between 1941 and 1945 by the fascist Ustasha regime in
Croatia. On that occasion, the Commissioner honoured the victims of the atrocities committed in
Jasenovac, expressing her solidarity with all those who fight tirelessly to keep alive the memory
of more than 80,000 people who were brutally killed in that terrible place and preserve their
respect and dignity. In August, she published an opinion article in OpenDemocracy entitled
“Drawing the right lessons from the Roma Holocaust” on the occasion of the 75th
commemoration of the Roma genocide perpetrated during the Second World War. In it, she
stressed the significance of this commemoration given the climate of rejection and violence in
which many Roma live in Europe today.
In June, the Commissioner organised a photography exhibition “Srebrenica – Mothers’ long fight
for justice” and opened it together with the president and the deputy president of the Association
of the Mothers of Srebrenica and Žepa, Munira Subaši# and Kada Hoti#, during the summer
session of the Parliamentary Assembly of the Council of Europe. On this occasion, the
Commissioner expressed her concern about a culture of genocide denial taking root in the
region, and stressed the importance of educating young generations about the past in a truthful
way. The *31 Commissioner also joined the Mothers of Srebrenica in calling on the Council of
Europe to mark 11 July as an official Remembrance Day of the Srebrenica Genocide.
As an illustration of the above-mentioned phenomenon of denial of past grave human rights
violations, including genocide, the Commissioner published a statement in November reacting to
the organisation by the Serbian Ministry of Defence of an event promoting a book falsifying the
facts of a war crime that claimed the lives of 71 people at the Tuzla Gate in Bosnia and
Herzegovina in May 1995. In her statement, the Commissioner called on the Serbian authorities
to step up efforts to prosecute war crimes and crimes against humanity, provide reparations to
victims and promote reconciliation between communities.
2.12 Statelessness
On 19 July, the Commissioner reacted to the decision of the Government of the United Kingdom
not to hold a judge- led inquiry into abuses related to counter-terrorism operations in the wake of
the terrorist attacks in New York on 11 September 2001. She had called for such an inquiry to be
Page 24
instituted in a letter to the Prime Minister in August 2018. Calling the decision regrettable, the
Commissioner emphasised that an inquiry would remain crucial to better prevent torture and
other abuses.
In the course of 2019, the Commissioner paid particular attention to the return to Europe of
Council of Europe nationals suspected of having joined ISIS and other terrorist groups in Syria
and Iraq. On 28 May, she published a statement urging Council of Europe member states to
ensure the repatriation of their under-age nationals from the camp of Al-Hol in Northern Syria,
and to consider repatriating their mothers as well, in order to safeguard the best interests of the
children. On 25 September, the Commissioner’s Office organised a consultation meeting in Paris
on the same topic in order to gather existing expertise and explore possibilities for further work of
the Commissioner in this area. A small number of academics, legal professionals and
representatives of international organisations, civil society organisations, national human rights
structures and national authorities discussed the human rights issues pertaining to the return of
children; the jurisdiction and responsibilities of Council of Europe member states towards their
nationals; the right to a fair trial and connected rights; and the rehabilitation and reintegration of
returned foreign fighters and their relatives. *32
The Commissioner also reacted to several national counterterrorism-related developments,
including as regards the impact of the use of anti-terrorism legislation on freedom of expression
(letter to the High Commissioner for Human Rights of the Russian Federation) and in respect of
the decision of the Government of the United Kingdom not to hold a judge-led inquiry into abuses
related to counter-terrorism operations in the wake of the terrorist attacks in New York on 11
September 2001, contrary to the Commissioner’s call to do so issued in a letter addressed to the
Prime Minister in August 2018.
The Commissioner’s Office was also represented at several events, where the Commissioner’s
activities related to the protection of human rights in the context of the fight against terrorism
could thus be presented. These included a debate held in November at the University of
Grenoble with the United Nations Special Rapporteur on extrajudicial, summary or arbitrary
executions, Agnès Callamard, and a representative of the United Nations Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms while countering
terrorism; and a conference organised by the University of Strasbourg in November on the role of
monitoring bodies in France, Germany and the United Kingdom in the context of the fight against
terrorism.
The treatment of persons deprived of liberty continued to receive attention in 2019, both in the
Commissioner’s country and thematic work.
During her visits to Greece and Bosnia and Herzegovina in October and December, the
Commissioner spotlighted the poor living conditions in the reception facilities for migrants and
asylum seekers, calling on the relevant authorities to urgently relocate those living there to
facilities with adequate living standards. The Commissioner also continued her efforts to promote
the use of alternative measures to the detention of migrants, as reflected in her report on
Hungary and her letter to the Parliament of Germany, published on 21 and 23 May respectively.
In May, the Commissioner raised the situation of life-sentenced prisoners in Poland and Serbia,
warning against legislative amendments that deprive certain categories of life prisoners of
eligibility for conditional release. In her letters to the respective authorities of each country, the
Commissioner noted that if enacted and implemented, such amendments would constitute
inhuman treatment and punishment, as the case-law of the European Court of Human Rights
provides that a life sentence must be reducible and the prisoners concerned must have a
prospect of release.
On 2 August, the Commissioner addressed a letter to the Minister of Interior of the Russian
Federation concerning the policing of protests in Moscow and the detention of protesters in police
stations. The Commissioner expressed concern about reports of excessive use of force against
protesters, and information that persons detained after the demonstrations had not been
provided with basic necessities, including water, hygiene items and sleeping places. She
requested the Russian authorities to provide information about any proceedings against police
Page 25
The Commissioner’s Office was represented at the 2019 UN Forum on Business and Human
Rights, held in Geneva on 25-27 November. The Forum discussed the latest developments in the
field of business and human rights taking place globally as well as in the Council of Europe area,
such as the progressive adoption of national action plans (NAPs) or the adoption by some states
of binding legislation regulating selected aspects of business conduct. Several sessions dealt
with themes directly relevant to the Commissioner’s mandate, including the business and human
rights connection in the context of tackling environmental pollution and climate change; the role
of national human rights institutions in promoting ethical business conduct; and strategies to
prevent attacks on human rights defenders active in the field of business and human rights.
The human rights implications of artificial intelligence (AI) systems emerged as one of the
priorities for the Commissioner’s work in 2019.
On 26 and 27 February, the Commissioner participated in a High-Level Conference co-organised
by the Finnish Presidency of the Committee of Ministers and the Council of Europe in Helsinki
“Governing the game changer - Impacts of artificial intelligence development on human rights,
democracy and the rule of law”. She delivered a key- note speech highlighting the need to put
human rights at the centre of artificial intelligence (AI) designs. The Commissioner stressed in
particular that, since states bear the responsibility to respect, protect and fulfil every person’s
human rights, it is their duty to ensure that private companies which design, develop or use AI
systems do not violate human rights standards. On 16 April, the Commissioner also participated
in the Stanford Global Digital Policy Incubator event, hosted at Stanford University and focusing
on “The Future of Human-Centered AI: Governance Innovations and Protection of Human
Rights”. Speaking on the closing panel looking at the issue of government regulation, national
strategies and geopolitics of AI, the Commissioner called for greater knowledge and
dissemination of and adherence to existing international standards when dealing with human
rights challenges posed by AI.
In the Human Rights Comment entitled “Ethnic profiling: a persistent practice in Europe”,
published on 9 May, the Commissioner noted that racial and ethnic profiling was in some cases
being perpetuated by machine- learning algorithms which were increasingly used in the field of
“predictive policing”. She therefore called on Council of Europe member states to regulate the
use of machine- learning*34 algorithms in police work and invest in public awareness and AI
literacy (see also the section on racism and intolerance).
The most important element of the Commissioner’s work in this area was the publication, on 14
May, of the Recommendation – entitled “Unboxing artificial intelligence: 10 steps to protect
human rights” – providing a number of steps which national authorities can take to maximise the
potential of AI systems and prevent or mitigate the negative impact they may have on people’s
lives and rights. It focuses on 10 key areas of action and contains a checklist to help implement
the measures recommended in each key area. It is based on existing standards and builds on
work done in this area by the Council of Europe and other international organisations. The
Recommendation is addressed to member states, but the principles concern anyone who
significantly influences – directly or indirectly – the development, implementation or effects of an
Page 26
AI system.
