Strasbourg, 19 October 2009

CCPE-GT(2009)12

WORKING GROUP OF THE
CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS

(CCPE-GT)

Report of the 5th meeting of the Working Group

Strasbourg, 29 – 30 September 2009

Secretariat document, prepared by the

Directorate General of Human Rights and Legal Affairs

I. INTRODUCTION

1. The Working Group of the Consultative Council of European Prosecutors (CCPE-GT) held its 5th meeting in Strasbourg on 29 - 30 September 2009. The meeting was chaired by Mr. Olivier DE BAYNAST (France). Mrs Marja RUOTANEN, the new Director for cooperation, participated at the opening of the meeting. She ensured the members of a fruitful cooperation from her side.

2. The agenda and the list of participants appear in the Appendices I an II. Mr Vladimir ZIMIN (Russian Federation) proposed to include on the item “any other business” of the agenda the examination of a document prepared by the Russian delegation on how to make good use of the work of the CCPE and its Opinions.

II. COMMUNICATION BY THE PRESIDENT OF THE CCPE, MEMBERS OF THE BUREAU AND THE SECRETARIAT

3. Mr Olivier DE BAYNAST informed about the success of the Bordeaux Conference following which, in France, the communication among judges and prosecutors considerably improved. The draft opinion on the relationships between judges and prosecutors was brought to the knowledge of a working group on the reform of the French criminal procedure code.

4. Mr Antonio VERCHER (Spain) mentioned a PACE Recommendation 1885(2009) that invites the Committee of Ministers to take necessary action in view of drafting an additional protocol to the European Convention on Human Rights concerning the right to a healthy environment1.This question is of interest for the CCPE in particular as regards further implementation of its Opinion N°3 on the “role of prosecutors outside the criminal law field” where it was recognised that prosecutors may have an important role to play in the protection of social and economic rights of the population in general and in particular in settling disputes in the field of protection of environment, consumers rights or public health.

5. It is agreed that Mr Joao Manuel DA SILVA MIGUEL, who will attend the next CDCJ plenary meeting as Portuguese representative, will also represent the CCPE, in particular as regards the discussion on the follow-up to be given to the CCPE Opinion N°3 on the “role of prosecutors outside the criminal law field”.

III. PREPARATION OF THE JOINT PLENARY MEETING, LJUBLJANA, 18 – 20 NOVEMBER 2009

6. In order to ensure adequate the participation of most of the member states at the plenary meeting, the Secretariat is entrusted to relaunch, few weeks before the meeting, the countries which did not appoint any representatives. A letter signed by the Chair of the CCPE could also be addressed to the prosecution services to this end, bearing in mind the CCPE terms of reference in relation to the appointment procedures.

7. The Russian delegation raised the question of Russian interpretation during the plenary meeting which would facilitate access of the representatives from the CIS countries. The Secretariat underlined that this regular plenary meeting, which is due to be attended by the regular members of the CCPE, who should speak one of the two official languages of the Council of Europe, must be distinguished from ad hoc conferences where a participation at the level of general prosecutors is expected. It was added that the budgetary situation is not in favour of the mutiplication of interpretation costs. However, on an exceptional basis, the Council of Europe could study the possibility of bearing the travel and subsistence expenses of the interpretor of the Russian delegation.

8. The Bureau decided to have a one hour meeting on 18 November at 8.00, before the plenary meeting, either at the Brdo Congress Centre or at City Hotel. Bureau members should be notified by the Secretariat few days before.

III. JOINT OPINION N°4 ON THE RELATIONSHIPS BETWEEN JUDGES AND PROSECUTORS

9. The CCPE-GT adopted a final version of the joint draft opinion. This text comprises a short Declaration, called “Declaration of Bordeaux” (which was already adopted by the CCPE-GT and the CCJE-GT in Bordeaux) and an explanatory note. The latter had been largely improved since Bordeaux by several contributions from both Working groups. Mr Olivier DE BAYNAST thanked all members of the CCPE-GT who enabled to finalise the draft during summer. The CCPE-GT agreed to send the draft Opinion to all CCPE and CCJE members on 9 October together with a note from the Chair explaining that comments should focus on the explanatory note and should be sent to the Secretariat as soon as possible before the plenary meeting.

