Ministers' Deputies
    Notes on the Agenda

    CM/Notes/902/2.3 26 October 2004
    ———————————————

    902 Meeting, 3 November 2004
    2 Political questions


    2.3 Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism

    b. Implementation of the activities of the Council of Europe against terrorism

    c. Committee of Experts on Terrorism (CODEXTER) – Abridged report of the 4th meeting (Strasbourg, 18-20 October 2004)

    Reference documents
    CM(2004)138 and Addendum, CM/Del/Dec(2004)895/2.4, 896/2.5, 898/2.3 and 899/2.3, CM/Inf(2004)30 revised, Rec_1677 (2004) and Res_1400(2004), CM(2004)180, CM(2004)187

    ———————————————

    Action

    b. To resume consideration of this item with a view to examining how to prioritise the Council of Europe action in this field.

    c. To take note of the abridged report of the 4th meeting of the Committee of Experts on Terrorism (CODEXTER) as a whole (document CM(2004)187).

    b. Implementation of the activities of the Council of Europe against terrorism

    1. It is recalled that at their 899th and 900th meetings (13 October and 20 October 2004, item 2.3), the Deputies examined the Secretary General's contribution to the ongoing discussions in the Deputies on action against terrorism (document CM(2004)180). They also took account of the proposals made by the Parliamentary Assembly in Recommendation 1677 (2004) and Resolution 1400(2004) on the Challenge of terrorism in Council of Europe member states. At the latter meeting, the Deputies also had an exchange of views with Ms Kabelka, the Chair of CODEXTER. They agreed to resume consideration of this item at their 902nd meeting.

    2. The Deputies are invited to resume consideration of this item in the light of the above-mentioned texts, with a view to examining how to prioritise the Council of Europe action in this field. Taking into account the proposals made in the Secretary General's document for priorities in the immediate term and for a medium-term strategy, the Deputies may wish to consider the following action with priority:

    Priorities in the immediate term

    (i) Fixing firm deadlines for CODEXTER and for other bodies currently working on legal instruments and political texts of relevance for the fight against terrorism (see CM(2004)180, paragraph 18), this could be:

    a. to instruct CODEXTER, in the light of its terms of reference, to finalise, before the end of March 2005, the draft specific legal instrument for the prevention of terrorism (including on incitement to terrorism/“apologie du terrorisme”, recruitment and training of terrorists, liability of legal persons, sanctions and measures, duty to investigate, international cooperation, follow-up);

    b. to instruct CODEXTER also to make proposals for future activities in the legal field in response to the challenge of terrorism;

    c. to instruct the European Committee on Crime Problems (CDPC) to prepare relevant instruments on protection of witnesses and collaborators of justice, special investigation techniques and terrorist funding, before the end of March 2005;

    d. to instruct CODEXTER1 to prepare a relevant instrument on identity documents and terrorism, before the end of March 2005;

    In light of the above and with a view to speeding up the work in this area, the Secretariat, in consultation respectively with the members of the Bureau of the CDCJ and with the members of the CDPC, has submitted draft specific terms of reference for a Group of Specialists on Identity Documents and Terrorism (CJ-S-IT2) (Appendix II) and for a Group of Specialist on Assistance to Victims and Prevention of Repeat Victimisation (PC-S-AV) (Appendix III) for adoption, which were considered by the Deputies at their 900thmeeting (20 October 2004).

    It is recalled that at their meeting, the Secretariat proposed to leave the reference to the CDPC and the CDCJ in the draft specific terms of reference, while adding that the work should be carried out in close co-operation with the CODEXTER.

    On 22 October 2004, the Spanish delegation confirmed in writing the proposals it had announced during the 900th meeting for amending these draft specific terms of reference (see Appendix IV).

