Council of Europe chief warns against politicising human rights court amid migration row

The Secretary General of the Council of Europe, Alain Berset, has issued a stern defence of the European Court of Human Rights (ECHR) following a joint letter by nine member states calling for a shift in how the court interprets the European Convention on Human Rights, particularly in the field of migration.

Berset said the ECHR “must not be weaponised — neither against governments, nor by them”, warning that “politicising the Court” threatens to erode the rule of law across the continent.

The letter, initiated by Denmark and Italy and signed by Austria, Belgium, Czechia, Estonia, Latvia, Lithuania, and Poland, calls for a “new and open-minded conversation” about the Court’s jurisprudence. The countries argue that the ECHR has too often constrained their ability to expel criminal migrants, and that rulings have “resulted in the protection of the wrong people.”

Berset responded with a pointed reminder: “The European Court of Human Rights is not an external body. It is the legal arm of the Council of Europe — created by our member states, established by sovereign choice, and bound by a Convention that all 46 members have freely signed and ratified.”

He acknowledged the complexity of migration challenges and the legitimacy of debate but cautioned that criticism must not translate into pressure on the judiciary. “Institutions that protect fundamental rights cannot bend to political cycles,” he said. “If they do, we risk eroding the very stability they were built to ensure.”

In March, Prime Minister Robert Abela sparked backlash when he proposed placing convention reform on the agenda during Malta’s presidency of the Council of Europe. His Foreign Minister, Ian Borg, later walked back.

Abela had openly criticised ECHR rulings that, in his view, prevented the deportation of criminal foreign nationals. “A series of conventions create massive challenges to do that,” he said in March.

Despite this, he stopped short of signing the joint letter this week.

Though Malta is not among the signatories, the letter closely reflects Abela’s views. It complains that “the interpretation of the convention has, in some cases, limited our ability to make political decisions in our own democracies.”

Berset’s statement comes as the convention marks its 75th anniversary, a milestone that he used to highlight the ECHR’s pivotal role in defending rights even in the face of war, such as Russia’s aggression against Ukraine.

“Our task is not to weaken the convention, but to keep it strong and relevant — to ensure that liberty and security, justice and responsibility, are held in balance,” Berset said.