1107th meeting – 2 March 2011

Item 10.1

30th Council of Europe Conference of Ministers of Justice (Istanbul, 24-26 November 2010) –

Report of the Secretary General

(CM(2011)18)

Decisions

The Deputies, without prejudice to decisions to be taken on the Council of Europe Programme and Budget for 2012-2013,

a. Concerning Resolution No. 1 on a modern, transparent and efficient justice

1. transmitted the resolution to the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the Convention Committee on Cybercrime (T-CY) and the European Commission for the Efficiency of Justice (CEPEJ), for them to bear it in mind in their future work;

2. entrusted the CDCJ, in co-operation with other competent bodies of the Council of Europe, to provide guidance to member states in the modernisation of their justice systems and to revise in particular the Committee of Ministers’ recommendations:

- Rec(95)11 on “The selection, processing, presentation and archiving of court decisions in legal information retrieval systems”;

- Rec(2001)2 “Concerning the design and re-design of court systems and legal information systems in a cost-effective manner”;

- Rec(2001)3 on “The delivery of court and other legal services to the citizen through the use of new technologies”;

- Rec(2003)14 on “The interoperability of information systems in the justice sector”; and

- Rec(2003)15 on “Archiving of electronic documents in the legal sector”;

3. entrusted the CDPC to examine how the use of information and communication technologies (“ICTs”) can make judicial co-operation in criminal matters more effective;

4. entrusted the CDPC to examine issues arising from the use of ICTs, in particular the competence of law enforcement authorities to investigate and prosecute crimes beyond national jurisdiction, in co-operation with the T-CY, while expressing their support for the ongoing work of the latter Committee on a possible standard-setting text on the use of transborder investigative measures, including transborder access to data and data flows;

5. entrusted the Secretary General to consider the feasibility of implementing a Digital Legal Information Library and a Platform for the Exchange of Information on ICT projects in member states and to report back to the Committee of Ministers;

6. entrusted the CEPEJ to build on the work of its SATURN centre, further developing its capacity to acquire better knowledge of the time required for judicial proceedings in the member states, with a view to developing tools to enable the member states to better meet their obligations under Article 6 of the European Convention on Human Rights regarding the right to a fair trial within a reasonable time;

b. Concerning Resolution No. 2 on prison policy in today’s Europe

7. transmitted the resolution to the European Committee on Crime Problems (CDPC), the Steering Committee for Human Rights (CDDH) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for them to bear it in mind in their future work;

8. entrusted the CDPC, in co-operation with the CDDH and the CPT, to:

a) evaluate the measures taken by member states to follow the European Prison Rules, the European Rules for juvenile offenders subject to sanctions and measures, the Council of Europe Probation Rules and the other relevant Council of Europe standards in the area;

b) take stock of problems faced by prison administrations, more particularly prison overcrowding, remand in custody, treatment of foreign nationals in prison, as well as other topics which may require additional guidance through standard-setting;

c) consider, in the light of the outcome of such an assessment and stocktaking, the necessity to reinforce the legal framework in this field, including the feasibility and advisability of a legally binding instrument regulating certain aspects of detention conditions, prison management and the treatment of prisoners, or undertaking other measures to achieve this aim, including the identification and dissemination of best practices;

9. invited member states to continue to provide accurate and timely data and to support by all means Council of Europe Annual Penal Statistics (SPACE) as a valuable tool in guiding the member states’ penal policies;

10. entrusted the CDPC, in the light of the conclusions of the 15th Conference of Directors of Prison Administration (CDAP) (Edinburgh, 9-11 September 2009), to consider ways of involving judges, prosecutors, prison and probation services, in a joint discussion concerning imprisonment, as well as community sanctions and measures, with a view to avoiding prison overcrowding and improving social reintegration of offenders whilst protecting public safety;

11. urged the CPT to pursue its monitoring activity with a view to strengthening the protection of persons deprived of their liberty, thereby contributing to any further standard-setting work in this field and assisting member states in implementing such standards;

c. Concerning Resolution No. 3 on data protection and privacy in the third millennium

12. supported the modernisation of ETS No. 108 in order to find appropriate solutions to the new challenges posed by technology and globalisation of information to guarantee effective protection of human rights and fundamental freedoms as well as the exercise of these rights, in particular the right to respect for private and family life while processing personal data, and the enforcement of basic data protection principles, in particular to resolve issues of transparency, data security breaches, jurisdiction, applicable law and liability arising from the use of ICTs;

13. encouraged the observer states to the Council of Europe, other interested non-member states, the European Union, international organisations, NGOs and the private sector to participate actively in this process;

14. urged the Council of Europe member states that have not yet ratified ETS No. 108 and/or its additional Protocol to do so as expeditiously as possible;

15. encouraged other states having data protection legislation in compliance with ETS No. 108 and its additional Protocol to accede to these instruments;

16. agreed to take account of Resolution No. 3 on data protection and privacy in the third millennium when examining proposals for Priorities for 2012 and 2013;

d. Concerning Resolution No. 4

17. took note of this resolution and, in particular, of the invitation of the Austrian authorities to host the 31st conference in Austria in 2012;

* * *

18. taking into account the decisions above, took note of the Secretary General’s report, as it appears in document CM(2011)18, as a whole.



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