782cmnotes3_1






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    Ministers’ Deputies
    Notes on the Agenda

    CM/Notes/782/3.1 1 February 2002
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    782 Meeting, 6 February 2002
    3 Parliamentary Assembly


    3.1 1st Part of the 2002 Session

    (Strasbourg, 21-25 January 2002)
    Texts adopted


    Reference documents

    CM/Del/Dec(2002)781/3.1

    2002 Session (Provisional compendium of texts adopted)

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      Action
      The Deputies are invited to examine the texts adopted by the Parliamentary Assembly at the 1st part of its 2002 Session (21-25 January 2002), with a view to adopting the appended draft decisions. The adopted texts are published in the provisional compendium of texts adopted (without a reference number).


    Following the adoption by the Parliamentary Assembly, on the occasion of its 1st part-session in 2002 (21-25 January 2002), of the texts reproduced in the Provisional Compendium of adopted texts, the Deputies are invited to take a series of decisions on the action to be taken on these texts.

    It is recalled that one of the texts referred to in the preliminary discussion which took place at the 781st meeting (30 January 2002, 3.1b) was Recommendation 1546 (2002) on Implementation of decisions of the European Court of Human Rights. The draft reply set out in decision 13, below, takes account of the letter addressed by the Chairman of the Deputies on 23 January 2002 to the President of the Parliamentary Assembly, in the following terms:

    “… In this recommendation the Assembly, among other things, expresses its regret that “one year later, the Committee of Ministers has still not replied to the recommendation [1477 (2000)]”.

    I should like to draw your attention to the fact that the Ministers’ Deputies adopted a reply to the recommendation in question on 9 January 2002, at their 779th meeting and conveyed it to the Assembly under cover of a note the following day. The reply was referred to in my Minister’s report on the Committee of Ministers’ activities (CM/AS(2002)2).

    The Deputies in fact made a priority of adopting this text before the Assembly’s part-Session in order if possible to make a contribution to the debate; you will note that the reply welcomes the Assembly’s commitment to the matter and proposes the establishment of an ongoing dialogue.

    I very much look forward to this dialogue.”

    These decisions comprise terms of reference for the competent committees of experts and/or Rapporteur Groups.

      Financing assured: YES

    DRAFT DECISIONS

    782nd meeting – 6 February 2002

    Item 3.1

    Parliamentary Assembly
    1st Part of the 2002 Session (Strasbourg, 21-25 January 2002)
    Texts adopted

    (CM/Del/Dec(2002)781/3.1, 2002 Session (Provisional compendium of texts adopted))

    Decisions

    The Deputies

    concerning Opinion No. 233 (2002) on Draft Protocol No. 13 to the European Convention on Human Rights concerning the abolition of the death penalty in all circumstances

    1. took note of this opinion;

    2. transmitted it to their Rapporteur Group on Human Rights (GR-H), with a view to their future discussion at their 784th meeting (21 February 2002, item 4.5) at which they are due to examine the question of the adoption of this Protocol and its opening for signature;

    concerning Opinion No. 234 (2002) on Bosnia and Herzegovina’s application for membership of the Council of Europe

    3. took note of this opinion;

    4. recalled that relevant decisions had been taken at their 781st meeting (30 January 2002, item 3.1b);

    concerning Recommendation 1545 (2002) on the Campaign against trafficking in women

    5. decided to bring it to the attention of their governments;

    6. adopted Decision No. CM/…/… assigning ad hoc terms of reference to the Steering Committee for Equality between Women and Men (CDEG), as they appear in Appendix .. to the present volume of Decisions [see Appendix I to the present Notes on the Agenda];

    7. adopted Decision No. CM/…/… assigning ad hoc terms of reference to the European Committee on Crime Problems (CDPC), as they appear in Appendix .. to the present volume of Decisions [see Appendix II to the present Notes on the Agenda];

    8. communicated it to the European Committee for Social Cohesion (CDCS) and its Forum for families and children, for information;

