Ministers’ Deputies
Decisions

CM/Del/Dec(2009)1062 3 July 2009
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1062nd meeting, 1 July 2009

Decisions adopted

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CONTENTS

Page

List of those present 6

Introduction 9

1. General questions

1.1 Adoption of the agenda 9

1.2 Preparation of forthcoming meetings +

1.3 Communication from the Secretary General and the Deputy Secretary General 9

1.4 Report of the Bureau 9

1.5 Conferences of Specialised Ministers – State of preparation +

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia 10

2.1bis Current political questions
a. Activities for the development and consolidation of democratic stability 10
- Azerbaijan
- Bosnia and Herzegovina
- Belarus
b. Other questions +
- Statement by the Representative of Albania

2.2 Situation in Cyprus+

3. Parliamentary Assembly

3.1 3rd part of the 2009 Session (Strasbourg, 22-26 June 2009)
a. Communication by the Secretary General of the Parliamentary Assembly on the 3rd part
of the 2009 Session and other Assembly activities 12
b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary
questions (22 June 2009) 12

3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 557 by Mr Hancock: “End violence and discrimination on the basis of
sexual orientation and gender identity in Turkey” 12

4. Human rights

H46-1 Cases of unfair proceedings requiring reopening of domestic proceedings –
28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03
72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006 13

4.1 Steering Committee for Equality between Women and Men (CDEG) –
Abridged report of the 41st meeting (Strasbourg, 15-17 April 2009) 13

Page

4.2 European Commission against Racism and Intolerance (ECRI) 13
a. Nomination of a member of ECRI in respect of Ukraine
b. Nomination of a member of ECRI in respect of Croatia

4.3 “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine:
the Gongadze case as an emblematic example” –
Parliamentary Assembly Recommendation 1856 (2009) 14

4.4 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of members of the CPT in respect of Denmark and Hungary 14

4.5 Steering Committee for Human Rights (CDDH)
a. Abridged report of the 68th meeting (Strasbourg, 24-27 March 2009) 15
b. Draft Committee of Ministers’ Declaration on human rights in culturally diverse societies 15
c. Draft Guidelines on human rights protection in the context of accelerated asylum procedures 15

4.6 “Council of Europe Commissioner for Human Rights – stock taking and perspectives” –
Parliamentary Assembly Recommendation 1816 (2007) 15

4.7 Proposal to request an advisory opinion from the European Court of Human Rights 16

6. Social cohesion

6.1 European Committee on Migration (CDMG) 16
a. Abridged report of the 57th meeting (Strasbourg, 28-29 May 2009)
b. Draft terms of reference of the Ad hoc Advisory Group on migrants who suffer injury,
violence or trauma whilst crossing borders (MG-S-VT)

10. Legal questions

10.1 Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) – Interim report 17

10.2 The fight against terrorism
a. Committee of Experts on Terrorism (CODEXTER) – Abridged report of the 16th meeting
(San Lorenzo de El Escorial, Spain, 15-16 April 2009) 17
b. First Consultation of the Parties to the Council of Europe Convention on the Prevention of
Terrorism (CETS No. 196) (Madrid, 12 May 2009) – Abridged report 17
c. “CoE-OAS/CICTE Conference on Terrorism and Cyber Security”
(San Lorenzo de El Escorial, Spain, 16-17 April 2009) – Conclusions 18

10.3 Committee of Legal Advisers on Public International Law (CAHDI) –
Exchange of views with the Chair +

11. Administration and logistics

11.1 Meeting report of the Budget Committee – May 2009 Session 18

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Congress of Local and Regional Authorities of the Council of Europe –
Standing Committee (Brdo, Slovenia, 10 June 2009)
a. Communication by the Secretary General of the Congress+
b. Adopted texts 18

Page

APPENDICES

APPENDIX 1 1062nd meeting of the Ministers’ Deputies
(item 1.1) (Strasbourg, 1 (10 a.m.) July 2009)
Agenda 20

APPENDIX 2 Reply to Written Question No. 557 by Mr Hancock:
(item 3.2a) “End violence and discrimination on the basis of sexual orientation and gender
identity in Turkey” 24

APPENDIX 3 Reply to Recommendation 1856 (2009) of the Parliamentary Assembly
(item 4.3) on “Investigation of crimes allegedly committed by high officials during the Kuchma
rule in Ukraine: the Gongadze case as an emblematic example” 25

APPENDIX 4 Resolution CM/ResCPT(2009)2
(item 4.4) Election of members of the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT)
in respect of Denmark and Hungary 26

APPENDIX 5 Declaration by the Committee of Ministers
(item 4.5) on human rights in culturally diverse societies 27

APPENDIX 6 Guidelines on human rights protection
(item 4.5) in the context of accelerated asylum procedures 29

APPENDIX 7 Reply to Parliamentary Assembly Recommendation 1816 (2007)
(item 4.6) on the “Council of Europe Commissioner for Human Rights –
stock taking and perspectives” 34

The 1062nd meeting of the Ministers’ Deputies opened on 1 July 2009 at 10.00 a.m. under the chairmanship of Ms M. Bole, Deputy for the Minister for Foreign Affairs of Slovenia.

PRESENT

ALBANIA
Ms M. Gega
Ms A. Doko

ANDORRA
Ms F. Aleix
Ms A. Lopez

ARMENIA
Mr Z. Mnatsakanian
Ms N. Hambarzumyan
Mr A. Hovhannisyan

AUSTRIA
Mr T. Hajnoczi

AZERBAIJAN
Mr M. Kangarlinski
Mr H. Nasibov
Mr J. Musayev

BELGIUM
Mr J. Devadder

BOSNIA AND HERZEGOVINA
Ms Z. Martinović
Ms M. Muharemagić
Ms M. Dimitrijević

BULGARIA
Mr I. Petkov
Mrs L. Draganova
Mr A. Krestev
Ms D. Stambolova-Ivanova

CROATIA
Ms V. Batistić-Kos
Mrs P. Leppee Fraize

CYPRUS
Mr E. Evriviades
Mr D. Samuel

CZECH REPUBLIC
Mr P. Hrnčíř
Mr O. Abrhám
Ms K. Markovová

DENMARK
Mr C. Oldenburg
Mr C. von Barnekow

ESTONIA
Mr S. Kannike
Mrs N. Luts
Mr E. Harremoes
FINLAND
Ms I. Ertman
Ms A.-C. Krank

