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Strasbourg, 17/10/2006

PC-OC Mod (2006) 06

COMITTEE OF EXPERTS
ON THE OPERATION OF EUROPEAN CONVENTIONS
ON CO-OPERATION IN CRIMINAL MATTERS

2nd meeting of the restricted Group of experts on international co-operation
(PC-OC Mod)

Strasbourg, 16-17 October 2006

Draft meeting report

The draft agenda was adopted.

* * *

Appendix I:

Measures to improve the efficiency of International co-operation in criminal matters
Outcome of the first two meetings of the restricted group of experts
21-22 September and 16-17 October 2006

[Sentences in BOLD correspond to results of the 2nd meeting]

1) Compendium of texts, explanatory notes

The Secretariat would ensure a regular update of the publication (updates would be highlighted). Updated editions of the books might be envisaged, where necessary/opportune.

These publications could help very much practitioners. It is suggested therefore that they should be available made to the public (for instance through the web site) as soon as it is practicably possible.

2) Web site, data base

3) Networking

4) Office of specialists

5) Other

1) Extradition

1. Simplified extradition:

2. Grounds for refusal:

3. Lapse of time (Art. 10 ECE)

4. Reservations

5. Rule of speciality

6. Time limits

7. Compensation for the extradited or requested person

As instructed by the CDPC, the Group also discussed the following item, preparing elements for a longer term decision:

1. Extradition of nationals

2. Ne bis in idem

*********

Increasing the efficiency of international co-operation in criminal matters:
Proposal to promote networking among points of contacts
from the Council of Europe member States

Strasbourg, 17 October 2006

Presentation

The PC-OC already fulfils an essential role in promoting networking among national authorities in charge of judicial co-operation. In addition, regional and multilateral activities conducted under the CoE programmes of assistance further promote networking among practitioners and judicial actors.

It is felt that the existing “list of national officials in charge of international co-operation” set up by the PC-OC (PC-OC Inf 6) constitutes an excellent basis for the development of a network. That list could however be simplified: the number of persons presented by each member States as contact persons could be reduced to a maximum of 2 to 3 per State, with their complete contact details, including e-mails (and, where available the contacts to be reached beyond the working hours). These contact persons would form a network aimed at increasing the efficiency of international co-operation.be easily reachable and could be contacted

Role of contact persons

The contact person is expected to:

Requirements

The contact persons should have

The list of names of contact persons (CP) would be available among all persons present on the list and to the PC-OC members. It could be accessible through the database. If the Committee decides that the access should be restricted, a password would be provided to each CP and PC-OC members. The possibility to have it available to the judicial authorities and to the law enforcement agencies dealing with judicial co-operation could be envisaged (should this be left to the discretion of each State/central authority)?

Newsletter

The Group agreed that better and more extensive diffusion of information pertaining to judicial co-operation is needed. Practitioners / PC-OC members will be encouraged to communicate news to the Secretariat which could disseminate them through the web site and by e-mail, for instance in the form of a newsletter.

The Newsletter could present:

* * *

APPENDIX II

   

PC-OC\groupe modern.\Docs 2006\PC-OC Mod(2006)OJ1 bil
http://www.coe.int/tcj/

Strasbourg, 04/10/2006

PC-OC Mod (2006) OJ 2

COMITTEE OF EXPERTS
ON THE OPERATION OF EUROPEAN CONVENTIONS
ON CO-OPERATION IN CRIMINAL MATTERS

COMITE D’EXPERTS
SUR LE FONCTIONNEMENT DES CONVENTIONS EUROPEENNES
SUR LA COOPERATION DANS LE DOMAINE PENAL
(PC-OC)

1st meeting of the restricted Group of experts on international co-operation
1ère réunion du Groupe limité d’experts sur la coopération internationale
(PC-OC Mod)

Strasbourg, 21-22/09/2006 – Room /Salle 17

Draft Agenda
Projet d’ordre du jour

1. Opening of the meeting / Ouverture de la réunion
2. Adoption of the agenda / Adoption de l’ordre du jour
3. Discussion on possible steps and initiatives to improve the efficiency of international co-operation in criminal matters /

4. Conclusion and closing of the meeting / conclusion et clôture de la réunion

APPENDIX III

LIST OF PARTICIPANTS / LISTE DES PARTICIPANTS

ITALIA / ITALIE
Mr Eugenio SELVAGGI, la Corte di Appello, I – 00193 ROMA

AUSTRIA / AUTRICHE
Ms Barbara GOETH-FLEMMICH, Ministry of Justice, VIENNA

ESTONIA / ESTONIE
Ms Imbi MARKUS, Ministry of Justice, TALLINN

NETHERLANDS / PAYS-BAS
Ms. Linda BREGMAN, Ministry of Justice, THE HAGUE

PORTUGAL
Mme Joana GOMES FERREIRA, Procuradoria Geral da República, LISBOA

SLOVAKIA / SLOVAQUIE
Mr Branislav BOHÁČIK, Ministry of Justice, BRATISLAVA

SWEDEN / SUEDE
Mr Per HEDVALL, Ministry of Justice, STOCKHOLM

SWITZERLAND / SUISSE
M. Jenni ERWIN, Office fédéral de la justice, BERNE

RUSSIA / RUSSIE
Mr Vladimir P. ZIMIN, Office of the Prosecutor General, MOSCOW

SECRETARIAT

Department of Crime Problems / Service des Problèmes criminels
Fax +33-3-88 41 27 94

Ms Bridget O’LOUGHLIN, Head of the Division of Criminal Justice / Chef de la Division de la Justice Pénale
TEL. +3-3-88 41 23 08 E-mail bridget.oloughlin@coe.int

Mr Humbert de BIOLLEY, Secretary to the Committee / Secrétaire du Comité
TEL. +33-3-90 21 47 03 E-mail humbert.debiolley@coe.int

Mrs Marose BALA-LEUNG, Administrative Assistant / Assistante Administrative
TEL. +33-3-88 41 30 84 E-mail marose.bala-leung@coe.int


1 Available through the EU web site (click here)

2 Available through the EU web site (click here)

3 Available through the EU web site (click here)

4 Art 12 of the Preamble on the EAW: “This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union(7), in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to surrender a person for whom a European arrest warrant has been issued when there are reasons to believe, on the basis of objective elements, that the said arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons.”

5 See in PC-OC (2005)22.

6 Art 4.1, EAW: “The executing judicial authority may refuse to execute the European arrest warrant:1. if, in one of the cases referred to in Article 2(4), the act on which the European arrest warrant is based does not constitute an offence under the law of the executing Member State; however, in relation to taxes or duties, customs and exchange, execution of the European arrest warrant shall not be refused on the ground that the law of the executing Member State does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes, duties and customs and exchange regulations as the law of the issuing Member State;”


7 Art 62, Schengen agreement: “As regards interruption of limitation of actions, only the provisions of the requesting Contracting Party shall apply.”

8 Backroung information is to be found essentially in the PC-TJ final report (PC-TJ(2005)10) and in the research made by Ms Azaria (PC-TJ(2005)07).

9 CoE Recommendation Nr R(80)7

10 Art 18, CoE Convention on the prevention of terrorism: “1   The Party in the territory of which the alleged offender is present shall, when it has jurisdiction in accordance with Article 14, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party. Those authorities shall take their decision in the same manner as in the case of any other offence of a serious nature under the law of that Party. 2   Whenever a Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that Party to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this Party and the Party seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.”