18-21 March 2013, the Terrorism Division of the Council of Europe participated in the United Nations Security Council Counter-Terrorism Committee Executive Directorate (UNSC CTED) Comprehensive Visit to Republic of Serbia to monitor the implementation of Security Council resolution 1373 (2001) by UN Member states. For further information, please see the UN website.
• There would be no violation of Article 3 (prohibition of torture or
inhuman or degrading treatment) of the European Convention on Human Rights;
• There would be no violation of Article 5 (right to liberty and security)
of the Convention; but that
• There would be a violation of Article
6 (right to a fair trial), given the real risk of the admission of evidence
obtained by torture at his retrial.
• The Court also held, unanimously,
that there had been no violation of Article 13 (right to an effective remedy).
This is the first time that the Court has found that an expulsion would
be in violation of Article 6, which reflects the international consensus
that the use of evidence obtained through torture makes a fair trial impossible.
At its last meeting on 23rd November 2011, the Group of Parties to the Council
of Europe Convention on the Prevention of Terrorism [CETS No. 196] adopted
provisionally the Rules of Procedure of the Group of Parties to the Convention
CETS No. 196. Final adoption of these Rules by silent procedure has been
finalised on 2 January 2012.
On 7 July 2010, the Committee of Ministers of the Council of Europe adopted the abridged report of the CODEXTER meeting (Strasbourg, 7-8 April 2010) and the follow-up mechanism for the effective use and implementation of the Council of Europe Convention on the Prevention of Terrorism (CETS No 196).
1st July 2010, Mr Andrea CANDRIAN, Chair of the CODEXTER, held an exchange of views with the Rapporteur Group on Legal Co-operation of the Ministers' Deputies (GR-J). Mr Candrian has outlined recent activities of the CODEXTER and, in particular, those related to the follow-up of the CoE Convention on the Prevention of Terrorism (CETS No. 196)
On 4 June 2010, the Venice Commission adopted, at its 83rd Plenary Session, the Report on Counter-Terrorism Measures and Human Rights
The Committee of Experts on Terrorism (CODEXTER) held its 18th meeting in Strasbourg, France, from 7 to 8 April 2010. The main part of this meeting was devoted to the discussion on the regular follow-up mechanism to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196). Moreover, the Committee approved the analytical study on false identity information as a challenge to immigration authorities as well as the updated version of the Progress Report on future priority areas for the work of the Council of Europe against terrorism. The CODEXTER also authorised the publication of the country profiles on counter-terrorism capacity as submitted by Serbia and as updated by Albania, Germany and “the former Yugoslav Republic of Macedonia”.
On 17 December 2009, addressing the Counter-Terrorism Committee’s meeting in New-York, Mr. Manuel Lezertua, CoE’s Jurisconsult and Director of Legal Advice and Public International Law emphasised the key role that regional organisations, such as the Council of Europe, have to play in implementing the UN tools against terrorism. It also explored areas for future cooperation between the CoE and the UN relevant bodies involved in counter-terrorism related issues. The intervention of Mr Lezertua has been followed by a lively debate with the participation of all delegations. In the course of this debate the possibility of joint activities was also suggested.
High level seminar on the protection of Human Rights within the Framework of the Fight against Terrorism
On October 8th and 9h 2009, the Counter-terrorism Task-Force of the Council of Europe and the Ministry for Foreign Affairs of Spain organised in Málaga, with the support of the University of Málaga and of the Foundation Valsaín, a high level seminar on the protection of Human Rights within the Framework of the Fight against Terrorism.
The seminar was opened by Mr. Cándido Conde Pumpido, Public Prosecutor of Spain, Mr. Francisco de la Torre Prados, Mayor of Málaga, Mr. Alvaro Gil-Robles, first Commissioner for Human Rights of the Council of Europe, Ambassador Juan Manuel of Barandica y Luxán, Ambas/sador of Spain for Strategic Affairs, Ambassador Fernando Perpiñá, Secretary of the Club of Madrid and Mrs. Adelaida de la Calle Martín, Rector of the University of Málaga.
