8. States should ensure that court orders and judgments affecting persons belonging to national minorities are executed effectively, impartially and within a reasonable time. The effective execution of judicial decisions is an integral component of access to justice for all members of society, including national minorities.49 Executing judicial decisions is particularly important in cases involving individuals who are at greater risk of being victims of crime or affected by discrimination because of their gender, status as a minority or both. Moreover, executing judicial decisions effectively is important to protect the rights of persons belonging to minority communities, including to property, and to ensure their safety. Lack of execution can lead to situations where property is not restored to its rightful owner, convicted persons are not imprisoned and remain a threat to their victims, or plaintiffs continue to suffer from discrimination. If the execution of judicial decisions affecting national minorities is selective, delayed or completely lacking, members of minority communities are likely to reach the conclusion that access to justice is elusive for them. Their trust in the judiciary and the State will be damaged as a consequence. On the other hand, effective execution of judgments and court orders signals that the State is committed to uphold the rule of law and individual rights without discrimination. This implies that all orders and judgments by courts and tribunals affecting persons belonging to national minorities, be they criminal, civil or administrative, are issued in a language they understand and preferably in their language, and are also respected and executed without discrimination and within a reasonable time. Law-enforcement agencies and correctional services are key actors in executing judicial decisions in criminal matters (such as search warrants or detention on remand). They should execute judgments and court orders professionally, within a reasonable time and without discrimination. In addition, enforcement agencies (or bailiffs) are also needed to ensure the execution of judicial decisions regarding civil and administrative matters, such as private claims and the collection of public receivables. 49 See Council of Europe (2003) Recommendation Rec(2003)17 on Enforcement (adopted by the Committee of Ministers at the 851st Meeting of the Ministers’ Deputies); Council of Europe (2009) Guidelines for a Better Implementation of the Existing Council of Europe’s Recommendation on Enforcement (adopted by the CEPEJ at its 14th Plenary Meeting); and Council of Europe, Consultative Council of European Judges (2010) Opinion No. 13 on the role of judges in the enforcement of judicial decisions. The Graz Recommendations on Access to Justice and National Minorities 33

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