    The Secretary General has carefully considered these proposals and, in turn, proposes the following:

    - concerning the draft specific terms of reference for the CJ-S-IT, to follow the Spanish suggestions (see revised draft specific terms of reference in Appendix II, changes are highlighted)

    - concerning the draft specific terms of reference for the PC-S-AV, to follow a two-fold approach: firstly, to give priority, in terms of time and content, to assistance to the victims of terrorism, on which the PC-S-AV will report directly to the CODEXTER by 31 March 2005, and only subsequently, to concentrate on the wider considerations of assistance to victims, on which it will report to the CDPC, as originally foreseen. The Secretary General therefore proposes the adoption of the draft terms of reference as they appear in Appendix III and includes a specific decision of the Deputies in the sense mentioned above.

    e. to instruct the Steering Committee on Human Rights (CDDH) to complete its work on the draft Guidelines on the protection of victims of terrorist acts by the end of 2004;

    f. to instruct the Steering Committee on Mass Media (CDMM) to finalise the text of the draft Declaration on freedom of expression and information in the media in the context of the fight against terrorism, with a view to its adoption by the Committee of Ministers by the end of 2004;

    (ii) Charging its Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to elaborate a set of instructions for the bodies preparing the European Year of Citizenship through Education on how to take full account of the terrorism dimension;

    (iii) Agreeing to inform all Council of Europe structures– the Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the European Court of Human Rights, the Partial Agreements, the Steering Committees and the Human Rights Commissioner - by way of formal communication of the terrorism “agenda” fixed by the Deputies. The formal communication should be coupled, where appropriate, with a request that practical follow-up be given.

    Medium-term strategy

    (iv) Requesting Steering Committees to review how they can contribute to combating terrorism, not in terms of pursuing their long term policies which contribute to societies free from the root causes of terrorism, but more specifically what they can deliver in a shorter time-scale. They could be asked inter alia to provide ideas on what kind of practical help and support the Council of Europe could offer in post-trauma situations and on how this could be organised;

    (v) Inviting the Executive Council of the North/South Centre (or its Bureau) to examine how the Centre could best contribute to furthering the intercultural and inter-religious dialogue and to report back as soon as possible.

    c. Committee of Experts on Terrorism (CODEXTER) – Abridged report of the 4th meeting (Strasbourg, 18-20 October 2004)

    1. The Committee of Experts on Terrorism (CODEXTER) held its 4th meeting in Strasbourg on 18-20 October 2004 under the Chairmanship of Ms Gertraude KABELKA (Austria). The Secretary General of the Council of Europe, Mr Terry DAVIS, attended the meeting on the first day. A list of items discussed and decisions taken is contained in the abridged report (document CM(2004)187).

    2. The CODEXTER was informed about recent developments in the Council of Europe of interest to the Committee, and in particular about the relevant decisions of the Committee of Ministers calling upon the CODEXTER to speed up its work.

    3. In accordance with its revised specific terms of reference adopted on 11 June 2004, the CODEXTER considered a preliminary draft instrument on the prevention of terrorism prepared by the Bureau following the instructions given to it by the CODEXTER at its 3rd Meeting. The preliminary draft instrument appears in Appendix II to document CM(2004)187.

    From the outset, the Committee agreed on the necessity of ensuring an appropriate balance between the need to strengthen the legal action against terrorism and the need to safeguard human rights and fundamental values. The CODEXTER held a thorough discussion on the structure and content of the preliminary draft instrument while focussing on the core provisions. At the close of the discussion, the CODEXTER instructed the Bureau to revise the preliminary draft in the light of the discussions and of the proposals made for consideration at its next meeting.

    4. Finally, the CODEXTER considered the implementation of Council of Europe priority counter-terrorism activities. It took note of the work undertaken or completed by a number of committees and working groups.

    Financing:

    b. The financing of priorities in the immediate term can be met with reallocation within existing appropriations for 2004 and within proposed appropriations for 2005. The financing of activities that might be undertaken within the framework of a medium-term strategy would need to be considered.

    c. Yes.

