1016th meeting – 30 January 2008

Item 10.3

28th Conference of European Ministers of Justice (Lanzarote, 25-26 October 2007) –
Report by the Secretary General
(CM(2007)182)

Decisions

The Deputies

a. Concerning Resolution No. 1 on access to justice for migrants and asylum seekers

1. transmitted the resolution to the European Committee on Legal Co-operation (CDCJ), as well as to the European Committee on Crime Problems (CDPC) and the Steering Committee for Human Rights (CDDH), for them to bear it in mind in their future work;

2. entrusted the CDCJ, in co-operation with the CDPC, the CDDH and other competent bodies of the Council of Europe to examine:

- the specific issue of access to justice for migrants and asylum seekers by identifying means and measures with a view to facilitating and ensuring this access, including the provision of legal aid and assistance;

- the specific issue of access to justice, legal representation, age assessment and deprivation or limitation of liberty of unaccompanied and separated children, with a view to determining the need for and the feasibility of an additional Council of Europe action in this field;

3. entrusted the CDPC to examine:

- the relationship between asylum procedures and extradition procedures;

4. invited the Secretary General, within the framework of co-operation activities, to promote the Council of Europe’s standards in this field and support and develop co-operation activities dedicated to the training of judges, prosecutors, civil servants and any other persons dealing with requests for asylum, granting residence, managing complaints lodged or in the enforcement of the right to non-refoulement;

b. Concerning Resolution No. 2 on child-friendly justice

5. transmitted the resolution to the CDPC, the CDCJ and the CDDH for them to bear it in mind in their future work;

6. entrusted the CDPC, the CDCJ and the CDDH as well as the European Commission for the Efficiency of Justice (CEPEJ), in close co-operation with each other as well as with other competent bodies of the Council of Europe, to:

- examine the access and the place children have prior to, during and after judicial proceedings;

- examine the way in which the views of children can be taken into account during such proceedings;

- examine ways of improving the manner in which authorities provide information to children on their rights and access to justice, including to the European Court of Human Rights;

- gather information on child-friendly procedures implemented in member states;

- prepare elements for European guidelines for child-friendly justice;

7. decided to appoint a Thematic Co-ordinator on Children to mainstream the activities on children's rights throughout the Organisation, in line with the Action Plan adopted at the Third Summit of Heads of State and Government;

c. Concerning Resolution No. 3

8. took note of this resolution and, in particular, of the fact that the 29th Conference will be held in Norway in 2009;

9. having regard to decisions 1 to 8 above, took note of the Secretary General’s report, as it appears in document CM(2007)182, as a whole.


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