Since May, the focus has been on the promotion of this Recommendation, which was presented
at a number of international events. On 11 and 12 June, the Commissioner participated in
RightsCon, the world’s leading summit on human rights in the digital age, which took place in
Tunis. Speaking at the opening ceremony, the Commissioner stressed that technology should
maximise our freedoms and rights and keep those in power accountable. RightsCon was also an
opportunity for a member of the Commissioner’s Office to speak about the Recommendation
during a panel discussion on “AI explainability explained”. Moreover, on 27 September, in a
session of ECRI’s 25th anniversary conference dealing with new technologies and the Internet, a
representative of the Commissioner’s Office addressed the issue of the human rights compliant
use of artificial intelligence, as delineated in the Commissioner’s Recommendation. On 15
October, the Commissioner delivered a speech at the Conference of Council of Europe Justice
Ministers “Justice in Europe facing the challenges of digital technology”. In her speech, the
Commissioner underlined some of the human rights challenges posed by governments’ use of
digital technology, particularly as regards equality and respect for privacy, and recalled the main
principles set out in her Recommendation on AI. Finally, on 8 November, the Commissioner
participated in the OSCE Security Days in Vienna, delivering a speech which stressed the need
to govern the digital world to protect democracy and security. Referring to her Recommendation,
she called on member states to reinforce their monitoring of human rights compliance by AI
systems and act any time there is an infringement of these rights, as well as to strengthen
independent oversight and empowerment of national human rights structures to engage in this
field.
In addition, tackling algorithmic discrimination was one of the topics of the exchange of views
with representatives of Equality Bodies and the EQUINET Network in Paris on 26 September.
The second part of that exchange was focused on the role that Equality Bodies can play in this
endeavour, as a follow-up to the Commissioner’s Recommendation.
Independence of the judiciary and issues related to the rule of law featured prominently in the
Commissioner’s work in 2019. She made several country-specific interventions related to these
issues, including through statements, country visits and reports on Azerbaijan, Hungary, Poland,
Romania and Turkey. *35
In a Human Rights Comment published in September entitled “The Independence of judges and
the judiciary under threat”, the Commissioner warned about increasing attempts by the executive
and legislative to use their leverage to influence and instruct the judiciary and undermine judicial
independence. Despite efforts undertaken at the European level in recent years to protect the
rule of law and judicial independence, including the work in this field of the European Court of
Human Rights, the Parliamentary Assembly, the Venice Commission, GRECO and European
Union institutions, more needs to be done. She underlined the need for European institutions to
be stronger, more resolute and more vocal in defending the rule of law and the independence of
the judiciary. Council of Europe member states need to fully comply with the European standards
in this field and uphold the independence of the judiciary. She also called for more systematic
scrutiny of the rule of law in Council of Europe member states against the relevant Council of
Europe standards. Judges need to be involved and consulted in the preparation of legislation
which concerns them and about the functioning of the judicial system, and should enjoy security
of tenure and protection from undue early removal from office or involuntary transfer. The right of
judges to express their views on matters of public interest should be safeguarded. Lastly, the
Commissioner invited European citizens to hold their governments to account when the latter’s
actions undermine the rule of law, democracy and human rights.
On 28 November, the Commissioner published a statement calling on the Hungarian Parliament
to modify Bill T/8016 which risked affecting the independence of the judiciary. She expressed
concern that the Bill may have a negative effect on the internal independence of courts and
judges and fair trial guarantees for individuals. The Commissioner urged the Hungarian
Parliament to carefully scrutinise the precise impact of the Bill and to carry out meaningful
consultations with judicial professionals, experts and civil society representatives in view of
modifying the draft law. She also reiterated her earlier recommendations on the need to
Page 27
In 2019, the Commissioner and her team continued to devote close attention to the situation of
human rights defenders in the Council of Europe area. The Commissioner intervened publicly at
least ten times on urgent situations where the safety, liberty and security of human rights
defenders were at risk or the environment for their activities had been seriously compromised.