    DRAFT DECISIONS

    902nd meeting – 3 November 2004

    Item 2.3b

    Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism

    b. Implementation of the activities of the Council of Europe against terrorism
    (CM(2004)138 and Addendum, CM/Del/Dec(2004)895/2.4, 896/2.5, 898/2.3 and 899/2.3, Rec_1677 (2004) and Res_1400(2004), CM(2004)180)

    Decisions

    The Deputies

    - [Subject to the discussion at the present meeting]

    - …

    - …

    - approved the specific terms of reference of the Group of Specialists on Identity Documents and Terrorism (TER-S-IT), as set out in Appendix …. to the present volume of Decisions; <see Appendix II to the present Notes>

    - approved the specific terms of reference of the Group of Specialists on Assistance to Victims and Prevention of Repeat Victimisation (PC-S-AV), as set out in Appendix …. to the present volume of Decisions; <see Appendix III to the present Notes>

    - instructed the PC-S-AV to follow a two-fold approach: firstly, to give priority, in terms of time and content, to assistance to the victims of terrorism, on which the PC-S-AV will report directly to the CODEXTER by 31 March 2005, and only subsequently, to concentrate on the wider considerations of assistance to victims, on which it will report to the CDPC.

    902nd meeting –3 November 2004

    Item 2.3c

    Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism

    c. Committee of Experts on Terrorism (CODEXTER) –
    Abridged report of the 4th meeting (Strasbourg, 18-20 October 2004)
    (CM(2004)187)

    Decision

    The Deputies took note of the abridged report of the 4th meeting of the Committee of Experts on Terrorism (CODEXTER) as it appears in document CM(2004)187.

    Appendix I
    (Item 2.3)

    Previous decisions taken by the Deputies

    It is recalled that at their 895th meeting (15 September 2004, item 2.4), the Deputies reached the following decisions (CM/Del/Dec(2004)895/2.4):

    The Deputies

    1. welcomed the report on the implementation of the activities of the Council of Europe against terrorism as it appears in documents CM(2004)138 and Addendum;

    2. invited the Committee of Experts on Terrorism (CODEXTER) and other relevant Committees to increase the momentum of their work;

    3. called on states that have not yet done so to become Parties to the amending Protocol to the European Convention against Terrorism, so as to ensure its entry into force as soon as possible;

    4. instructed the Steering Committee for Human Rights (CDDH) to finalise the guidelines on the protection of victims of terrorist acts as soon as possible;

    5. agreed to resume consideration of this item at its 896th meeting (22 September 2004), in the light of a list, prepared by the Secretariat, of proposals for further action made by the Deputies at the present meeting.

    Having continued their discussion at the 896th meeting (22 September 2004), the Deputies reached the following decisions (CM/Del/Dec(2004)896/2.5):

    The Deputies

    1. instructed the Secretariat to update the list of ideas and proposals with the ideas resulting from the discussion held at the present meeting;

    2. agreed to resume consideration of this item at their 898th meeting (30 September 2004).

    At their 898th meeting (30 September 2004, item 2.3), the Deputies reached the following decisions (CM/Del/Dec(2004)898/2.3):

    The Deputies

    1. decided to hold exchanges of views with Mr Gijs de Vries, the EU anti-terrorism Coordinator, and with Ambassador Bringéus, Chairman of the OSCE working group on terrorism, at the earliest possible opportunity;

    2. also decided to hold an exchange of views with Ms Kabelka, Chair of the Committee of Experts on Terrorism (CODEXTER), on the progress of the work of her Committee at their 900th meeting on 20 October 2004;

    3. agreed to resume consideration of this item at its 899th meeting of 13 October in the light of the outcome of the present discussions, of the document to be prepared by the Secretary General and of proposals by the Parliamentary Assembly.

    Appendix II
    (Item 2.3)

    Draft specific terms of reference

    1. Name of Committee:

    Group of Specialists on Identity Documents and Terrorism (TERCJ-S-IT2)

    2. Type of Committee:

    Group of Specialists

    3. Source of terms of reference:

    Committee of Experts on Terrorism (CODEXTER) European Committee on Legal Co-Operation (CDCJ)

    4. Terms of reference:

    Under the authority of the Committee of Experts on Terrorism (CODEXTER)European Committee on Legal Co-Operation (CDCJ), the TER-S-IT2 is called upon to prepare a draft recommendation of the Committee of Ministers to the Governments of Member States based on the Final activity report of the CJ-S-IT of 23 April 2004 (document CJ-S-IT(2004) 16).

