Between March 18th and 21st, 2024, the French Ministry of Justice and the United Nations Office on Drugs and Crime (UNODC), within the Project Justitia, organized a study visit to the European Court of Human Rights (ECtHR) and the French judicial institutions in Strasbourg, France, for judges from all Western Balkans jurisdictions. This initiative aimed to enhance the judges' understanding of human rights adjudication amid national security challenges, focusing specifically on relevant case law. The visit offered an opportunity for direct interaction with ECtHR officials through discussions and Q&A sessions, significantly improving the judges' understanding in incorporate human rights considerations into judicial decisions, especially in complex security-related cases. This experience fostered a deeper understanding of the European Human Rights legal framework among the participants.
Another key objective of this visit was to provide insight into the French judicial system's approach to balancing human rights with security challenges. Judges from the Western Balkans gained firsthand knowledge of how France manages this balance while confronting issues like organized crime, terrorism, and the trafficking of firearms and drugs. Interactive sessions with French judges, prosecutors, and law enforcement officers, alongside visits to a police detention center, a police control center for emergency response, and courtrooms, offered a comprehensive view of the French legal system's operational dynamics. They saw how theoretical knowledge and practical application come together in fighting crime effectively, yet in a way that upholds European human rights standards, especially focusing on maintaining a fair balance (the principle of proportionality).
The visit laid the groundwork for focused efforts on upholding human rights in cases of organized crime, including firearms trafficking, across the Western Balkans. As an initial step, judges will review the case law within their respective jurisdictions to identify practices related to defendants' rights. Subsequent steps in integrating human rights considerations will involve addressing the rights of other individuals impacted by measures implemented under the United Nations Convention against Transnational Organized Crime aimed at crime repression. This includes bona fide third parties whose properties might be affected by efforts to seize and confiscate assets suspected to be proceeds of crime. Finally, attention will be given to the rights of victims, witnesses, and individuals cooperating with the authorities, all from a human rights perspective.
This activity is implemented with financial support provided by Germany, the United Kingdom, Sweden, France, the Netherlands, and Norway through the Western Balkans SALW Control Roadmap Trust Fund and supported by the European Union.