The participants - coming from diplomatic, ministerial, judicial and academic circles and also from civil society - discussed consecutively the integration of Human Rights in national counter-terrorism policies, the tools available for this purpose at national and international level and legal challenges faced by States in this field
Participation in Eminent Jurists Panel on Terrorism,
Counter-Terrorism and Human Rights
[29/04/09] On 28 April 2009, the Council of Europe hosted a lunchtime briefing
on “Assessing Damage, Urging Action: The way forward for counter-terrorism
in Europe. Eminent Jurists Panel on Terrorism, Counter-Terrorism and Human
Rights”. This event, organised by the International Commission of Jurists
(ICJ) and sponsored by Dick Marty, Chairperson of the Sub-Committee on Crime
Problems and the Fight against Terrorism, highlighted some of the key findings
of the Eminent Jurists Panel report; one of the most comprehensive inquiries
into the impact of counter-terrorism measures on human rights. The briefing
was attended by Dick Marty and Gerald Staberock, Director of the Global
Security and Rule of Law Initiative (ICJ), and moderated by the Council
of Europe Anti-Terrorism Co-ordinator, Mr Alexandre Guessel.
(more)
[20/02/09]
The Council of Europe participated in the 6th Worldwide Security
Conference organised by the EastWest Institute (EWI) and co-sponsored
by the World Customs Organization (host) and Italy in its role of Chair
of the G8. The Conference brought together experts from all over the world
with the aim to establish relations between governments, businesses, civil
society and mass media representatives in order to consider joint action
to combat terrorism. The Conference took place on 18-19 February 2009 in
Brussels, Belgium, at the World Customs Organization headquarters.
Agenda
Joint CoE/OSCE/UNODC Workshop on Enhancing International
Legal Co-operation related to Terrorism
[29/01/09] On 28-29 January 2009, the Council of Europe, the UNODC and
the OSCE organized a Workshop on Enhancing International Legal Co-operation
related to Terrorism, including the Drafting of Requests for Extradition
and Mutual Legal Assistance in Neum (Bosnia and Herzegovina). The workshop
focussed on the analysis of legal and technical instruments to enforce the
international co-operation on mutual legal assistance and extradition in
terrorism-related criminal cases.
Agenda
Council of Europe, OSCE and UN discuss terrorism prevention
in the context of intercultural dialogue
[11.07.08] On the occasion of the annual High-level Tripartite meeting on
7 July 2008, the Council of Europe, the Organisation for Security and Co-operation
in Europe, the United Nations and partner organisations discussed different
aspects of intercultural dialogue and their collaboration in this area.
In the Joint Communiqué adopted at the end of the meeting, the participating
organisations stressed the role of international instruments to combat terrorism
and called upon states to encourage inter-religious and cross-cultural dialogue
with a view to reducing tensions and, in this manner, help to prevent terrorist
offences. They underlined the continuing need to address the conditions
conducive to radicalisation and the spread of terrorism, while seeking to
intercept and prosecute terrorists and counter terrorist networks.
Joint Communiqué
CoE organised a Counter-Terrorism Training Workshop in
Pristina
[26/05/08] At the invitation
of the United Nations Interim Administration Mission in Kosovo (UNMIK),
the Council of Europe organised a Counter-Terrorism Training Workshop in
co-operation with the UNMIK/Kosovo Special Prosecutor’s Office (KSPO) which
took place in Pristina on 3 and 4 June 2008. The aim of this two-day event
was to provide training on the international legal framework for co-operation
on counter-terrorism issues, with an emphasis on questions of mutual legal
assistance and extradition, as well as existing technical assistance tools
for facilitating such international co-operation. Moreover, participants
examined key issues regarding the protection of human rights while fighting
terrorism.
Council of Europe convention against terrorist financing
enters into force
[30.04.2008] “Following
the money trail is one of the most important ways of fighting terrorism
and organised crime. Quick access to information on assets held by criminal
organisations, including terrorist groups, is vital to successful prevention
and prosecution of terrorism”, said Terry Davis, Secretary General of the
Council of Europe.
