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CM/Del/Dec(2004)884/10.2E / 25 May 2004 | Specific terms of reference of the PC-TI

1. Name of Committee: Committee of Experts on special investigation techniques (PC-TI)

2. Type of Committee: Committee of Experts

3. Source of terms of reference: European Committee on Crime Problems (CDPC)

4. Terms of reference:

Pursuant to:

- the decisions taken by the Committee of Ministers at its 111th Session (6-7 November 2002);

- the decisions taken by the Committee of Ministers at the 816th meeting of the Ministers' Deputies (13 November 2002, item 1.5);

- the decisions taken by the Committee of Ministers at the 864th meeting of the Ministers' Deputies (4 December 2003, item 10.1);

Taking into account:

- Recommendation Rec(2001)11 concerning guiding principles on the fight against organised crime;

- Articles 17-20 of the 2nd Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182);

- Articles 19-21 of the Convention on Cybercrime (ETS No. 185);

- Article 4 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141);

- Article 23 of the Criminal Law Convention on Corruption (ETS No. 173);

- the reports of the Multidisciplinary Group on International Action against Terrorism (GMT) (documents CM(2002)57 and 148);

- the Guidelines on Human Rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002;

- Resolution No. 1 on Combating Terrorism adopted by the European Ministers of Justice at their 25th Conference (Sofia, 9-10 October 2003);

- the reports of the Committee of Experts on Terrorism (CODEXTER);

- the work of other international institutions active in the field of special investigation techniques;

- the final report on special investigation techniques in relation to acts of terrorism prepared by the Committee of Experts on special investigation techniques in relation to Acts of Terrorism (document PC-TI(2003)11 rev),

On the basis of the conclusions of the final report on special investigation techniques in relation to acts of terrorism prepared by the Committee of Experts on Special Investigation Techniques in relation to Acts of Terrorism, and with a view to the development of common principles governing the use of special investigation techniques and the improvement of international co-operation in matters related to the use of special investigation techniques, including in relation to acts of terrorism, the Committee is called upon:

- as a matter of priority to draw up a recommendation taking into account the relevant international instruments already adopted, in particular within the Council of Europe;

- where appropriate, and upon request, to advise other Council of Europe Committees on the development of standards aiming to improve the conventional framework in this field.

5. Membership of the Committee:

a. States whose governments are entitled to appoint members: all member states.

b. Desirable qualifications of persons serving on the Committee: experts on criminal law, criminal procedure and international co-operation in criminal matters.

c. One representative of the Committee of Experts on terrorism (CODEXTER).

d. The Council of Europe budget will bear the travelling and subsistence expenses of:

e. The European Commission and the Secretariat General of the Council of the European Union may send representatives to the meetings of the Committee, without the right to vote or defrayal of expenses.

f. The Observer States to the Council of Europe and applicant States for Council of Europe membership may send representatives to the meetings of the Committee, without the right to vote or defrayal of expenses.

g. The following international organisations and bodies may send representatives to the meetings of the Committee without the right to vote or defrayal of expenses:

UN and its specialised bodies,
ICPO-Interpol,
Europol,
OSCE,
ICRC.

h. The Bureau of the CDPC may authorise the admission of further observers to the Committee.

6. Structures and working methods:

The Committee may set up working parties, conduct hearings of experts and have recourse to consultants.

7. Duration:

These terms of reference will expire on 31 December 2005.