Ministers' Deputies / Rapporteur Groups
GR-J
Rapporteur Group on Legal Co-operation

GR-J(2009)5 9 April 20091
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Annotated agenda
Meeting of 21 April 2009

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11/09 Committee of Legal Advisers on Public International Law (CAHDI)

a. Abridged report of the 37th meeting (Strasbourg, 19-20 March 2009)
CM(2009)56

b. Opinion of the CAHDI on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single-judge and committee procedures
CM(2009)56 add

1. The Group is invited to examine the abridged report of the 37th meeting of the Committee of Legal Advisers on Public International Law (CAHDI), as it appears in document CM(2009)56, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1056th meeting (6 May 2009). The Deputies will be invited to take note of the report without further debate (item placed in the box).

Note: It is recalled that the Opinion of the CAHDI referred to in b) is being examined separately by the GR-H (meeting of 2 and 14 April 2009)

This is the proposed decision:

    “The Deputies took note of the abridged report of the 37th meeting of the Committee of Legal Advisers on Public International law (CAHDI) as it appears in document CM(2009)56, as a whole”.

12/09 Consultative Council of European Prosecutors (CCPE)

a. Opinion no. 2 on “Alternatives to prosecution”
CM(2009)23

2. The Group is invited to take note of Opinion No. (2008) 2 of the Consultative Council of European Prosecutors (CCPE) on "Alternatives to prosecution” and comments of the European Committee on Crime Problems (CDPC) on this Opinion, with a view to transmitting them to the Deputies for adoption of the relevant decision at their 1056th meeting on 6 May 2009 without further debate (item placed in the box).

This is the proposed decision:

    “The Deputies took note of Opinion No. (2008) 2 of the Consultative Council of European Prosecutors (CCPE) on "Alternatives to prosecution" and of comments of the European Committee on Crime Problems (CDPC) on this Opinion, as they appear in document CM(2009)23.”

b. Opinion no. 3 on “The role of the public prosecution services outside the criminal field”
CM(2009)24

3. The Group is invited to take note of Opinion No. (2008) 3 of the Consultative Council of European Prosecutors (CCPE) on "The role of the public prosecution services outside the criminal field” and comments of the European Committee on Crime Problems (CDPC) on this Opinion, with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1056th meeting on 6 May 2009 without further debate (item placed in the box).

These are the proposed decisions:

    “The Deputies

    1. took note of Opinion No. (2008) 3 of the Consultative Council of European Prosecutors (CCPE) on "Alternatives to prosecution" and of comments of the European Committee on Crime Problems (CDPC) on this Opinion, as they appear in document CM(2009)24;

    2. agreed to transmit the opinion to the European Committee on Legal Co-operation (CDCJ) in order for it to be taken into account in the future work of the Committee.”

13/09 European Charter for Regional or Minority Languages

a. First report of the Committee of Experts in respect of Serbia
CM(2009)16, DD(2009)56, DD (to be issued)

4. The Group is invited to examine the first report in respect of Serbia, as it appears in document CM(2009)16, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1056th meeting (6 May 2009). A new draft recommendation has been prepared in consultation with the delegations concerned (to be issued). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

These are the proposed decisions:

    « The Deputies

    1. took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Serbia, as it appears in document CM(2009)16;

    2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Serbia, as it appears at Appendix … to the present volume of Decisions <see Appendix to CM/Notes/1056/10.2a > and agreed to forward it to the Serbian authorities. »

b. First report of the Committee of Experts in respect of Ukraine
CM(2009)43

5. The Group is invited to examine the first report in respect of Ukraine, as it appears in document CM(2009)43, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1056th meeting (6 May 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

These are the proposed decisions:

    « The Deputies

    1. took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Ukraine, as it appears in document CM(2009)43;

    2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Ukraine, as it appears at Appendix … to the present volume of Decisions <see Appendix to CM/Notes/1056/10.2b > and agreed to forward it to the Ukrainian authorities. »

c. Third report of the Committee of Experts in respect of Sweden
CM(2009)45

6. The Group is invited to examine the third report in respect of Sweden, as it appears in document CM(2009)45, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1056th meeting (6 May 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