FRANCE
Mr B. Gain
Ms C. Schmerber
Ms C. Larene

GEORGIA
Mr Z. Tchiaberashvili
Mr M. Jgenti
Ms L. Goginava
Ms I. Mamuchishvili

GERMANY
Mr H. Haupt
Ms C. Althauser
Ms A. Weerth
Mr J. Holzenberger

GREECE
Mr D. Karabalis
Ms E. Kyriakopoulou

HUNGARY
Ms J. József
Mr V. Garai
Mr B. Horváth

ICELAND
Ms E. Flygenring

IRELAND
Ms M. Connery
Ms B. Walshe
Mr D. Howard

ITALY
Mr S. Busetto
Mr F. Crisafulli

LATVIA
Mr P. Elferts
Ms I. Kase

LIECHTENSTEIN
Mr D. Ospelt

LITHUANIA
Mr G. Šerkšnys
Mr D. Simaitis

LUXEMBOURG
Mr R. Mayer

MALTA
Mr J. Licari
Mr M. Pace

MOLDOVA
Ms E. Kistruga
Ms V. Agrici
Mr D. Vataman

MONACO
Mrs C. Gastaud

MONTENEGRO
Mr Z. Janković

NETHERLANDS
Mr J. van der Velden
Mr M. van der Kolk

NORWAY
Mr P. Wille
Ms T. Kongsvik
Ms E. Widsteen

POLAND
Mr P. Świtalski
Mr J. Grabowski
Ms A. Wyżnikiewicz
Ms E. Suchożebrska

PORTUGAL
Mr A. Madeira Bárbara
Mr J. Patricio
Mr L. Sequeira

ROMANIA
Ms O. Rogoveanu
Mr C.H. Rogoveanu

RUSSIAN FEDERATION
Mr A. Alekseev
Mr I. Kapyrin
Mr V. Egorov
Mr I. Podolskiy
Mr V. Ermakov
Mr V. Kashin-Padun
Mr I. Maltsev
Mr I. Subbotin
Ms M. Kostyanaya

SAN MARINO
Mr G. Bellatti Ceccoli
Ms M. Bovi
Ms S. Bollini

SERBIA
Ms D. Filipovic
Ms T. Rastovac Siamashvili
Mr A. Tomic

SLOVAK REPUBLIC
Mr J. Kubla
Ms S. Danová

SLOVENIA
Mrs M. Bole, Chairperson
Mrs M. Kušer
Mr J. Brenčič
Ms U. Omerzu
Ms M. Šmid

SPAIN
Ms M. Vilardell Coma
Mr P. Jiménez Nacher
Mr P. Desportes

SWEDEN
Mr P. Sjögren
Ms J. Egermark

SWITZERLAND
Mr P. Widmer, Vice-Chairman
Mr M. Wey
Ms B. Schaer

“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Mr R. Saliu
Ms E. Bodeva

TURKEY
Mr D. Batibay
Mr H. Ulusoy
Mrs B. Tuğ
Mr C. Kahyaoğlu
Mr T. Oral
Mr B. Ulusoy
Mr Y. Yeşilada
Ms H. Demirer
Ms G. Acar

UKRAINE
Mr Y. Perelygin
Ms N. Shakuro
Mr O. Ivaschenko

UNITED KINGDOM
Ms E. Fuller
Ms H. Mulvein

*

* *

EUROPEAN COMMISSION
Ms L. Pavan-Woolfe

*

* *

CANADA
-

HOLY SEE
Mgr A. Giordano
Rev. F. Kolfhaus

JAPAN
Mr T. Kawada

MEXICO
Ms L. Madero
Ms A.R. Arizmendi

UNITED STATES OF AMERICA
Mr V. Carver

Introduction

At the start of the meeting, the Chairperson welcomed Ambassador Zdenko MARTINOVIĆ, Permanent Representative of Bosnia and Herzegovina, and Mr Joachim HOLZENBERGER, Deputy to the Permanent Representative of Germany, and wished them a pleasant stay in Strasbourg and a very successful mission within the Committee. She then bade farewell to Ms Lubov DRAGANOVA, Deputy Permanent Representative of Bulgaria, Mr Ondřej ABRHAM, Deputy Permanent Representative of the Czech Republic, Ms Jiřina VALENTOVÁ, Deputy to the Permanent Representative of the Czech Republic, Ms Annette WEERTH, Deputy to the Permanent Representative of Germany, and Mr Tsukasa KAWADA, Consul General of Japan. She wished them every success for the future.

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to add the following sub-item to the agenda of their 1062nd meeting:

 

2.1bis

Current political questions
b. Other questions
- Statement by the Representative of Albania

2. taking into account the decision above, adopted the agenda of their 1062nd meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and the Deputy Secretary General
(SG/Com(2009)1062)

Decision

The Deputies took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2009)1062.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2009)20)

Decisions

The Deputies

1. noted that, in pursuance of Resolution (55) 29, the Deputy Secretary General would be acting temporarily as Secretary General of the Council of Europe from 1 September 2009 until the next Secretary General takes up his duties;

2. decided to entrust the chairmanship of the Rapporteur Group on Democracy (GR-DEM) to Ambassador Bruno Gain, Permanent Representative of France;

3. decided to entrust the chairmanship of the Rapporteur Group on Human Rights (GR-H) to Ambassador Petter Wille, Permanent Representative of Norway;

4. decided to entrust the function of Thematic Co-ordinator on Equality between Women and Men (TC-EG) to Ambassador Zurab Tchiaberashvili, Permanent Representative of Georgia;

5. took note of the report of the meeting of the Bureau of 26 June 2009 (document CM/Bur/Del(2009)20) and approved the other recommendations contained therein.

Item 2.1

The Council of Europe and the conflict in Georgia
(CM(2008)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV prov, CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)10, SG/Inf(2009)5 add, SG/Inf(2009)9, CM/AS(2009)Rec1846 prov, DD(2009)371)

Decision

The Deputies agreed to resume consideration of this item at their 1063rd meeting (8 July 2009).

Item 2.1bis

Current political questions

a. Activities for the development and consolidation of democratic stability
- Azerbaijan
- Bosnia and Herzegovina
- Belarus
(GR-DEM(2009)CB7, DSP(2009)7 rev, DPA/Inf(2009)24, DPA/Inf(2009)21 rev)

Decisions

The Deputies

1. took note of the synopsis of the GR-DEM meeting held on 16 June 2009 (document
GR-DEM(2009)CB7);

Concerning Azerbaijan

2. approved the draft co-operation programme between the Council of Europe and this country for the period 2009-2010, as it appears in document DSP(2009)7 rev, invited the member states to consider providing voluntary contributions for its financing and instructed the Secretariat to ensure its implementation and to report back, in due course, to their Rapporteur Group on Democracy (GR-DEM);

Concerning Bosnia and Herzegovina

Referring to the conclusions of the fifteenth monitoring report on Bosnia and Herzegovina’s compliance with obligations and commitments (document DPA/Inf(2009)24):

3. noted with concern the deteriorating political climate in the country and condemned the repeated attempts to challenge the Dayton Agreement, undermining the functioning of the state institutions;

4. noted some progress in fulfilling the commitments and obligations to the Council of Europe, in particular progress with the ratification of the (Revised) European Social Charter and the completion of the appointment procedure of the state Ombudsmen;

5. underlined the importance of bringing the constitution of Bosnia and Herzegovina, as soon as possible, and in any case before the 2010 general elections, in line with the European Convention of Human Rights and urged the political actors to renew the dialogue on constitutional reform without further delay;

6. reiterated their serious concern regarding the increasingly entrenched segregation in the education system of Bosnia and Herzegovina and again urged the authorities to take measures which would contribute to safeguarding the multi-ethnic character of the education system;

7. urged the authorities of Bosnia and Herzegovina to implement the recommendations contained in Chapter VIII of the fifteenth monitoring report, namely to:

• submit as soon as possible suitable candidates to the Council of Europe bodies currently without a member from Bosnia and Herzegovina, such as the Venice Commission, the European Committee for the Prevention of Torture, the European Commission against Racism and Intolerance and the Advisory Committee of the Framework Convention for the Protection of National Minorities;