    5. Membership of the Committee:

    a. The Group shall be composed of 7 specialists in the above-mentioned issues, to be appointed by the Secretary General, in consultation with the Chair of the CODEXTERCDCJ. Their travel and subsistence expenses will be borne by the budget of the Council of Europe.

    b. The European Committee on Legal Co-Operation (CDCJ) Committee of Experts on Terrorism (CODEXTER) and the Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD) may appoint a representative to take part in the work of the TERCJ-S-IT2, each of whose travel and subsistence expenses will be borne by the budget of the Council of Europe.

    c. The European Commission and the General Secretariat of the Council of the European Union may take part in the work of the TERCJ-S-IT2, but without the right to vote or defrayal of expenses.

    d. The following observers may send representatives, without the right to vote or defrayal of expenses:

    - International Commission on Civil Status (CIEC),
    - Interpol,
    - Europol,
    - International Civil Aviation Organisation (ICAO).

    6. Working structures and methods:

    In order to discharge its functions, the Group may seek the advice of external experts and have recourse to studies by consultants.

    7. Duration:

    These terms of reference shall expire on 31 March 2005.

    Appendix III
    (Item 2.3)

    Draft specific terms of reference

    1. Name of the Committee:

    Group of Specialists on Assistance to Victims and Prevention of Repeat Victimisation (PC-S-AV)

    2. Type of Committee:

    Group of Specialists

    3. Source of terms of reference:

    European Committee on Crime Problems (CDPC)

    4. Specific Terms of Reference:

    According to Recommendation No. R (96) 8 on crime policy in Europe in a time of change, member States of the Council of Europe should have a coherent and rational crime policy directed towards, inter alia, the provision of assistance to victims. Member States' policies in the field have to date been guided by, inter alia, Recommendation No. R (87) 21 on assistance to victims and the prevention of victimisation. Recommendation No. R (87) 21 was meant to complement the 1983 European Convention on the Compensation of Victims of Violent Crime (ETS 116) and Recommendation No. R (85) 11 on the position of the victim in the framework of criminal law and procedure; since in many cases the intervention of the criminal justice system was not considered sufficient, alone, to eliminate the serious physical, psychological, social and financial consequences of victimisation, the aim of Recommendation No. R (87) 21 was to promote other forms of assistance to victims of criminal offences in order to meet their needs in the most appropriate way, and to coordinate the efforts made in this connection by public and private services.

    Since the adoption of Recommendation No. R (87) 21, there have been significant developments in the field in Europe. Member States' legislation and practice have evolved, as documented in several surveys conducted in this connection (under, inter alia, the European Union Phare Horizontal Project and Grotius Programme). The Committee of Ministers has adopted Recommendations Nos. R (91) 11 concerning sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults and R (2000)11 on action against trafficking in human beings for the purpose of sexual exploitation, both of which provide for assistance to particular categories of victims. The European Ministers of Justice have invited the Committee of Ministers, where necessary, to adopt new rules concerning the improvement of, inter alia, the support of victims of terrorist acts and their families (resolution No. 1 on Combating Terrorism of the 25th Conference of European Ministers of Justice, Sofia, 9-10 October 2003) – a matter currently under review by the Committee of Experts on Terrorism (CODEXTER). The Council of the European Union has issued a Framework Decision on the standing of victims in criminal proceedings, Article 13 of which concerns specialist services and victim-support organisations. Moreover, the European Forum for Victim Services has been established.