Those interventions concerned threats received by Igor Kochetkov, an LGBTI rights activist in
Russia; the criminal prosecution of Taner K#l#ç and other human rights activists in Turkey; the
imprisonment of Chechen human rights defender Oyub Titiev; obstacles and criminalisation of
NGOs assisting migrants in the EU countries; and other incidents.
The Commissioner continued to meet regularly with human rights defenders during her visits and
missions to different European countries and in Strasbourg. The situation of human rights
defenders was one of the main topics examined in the course of the Commissioner’s travels to
Azerbaijan, Hungary, Russia and Turkey. There was also a third party intervention before the
European Court of Human Rights in a case concerning the arrest and detention of a civil society
activist *36 and human rights defender ( Mehmet Osman Kavala v. Turkey -see below section
6).
During the year, the Commissioner also pursued her efforts to promote a safe and enabling
environment for human rights defenders, civil society organisations and human rights NGOs,
including in relation to LGBTI rights defenders, environmental activists, women’s rights
defenders, and defenders of migrants’ rights. Following her December 2018 round table with
defenders in Helsinki, she published a report on the current challenges faced by human rights
defenders in the Council of Europe area, highlighting certain deleterious trends affecting
defenders’ safety, and also focusing on restrictions to civil society organisations, attempts by
governments to delegitimise them, and the specific challenges and opportunities presented by
the evolving digital environment. The report contained a set of recommendations to Council of
Europe member states aimed at ensuring the effective implementation of the European and
international human rights standards in this regard. In June, the Commissioner organised a
round- table with human rights defenders working in conflict-affected settings to receive
information about the challenges they face and to discuss specific human rights issues, including
serious human rights violations and the protection of the rights of people belonging to specific
groups.
As during past years, the Commissioner and her Office regularly engaged in a mutually
supportive manner with other actors working towards the protection of human rights defenders
and safeguarding the environment for their important work. By way of example, the
Commissioner’s Office participated in the 9th Inter-Mechanisms Meeting for the protection of
human rights defenders, hosted by the OSCE/ODIHR in Warsaw, which was attended by the UN
Special Rapporteur on the situation of human rights defenders, the Director of the OSCE/ODIHR,
representatives of the UN OHCHR, the European Commission (DG DEVCO), the EU
Fundamental Rights Agency, and other actors.
National Human Rights Structures (NHRSs) and National Human Rights Institutions (NHRIs) – in
the form of Ombudsman institutions, human rights commissions and institutes and equality
bodies – are essential partners in the Commissioner’s dialogue with Council of Europe member
states, as envisaged in the Commissioner’s mandate. The Commissioner maintains close
contacts with NHRSs to gain insights about human rights developments at the national level. In
the past year, the Commissioner continued to maintain a high level of engagement with NHRSs
both bilaterally and through their networks, such as the European Network of NHRIs (ENNHRI),
the International Ombudsman Institute (IOI), EQUINET and the European Network of
Ombudsmen for Children (ENOC).
In 2019, the Commissioner held bilateral meetings with NHRSs during her country visits, as well
as multiple meetings in Strasbourg. The Commissioner also held meetings with the leadership of
the various networks mentioned above. In March, she gave a keynote speech at ENNHRI’s
Page 28
General Assembly and spoke at an event on the role of NHRIs in protecting the human rights of
migrants organised by the Global Alliance of NHRIs in the margins of the UN Human Rights
Council in Geneva. *37
In certain situations, the Commissioner spoke out in support of the independence and integrity of
NHRSs. For example, she expressed concern about the verbal attacks by public officials and
some media outlets in Poland against the Ombudsman, Adam Bodnar, following his principled
stance on the rights of a person suspected of a serious crime. The Commissioner also
condemned the death threats against the Georgian Public Defender (Ombudsman), Nino
Lomjaria, after her intervention regarding the organisation of the Pride March in Tbilisi. The
Commissioner welcomed the investigation opened by the authorities in this regard and
expressed the hope that the perpetrators would be promptly identified. The Commissioner’s
Office also contributed to various meetings and processes at the Council of Europe concerning
NHRSs, stressing the positive contribution of independent and effective NHRSs in the protection
of human rights and the need to facilitate their work.