These are the proposed decisions:

    « The Deputies

    1. took note of the third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Sweden, as it appears in document CM(2009)45;

    2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Sweden, as it appears at Appendix … to the present volume of Decisions <see Appendix CM/Notes/1056/10.2c > and agreed to forward it to the Swedish authorities.

d. Revised Outline for three-yearly periodical reports to be submitted by contracting Parties
CM(2001)198 rev, CM(2009)42

7. The Group is invited to examine the Revised Outline for three-yearly periodical reports to be submitted by contracting Parties, at it appears in document CM(2009)42, with a view to transmitting it to the Deputies for adoption of the relevant decision at their 1056th meeting (6 May 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

This is the proposed decision:

    « The Deputies approved the revised outline for three-yearly periodical reports to be submitted by contracting Parties to the European Charter for Regional or Minority Languages, as it appears in CM(2009)42. »

14/09 The Council of Europe and the rule of law
CM(2008)170, CM/Del/Dec(2008)1042bis/1.2b, GR-J(2009)6

8. In November 2008, the Deputies welcomed document CM(2008)170 “The Council of Europe and the Rule of Law – An Overview”. The Deputies also decided to invite the Secretariat “to forward the document to the European Committee on Legal Co-operation (CDCJ), Steering Committee for Human Rights (CDDH), European Committee on Crime Problems (CDPC), Steering Committee on the Media and New Communication Services (CDMC), Steering Committee for Equality between Women and Men (CDEG), European Commission for the Efficiency of Justice (CEPEJ), Consultative Council of European Judges (CCJE), Consultative Council of European Prosecutors (CCPE), the Lisbon Network, Group of States against Corruption (GRECO), Group of Experts on Action against Trafficking in Human Beings (GRETA), Committee of Experts on Terrorism (CODEXTER), Committee of Legal Advisers on Public International Law (CAHDI) and the Venice Commission for information and possible comments by 31 March 2009 and to invite the GR-J to “resume consideration of this item in the light of any comments received and to report back”.

9. The CDCJ and CDEG have made comments which appear in document GR-J(2009)6.

10. In addition, the Group of Experts on Action against Trafficking in Human Beings (GRETA) has taken note of the document “The Council of Europe and the Rule of Law – An Overview”, without making any comments, while the Committee of Legal Advisers on Public International Law (CAHDI) has also taken note of this document and agreed “to pursue consideration of this matter at its next meeting.” (see CM(2009)56).

11. The Group is invited to hold an exchange of views on this point and to decide on follow-up action to be taken on decision CM/Del/Dec(2008)1042bis/1.2b.

15/09 Request by Chile to be invited to accede to the Convention on Cybercrime (ETS No. 185)
GR-J(2009)4 revised

12. By letter dated 21 October 2008, transmitted on 9 January 2009 by the Embassy of Chile in France, Mr Alejandro FOXLEY RIOSECO, Minister for Foreign Affairs of Chile, informed the Secretary General about the wish of his Government to be invited to accede to the Convention on Cybercrime.

13. In conformity with the request from the authorities of Chile, the Secretariat proceeded to an informal consultation of the member States, asking them to communicate to the Secretariat whether their authorities would object to the accession of Chile to the Convention on Cybercrime if the request to be invited to accede was formally submitted to the Committee of Ministers. The deadline for replying was 6 March 2009. No objection was communicated to the Secretariat.

14. The Rapporteur Group is invited to examine this request in the light of document GR-J(2009)4 revised with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1056th meeting (6 May 2009), without further debate (item placed in the box).