Workshop on Enhancing International Legal Co-operation
related to Terrorism, including the Drafting of Requests for Extradition
and Mutual Legal Assistance
[22.2.08]
The Council of Europe, the UNODC and OSCE organised a Workshop on Enhancing
International Legal Co-operation related to Terrorism, including the Drafting
of Requests for Extradition and Mutual Legal Assistance on 1-2 April 2008
in Ankara (Turkey).
The aim of this two-day national workshop was to
provide training on the international legal framework for co-operation on
mutual legal assistance and extradition in terrorism-related criminal cases,
and on existing technical assistance tools for facilitating such international
co-operation in criminal matters.
Agenda
First International Conference on Radicalisation and
Political Violence, London, 17-18 January 2008
[17.1.08] Terry Davis, Council of Europe Secretary General, delivered a
keynote
speech at the first International
Conference on Radicalisation and Political Violence held in London,
17-18 January 2008.
"A really effective fight against terrorism
is one which respects and protects human rights and fundamental freedoms
rather than sacrificing them in the short-sighted hope that terrorism can
be defeated by undermining the very foundations of the society which the
extremists are set to destroy." said the Secretary General.
Council of Europe joins OSCE to discuss protection of
victims of terrorist acts
The High-Level
Meeting on Victims of Terrorism followed an initiative of the Spanish Chairmanship
of the OSCE and was organised by ODIHR in Vienna, 13-14 September 2007.
Combating racial discrimination in the fight against
terrorism
On 29 June 2007, the European
Commission against Racism and Intolerance (ECRI) adopted General Policy
Recommendation N° 11 on combating racism and racial discrimination in policing.
The Recommendation results from ECRI's concerns that cases of racism
and racial discrimination in policing, including racial profiling, have
intensified and taken on a new dimension, particularly as a result of the
fight against terrorist crime.
Second parliamentary report on secret detentions
On 27 June 2007, the Parliamentary Assembly of the Council of Europe backed
the second report on Secret detentions
and illegal transfers of detainees involving Council of Europe member states
prepared by Senator Dick Marty.
In its Recommendation
1801 (2007) adopted after the report, the Assembly called upon European
governments to look into the need for democratic oversight of military intelligence
services and foreign intelligence services operating on their territory.
See also the
special file.
Intelligence and Accountability
On 2 June 2007, the European Commission for Democracy through Law (Venice
Commission) adopted a
Report on the Democratic oversight of the security services. Acknowledging
that intelligence is an inescapable necessity for modern governments and
that security services, by their very nature, impinge on individual rights,
the report examines the need for limits to their activities, ways to make
security services accountable and complaints mechanisms for individuals
adversely affected by security or intelligence services.
European Union supports the Council of Europe Convention
on the Prevention of Terrorism
On
the occasion of the entry into force of the Council of Europe Convention
on the Prevention of Terrorism on 1 June 2007, the EU Presidency issued
a
statement endorsing the Convention.
Human Rights Commissioner voices concern over methods
of terrorist profiling
Strasbourg,
29.05.2007 - In an
opinion article available copyright-free, the Council of Europe's
Commissioner for Human Rights voices concern that new forms of terrorist
profiling have led to unacceptable discrimination against Muslims and people
who appear to be of Middle-Eastern origin. Thomas Hammarberg argues that
European governments should rather encourage community policing and draw
up long-term measures with a view to preventing the causes of terrorism.
Council of Europe and the European Union sign an agreement
to foster mutual co-operation against terrorism
Gunter Gloser, German Minister of State for Europe and Benita Ferrero-Waldner,
the Commissioner for External Relations, on behalf of the European Union
and Council of Europe Secretary General Terry Davis, signed a Memorandum
of Understanding on May 23 in Strasbourg. The agreement creates an institutional
framework to reinforce partnership in areas of common interest including
the fight against terrorism. (more…)
The Council of Europe organised a series of Anti-Terrorism and Human Rights Training Seminars for Turkish law-enforcement authorities, in Ankara between March and November 2007. The seminars were addressed to governors, officials and police officers. They dealt with ECHR standards with a special focus on the different mechanisms for supervising law enforcement bodies, the fight against terrorism and the exercise of fundamental freedoms. (more).