• continue full co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY), including facilitating the arrest and the handing over of all remaining indictees to the Tribunal;

• implement fully and effectively the justice sector reform strategy, the war crime strategy and the juvenile justice strategy;

• adopt without delay and implement fully and effectively the revised return strategy for the implementation of Annex VII of the Dayton Peace Agreement;

• adopt the anti-discrimination law as soon as possible;

• complete the unification of the institution of the Ombudsman through the adoption of the law on cessation of the Republika Srpska Ombudsman and the transfer of responsibilities to the institution of the state Ombudsman both in the Republika Srpska and in the Federation;

• ratify the European Charter for Regional or Minority Languages;

• complete, as soon as possible, the reform of the public broadcasting system, while preserving the independence of the media supervisory bodies. Take measures which would create a healthy media environment and bring to justice those responsible for attacks on journalists;

• prepare the population and housing census to be carried out in 2011, ensuring that the international census standards are respected and introducing mechanisms of supervision and international monitoring of the census operations, contributing to high public confidence in the census data;

Concerning Belarus

8. approved the proposals for future activities of the Council of Europe, as they appear in document DPA/Inf(2009)21 rev, invited the member states to consider providing voluntary contributions for their financing and instructed the Secretariat to ensure their implementation and to report back, in due course, to their Rapporteur Group on Democracy (GR-DEM);

9. authorised the GR-DEM to hold ad hoc exchanges of views with the representative of Belarus to the Council of Europe when the agenda of the GR-DEM includes issues concerning co-operation with Belarus.

Item 3.1a

Parliamentary Assembly –
3rd part of the 2009 Session (Strasbourg, 22-26 June 2009)

a. Communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2009 Session and other Assembly activities
(SG-AS(2009)06)

Decision

The Deputies took note of the communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2009 Session and other Assembly activities, as it appears in document SG-AS(2009)06.

Item 3.1b

Parliamentary Assembly –
3rd part of the 2009 Session (Strasbourg, 22-26 June 2009)

b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (22 June 2009)
(CM/AS(2009)5, CM/AS(2009)6, AS(2009)CR19)

Decisions

The Deputies

1. took note of the report of Mr Samuel Žbogar, Minister for Foreign Affairs of Slovenia and Chairman of the Committee of Ministers, to the Parliamentary Assembly (document CM/AS(2009)5) and of his statement (document CM/AS(2009)6);

2. took note of the replies given to parliamentary questions by the Chairman of the Committee of Ministers, at the 3rd part of the 2009 Session (22 June 2009) (document AS(2009)CR19).

Item 3.2a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 557 Mr Hancock: “End violence and discrimination on the basis of sexual orientation and gender identity in Turkey”
(CM/Del/Dec(2009)1047/3.2a, CM/AS(2009)Quest557 prov)

Decision

The Deputies adopted the reply to Written Question No. 557 by Mr Hancock: “End violence and discrimination on the basis of sexual orientation and gender identity in Turkey”, as it appears at Appendix 2 to the present volume of Decisions.3

Item H46-1

Cases of unfair proceedings requiring reopening of domestic proceedings –
28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03
72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006
(CM/Inf/DH(2009)5 rev11)

Decision

The Deputies decided to resume consideration of the measures to be taken to execute the Court’s judgments at their 1063rd meeting (8 July 2009).

Item 4.1

Steering Committee for Equality between Women and Men (CDEG) –
Abridged report of the 41st meeting (Strasbourg, 15-17 April 2009)
(CM(2009)81)

Decision

The Deputies took note of the abridged report of the 41st meeting of the Steering Committee for Equality between Women and Men (CDEG), as it appears in document CM(2009)81.

Item 4.2a,b

European Commission against Racism and Intolerance (ECRI)

a. Nomination of a member of ECRI in respect of Ukraine
b. Nomination of a member of ECRI in respect of Croatia
(Resolution Res(2002)8, DG-HL(2009)6, DG-HL(2009)7)

Decision

The Deputies took note of the names and curricula vitae of the persons designated by Ukraine and by Croatia as members of ECRI for a term of office of five years, starting on 1 July 2009, as they appear in documents DG-HL(2009)6 and DG-HL(2009)7.

Item 4.3

“Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine: the Gongadze case as an emblematic example” –
Parliamentary Assembly Recommendation 1856 (2009)
(REC_1856 (2009) and CM/AS(2009)Rec1856 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1856 (2009) on “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine: the Gongadze case as an emblematic example”, as it appears at Appendix 3 to the present volume of Decisions.4

Item 4.4

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –
Election of members of the CPT in respect of Denmark and Hungary
(CM(2009)86, AS/Bur(2009)30, AS/Bur(2009)32)

Decisions

The Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decisions taken at their 784th, 874th, 888th, 930th, 969th and 998th meetings concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention:

1. declared the following candidate re-elected as member of the CPT, with effect from 20 December 2009, for a term of office which will expire on 19 December 2013:

- Mr Jørgen Worsaae RASMUSSEN (in respect of Denmark);

2. declared the following candidate elected as member of the CPT, with effect from 20 December 2009, for a term of office which will expire on 19 December 2013:

      - Ms Anna MOLNÁR (in respect of Hungary);

3. adopted accordingly Resolution CM/ResCPT(2009)2, as it appears at Appendix 4 to the present volume of Decisions.

Item 4.5

Steering Committee for Human Rights (CDDH)

a. Abridged report of the 68th meeting (Strasbourg, 24-27 March 2009)
b. Draft Committee of Ministers’ Declaration on human rights in culturally diverse societies
c. Draft Guidelines on human rights protection in the context of accelerated asylum procedures
(CM(2009)51 and CM(2009)51 add3)

Decisions

The Deputies

1. took note of the CDDH’s opinion on Parliamentary Assembly Recommendation 1809 (2007) and Resolution 1571 (2007) – “Member states’ duty to co-operate with the European Court of Human Rights”, as it appears at Appendix 2 of document CM(2009)51;

2. adopted the Committee of Ministers’ Declaration on human rights in culturally diverse societies, as it appears at Appendix 5 to the present volume of Decisions;

3. adopted the Guidelines on human rights protection in the context of accelerated asylum procedures, as they appear at Appendix 6 to the present volume of Decisions, and took note of the Explanatory Memorandum thereto, as it appears in document CM(2009)51 add3;

4. in the light of decisions 1 to 3 above and of the ones taken at previous meetings, took note of the abridged report of the 68th meeting of the Steering Committee for Human Rights (CDDH) as a whole, as it appears in document CM(2009)51.

Item 4.6

“Council of Europe Commissioner for Human Rights – stock taking and perspectives” –
Parliamentary Assembly Recommendation 1816 (2007)
(REC_1816 (2007) and CM/AS(2009)Rec1816 prov2 (English only))

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1816 (2007) on the “Council of Europe Commissioner for Human Rights – stock taking and perspectives”, as it appears at Appendix 7 to the present volume of Decisions.5

Item 4.7

Proposal to request an advisory opinion from the European Court of Human Rights

Decision

The Deputies, in the light of the comments expressed at the present meeting, instructed their Rapporteur Group on Human Rights (GR-H) to prepare a draft decision to be submitted at the 1063rd meeting of the Ministers’ Deputies (8 July 2009) asking the European Court on Human Rights for an advisory opinion regarding certain aspects of the submission process to the Parliamentary Assembly by the High Contracting Parties of a list of candidates foreseen by Article 22 of the European Convention on Human Rights.

