Ministers' Deputies
Notes on the Agenda

CM/Notes/925/10.8 revised 2 May 20051
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925 Meeting, 4 May 2005
10 Legal questions


10.8 European Committee on Crime Problems (CDPC) –

Explanatory Memorandum to the Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism

Reference documents
CM(2005)41 Addendum 2

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Action

To take note of the Explanatory Memorandum to Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism (CM(2005)41 Addendum 2).

1. It is recalled that at their 924th meeting (20 April 2005, item 10.3), in the context of their examination of the abridged report of the 54th plenary meeting of the European Committee on Crime Problems (CDPC) (document CM(2005)41), the Deputies adopted Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism. They also took a decision ad referendum, with the deadline expiring on 22 April 2005, to take note of the draft Explanatory Memorandum to the Recommendation contained in document CM(2005)41 Addendum 2, it being understood that the words “or planning” would be added to paragraph 45 after the words “or is carrying out” On the expiration of the deadline, the Russian delegation informed the Secretariat it could not lift its ad referendum vote concerning the draft Explanatory Memorandum to the Recommendation (see the Appendix). Delegations were thus informed that the item would appear on the agenda of the 925th meeting (4 May 2005) (DD(2005)321).

2. In the meantime, the most concerned delegations have agreed on a proposal for an amendment to paragraph 45 of the draft Explanatory Memorandum. Their proposal is contained in the draft decision below. The Deputies are invited to resume consideration of this item.

Financing assured: YES

DRAFT DECISION

925th meeting – 4 May 2005

Item 10.8

European Committee on Crime Problems (CDPC) –
Explanatory Memorandum to the Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism
(CM(2005)41 Addendum 2)

Decision

The Deputies took note of the Explanatory Memorandum to the Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism as it appears in document CM(2005)41 Addendum 2, it being understood that the words “a person has carried out or is carrying out an action(s)” in paragraph 45 are replaced by “a person has acted or is acting in a way”.

Appendix

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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