IV. DRAFTING OF THE FUTURE OPINION ON THE PRINCIPLES OF PUBLIC PROSECUTION AS REGARDS JUVENILE JUSTICE

10. Mr Harald RANGE (Germany) who represented the CCPE at the 2nd meeting of the Group of Specialists on Child-Friendly Justice (CJ-S-CH) informed about the need to coordinate the drafting process of the future Opinion N°5 with the action already in place within the Council of Europe and taking into account the existing research documents. The CCPE work on the best practices of prosecutors in dealing with juveniles would definitely be an added value to the work of the CJ-S-CH who is preparing guidelines on child friendly justice at the request of the Committee of Ministers for 2010. The future Opinion of the CCPE should have an in depth look on the prosecutor’s duties when dealing with cases involving juveniles. The guidelines and the CCPE Opinion should be two distinct documents but complement each other .

11. As regards the organisation of the work for drafting the future opinion, the questionnaire prepared by the Secretariat could be a starting point. It was agreed that the Secretariat, together with Mr Harald RANGE, would improve the questionnaire, in particular taking into account the existing documents and the questionnaire which served for the drafting of the Recommendation CM/Rec(2008)11 on European rules for juvenile offenders subject to sanctions or measures. The questionnaire would be sent out to the members of the CCPE-GT within two weeks for additional comments. Once the members agreed on a final version, the questionnaire could be sent immediately to the Bureau by electronic way for approval and decision to disseminate it to all CCPE members. The answers could reach the Secretariat by mid-January; the CCPE, at its plenary meeting, could also decide to request a scientific expert to prepare a compilation of answers which would serve as a basis for drafting Opinion N°5.

V. DISCUSSION ON AN EVENTUAL TEXT ON THE ROLE OF PROSECUTORS IN THE IMPLEMENTATION OF THE EUROPEAN PRISON RULES OF THE COUNCIL OF EUROPE

12. An exchange of views with Mrs Ilina TANEVA, Secretary of the Council for Penological Cooperation of the CDPC, took place in order to harmonise the future possible work of the CCPE concerning the role of prosecutors in the implementation of the European Prison Rules. Mrs TANEVA informed about the outcomes of the 15th Conference of Directors of Prison Administration which took place in Edinburgh, on 9 – 11 September 2009. The participants of the Conference agreed on a number of conclusions aimed at finding solutions to overcrowded prison systems. One of these solutions could be part of the concerns of the CCPE, e.g the contribution of other players acting in the criminal justice system such as prosecutors and judges. In general, problems encountered by the prison system should not be tackled in an isolated form but rather as a part of the criminal justice system in general. The European Prison Rules should be revised on a regular basis and first revision exercise would start in 2010. Other players such as the Committee for the Prevention of Torture are actively involved in this process. Representatives of the European Court of Human Rights would be also invited to cooperate on this in the 2010 exercise .

13. For the future work of the CCPE, cooperation with other bodies should be ensured in order to avoid duplication. The CCPE Secretariat was entrusted to prepare a report containing reference to the activities done within the Council of Europe by other bodies such as the Council for Penological Cooperation or the CPT. Reference should also be made to the decisions of the European Court of Human Rights. It was also suggested for the CCPE to appoint a representative to the Conference of Directors of Prison Administration which takes place once in two years. It was also proposed to invite, at a later stage, a representative of the CPT Secretariat in order to coordinate the drafting of the CCPE's opinion.

VI. CELEBRATION OF THE 10th ANNIVERSARY OF THE RECOMMENDATION REC(2000)19 IN 2010 AND BETTER WAYS FOR PROMOTING ITS IMPLEMENTATION IN THE MEMBER STATES

14. In view of the celebration of the 10th anniversary of the Rec(2000)19, each member should contribute to the promotion of the Recommendation at its own level. During the 4th plenary meeting, each member will be asked to give an information on the events regarding prosecutors, to take place in 2010 at national level and where presentations on the Recommendation Rec (2000)19 could be made.

15. At international level, a CCPE representative could make a presentation of the Recommendation at the next annual conference of the International Association of Prosecutors (IAP) which will be organised in Netherlands in 2010.

