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Representation Arrangements In International Human Rights Institutions

Original Language Title: Pārstāvības kārtība starptautiskajās cilvēktiesību institūcijās

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Cabinet of Ministers Regulations No. 121 in Riga March 7, 2017 (pr. No. 11 4) Representation arrangements in international human rights bodies Issued in accordance with the law "on international treaties of the Republic of Latvia" 12. the second paragraph of article i. General provisions 1 the question determines: 1.1. procedures for ensuring the representation of the interests of Latvia in the European Court of human rights (hereinafter: the Court) and the United Nations (UN) monitoring of implementation of the Convention; 1.2. the functions of the person and the right to represent the interests of Latvia and the UN Convention on the execution of supervisory mechanisms and their implementation modalities. II. Representative 2. interest representation in court and the United Nations monitoring mechanisms of implementation of the Convention in the framework of implementing the cabinet authorized representative (hereinafter referred to as representative). 3. The mandate of the representative shall be issued by the Cabinet of Ministers on the recommendation of the Minister of Foreign Affairs, agreed with the Justice Minister. 4. The mandate of the representative of the Cabinet of Ministers issued for four years, and it can be issued. Again, there is no limit on the number of mandates. 5. the representative may be a person: 5.1 which occupies the post of diplomatic and consular service and was granted diplomatic rank under diplomatic and consular law; 5.2. which has a higher education in law and of one or more of the Court or the UN official working languages at a level that allows adequately fulfil the functions mentioned in these rules. 6. the work of the representative monitors the Foreign Minister. 7. a representative of the Office of the representative (hereinafter referred to as the Office). The Office is a Department of the Ministry of Foreign Affairs. 8. a representative shall submit annually to the Cabinet in a written report on its work. 9. the Minister for Foreign Affairs, on the basis of a recommendation of the representative to certain time may confirm the Deputy Representative in order to ensure the implementation of the functions of the representatives of the continuity. III. Representation in court 10. in the area of Representation in court representative performs the following functions: 10.1 within time limits set by the Court, on the basis of information provided by the competent institution, shall prepare and submit to the Court the Court in one of the working languages of the representation of the Government's position, as well as draw up and submit to the Court the Government's future considerations; 10.2. the decision on continuation of the proceedings in a case, before taking a decision, informing the Minister of Foreign Affairs, the Minister of Justice and the competent national authorities. Legally and factually complex cases such a decision, the Cabinet of Ministers; 10.3. based on the decision of the Cabinet of Ministers, a court settlement offer or unilateral declaration; 10.4. If the case is being heard in an oral hearing before the hearing shall inform the representatives of the Cabinet of Ministers of the Government, the representative prepared position; 10.5. based on the decision of the Cabinet of Ministers, in the great Chamber of the Court of appeal of the Government; 10.6. based on the decision of the Cabinet of Ministers, engage a third-party status in handling complaints against other European human rights and fundamental freedoms, the Convention on the protection of the Contracting Parties; 10.7. If the Court accepts the ruling, which found the European human rights and fundamental freedoms of the Convention or of such Protocol, as the breach of Latvia, submitted to the Cabinet of Ministers information report with the Court ruling, giving the ruling of the execution measures required; 10.8. based on information provided by the competent institution, shall prepare and submit to the Committee of Ministers of the Council of Europe, the Government's position on the Court ruling, which found the implementation of European human rights and fundamental freedoms or protocol violation in Latvia; 10.9. the enforcement of judicial decisions within the judgment provides translation, publication in the Official Gazette "Latvijas journal" and distribution. IV. Representation of AN individual complaint handling process 11. in the area of Representation of individual UN complaint handling process agent performs the following functions: 11.1. within the United Nations, on the basis of information provided by the competent institution, shall prepare and submit to the UN in one of its official languages, the representative of the Government position, as well as draw up and submit to the UN the Government further considerations; 11.2. If the United Nations takes a decision, which found a violation of the UN Convention, submitted to the Cabinet of Ministers information report with the U.N. assessment, indicating the decision to comply with the necessary measures; 11.3. the responsible authorities on the basis of the information provided, the Government prepared positions on the UN decision, which found a violation of the UN Convention, and is responsible for the timely submission of the said position of the UN; 11.4. decisions within the framework of the United Nations provides translation, publication of decisions in the official Edition of the "journal", and distribution. V. representation in the national report national report 12 preparation and examination on the UN Convention of 1965 on the Elimination of racial discrimination, 1966 International Covenant on Civil and political rights, the 1966 International Covenant on economic, social and cultural rights, the 1979 Convention on the Elimination of all forms of discrimination against women, the 1984 Convention against torture and other cruel, inhuman or degrading treatment or punishment the 1989 Convention on the rights of the child (hereinafter referred to as UN Convention) in Latvia, the Executive Representative performs the following functions: 12.1. According to United Nations guidelines, the national report summarizes the information provided by the institutions responsible for the implementation of the UN Convention in Latvia. Minister of Foreign Affairs the national report submitted to the Cabinet of Ministers; 12.2. the national reports provide a translation in one of the UN working languages and submitting them to the UN; 12.3. the establishment of the delegation responsible for the national report to the United Nations and its approval of the composition of the Cabinet of Ministers; 12.4 summarizes the performance of the UN Convention in the framework of the monitoring mechanism requested more information in one of the UN official languages and submit it to the UN; 12.5. after consideration of the report of the national United Nations Convention provides performance monitoring mechanism closing recital of Latvian language translation, publication in the Official Gazette of the "journal", and distribution. Vi. rights of Representatives 13. Preparing the Government's representation in the courts and the position of national reports on the implementation of the UN Convention, as well as AN individual complaint handling process representative has the following rights: 13.1 request and free of charge receive from the authorities the necessary documents, explanations, opinions, ratings and other Government representation for the preparation of the position of the necessary information; 13.2. to request and receive from the responsible authorities for the preparation of the national report, the necessary documents, statistics and other related information. VII. final question 14. Be declared unenforceable for Cabinet 2014 July 1 Regulation No 355 "rules on representation in international human rights institutions" (Latvian journal, 2014, 128. no). Prime Minister Māris kučinskis Foreign Minister Edgar a Rinkēvič