President of the human rights court puts Germany on notice

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 convention.

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. “That would be the best way."