Item 6.1

European Committee on Migration (CDMG)

a. Abridged report of the 57th meeting (Strasbourg, 28-29 May 2009)
b. Draft terms of reference of the Ad hoc Advisory Group on migrants who suffer injury, violence or trauma whilst crossing borders (MG-S-VT)
(CM(2009)99 and CM(2009)99 add)

Decisions

The Deputies

1.  agreed to revise the terms of reference of the Committee of Experts of Roma and Travellers (MG-S-ROM)6 with a view to including the following observers:

- Secretariat of the Decade for Roma Inclusion;
- the Roma Education Fund (REF);
- the Forum of European Roma Young People (FERYP);

2. took note of the updated opinion of the CDMG on the return of Roma to Kosovo7 and to South-East Europe, as it appears in Appendix III to CM(2009)99;

3. took note of the opinions of the CDMG on Congress Recommendations 261 (2009) on “Intercultural cities” and 262 (2009) on “Equality and diversity in local authority employment and service provision”, as they appear in Appendices IV and V to CM(2009)99;

4. took note of the abridged report of the 57th meeting of the European Committee on Migration (CDMG) as a whole, as it appears in document CM(2009)99.

Item 10.1

Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) – Interim report
(CM(2009)84)

Decisions

The Deputies

1. took note of the interim report of the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), as it appears in document CM(2009)84;

2. invited the CAHVIO to continue its work in accordance with the work programme and timetable set out in the interim report and, in particular, to prepare the instruments proposed in the report.

Item 10.2a

The fight against terrorism

a. Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 16th meeting (San Lorenzo de El Escorial, Spain, 15-16 April 2009)
(CM(2009)87)

Decision

The Deputies took note of the abridged report of the 16th meeting of CODEXTER, as it appears in document CM(2009)87, as a whole.

Item 10.2b

The fight against terrorism

b. First Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) (Madrid, 12 May 2009) – Abridged report
(CM(2009)88)

Decisions

The Deputies

1. took note of the abridged report of the first Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism, which took place in Madrid on 12 May 2009, including the Declaration adopted by the Conference, as it appears in document CM(2009)88;

2. instructed the Committee of Experts on Terrorism (CODEXTER) to regularly monitor the effective use and implementation of the Convention on the Prevention of Terrorism (CETS No. 196) between Consultations of the Parties to the Council of Europe Convention on the Prevention of Terrorism.

Item 10.2c

The fight against terrorism

c. CoE-OAS/CICTE Conference on Terrorism and Cyber Security (San Lorenzo de El Escorial, Spain, 16-17 April 2009) – Conclusions
(CM(2009)89)

Decision

The Deputies took note of the conclusions of the CoE-OAS/CICTE Conference on Terrorism and Cyber Security (San Lorenzo de El Escorial, Spain, 16-17 April 2009), as they appear in document CM(2009)89.

Item 11.1

Meeting report of the Budget Committee –
May 2009 Session

(CM(2009)90)

Decisions

The Deputies

1. approved the increase of €435 000 in the budget of the fire safety project in the Palais de l’Europe to be financed through redeployment of appropriations within the 2009 investment programme;

2. took note of the meeting report of the May 2009 session of the Budget Committee, as it appears in document CM(2009)90.

Item 12.1b

Congress of Local and Regional Authorities of the Council of Europe

b. Standing Committee of the Congress (Brdo, Slovenia, 10 June 2009) – Texts adopted
(Compendium of adopted texts)

Decisions

The Deputies

1. took note of Opinion 30 (2009) – “Draft Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional
Co-operation Groupings” and agreed to bear it in mind when considering the draft Protocol at their 106
3rd meeting (8 July 2009);

2. took note of Opinion 31 (2009) – “Code of good practice for civil participation in the decision-making process” and agreed to bear it in mind when considering the draft Code at one of their forthcoming meetings;

Concerning Recommendation 268 (2009) – “New budgetary perspectives”

2. took note of Recommendation 268 (2009);

3. agreed to bring it to the attention of their governments;

4. agreed to bear it in mind during their budgetary discussions for 2010;

Concerning Recommendation 269 (2009) – “Local elections in “the former Yugoslav Republic of Macedonia”
(observed on 22 March 2009)”

5. took note of Recommendation 269 (2009);

6. agreed to bring it to the attention of their governments and in particular of the authorities of “the former Yugoslav Republic of Macedonia”;

7. agreed to transmit it to the relevant bodies of the intergovernmental sector, the European Commission for Democracy through Law (Venice Commission) and the Commissioner for Human Rights for information;

8. agreed to forward it to their Rapporteur Group on Democracy (GR-DEM) for information;

9. adopted the following reply to the texts adopted by the Congress of Local and Regional Authorities of the Council of Europe at its Standing Committee meeting (Brdo, Slovenia, 10 June 2009):

      “The Committee of Ministers has taken note of Opinions 30 and 31 (2009) and Recommendations 268 and 269 (2009) adopted by the Congress of Local and Regional Authorities of the Council of Europe at its Standing Committee meeting (Brdo, Slovenia, 10 June 2009) and has brought Recommendations 268 and 269 (2009) to the attention of the governments of member states and Recommendation 269 (2009), in particular, of the authorities of the state concerned.

      The Committee of Ministers has agreed to bear in mind Recommendation 268 (2009) during its budgetary discussions for 2010. It has forwarded Recommendation 269 (2009) to the competent intergovernmental committees and Council of Europe bodies, as well as to its Rapporteur Group on Democracy (GR-DEM), for information.”

Appendix 1
(Item 1.1)

1062 Meeting of the Ministers' Deputies
(Strasbourg, 1 (10 a.m.) July 2009)


Agenda

1. General questions

1.1 Adoption of the agenda

        (CM/Del/OJ(2009)1062)

1.2 Preparation of forthcoming meetings

1.3 Communication from the Secretary General and the Deputy Secretary General

        (SG/Com(2009)1062)

1.4 Report of the Bureau

        (CM/Bur/Del(2009)20)

1.5 Conferences of Specialised Ministers – State of preparation

        (CM/Inf(2009)36)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

        (CM(2009)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, CM(2009)PV prov,
        CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)5, SG/Inf(2009)5 add, SG/Inf(2009)7, SG/Inf(2009)9, SG/Inf(2009)10, CM/AS(2009)Rec1846 prov and DD(2009)371)
        (CM/Notes/1062/2.1 of 30.6.2009)

2.1bis Current political questions

a. Activities for the development and consolidation of democratic stability
(Item prepared by the GR-DEM on 16.6.2009)

- Azerbaijan
- Bosnia and Herzegovina
- Belarus

        (GR-DEM(2009)CB7, DSP(2009)7 rev, DPA/Inf(2009)21 rev and DPA/Inf(2009)24)
        (CM/Notes/1062/2.1bis of 22.6.2009)

      b. Other questions
      - Statement by the Representative of Albania

2.2 Situation in Cyprus

3. Parliamentary Assembly

3.1 3rd part of the 2009 Session (Strasbourg, 22-26 June 2009)

a. Communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2009 Session and other Assembly activities

b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (22 June 2009)

