Роль Совета Европы в защите прав человека на неподконтрольных территориях [Articol]

Abstract

This article examines the role of the European Convention on Human Rights and Fundamental Freedoms (ECHR) as an instrument implying an unformalized obligation of the Council of Europe (CoE) to protect human rights in the uncontrolled territories of member states. An ad hoc judicial body model is proposed as a manifestation of the CoE’s collective responsibility for observing rights guaranteed by the ECHR, supplemented by economic pressure mechanisms and international coordination. The analysis relies on the historical and legal interpretation of the ECHR, ECtHR precedents, the experience of Bosnia and Herzegovina (BiH), and empirical data from the “extraordinary judicial initiative” of 2023. A comparative analysis with Kosovo and BiH emphasizes the model’s applicability, despite limitations such as political will and funding. The article concludes that ad hoc courts, reinforced by sanctions and monitoring, represent an effective path to restoring sovereignty and democratic values.