European Prosecutors discuss terrorism
The Council of Europe organised a European Conference of Prosecutors in
Warsaw on 4 and 5 June 2007 on the subject of "International Co-Operation
in the Criminal Justice Field". Prosecutors from the Council of Europe's
47 member states discussed ways of intensifying co-operation between prosecution
services in the criminal justice field, to target more effectively serious
crime, including terrorism.
Press release
Advancing the United Nations Global Counter-Terrorism
Strategy
The United Nations Office
on Drugs and Crime (UNODC) has published the
proceedings of the Symposium on “Advancing the United Nations Global
Counter-Terrorism Strategy”, which took place in Vienna on 17 and 18 May
2007. The Council of Europe, an active supporter of the Strategy, took part
in the Symposium to contribute its experience and legal expertise.
Council of Europe and OSCE encourage all levels of society
to prevent terrorism
The Council
of Europe contributed its vision and experience as a pan-European organisation
in the Political Public-Private Partnership Conference on “Partnership of
State Authorities, Civil Society and the Business Community in Combating
Terrorism” organised by the Organisation for Security and Co-operation in
Europe (OSCE) in Vienna on 31 May–1 June 2007.
Contribution of the Council
of Europe
Russian Federation: Council of Europe organised a Counter-Terrorism
Workshop for public prosecutors in Moscow, 1-2 March 2007.
Co-organised by the Council of Europe and the General Prosecutor’s Office
of the Russian Federation, the workshop focused on international co-operation
against terrorism in the light of the legal framework for the prevention
and suppression of terrorism.
The
Annual High-level meeting between the Council of Europe, the OSCE and the
UN to discuss the implementation of the UN Global Counter-Terrorism Strategy
took place in Vienna on 13-14 February 2007
Joint Communiqué
Council of Europe and Interpol step up co-operation
On 17 January 2007, the Council of Europe adopted Recommendation Rec (2007)
1 to member states regarding co-operation against terrorism between the
Council of Europe and its member states, and the International Criminal
Police Organization (ICPO - Interpol).
Explanatory memorandum
OSCE supports Council of Europe Convention on the Prevention
of Terrorism
On 5 December 2006,
OSCE Ministerial Council adopted a Decision calling on participating States
to consider becoming party to and to implement their obligations under the
existing international and regional legal instruments, including the Council
of Europe’s Conventions on Cybercrime (2001) and on the Prevention of Terrorism
(2005).
Council of Europe joins international organisations to
discuss protection of human rights in the fight against terrorism
The Council of Europe participated in the Technical workshop on Human Rights
and International Cooperation in Counter-Terrorism which the OSCE Office
for Democratic Institutions and Human Rights (ODIHR) and the United Nations
Office of the High Commissioner for Human Rights organised together with
the Government of Liechtenstein in Vaduz, 15 - 17 November 2006.
Agenda
Council of Europe teams up with UN and OSCE against terrorism
The Council of Europe participated in the Second Sub-regional Expert Workshop
on International Co-operation on Counter-Terrorism, Corruption and the Fight
against Transnational Organised Crime which the United Nations Office on
Drugs and Crime (UNODC) and the Organisation for Security and Co-operation
in Europe (OSCE) organised, in co-operation with the Stability Pact for
South-Eastern Europe, in Bucharest, 13-15 November 2006.
Agenda
Council of Europe and UN co-operate on the fight against
terrorism in Bosnia and Herzegovina
The Council of Europe and UNODC organised a meeting on Technical assistance
on Legislative Implementation and International Cooperation in combating
terrorism together with the Government of Bosnia and Herzegovina in Sarajevo
on 1 November 2006. It resulted in the adoption of a Plan of Action for
Bosnia and Herzegovina.
Agenda -
Plan of Action
Joint OSCE-Council of Europe Expert Workshop on Preventing
Terrorism
The Organization for Security
and Co-operation in Europe (OSCE) organised a joint Expert Workshop on Preventing
Terrorism: Fighting Incitement and Related Terrorist Activities in Vienna
(Austria) on 19 and 20 October 2006.
Agenda - Summary