        (SG/AS(2009)6, CM/AS(2009)5 and CM/AS(2009)6 and AS(2009)CR19)
        (CM/Notes/1062/3.1 of 24.6.2009)

3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

      a. Written Question No. 557 by Mr Hancock: “End violence and discrimination on the basis of sexual orientation and gender identity in Turkey”

        (CM/Del/Dec(2009)1047/3.2abcd and CM/AS(2009)Quest557 prov)
        (CM/Notes/1062/3.2a of 19.6.2009)

4. Human rights

H46-1 Cases of unfair proceedings requiring reopening of domestic proceedings –
28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/2003
72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006

        (CM/Del/Dec(2009)1061/H46-1 and CM/Inf/DH(2009)5 rev11)
        (CM/Notes/1062/H46-1 of 18.6.2009)

4.1 Steering Committee for Equality between Women and Men (CDEG) –
Abridged report of the 41st meeting (Strasbourg, 15-17 April 2009)
(Item prepared by the TC-EG at the meeting of the GR-H on 18.6.2009)

        (CM(2009)81)
        (CM/Notes/1062/4.1 of 19.6.2009)

4.2 European Commission against Racism and Intolerance (ECRI)

      a. Nomination of a member of ECRI in respect of Ukraine

b. Nomination of a member of ECRI in respect of Croatia

      (Item prepared by the GR-H on 18.6.2009)

        (Resolution Res(2002)8, DG-HL(2009)6 and DG-HL(2009)7)
        (CM/Notes/1062/4.2 of 19.6.2009)

4.3 “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine: the Gongadze case as an emblematic example” –
Parliamentary Assembly Recommendation 1856 (2009)
(Item prepared by the GR-H on 18.6.2009)


        (REC_1856 (2009) and CM/AS(2009)Rec1856 prov)
        (CM/Notes/1062/4.3 of 19.6.2009)

4.4 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of members of the CPT in respect of Denmark and Hungary
(Item prepared by the GR-H on 18.6.2009)

        (CM(2009)86, AS/Bur(2009)30 and AS/Bur(2009)32)
        (CM/Notes/1062/4.4 of 19.6.2009)

4.5 Steering Committee for Human Rights (CDDH)

a. Abridged report of the 68th meeting (Strasbourg, 24-27 March 2009)

b. Draft Committee of Ministers’ Declaration on human rights in culturally diverse societies

c. Draft Guidelines on human rights protection in the context of accelerated asylum procedures

(Item prepared by the GR-H on 18.6.2009)

        (CM(2009)51 and CM(2009)51 add3)
        (CM/Notes/1062/4.5 of 19.6.2009)

4.6 "Council of Europe Commissioner for Human Rights – stock taking and perspectives” –
Parliamentary Assembly Recommendation 1816 (2007)
(Item prepared by the GR-H on 18.6.2009)

      (REC_1816 (2007) and CM/AS(2009)Rec1816 prov2 (English only))
      (CM/Notes/1062/4.6 of 19.6.2009)

4.7 Proposal to request an advisory opinion from the European Court of Human Rights

        (CM/Notes/1062/4.7 of 26.6.2009)

6. Social cohesion

6.1 European Committee on Migration (CDMG)

a. Abridged report of the 57th meeting (Strasbourg, 28-29 May 2009)

b. Draft terms of reference of the Ad hoc Advisory Group on migrants who suffer injury, violence or trauma whilst crossing borders (MG-S-VT)

        (CM(2009)99 and CM(2009)99 add)

(Item prepared by the GR-SOC on 30.6.2009)

        (CM/Notes/1062/6.1 of 22.6.2009)

10. Legal questions

10.1 Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) – Interim report
(Item prepared by the GR-J on 9.6.2009)

        (CM(2009)84)
        (CM/Notes/1062/10.1 of 10.6.2009)

10.2 The fight against terrorism

    a. Committee of Experts on Terrorism (CODEXTER) –

Abridged report of the 16th meeting (San Lorenzo de El Escorial, Spain, 15-16 April 2009)
(Item prepared by the GR-J on 9.6.2009)

        (CM(2009)87)
        (CM/Notes/1062/10.2a of 11.6.2009)

b. First Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) (Madrid, 12 May 2009) – Abridged report
(Item prepared by the GR-J on 9.6.2009)

        (CM(2009)88)
        (CM/Notes/1062/10.2b of 11.6.2009)

c. “CoE-OAS/CICTE Conference on Terrorism and Cyber Security” (San Lorenzo de El Escorial, Spain, 16-17 April 2009) – Conclusions
(Item prepared by the GR-J on 9.6.2009)

        (CM(2009)89)
        (CM/Notes/1062/10.2c of 11.6.2009

10.3 Committee of Legal Advisers on Public International Law (CAHDI) –
Exchange of views with the Chair

11. Administration and logistics

11.1 Meeting report of the Budget Committee – May 2009 Session
(Item prepared by the GR-PBA on 16.6.2009)

        (CM(2009)90)
        (CM/Notes/1062/11.1 of 19.6.2009)

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Congress of Local and Regional Authorities of the Council of Europe –
Standing Committee (Brdo, Slovenia, 10 June 2009)


a. Communication by the Secretary General of the Congress


b. Adopted texts

        (Provisional compendium of texts adopted)
        (CM/Notes/1062/12.1 of 19.6.2009)

13. Any other business

Appendix 2
(Item 3.2a)

Reply to Written Question No. 557 by Mr Hancock: “End violence and discrimination on the basis of sexual orientation and gender identity in Turkey”

(Adopted by the Committee of Ministers on 1 July 2009
at the 1062nd meeting of the Ministers’ Deputies)

1. In reply to the Honourable Parliamentarian’s question, the Committee of Ministers recalls that it is strongly attached to the principle of equal rights of all human beings. The Council of Europe’s message of tolerance and non-discrimination applies to all European societies, and discrimination on grounds of sexual orientation or gender identity is not compatible with this message.

2. In a series of judgments, the European Court of Human Rights (the Court) has emphasised that any discrimination based on sexual orientation is contrary to the Convention.8 The Court has also recognised that state parties have a positive obligation to lead effective investigations into any suspicious death or serious allegations of ill-treatment capable of leading to the identification and punishment of those responsible.9 This positive obligation is irrespective of the personal characteristics of the victim, and applies not only to instances where state agents are deemed responsible but also to any serious cases brought to the authorities’ attention. The Committee of Ministers recalls that all member states must observe the Convention when they draw up and apply national law, notably in the light of the case law of the Court.

3. The Committee of Ministers also draws attention to the decisions it took at the 1031st meeting of the Ministers' Deputies (2 July 2008) to strengthen the Council of Europe’s action to protect the rights of LGBT persons. All committees involved in intergovernmental co-operation have been invited, within their terms of reference, to make proposals for specific activities to strengthen, in law and in practice, the equal rights and dignity of LGBT persons and combat discrimination towards them. The Steering Committee for Human Rights (CDDH) has also been asked to prepare a recommendation on measures to combat discrimination on the grounds of sexual orientation or gender identity, ensure respect for the human rights of LGBT persons and promote tolerance towards them. The Committee of Ministers also underlines that a recommendation is currently being prepared within the framework of the CDDH on human rights of members of the armed forces which will, inter alia, reflect the Court’s established case law prohibiting the ban on homosexuals’ access to the military.10

4. Like all member states, Turkey has ratified the European Convention on Human Rights (the Convention) and is committed to guarantee respect for all Convention rights, including freedom of association, to all individuals within its jurisdiction without any discrimination.

