Acting against crime and preventing crime are some of the ways in which States protect the rule of law. Such action and prevention should always be pursued while respecting fundamental human rights.
The 14th United Nations Congress on Crime Prevention and Criminal Justicewill explore a vast range of aspects arising out of crime prevention and the consequences of crime, including economic crime. The UN Congress, and the context in which it is placed, confirms the relevance and added value of the Council of Europe in this field. It also illustrates how new issues continuously emerge and benefit from being examined and addressed through a multilateral and inter-governmental approach.
The Council of Europe is contributing to this flagship event and will raise awareness about its work in these areas. Special events supported by the Organisation will focus on combating cyber crime and on promoting the abolition of the death penalty.
Presentation of the Council of Europe’s work in the field of action against crime while protecting human rights.
This includes standard-setting, monitoring and technical assistance and is aimed at helping Council of Europe member States implement their obligations under the organisation’s binding treaties and soft law instruments.
The challenge: Governments have the positive obligations to protect individuals effectively against cybercrime (including through criminal law) while at the same time respecting rule of law requirements. The meeting will discuss what this means in practice, including risks and safeguards within a context where cybercrime and its victims, offenders, devices and electronic evidence may involve multiple jurisdictions. Specific questions include:
What are the requirements to ensure both an effective criminal justice response and meeting rule of law requirements?
What is needed in terms of criminalisation of offences against and by means of computers and what are the risks in terms of the rule of law and human rights?
What powers should criminal justice authorities have and what conditions and safeguards apply to limit such powers and prevent misuse?
What is required in terms of public/private and international cooperation regarding cybercrime and electronic evidence and what mechanisms of cooperation and safeguards apply where evidence may be stored on servers in the cloud, that is multiple, unknown or shifting jurisdictions
The meeting will present examples of current responses to these challenges but also additional solutions that are currently being developed to ensure a more effective criminal justice response while maintaining a high level of rule of law protections.
This ancillary meeting seeks to inform on the present status of the death penalty in the world, including its associated violations of international human rights law and standards, as well as provide a platform for discussion on experiences and best practice on how to overcome common obstacles to its abolition.
Amnesty International publishes annual figures on the global use of the death penalty and will provide an update on most recent trends and concerns on violations of UN safeguards guaranteeing protection of the rights of those facing the death penalty, adopted by ECOSOC in its resolution 1984/50, and other invited speakers, who have been involved in studying and reforming the death penalty in different regions, will address perceived challenges to reform and share about best practice from their direct experiences.
There will be significant time allocated for questions and discussions, to make the event an opportunity to exchange views on this important issue.