    9. communicated it to the Education Committee (CC-ED) for information;

    10. decided to communicate it to the Council of Europe Human Rights Commissioner;

    11. invited their Rapporteur on Equality between Woman and Men (RAP-EG) to prepare a reply for consideration at one of their forthcoming meetings;

    concerning Recommendation 1546 (2002) on Implementation of decisions of the European Court of Human Rights

    12. decided to bring it to the attention of their governments;

    13. adopted the following reply:

    “The Committee of Ministers has examined Assembly Recommendation 1546 (2002) on the implementation of decisions of the European Court of Human Rights. This examination gives rise to the following observations on the part of the Committee of Ministers:

    In paragraph 3 of the Recommendation, the Assembly, referring to Recommendation 1477, expresses its regret that “one year later, the Committee of Ministers has still not replied to the recommendation”. The Committee of Ministers draws the Assembly’s attention to the fact that its reply to the recommendation in question was adopted by the Ministers’ Deputies on 9 January 2002 and conveyed the following day to the Assembly.

    This being the case, the Committee also refers the Assembly to its reply to Recommendation 1477 and the appended opinion of the CDDH with regard to the recommendations reiterated in Recommendation 1546.

    The Committee of Ministers is pursuing its examination of these questions in the light, among other things, of the Assembly’s proposals, the relevant opinions of the CDDH and the recommendations of its Reflection Group and the Evaluation Group.

    Lastly, the Committee of Ministers draws the Assembly’s attention to the final paragraph of its reply to Recommendation 1477 (2000), which reads as follows:

    “Considering the Assembly’s commitment to assist in the search for solutions, the Committee will keep the Assembly informed of significant developments in this area, as emphasised in the Declaration of 8 November 2001. It proposes that this be done in the context of an ongoing dialogue between their appropriate subordinate bodies, such as the Committee’s Rapporteur Group on Human Rights (GR-H) and the Assembly’s Committee on Legal Affairs and Human Rights.””

    concerning Recommendation 1547 (2002) on Expulsion procedures in conformity with human rights and enforced with respect for safety and dignity

    14. decided to bring it to the attention of their governments;

    15. decided to communicate it to the Council of Europe Human Rights Commissioner;

    16. adopted Decision No. CM/…/… assigning ad hoc terms of reference to the Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR), as they appear in Appendix .. of the present volume of Decisions [see Appendix III to the present Notes on the Agenda];

    17. adopted Decisions No. CM/…/… assigning ad hoc terms of reference to the Steering Committee for Human Rights (CDDH), as they appear in Appendix .. of the present volume of Decisions [see Appendix IV to the present Notes on the Agenda];

    18. invited the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to express its opinion on the issues raised in it;

    19. invited their Rapporteur Group on Human Rights (GR-H) to prepare a draft reply with a view to its adoption at one of their forthcoming meetings;

    concerning Recommendation 1548 (2002) on Conflict in the Chechen Republic

    20. decided to bring it to the attention of their Governments;

    21. instructed the Secretariat to prepare a draft reply with a view to its adoption at one of their forthcoming meetings;

    concerning Recommendation 1549 (2002) on Air transport and terrorism: how to enhance security?

    22. decided to bring it to the attention of their Governments;

    23. decided to bring it to the attention of IATA (International Air Transport Association), ECAC (European Civil Aviation Conference) and ICAO (International Civil Aviation Organisation);

    24. instructed the Multidisciplinary Group on International Action against Terrorism (GMT) to take account of this Recommendation at its next plenary session;

    25. instructed the Secretariat to prepare a draft reply with a view to its adoption at one of their forthcoming meetings;

    concerning Recommendation 1550 (2002) on Combating terrorism and respect for human rights

    26. decided to bring it to the attention of their Governments;

    27. adopted Decision No. CM/…/… assigning ad hoc terms of reference to the Multidisciplinary Group on International Action against Terrorism (GMT) as it appears at Appendix … to the present volume of Decisions [see Appendix V to the present Notes on the Agenda];