Appendix 3
(Item 4.3)

Reply to Recommendation 1856 (2009) of the Parliamentary Assembly
on “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine: the Gongadze case as an emblematic example”

(Adopted by the Committee of Ministers on 1 July 2009,
at the 1062nd meeting of the Ministers’ Deputies)

1. The Committee of Ministers reminds the Parliamentary Assembly that it has been closely supervising the execution of the judgment of the European Court of Human Rights in the Gongadze case since it has become final and refers notably to its Interim Resolution CM/ResDH(2008)35 adopted on 5 June 2008.

2. The Committee of Ministers would like to draw the Parliamentary Assembly’s attention to its most recent decision adopted at the 1051st meeting (DH) of the Ministers' Deputies (March 2009) which reads as follows:

“The Deputies

      1. took note of the information provided by the Ukrainian authorities whereby the recordings and the recording devices had been handed over by Mr Melnychenko to the Ukrainian investigators and foreign specialists in forensic audio analysis;

      2. noted with interest the detailed information concerning the investigative steps envisaged in the framework of the phonoscopic expert examination of the tape recordings and the time frame set for it;

      3. recalled the Ukrainian authorities’ position that the results of a phonoscopic expert examination could be decisive and may give the investigation a new direction;

      4. noted the information provided by the Ukrainian authorities according to which, pending the results of the expert examination, other investigative steps are being taken in order to establish all circumstances surrounding the abduction and murder of the applicant’s husband;

      5. invited the Ukrainian authorities to inform the Committee of Ministers regularly of the progress of the investigation;

      6. decided to resume consideration of this item at the latest at the 1065th meeting (15-16 September 2009) (DH), in the light of information to be provided by the Ukrainian authorities on the progress of the investigation, in particular given the results of the phonoscopic examination, and possibly on the basis of a draft interim resolution.”

3. The Committee of Ministers assures the Parliamentary Assembly that it will continue to follow the case with the greatest attention and confirms its resolve, as with all judgments transmitted to it under Article 46, paragraph 2, of the Convention, to ensure the execution of this judgment by Ukraine.

Appendix 4
(Item 4.4)

Resolution CM/ResCPT(2009)2
Election of members of the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT)

in respect of Denmark and Hungary

(Adopted by the Committee of Ministers on 1 July 2009
at the 1062nd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereafter referred to as “the Convention”),

Having regard to Articles 1 and 4 of the Convention;

Considering that the seats of the members of the CPT elected in respect of Denmark and Hungary will become vacant on 20 December 2009;

Considering that, in the light of the foregoing, it is necessary to elect members of the Committee in respect of these two countries;

Having regard to the lists of names drawn up by the Bureau of the Parliamentary Assembly, in accordance with the provisions of Article 5, paragraph 1, of the Convention, on the basis of proposals from the Representatives of Denmark and Hungary to the Parliamentary Assembly and forwarded to the Chairman of the Committee of Ministers by the Secretary General of the Parliamentary Assembly;

Having regard to the provisions of Article 5, paragraphs 3 and 4, of the Convention;

Having voted by secret ballot,

Declares the following candidate re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2009, for a term of office which will expire on 19 December 2013:

- Mr Jørgen Worsaae RASMUSSEN (in respect of Denmark);

Declares the following candidate elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2009 for a term of office which will expire on 19 December 2013:

- Ms Anna MOLNÁR (in respect of Hungary).

Appendix 5
(Item 4.5)

Declaration by the Committee of Ministers
on human rights in culturally diverse societies

(Adopted by the Committee of Ministers on 1 July 2009
at the 1062nd meeting of the Ministers’ Deputies)

The Committee of Ministers of the Council of Europe,

Noting the existence of culturally diverse societies in Europe and underlining that diversity is a source of enrichment;

Recalling the principle of equal dignity of all human beings from which derives the principle of equal enjoyment of human rights by all members of society;

Reaffirming that all human rights are universal, indivisible, interdependent and interrelated;

Being convinced that the existing international human rights standards provide a solid common basis for social cohesion and the peaceful and harmonious development of societies;

Recalling that pluralism and social cohesion are essential elements for our democratic societies; they are built on the genuine recognition of and respect for diversity and fair treatment for everybody;

Recalling that diversity calls for tolerance and non discrimination, and that it cannot be invoked to justify human rights infringements;

Recognising the importance of intercultural dialogue and taking into account the Council of Europe’s White Paper on Intercultural Dialogue (May 2008);

Underlining that human rights are an essential basis for policies and action of public authorities as well as a common value basis for relations between individuals and between groups in socially inclusive societies;

Underlining that living in a democratic society entails rights and duties for all its members;

Stresses the obligation for member states, as the ultimate guarantors of the principle of pluralism, to secure everyone’s effective enjoyment of human rights, especially those enshrined in the European Convention on Human Rights, and that the respect of this obligation is of particular importance towards those who are more vulnerable to discrimination;

Emphasises that, in order to reconcile respect for different identities with social cohesion and avoid isolation and alienation of certain groups, it is indispensable to regard respect for human rights and fundamental freedoms as a common basis for all: no cultural, religious or other practices or traditions can be invoked to prevent any individual from exercising his or her basic rights or from participating actively in society, nor shall anyone’s rights be unduly restricted on account of their religious or cultural practices;

Calls on opinion leaders, including political leaders, to speak and act resolutely in such a way as to foster a climate of respect through dialogue based on a common understanding of universally recognised human rights, and calls on member states to adopt practical measures to that effect, such as promoting education as a key to dialogue and mutual understanding, and supporting social inclusion, notably with respect to participation in the decision-making process;

Emphasises that the preservation and promotion of a democratic society based on respect for diversity requires resolute action against all forms of discrimination. Racial and xenophobic violence is a particular affront to human dignity, and requires special vigilance and a vigorous reaction from public authorities;

Recalls that the prohibition of discrimination may be accompanied by appropriate measures, such as through action plans, support programmes or any other government action, to ensure the realisation of the human rights of all;

Recalls that freedom of expression, freedom of assembly and association, and freedom of thought, conscience and religion are among the foundations of democratic societies and are instrumental for the pluralism which characterises them. These rights are closely interrelated and equally fundamental in a democratic society;

Draws particular attention to the fact that freedom of expression constitutes one of the essential conditions for the progress of society and for the development of every human being, including in the context of culturally diverse societies. Freedom of expression applies not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the state or any sector of the population. At the same time, the exercise of freedom of expression is not without any duties and responsibilities, and if it involves in particular incitement to hatred and violence, it will not be protected;

Underlines that when freedom of expression, freedom of assembly and association, and freedom of thought, conscience and religion are at stake, states must strive to strike a fair balance between them, while ensuring that any restriction be prescribed by law, necessary in a democratic society and proportionate to a legitimate aim.