These are the proposed decisions:

    “The Deputies

    1. took note of the request of Chile to be invited to accede to the Convention on Cybercrime (ETS No. 185) and noted that the Committee of Ministers agreed in principle to granting this request;

    2. instructed the Secretariat to consult the non-member state which is a Contracting state to the Convention, i.e. the United States of America, and set 12 June 2009 as the deadline for a reply;

    3. agreed that, if there was no objection from the United States of America, the decision to invite Chile to accede to the Convention on Cybercrime (ETS No. 185) would be regarded as adopted on 17 June 2009 (1061st meeting of the Deputies);

    4. agreed to resume consideration of this item if the United States of America raised an objection concerning the accession of Chile to the Convention.”

Any other business

- Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO)

15. The terms of reference of the CAHVIO were approved by the Deputies on the occasion of their 1044th meeting (10 December 2008 – CM/Del/Dec(2008)1044/4.4). It is proposed to make three amendments of a technical nature which appear in shaded text in the “Revised terms of reference of the Ad hoc Committee on preventing and combating violence against women and domestic violence”, appended to the present document. The amendments aim at:
- including the Conference of INGOs as a Participant;
- ensuring an adequate representation of the required fields of expertise in the chairmanship by allowing the appointment of two co-chairpersons. The estimated cost of this measure amounts to 1000 Euros per meeting and will be covered by appropriations already approved for this activity.

16. The Group is invited to examine these draft revised terms of reference so that they can be forwarded to the Deputies for adoption of the relevant decision at their 1057th meeting (20 May 2009).

This is the proposed decision:

    “The Deputies approved the revised terms of reference of the Ad hoc Committee on preventing and combating violence against women and domestic violence, as they appear in Appendix … to the present volume of Decisions, and agreed that they would apply starting from the first meeting of the ad hoc Committee”.

Date of the next meeting

17. 9 June 2009 (to be confirmed).

Appendix

Terms of reference of the Ad Hoc Committee on preventing and combating violence against women and domestic violence

1.

Name of Committee:

Ad Hoc Committee on preventing and combating violence against women and domestic violence

2.

Type of Committee:

Ad Hoc Committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

 

Having regard to:

-

the Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular concerning the issue related to the security of citizens;

-

the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols;

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence;

-

the final activity report of the Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV);

-

the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197);

-

the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201);

-

the Committee of Ministers’ reply of 15 October 2008 to Parliamentary Assembly Recommendation 1847 (2008) on “Combating violence against women: towards a Council of Europe convention”.

 

Under the authority of the Committee of Ministers, and in relation with the implementation of Projects 2008/DG-HL/1432 “Monitoring the operation of conventions on co-operation in the criminal field”, 2008/DG-HL/1413 “Protection of women against violence, including domestic violence” and 2008/DG-HL/1414 “Achieving gender equality between women and men in all spheres of society” of the Programme of Activities, and bearing in mind the criteria developed in document CM(2006)101 final “Establishing criteria for projects”, the Committee is instructed:

-

to prepare one or more legally binding instrument(s), as appropriate,2 to prevent and combat:

- domestic violence including specific forms of violence against women;
- other forms of violence against women;

to protect and support the victims of such violence and prosecute the perpetrators.

 

When preparing this or these instrument(s), the Committee shall:

-

have regard to the definition of violence against women and the examples of domestic violence given in Recommendation Rec(2002)5, bearing in mind that the latter notion is not limited to violence against women;3

-

design a comprehensive framework for the protection and assistance of victims and witnesses, including child victims and witnesses, paying particular attention to gender equality aspects, as well as on the effective prevention, intervention, investigation, prosecution and, where appropriate, international co-operation;

-

define a monitoring mechanism to ensure compliance of States Parties with the provisions of the instrument(s);

-

take into account the relevant standards of the Council of Europe in the fields of human rights, gender equality, criminal law and judicial co-operation, in particular on the basis of existing legal instruments dealing with various forms of violence which are related to it;

-

take into account the existing universal and regional international legal instruments relevant to such violence, in particular the United Nations Convention on the Elimination of all Forms of Discrimination against Women (CEDAW – 1979).