    Nevertheless, in 2003 the Criminological Scientific Council (PC-CSC), having commissioned a study on the relevance today of Recommendation No. R (87) 21 [PC-CSC (2003)1] and held a hearing of experts on this matter, concluded that member States needed further guidance on the development of general victim assistance and victim services. It considered that a new recommendation should be prepared on this topic that would update Recommendation No. R (87) 21, to the exclusion of its provisions on the prevention of victimisation, which, in the Criminological Scientific Council's view, concerned the more general topic of crime prevention (with the exception of the issue of repeat victimisation).

    Under the authority of the CDPC, the PC-S-AV is called upon to elaborate a draft Recommendation (updating Recommendation No. R (87) 21) setting out, inter alia, appropriate standards and principles in this area. In carrying out this work, it should take into account, in particular:

    The European Convention on the Compensation of Victims of Violent Crime (ETS 116);

    Recommendation N° R (83) 7 on the participation of the public in crime policy;

    Recommendation N° R (85) 11 on the position of the victim in the framework of criminal law and procedure;

    Recommendation N° R (91) 11 concerning sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults;

    Recommendation N° R (97) 13 concerning the intimidation of witnesses and the rights of the defence;

    Recommendation N° R (99) 19 concerning mediation in penal matters and the follow-up study commissioned in this connection by the Criminological Scientific Council (PC-CSC) [PC-CSC (2002)12rev]

    Recommendation N° (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation;

    Resolution No. 1 on Combating Terrorism of the 25th Conference of European Ministers of Justice and the relevant reports of the Committee of Experts on Terrorism (CODEXTER);

    the European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings as well as the European Union Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims;

    and any other texts adopted or work in progress within the Council of Europe or the European Union which could have an impact on the work of the Group of Specialists.

    In order to do so, it should consider:

    · the available comparative analysis of levels of victim services and their effectiveness, including the use of 'new media' to raise awareness of the availability of those services
    · the role of governmental and non-governmental bodies in providing comprehensive dedicated services for victims of all crimes, including 'new crimes' involving technology and economic crimes
    · the training and supervision given to volunteers and paid staff
    · the information and assistance given to victims, including their own determination of what they need
    · the protection of victims' privacy
    · the question of private insurance, including collective insurance arrangements available in some member States
    · the problem of repeat victimisation, especially in connection with domestic violence, trafficking and property offences.

    5. Membership of the Group of Specialists:

    a. the Group shall be composed of seven (7) specialists to be appointed by the Secretary General in consultation with the Chair of the CDPC;

    b. two scientific experts appointed by the Secretary General;

    c. a representative of the Committee of Experts on Terrorism (CODEXTER);

    d. a representative of the Steering Committee for Human Rights (CDDH)

    e. The Council of Europe budget will bear the travel and subsistence expenses for each of the aforementioned Specialists, the two scientific experts and the representatives of the CODEXTER and the CDDH.

    f. Qualifications required of Committee members:

    experience in crime policy and legislation concerning victims of crime, or research in the field of victimology, or practical experience within governmental organisations or NGOs delivering assistance to victims, or experience within victims organisations.

    g. The Council of the European Union and the European Commission may participate in the work of the Group of Specialists, without the right to vote or defrayal of expenses.

    h. The following may also send a representative to meetings of the Group of Specialists, without the right to vote or defrayal of expenses:

    The International Criminal Court (ICC).

    i. The Bureau of the CDPC may authorise the admission of other observers to the Group of Specialists.

    6. Working structures and methods:

    In order to carry out its functions, the Group may seek the advice of external experts and have recourse to studies by consultants.

    In accordance with the instructions received from the Deputies (902nd meeting – 3 November 2004, Item 2.3b), the PC-S-AV will follow a two-fold approach: firstly, it will give priority, in terms of time and content, to assistance to the victims of terrorism, on which the PC-S-AV will report directly to the CODEXTER by 31 March 2005, and only subsequently, it will concentrate on the wider aspects of assistance to victims, on which it will report to the CDPC.

    7. Duration:

    These terms of reference will expire on 31 December 2005.

    Appendix IV

Note 1 In previous drafts, European Committee on Legal Cooperation, CDCJ


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