The Commissioner continued to engage with NHRSs on specific substantive issues. Her Office
contributed in the steering boards and attended several meetings in the context of two projects
carried out by ENNHRI, one of them on the role of NHRIs in non-government controlled areas,
and the other in relation to the rights of migrants, asylum seekers and refugees. In September,
the Commissioner organised a workshop with EQUINET and over 30 European Equality Bodies
in the margins of the 25th anniversary of the European Commission against Racism and
Intolerance (ECRI) in Paris. The workshop focused on co-operation between Equality Bodies and
the Commissioner, on the one hand, and on future work on algorithmic discrimination, on the
other. The Commissioner took the opportunity of the workshop to draw the attention of Equality
Bodies to her Recommendation on Artificial Intelligence and human rights.
In February, the Commissioner met in Helsinki with the Director of the European Union Agency
for Fundamental Rights (FRA), Michael O’Flaherty, to exchange views on their respective
priorities and on-going activities, including in the field of asylum and immigration and artificial
intelligence. In April, the Commissioner participated in a side- event on Communicating Human
Rights organised by the EU representation to the Council of Europe, with the participation of the
EU FRA Director.
In May, the Commissioner met in Strasbourg with Eamon Gilmore, European Union Special
Representative on Human Rights, who took up his duties on 1 March 2019. The exchange of
views focused on their respective work in member states of common interest.
Members of the Commissioner’s Office attended two workshops organised by the EU FRA in
Vienna: one on National Human Rights Action Plans (27-28 March) and another organised in the
framework of the Rights Communicators’ Network (3-4 October). A Focal point has been
appointed to represent the Commissioner’s Office in the network. *38
On 12 February, the Commissioner opened the Safety of Female Journalists Online (#SOFJO)
conference: Increasing Opportunities for Freedom of Expression and Media Plurality in Vienna.
At the end of the conference, she published a joint statement together with the OSCE
Representative on Freedom of the Media, Harlem Désir. On 16 October, she published a joint
statement with the OSCE Representative on Freedom of the Media, the UN Special Rapporteur
on the Right to Freedom of Opinion and Expression, and the UN Special Rapporteur on
extrajudicial, summary or arbitrary executions, concerning accountability for the murder of
Maltese journalist Daphne Caruana Galizia. On 8 November, the Commissioner participated in
the OSCE Security Days, delivering a speech which stressed the need to ensure that
technological development works for and not against human rights, democracy and the rule of
Page 29
law.
Co-operation with the UN institutions focused on migration and refugees, freedom of expression,
protection of human rights defenders, the human rights of internally displaced persons, children’s
rights, counter-terrorism and human rights, the 2030 Agenda for Sustainable Development, and
women’s rights.
On 4 and 5 March, the Commissioner carried out a mission to Geneva to meet with the UN High
Commissioner for Human Rights, Michelle Bachelet, the Assistant High Commissioner for the
protection of refugees, Volker Türk, and the Special Rapporteur on the promotion and protection
of human rights and fundamental freedoms while countering terrorism, Fionnula Ní Aoláin. The
discussions focused on the priorities of the respective institutions and on avenues for possible
joint actions.
On 3 October, ahead of UNHCR’s High-Level Segment on Statelessness of 7 October 2019, the
Commissioner issued a statement urging all Council of Europe member states to accede without
reservations to the relevant UN and CoE Conventions.
On 12 November, the Commissioner met with the UN Special Representative on Violence
against Children, Maalla M’jid, to exchange views on their respective activities, issues of
particular concern and priorities for action regarding children’s rights.