Appendix 6
(Item 4.5)

Guidelines on human rights protection
in the context of accelerated asylum procedures

(Adopted by the Committee of Ministers on 1 July 2009
at the 1062nd meeting of the Ministers’ Deputies)

The Committee of Ministers,

Reaffirming that asylum seekers enjoy the guarantees set out in the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) in the same way as any other person within the jurisdiction of states parties, in accordance with Article 1 of the Convention;

Bearing in mind notably Article 14 of the 1948 Universal Declaration of Human Rights and reaffirming the obligation of states, whatever asylum procedure they use, to comply with the international and European standards in this field, such as the right to seek and enjoy asylum;

Recalling the relevant case law of the European Court of Human Rights and the relevant recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the United Nations Committee Against Torture (CAT);

Recalling the importance of full and effective implementation of the 1951 Geneva Convention relating to the Status of Refugees (“Geneva Convention”) and the 1967 New York Protocol to this convention, and the obligations of states under these instruments, in particular Article 33.1 regarding the prohibition of refoulement, according to which “no Contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion”;

Recalling Resolution No. 1 on access to justice for migrants and asylum seekers adopted at the 28th Conference of the European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007);

Recalling recommendations adopted by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe in the field of asylum procedures, notably:

– Recommendation No. R (97) 22 of the Committee of Ministers containing guidelines on the application of the safe third country concept;
– Recommendation No. R (98) 13 of the Committee of Ministers on the right of rejected asylum seekers to an effective remedy against decisions on expulsion in the context of Article 3 of the European Convention on Human Rights;
– Recommendation Rec(2003)5 of the Committee of Ministers on measures of detention of asylum seekers; and
– Recommendation 1327 (1997) of the Parliamentary Assembly on the “Protection and reinforcement of the human rights of refugees and asylum seekers in Europe”;

Referring specifically to:

– Parliamentary Assembly Resolution 1471 (2005) on “Accelerated asylum procedures in Council of Europe member states”;
– Parliamentary Assembly Recommendation 1727 (2005) on “Accelerated asylum procedures in Council of Europe member states”; and the related report by the Committee on Migration, Refugees and Population of the Parliamentary Assembly of the Council of Europe (Doc. 10655);

Recalling European Union legislation, particularly:

– Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers;
– Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status;
– Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted; and
– Council Regulation No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third country national (“Dublin Regulation”).

1. Adopts the attached guidelines and invites member states to ensure that they are widely disseminated amongst all national authorities involved in the implementation of the various stages of accelerated procedures, including those responsible for the return of aliens;

2. Notes that none of the guidelines imply any new obligations for Council of Europe member states.11

I. Definition and scope

1. An accelerated asylum procedure is one that derogates from normally applicable procedural time scales and/or procedural guarantees with a view to expediting decision making.

2. Procedures whereby a state may declare an application inadmissible without considering the merits of the claim also fall mutatis mutandis within the scope of the guidelines.

II. Principles

1. States should only apply accelerated asylum procedures in clearly defined circumstances and in compliance with national law and their international obligations.

2. Asylum seekers have the right to an individual and fair examination of their applications by the competent authorities.

3. When procedures as defined in Guideline I are applied, the state concerned is required to ensure that the principle of non-refoulement is effectively respected.

III. Vulnerable persons and complex cases

1. The vulnerability of certain categories of persons such as unaccompanied and/or separated minors/children, victims of torture, sexual violence or human trafficking and persons with mental and/or physical disabilities should be duly taken into account when deciding whether to apply accelerated asylum procedures. In the case of children, their best interests are paramount.

2. International human rights obligations as regards the rights of specific vulnerable groups shall be duly taken into account when applying accelerated asylum procedures and in the manner of application.

3. When it becomes apparent that a case is particularly complex and that this complexity falls to be addressed by the state where the application was lodged, it should be excluded from the accelerated procedure.

IV. Procedural guarantees

1. When accelerated asylum procedures are applied, asylum seekers should enjoy the following minimum procedural guarantees:

a. the right to lodge an asylum application with state authorities, including but not limited to, at borders or in detention;

b. the right to be registered as asylum seekers in any location within the territory of the state designated for this purpose by the competent authorities;

c. the right to be informed explicitly and without delay, in a language which he/she understands, of the different stages of the procedure being applied to him/her, of his/her rights and duties as well as remedies available to him/her;

d. the right, as a rule, to an individual interview in a language which he/she understands where the merits of the claim are being considered and, in cases referred to in Guideline I.2, the right to be heard on the grounds of admissibility;

e. the right to submit documents and other evidence in support of the claim and to provide an explanation for absence of documentation, if applicable;

f. the right to access legal advice and assistance, it being understood that legal aid should be provided according to national law;

g. the right to receive a reasoned decision in writing on the outcome of the proceedings.

2. Authorities shall take action to ensure that a representative of the interests of a separated or unaccompanied minor is appointed throughout the whole proceedings.

3. Authorities shall respect the confidentiality of all aspects of an asylum application, including the fact that the asylum seeker has made such an application, in as much as it may jeopardise protection of the asylum seeker or the liberty and security of his/her family members still living in the country of origin. Information on the asylum application as such which may thus jeopardise protection shall not be disclosed to the country of origin.

V. The safe country of origin concept

1. The examination of the merits of the asylum application shall be based on the asylum seeker’s individual situation and not solely on general analysis and evaluation of a given country.

2. The fact that the asylum seeker comes from a safe country of origin shall be only one element among others to be taken into account in reaching a decision on the merits of the claim.

3. The safe country of origin concept shall be used with due diligence, in accordance with sufficiently specific criteria for considering a country of origin as safe. Up-to-date information is needed from a variety of reliable and objective sources, which should be analysed.

4. All asylum seekers shall be given an effective opportunity to rebut the presumption of safety of their country of origin.

VI. The safe third country concept

1. The following criteria must be satisfied when applying the safe third country concept:

a. the third country has ratified and implemented the Geneva Convention and the 1967 Protocol relating to the Status of Refugees or equivalent legal standards and other relevant international treaties in the human rights field;

b. the principle of non-refoulement is effectively respected;

c. the asylum seeker concerned has access, in law and in practice, to a full and fair asylum procedure in the third country with a view to determining his/her need for international protection; and

d. the third country will admit the asylum seeker.

2. All asylum seekers shall be given an effective opportunity to rebut the presumption of safety of the third country.

3. Application of the safe third country concept does not relieve a state of its obligations under Article 3 of the European Convention on Human Rights prohibiting torture and inhuman or degrading treatment or punishment.

VII. Non-refoulement and return

1. The state receiving an asylum application is required to ensure that return of the asylum seeker to his/her country of origin or any other country will not expose him/her to a real risk of the death penalty, torture or inhuman or degrading treatment or punishment, persecution, or serious violation of other fundamental rights which would, under international or national law, justify granting protection.

2. In all cases, the return must be enforced with respect for the integrity and human dignity of the person concerned, excluding any torture or inhuman or degrading treatment or punishment.

3. Collective expulsion of aliens is prohibited.

VIII. Quality of the decision-making process

1. Throughout the proceedings, decisions should be taken with due diligence.

2. Officials responsible for examining and taking decisions on asylum applications should receive appropriate training, including on applicable international standards. They should also have access to the requisite information and research sources to carry out their task, taking into account the cultural background, ethnicity, gender and age of the persons concerned and the situation of vulnerable persons.