The Committee shall present, by 30 June 2009, an interim report on its position on the subjects and contents of the proposed instrument(s), its working methods and the time table for its work, in order to allow the Committee of Ministers to take a decision, where necessary, on these matters.

5.

Composition of the Committee:

5.A

Members

i.

The governments of all member states are entitled to appoint members. The Council of Europe's budget will bear travelling and subsistence expenses for one expert per member state (two in the case of a state whose representative has been elected (co-) chairperson). The Committee should be composed with due consideration to the respect of the principle of gender-balanced representation. The governments of member states are invited to consider the possibility of appointing two experts each, so as to enable legal and human rights/gender equality expertise (experts from national authorities competent in particular for criminal justice and gender equality aspects) to be represented.

ii.

Qualifications of persons serving on the Committee: senior national officials with an extensive knowledge or expertise in the human rights and gender equality field and/or in the criminal law and procedure area. When appointing their representatives, governments are invited to bear in mind that an equal proportion between members with expertise in human rights and gender equality and with expertise in criminal and prosecution matters is needed.

5.B

Participants

i.

Three representatives of the Steering Committee for Equality between Women and Men (CDEG) and three representatives of the European Committee on Crime Problems (CDPC), without the right to vote but with defrayal of expenses at the charge of the budget envelopes allocated to these committees.

ii.

One representative of each of the following committees, without the right to vote but with defrayal of expenses at the charge of the budget envelopes allocated to these committees:

- Steering Committee for Human Rights (CDDH);
- European Committee on Legal Co-operation (CDCJ);
- European Committee on Migration (CDMG);
- Governmental Committee of the European Social Charter.

iii.

The Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights and the Conference of INGOs enjoying participatory status with the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote but with defrayal of expenses at the charge of their respective Votes of the Ordinary Budget.

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s), without the right to vote or defrayal of expenses, to meetings of the Committee.

ii.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s), without the right to vote or defrayal of expenses, to meetings of the Committee.

iii.

The following international organisations may send (a) representative(s), without the right to vote or defrayal of expenses, to meetings of the Committee:

- United Nations Development Fund for Women (UNIFEM);
- United Nations Division for the Advancement of Women (UNDAW;
- United Nations Children's Fund (UNICEF);
- Office of the United Nations High Commissioner for Human Rights (UNHCHR);
- United Nations High Commissioner for Refugees (UNHCR);
- Organisation for Security and Co-operation in Europe (OSCE);
- Interpol;
- Europol;
- Commonwealth of Independent States (CIS);
- European Women's Lobby;
- Amnesty International;
- Women against Violence Europe (WAVE).

6.

Secretariat:

 

The Committee should be assisted by a Secretariat composed of staff of the Directorate General of Human Rights and Legal Affairs (DGHL).

7.

Working methods and structures:

 

To ensure adequate representation of the required fields of expertise in the chairmanship, the Committee may be presided by two chairpersons as co-chairs.

Three scientific experts may be appointed by the Secretary General to assist the Committee’s work.

In the framework of its terms of reference, the Committee may set up working parties and have recourse to consultant experts. It shall have the possibility to have whatever contacts and consultations with governmental and non-governmental organisations or professionals and others that it deems necessary for the implementation of its terms of reference, in particular through hearings or written consultation

Other steering committees may be consulted at an appropriate stage of the drafting work.

8.

Duration:

 

These terms of reference expire on 31 December 2010.

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 out in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 The Ad hoc Committee shall first consider from the point of view of standard-setting technique, whether it is feasible to fulfil these terms of reference by drafting a single instrument, or whether it is preferable to draft two instruments (such as a convention and a protocol thereto). In the latter case these two instruments shall be drafted so as to form a coherent whole.
Note 3 Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence, which deals exclusively with violence against women, lists the following examples of violence occurring in the family or domestic unit: physical and mental aggression, emotional and psychological abuse, rape and sexual abuse, incest, rape between spouses, regular or occasional partners and cohabitants, crimes committed in the name of honour, female genital and sexual mutilation and other traditional practices harmful to women, such as forced marriages.


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