Members of the Commissioner’s Office regularly took part in events organised by UN
counterparts, including: a conference on “Protecting Civic Space in the European Union”
organised by the UN Human Rights Regional Office for Europe (10-11 October, Brussels); a
Workshop on Enhancing Co-operation between the United Nations and Regional Mechanisms for
the Promotion and Protection of Human Rights organised by the UN OHCHR (21-22 October,
Geneva); the Beijing+25 Regional Review organised by the United Nations Economic
Commission for Europe (UNECE) and the UN Women Regional Office for Europe and Central
Asia (29-30 October, Geneva); and the UN Forum on Business and Human Rights (25-27
November, Geneva). The Office of the UN Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism attended a consultation
meeting organised by the Commissioner’s Office on 25 September in Paris. *39
On 18 September, the Commissioner took part in a hearing before the Grand Chamber of the
European Court of Human Rights in the case of Selahattin Demirta# v. Turkey (no.2) ,
concerning the pre-trial detention of a Member of Parliament. The Commissioner’s intervention
followed on from the written observations submitted in Chamber proceedings by her predecessor
in November 2017.
In her intervention, the Commissioner drew the Court’s attention to a number of systemic
problems in Turkey in order to put in context many cases currently pending before the Court. She
expressed her main concerns regarding the use of pre-trial detention by Turkish courts, including
defective reasoning, the use of statements which should be protected under Article 10 of the
European Convention on Human Rights as evidence, and undue limitations to the ability of
suspects to challenge their detention and obtain a speedy review. She also shared her view that
judicial actions, such as arrests, and initial and continuing detention, were being used to silence
critical voices, including of opposition politicians, and that the inconsistency of the evidence used
in this connection undermined legal certainty and discouraged legitimate dissent. She argued
that a marked erosion of safeguards ensuring the independence of the judiciary in recent years
had aggravated this situation.
In 2019, the Commissioner made five written interventions as a third party, pursuant to Article 36,
paragraph 3 of the European Convention on Human Rights .
On 10 January, the Commissioner published her written observations submitted to the European
Court of Human Rights in the case of Mehmet Osman Kavala v. Turkey (application no.
28749/18). This case relates to the arrest and detention of the applicant, a civil society activist
and human rights defender in Turkey, as well as the allegation that this detention was used for
purposes other than those prescribed in the European Convention on Human Rights . The
Commissioner’s observations pointed to a situation of increasing pressure on civil society and
human rights defenders in Turkey in recent years. The Commissioner also referred to the findings
of her predecessor regarding the Gezi events of 2013, including numerous concerns regarding
the attitude of the Turkish authorities to these events and the right to peaceful assembly in
general. In addition, the Commissioner highlighted long-standing concerns relating to the use of
criminal proceedings, and in particular of detentions, to punish statements and acts protected by
international human rights standards, which undermines legal certainty and creates a strong
chilling effect. She also expressed her concerns about the effectiveness of domestic remedies
when it comes to challenging such detentions. The Commissioner concluded that such arrests
and detentions must be seen against the background of a broader pattern of escalating reprisals
in Turkey against civil society activists and human rights defenders for their legitimate work.
On 8 February, the Commissioner published her written observations in the case of M.A. v.
Denmark (application no. 6697/18). This case relates to the refusal to grant family reunification to
a person with a temporary protection status, because he had not yet held a resident permit for
three years. In her submission, which *40 draws on previous country work and the 2017 Issue
Paper on family reunification, the Commissioner observed that the Court has recognised family
reunification as an essential right for refugees, and that persons with subsidiary or temporary
protection share a number of key characteristics with refugees. On this basis, she noted that
persons with subsidiary or temporary protection should be considered to be in a similar situation
to refugees as regards access to family reunification. She further emphasised the negative
effects of long-term family separation and the fact that long waiting periods for family reunification
fail to meet the requirement of promptness set by the Court.
On 3 June, the Commissioner published her written observations in the case of Dabo v. Sweden
(application no. 12510/18). This concerns the refusal to grant family reunification because the
applicant, who held refugee status, did not meet the maintenance requirement, which he was
subject to because of the alleged failure to submit a family reunification request within three
months of receiving that status. In her submission, which draws on previous country work and the
2017 Issue Paper on family reunification, the Commissioner recalled that family reunification is an
essential right which enables refugees to resume a normal life and integrate in their host country.