VII. CONCEPT PAPER AIMED AT INSTITUTIONALISING TRAINING FOR JUDGES AND PROSECUTORS ON CYBERCRIME

16. The CCPE-GT had the opportunity to get acquainted with a concept paper on the training of judges and prosecutors on cybercrime prepared under the umbrella of the Lisbon Network in cooperation with the Project on Cybercrime of the Council of Europe. A multi-stakeholders working group composed from specialised judges and prosecutors, representatives from the judicial training institutions and private sector as well as other actors involved in the fight against cybercrime met in Strasbourg, on 3 – 4 September 2009 to finalise the above mentioned concept paper. The concept is aimed at helping judicial training institutions develop and integrate training of judges and prosecutors in cybercrime and electronic evidence matters in the curricula of the initial and in-service training. It will furthermore facilitate networking among judges and prosecutors to enhance their knowledge as well as consistent support to training initiatives by interested partners. The Lisbon Network of the Council of Europe adopted this concept and recommended judicial training institutions to widely disseminate it and actively implement it as well as decided to bring it to the attention of the CCPE, the CCJE and the CEPEJ in order for them to welcome the document and to ensure broadest possible support to it. This paper will be presented to the CCPE during the 4th plenary meeting in order to facilitate the visibility of the concept and to encourage member states to take it duly into account.

VIII. ANY OTHER BUSINESS

17. The CCPE-GT took note of a document prepared by the Russian delegation on efficient modalities in order to render the work of the CCPE more visible and the CCPE Opinions better known in the member States. The Secretariat decided to prepare a document on this issue, based on the Russian proposal, for the adoption by the 4th plenary meeting.

Appendix I

AGENDA

1. Opening of the meeting

2. Adoption of the agenda

3. Communication by the President, members of the Bureau and the Secretariat

4. Preparation of the joint plenary meeting in Ljubljana, Slovenia, 18 – 20 November 2009

5. Discussion of the joint opinion No4 on the relationships between judges and prosecutors in view of its adoption by the joint CCPE-CCJE plenary meeting on 18 – 20 November 2009

6. Discussion on the drafting of the future opinion on the principles of public prosecution as regards juvenile justice

7. Reflection on an eventual text on the role of prosecutors in the implementation of the European prison rules of the Council of Europe

8. Brainstorming on the celebration of the 10th anniversary of the Recommendation 2000(19) in 2010 and better ways for promoting the implementation of the Recommendation in the member States

9. Discussion of the concept paper aimed at institutionalising training for judges and prosecutors on cybercrime

10. Any other business

Appendix II

LIST OF PARTICIPANTS

MEMBERS OF THE WORKING GROUP

Ms Alessandra GIRALDI, Deputy Chief Prosecutor, COPENHAGEN, DENMARK - apologized/excusée

M. Antonio MURA, Procureur de la République, Cour Suprême de Cassation, ROME, ITALIE

Mr Peter POLT, Chief Prosecutor, Head of Criminal Trial Cases, Office of the Prosecutor General, BUDAPEST, HUNGARY

Mr Harald RANGE, Generalstaatsanwalt, Generalstaatsanwaltschaft Celle, GERMANY

Mr Ahmet TASYURT, Public Prosecutor, Court of Cassation, GANKAYA / ANKARA, TURKEY

Mr Antonio VERCHER NOGUERA, Deputy Attorney General, Fiscalia General del Estado, MADRID, SPAIN

Mr Vladimir ZIMIN, First Deputy Chief, Prosecutor General’s Office, the General Department of International Legal Co-operation, MOSCOW, RUSSIAN FEDERATION

Mr Alexander Grigorievich ZVYAGINTSEV, Deputy Prosecutor General, Office of the Prosecutor General, MOSCOW, RUSSIAN FEDERATION

MEMBERS OF THE BUREAU

M. Olivier de BAYNAST, Procureur Général près de la Cour d’Appel d’Amiens, AMIENS, FRANCE (President/Président)

M. João Manuel DA SILVA MIGUEL, Procureur Général Adjoint, LISBONNE, PORTUGAL (Vice-President/Vice-Président)

M. Peter McCORMICK, Office of the Director of Public Prosecutors, DUBLIN, IRELAND - apologized/excusé

Ms Raija TOIVIAINEN, State Prosecutor, Head of the International Unit, HELSINKI, FINLAND – apologized/excusée

SECRETARIAT OF THE COUNCIL OF EUROPE

Directorate General of Human Rights and Legal Affairs /

Ms Marja Ruotanen, Director

M. Stéphane Leyenberger, Deputy Head of Justice Division

Ms Muriel Decot, Secretary of the CCPE

Ms Ana Rusu, Co-Secretary of the CCPE

Mrs Emily Walker, Assistant

M. Jean-Pierre Geiller, Documentation

Ms Annette Sattel, Communication

INTERPRETERS / INTERPRÈTES

Nicolas Guittonneau

Grégoire Devictor

1 For the full text of the Recommendation please see the link bellow : http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta09/EREC1885.htm



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