    28. adopted Decision No. CM/…/… assigning ad hoc terms of reference to the Steering Committee for Human Rights (CDDH), as it appears at Appendix … to the present volume of Decisions [see Appendix VI to the present Notes on the Agenda];

    29. instructed the Secretariat to prepare a draft reply with a view to its adoption at one of their forthcoming meetings;

    *
    * *

    30. took note of the following Resolutions:

    Resolution 1267 (2002) on Situation in Cyprus

    Resolution 1268 (2002) on Implementation of decisions of the European Court of Human Rights

    Resolution 1269 (2002) on Managing globalisation: the role of the World Trade Organisation in the world economy

    Resolution 1270 (2002) on Conflict in the Chechen Republic

    Resolution 1271 (2002) on Combating terrorism and respect for human rights

    Resolution 1272 (2002) on Political prisoners in Azerbaijan

    Resolution 1273 (2002) on Scientific communication

    *
    * *

    31. took note of the following Order:

    Order No. 579 (2002) on Expulsion procedures in conformity with human rights and enforced with respect for safety and dignity

    *
    * *

    32. adopted the following reply to the texts adopted by the Parliamentary Assembly at the 1st part of the 2002 Session (21-25 January 2002):

    “The Committee of Ministers took note of the Opinions 233 and 234, Recommendations 1545 to 1550, Resolutions 1267 to 1273 and Order 579 adopted by the Parliamentary Assembly at its 1st part-session in 2002 (21-25 January 2002).

    The Committee of Ministers entrusted Opinions No. 233 and 234 (2002) to the competent rapporteur groups. It brought Recommendations 1545 to 1550 (2002) to the attention of the governments of member states. It adopted a reply to Recommendation 1546 (2002) and entrusted Recommendations 1545, 1547, 1549 and 1550 (2002) to the competent organs, committees of experts and/or Rapporteur Groups for information, opinion or examination. It held a preliminary exchange of views on Recommendations 1548 and …. (2002) and will continue examining these texts with a view to the early adoption of replies”.

    Appendix I
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    Steering Committee for Equality between Women and Men (CDEG)

    2. Source:

    Committee of Ministers

    3. Completion date:

    30 June 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1545 (2001) on the Campaign against trafficking in women.

    5. Committee(s) informed of the terms of reference for information:

    -

    Appendix II
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    European Committee on Crime Problems (CDPC)

    2. Source:

    Committee of Ministers

    3. Completion date:

    30 September 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1545 (2002) on the Campaign against trafficking in women.

    5. Committee(s) informed of the terms of reference for information:

    -

    Appendix III
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR)

    2. Source:

    Committee of Ministers

    3. Completion date:

    30 June 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1547 (2002) on Expulsion procedures in conformity with human rights and enforced with respect for safety and dignity.

    5. Committee(s) informed of the terms of reference for information:

    -

    Appendix IV
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    Steering Committee for Human Rights (CDDH)

    2. Source:

    Committee of Ministers

    3. Completion date:

    31 December 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1547 (2002) on Expulsion procedures in conformity with human rights and enforced with respect for safety and dignity.

    5. Committee(s) informed of the terms of reference for information:

    -

    Appendix V
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    Multidisciplinary Group on International Action against Terrorism (GMT)

    2. Source:

    Committee of Ministers

    3. Completion date:

    31 May 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1550 (2002) on Combating terrorism and respect for human rights.

    5. Committee(s) informed of the terms of reference for information:

    -

    Appendix VI
    (item 3.1)

    Decision no. CM/…/…

    Ad hoc terms of reference

    1. Name of Committee:

    Steering Committee for Human Rights (CDDH)

    2. Source:

    Committee of Ministers

    3. Completion date:

    31 May 2002

    4. Terms of Reference:

    To give an opinion on Parliamentary Assembly Recommendation 1550 (2002) on Combating terrorism and respect for human rights.

    5. Committee(s) informed of the terms of reference for information:

    -



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