She noted that maintenance requirements and short deadlines to qualify for exemptions should
preferably not be applied to persons granted international protection and that member states
should avoid keeping families separated unnecessarily.
On 22 November, the Commissioner published her written observations in the proceedings
relating to S.S. and others v. Italy (application no. 21660/18). This case relates to the interception
and rescue operation of a boat in distress in the Mediterranean, carrying around 150 persons
who had left Libya, and the alleged human rights violations resulting from this operation. In her
submission, which largely draws from her Recommendation on the Mediterranean (see above),
the Commissioner underscored that changes adopted in member states’ migration practices in
the Central Mediterranean, in particular certain types of assistance provided to the Libyan Coast
Guard, have resulted in increased returns of migrants to Libya, whilst member states knew, or
should have known, about the risks of serious human rights violations in that country. She also
highlighted that member states should not transfer responsibility for rescue operations to other
state authorities when they know or should know this would expose people to serious human
rights violations, and that instructions issued during rescue operations should be human rights
compliant.
Finally, on 25 November, the Commissioner published her written observations concerning the
case of Wikimedia Foundation, INC. v. Turkey (application no. 25479/19). This case relates to
the blocking in Turkey of Wikipedia, a free, multi-lingual, collaborative online encyclopedia hosted
by the applicant, a non-profit organisation. In her submission, the Commissioner placed the
ongoing blocking of access to Wikipedia in a broader context in which the Internet Law, by its
wording and spirit, caused numerous violations of the right to receive and impart information on
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the internet due to a disproportionate recourse to blocking measures. This issue, in turn, formed
part of an even broader problem of the authorities’ heavy-handed approach to any content or
information they consider offensive. The Commissioner concluded that the way Turkish
administrative authorities and magistrates’ courts routinely have recourse to internet blocking was
unacceptable in a democratic society and not compatible with Article 10 of the European
Convention on Human Rights*41 . She stressed that the systemic nature of the problem required
far-reaching measures, including the complete overhaul of the relevant Turkish legislation.
The Commissioner’s work in 2019 continued to be widely reported in national and international
media outlets, as well as being amplified on Twitter and Facebook. More than 1,000 news pieces
were published by media outlets.
The main themes covered by the media concerned the Commissioner’s work on migration,
freedom of expression and assembly, women’s rights and the human rights of LGBTI people.
Two opinion articles were published. The first concerned the Srebrenica genocide and was
published in 8 national and international news outlets between 4 and 12 July ( Kathimerini,
Danas, OpenDemocracy, Osservatorio Balcani Caucaso, Le Soir, Hurriyet Daily, Kommersant,
and Dnevnik ). The second concerned the Roma Holocaust and was published by
OpenDemocracy on 1 August.
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Over 250,000 users visited the Commissioner’s website, almost double the number recorded in
2018. The most viewed news were those concerning the mission to France, the demonstrations
in Catalonia and the Human Rights Comment on national human rights structures. The most
visited thematic pages were those on media freedom, women’s rights and the rights of LGBTI
people.
The 258 tweets published earned a reach of 6.5m impressions and 10869 new followers with a
total of 40495 followers (an increase of 22% compared to the increase recorded in 2018).*43
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On Facebook, 85 posts earned a reach of 337 564 and 1675 new page likes with a total of 10
300 page likes at the end of the year (an increase of 19% from last year)
In 2019, the total number of permanent posts in the Commissioner’s office amounts to 24 posts
(16 A-grade posts and 8 B-grade posts) and 3 fixed-term positions. The Office employed two
temporary staff members financed by the ordinary budget. The ordinary overall budget
appropriations were of €3,571,500 which represents 1.5% of the total ordinary budget.
The budget of the Commissioner for Human Rights covers the basic structure necessary for the
implementation of the mandatory activities which should be assured by permanent means from
the ordinary budget of the Council of Europe. *44
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