Yahoo News Germany; by AFP; Friday 8. December 2006,
President of the European Court for Human Rights
puts Germany on notice
AFP - ECHR Judge Luzius Wildhaber
The president of the European Court for human rights (ECHR),
Luzius Wildhaber, admonished Germany for the conversion of the
Strassburger judgements: Germany has to be more concerned with
implementation of "the system of the human rights convention,
said Wildhaber in an interview with press agency AFP. There
is obviously ignorance and some knowledge gaps,
also under German judges, stressed the 69-year old Swiss court
president, who will leave the Strassburger Court next January
because of age reasons.
Wildhaber referred to article 46 of the European human rights
Therein it is unmistakably fixed that the signatory states must
comply and obey
to the final judgements of the Human Rights Court. He is to
some extent surprised over the fact therefore that until
today the Strassburger judgement is still not converted in the
custody proceedings relating to the Turkish father Kazim Görgülü.
The Turk had complained in Strasbourg against Germany, because
the German court refused him custody of his son, who was released
against his will for adoption by the single mother. The human
rights court condemned Germany in February 2004 based on offences
against the fundamental rights of protection of family life.
But the seven year old boy nevertheless continued to live
till today with
a care family, as the decision over the custody complaint by
the responsible higher regional court (OLG) in Naumburg only
recently was shifted again.
In the run up to the international day of human rights next
sunday the 10th of December, Wildhaber also appealed to the
46 Council of Europe member countries, to come to the assistance
of the courts' completely overloaded judges who at present are
facing 90.000 pending cases. They would either have to put more
means at the disposal of the human rights court or would have
to ensure that fewer complaints arrive in Strasbourg. In addition
the states themselves would have to fight more effectively against
violations of human rights and would have to eliminate abuses
of human rights reprimanded on by the court permanently.
... Translation from German by Peter Tromp,
That would be the best way."