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