3. Where the assistance of an interpreter is necessary, states should ensure that interpretation is provided to the standards necessary to guarantee the quality of the decision making.

IX. Time for submitting and considering asylum applications

1. Asylum seekers shall have a reasonable time to lodge their application.

2. The time taken for considering an application shall be sufficient to allow a full and fair examination, with due respect to the minimum procedural guarantees to be afforded to the applicant.

3. The time should not however be so lengthy as to undermine the expediency of the accelerated procedure, in particular when an asylum seeker is detained.

X. Right to effective and suspensive remedies

1. Asylum seekers whose applications are rejected shall have the right to have the decision reviewed by a means constituting an effective remedy.

2. Where asylum seekers submit an arguable claim that the execution of a removal decision could lead to a real risk of persecution or the death penalty, torture or inhuman or degrading treatment or punishment, the remedy against the removal decision shall have suspensive effect.

XI. Detention

1. Detention of asylum seekers should be the exception.

2. Children, including unaccompanied minors, should, as a rule, not be placed in detention. In those exceptional cases where children are detained, they should be provided with special supervision and assistance.

3. In those cases where other vulnerable persons are detained they should be provided with adequate assistance and support.

4. Asylum seekers may only be deprived of their liberty if this is in accordance with a procedure prescribed by law and if, after a careful examination of the necessity of deprivation of liberty in each individual case, the authorities of the state in which the asylum application is lodged have concluded that the presence of the asylum seekers for the purpose of carrying out the accelerated procedure cannot be ensured as effectively by another, less coercive measure.

5. Detained asylum seekers shall be informed promptly, in a language which they understand, of the legal and factual reasons for their detention, and the available remedies. They should be given the immediate possibility of contacting a person of their own choice to inform him/her about their situation, as well as availing themselves of the services of a lawyer and a doctor.

6. Detained asylum seekers shall have ready access to an effective remedy against the decision to detain them, including legal assistance.

7. Detained asylum seekers should normally be accommodated within the shortest possible time in facilities specifically designated for that purpose, offering material conditions and a regime appropriate to their legal and factual situation and staffed by suitably qualified personnel. Detained families should be provided with separate accommodation guaranteeing adequate privacy.

XII. Social and medical assistance

Asylum seekers shall be provided with necessary social and medical assistance, including emergency treatment.

XIII. Protection of private and family life

Asylum seekers and their family members within the state’s jurisdiction are entitled to respect for their private and family life at all stages of the accelerated asylum procedure in accordance with Article 8 of the European Convention on Human Rights. Whenever possible, family unity should be guaranteed.

XIV. Role of the United Nations High Commissioner for Refugees (UNHCR)

Even when accelerated asylum procedures are applied, member states shall allow the UNHCR to:

a. have access to asylum seekers, including those in detention and border zones such as airport or port transit zones;

b. have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, as well as to person-specific information, provided that the asylum seeker agrees thereto;

c. present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure.

XV. Increased protection

Nothing in these guidelines should restrain the states from adopting more favourable measures and treatment than described in these guidelines.

Appendix 7
(Item 4.6)

Reply to Parliamentary Assembly Recommendation 1816 (2007) on the
“Council of Europe Commissioner for Human Rights – stock taking and perspectives”

(Adopted by the Committee of Ministers on 1 July 2009
at the 1062nd meeting of the Ministers’ Deputies)

1. The Committee of Ministers has examined the Parliamentary Assembly’s Recommendation 1816 (2007) and Resolution 1581 (2007) and welcomes the Assembly’s desire to support and develop the role of the Commissioner for Human Rights.

2. In this, the year of the tenth anniversary of the institution of the Commissioner, the Committee of Ministers’ assessment of the Commissioner’s contribution to the effectiveness of the Council of Europe as a whole is unambiguously positive. The institution has matured rapidly and assumed an authoritative and recognised role in the promotion and defence of human rights. The Committee seizes the opportunity presented by this reply to pay tribute to the two architects of this role: the first Commissioner, Álvaro Gil-Robles, who laid the foundations, and his successor Thomas Hammarberg, who has continued to develop the edifice, adapting it to new needs and expectations.

3. The Committee of Ministers recalls in this connection that in the Declaration of Madrid adopted at its 119th Session on 12 May 2009, in paragraph 4 it declared that the Commissioner “carries out his mandate in an outstanding way through action in the field and sustained dialogue with member states. The Commissioner’s activity has become fundamental, including in times of crisis. We shall continue to lend him our active support …”.

4. In the light of this assessment, the Committee responds to the specific observations formulated by the Assembly as follows:

- as regards the Assembly’s injunction to respect the Commissioner’s independence at all levels (1.1), the Committee wishes to assure the Assembly that it is strongly attached to the notion of independence as an important means of maintaining the Commissioner’s effectiveness in the exercise of his role;

- as regards the allocation of funds (1.2), the Committee notes that new lines of action and new expectations are making calls on the resources available to the Commissioner, particularly as he has completed the cycle of country assessment visits and intends henceforth to make his activities more targeted and more proactive. Recalling that, as a result of the progressive implementation of Chapter V of the Warsaw Action Plan, the Commissioner’s budget has increased, the Committee expresses its determination to be highly attentive to the future needs of the Commissioner, keeping in mind both the ongoing contribution and the new expectations mentioned above;

- as regards the Annual Tripartite Meeting (1.3), informal but substantive contacts were held in 2008 between the Chair of the Ministers’ Deputies, the Commissioner and the Rapporteur of the Assembly’s Sub-Committee on Human Rights. Participants discussed the possible role of tripartite meetings, the contribution that each party should bring to them and the necessary limitations on such contributions, and the expected benefits of such tripartite consultation. The matter will be taken up again;

- having regard to the need for support for national human rights structures (1.4), this is an important element in the Council of Europe’s policy on the promotion and protection of human rights in member states, and one in which the Commissioner himself plays a leading role, in the context both of his visits and of annual round tables. Since the inception of his Office, the Commissioner has increasingly become the centre of a continental network of national human rights institutions and the Committee has yet to be convinced that the synergies thus created would be improved by the adoption of a normative text.

+ There were no decisions under this item.

+ There were no decisions under this item.

3 See also document CM/AS(2009)Quest557 final.

4 See also document CM/AS(2009)Rec1856 final.

5 See also document CM/AS(2009)Rec1816 final.

6 CM/Del/Dec(2008)1032/6.3/appendix11.

7 All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

8 Among other authorities, Salgueiro da Silva Mouta v. Portugal, judgment 21 December 2001; L. and V. v. Austria, judgment of 9 January 2003; Karner v. Austria, judgment of 24 July 2003; B.B. v. United Kingdom, judgment of 10 February 2004.

9 See for instance, M.C. v. Bulgaria, judgment of 4 December 2003 (paragraph 151) on Article 3 and Yasa v. Turkey, 2 September 1998, (paragraph 100).

10 See for instance, ; Lustig-Prean and Beckett v. United Kingdom, judgment of 27 September 1999.

11 When the guidelines make use of the verb “shall” this indicates only that the obligatory character of the norms corresponds to already existing obligations of member states. In certain cases however, the guidelines go beyond the simple reiteration of existing binding norms. This is indicated by the use of the verb “should” to indicate where the guidelines constitute recommendations addressed to the member states.


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