22-24 November 2011

1. Opening of the meeting

2. Adoption of the agenda

3. Points for information

  • a. Reform of the Council of Europe
  •  b. State of procedure of the adoption of the draft Fourth additional Protocol to the European Convention on Extradition
  •  c. Recent signatures and ratifications
  •  d. Opinion of the CDPC on PACE Recommendation 1953 (2011) – “The obligation of member and observer states of the Council of Europe to co-operate in the prosecution of war crimes”:
    CDPC (2011)05
  • e. Presentation and content of the PC-OC website: PC-OC INF 77 (Restricted)
    · List of competent authorities in respect of Articles 13 and 15.3 of the European Convention on Mutual Assistance in Criminal Matters:  PC-OC INF 77 (Restricted)
    · Relevant Case law: PC-OC (2011) 21 English only
    · Useful links: PC-OC (2011)25 Bil.

4. Consideration of the replies to the questionnaire on jurisdiction and transfer of proceedings and follow-up

5. Draft proposals for practical measures to facilitate the application of conventions on international co-operation in criminal matters

6. Consideration of the feasibility of proposing simplified procedures for the amendment of the European Treaties on co-operation in criminal matters

7. Possibilities to encourage and facilitate the review of existing declarations and reservations to the European Treaties on co-operation in criminal matters

  • PC-OC (2011)18 (Restricted)

8. Practical problems and concrete cases concerning the implementation of conventions

  • a. Consideration of the feasibility and necessity of collecting technical information from Parties to the Second Additional Protocol of the Convention on Mutual Legal Assistance in Criminal Matters concerning the use of hearings by video conference:
    PC-OC (2011)12 (English only)
    PC-OC (2011)20 (Restricted - English only)
  • b. Consideration of ways to ensure the authenticity of communications forwarded by electronic means (as referred to in Article 6 of the Draft Fourth Additional Protocol to the European Convention on Extradition)
  • c. Discussion on possible consequences of the draft EU Directive on common procedures for granting and withdrawing international protection status (asylum)on extradition procedures, presented by Mr Jakub Pastuszek (Czech Republic):
    PC-OC (2011)24 (English only)
  • d. Discussion on the relationship between extradition and expulsion (disguised extradition), reflection paper prepared by Mr Eugenio Selvaggi (Italy):
    PC-OC (2011)09rev
  • e. Discussion on “dual criminality in abstracto or in concreto” reflection paper prepared by Mr Eugenio Selvaggi (Italy):
    PC-OC (2011)19
  • f. Discussion on the issue of “in absentia cases” in connection with Article 3 of the Second Additional Protocol to the European Convention on Extradition and consideration of the draft questionnaire prepared on this:
    PC-OC (2011)22
    Judgments in absentia: PC-OC (1998) 7 (English only)
  • g. other issues

9. Follow-up to be given to the following documents proposed by by Mr Miroslav Kubicek (Czech Republic)

  • PC-OC (2011)07 rev
  • Consolidated document reflecting the applicable provisions of the European convention on Extradition, and the additional Protocols thereto:
    PC-OC (2011)07rev2 (English only)
  • Consolidated document reflecting the applicable provisions of the European Convention on Mutual Assistance in Criminal Matters and its two Additional Protocols:
    PC-OC (2011)15rev (English only)

10. Election of the Chair and the vice-Chair of the Committee

11. Composition of the PC-OC Mod

12. Any other business

13. Dates of the next meetings

Background documents

  • “New Start” Report:
    PC-S-NS (2002) 7
  • Proposals of the PC-OC concerning normative measures:
    PC-OC (2007) 06
  • List of decisions of the 60th meeting of the PC-OC:
    PC-OC (2011)13
  • List of decisions of the 12th enlarged meeting of the PC-OC Mod:
    PC-OC Mod (2011)02
  • List of decisions of the 60th meeting of the CDPC:
    CDPC(2011)18
  • Discussion paper prepared by the Secretariat on future activities and priorities of the PC-OC:
    PC-OC (2010) 06
  • Options for consolidating the Council of Europe instruments on extradition:
    PC-OC (2010) 04
  • Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods