CODEXTER Council of Europe coet/gmt

1. The Council of Europe and the fight against terrorism 2007 CODEXTER Council of Europe www.coe.int/gmt

2. The reaction to the terrorist attacks of 9/11 • The Committee of Ministers • The Parliamentary Assembly • The European Ministers of Justice At its 109th Session, on 8 November 2001, the Committee of Ministers agreed to take steps rapidly to increase the effectiveness of the existing international instruments of the Council of Europe on the fight against terrorism.

3. The Council of Europe’s reaction to terrorism 3 main cornerstones of reaction Strengthen legal co-operation against terrorism Promote fundamental values Addressing the causes of terrorism

4. Reaction of Council of Europe to terrorism Creation of two intergovernmental committees: • The Multidisciplinary Group on International Action against Terrorism (GMT) (2001-2002) • Committee of Experts on Terrorism (CODEXTER) (created in 2003)

5. The GMT:characteristics and terms of reference 4 aims : • ensure the follow-up in the legal field to the Declaration adopted by the Committee of Ministers on 12 September 2001 • ensure a coherent and co-ordinated approach to the work in the Council of Europe and in other fora • review the operation of, and examine the possibility of updating, existing Council of Europe international instruments applicable to the fight against terrorism, in particular the European Convention on the Suppression of Terrorism • propose action which the Council of Europe could usefully carry out in the fight against terrorism, taking account of the work carried out in other international bodies and within the European Union and hold exchanges of views on the conventions on terrorism being prepared by the United Nations

6. Revision of the European Convention on the Suppression of Terrorism (ETS 90) • The Convention: opened for signature in 1977, entered into force in 1978 • 45 signatures, 44 ratifications • The role of the Convention: to facilitate the extradition of terrorists through the “depoliticisation” of terrorist crimes Aims of revision • Extend the list of crimes to be “depoliticised” • Simplify the amendment procedure • Widen the scope of the Convention

7. The Additional Protocol (ETS 190) Approved by the GMT: December 2002 Adopted by the Committee of Ministers: February 2003 Opened for signature: 15 May 2003 – 45 signatory States Entry into force: Ratification by the States Parties to Convention ETS 90 Currently 26 of 45 States Parties have already ratified

8. Priority areas for action identified by GTM • Adopted by the Committee of Ministers in November 2002 • special investigation techniques; • protection of witnesses and pentiti; • fight against the financing of terrorism; • study the concept of "apologie du terrorisme"; • international law enforcement co-operation; • ID matters in relation to terrorism

9. Committee of Experts on Terrorism (CODEXTER) • Aims : • to periodically revise the results achieved in the implementation of the priority activities • to make appropriate proposals to the Committee of Ministers on any new activities to intensify the Council of Europe’s action in the fight against terrorism, including preventive measures, while preserving and promoting human rights and fundamental freedoms

10. Council of Europe Convention on the Prevention of Terrorism (ETS 196) Approved by the CODEXTER: February 2005 Adopted by the Committee of Ministers: May 2005 Opened for signature: 16 May 2005 Entry into force: Ratification by 6 States 41 signatures and 7 ratifications. Convention entered into force on 1 June 2007

11. "Apologie du terrorisme" • Aims: • The definitions used in relation to terrorism • The concepts of "apologie du terrorisme" and the search for an equal balance between freedom of expression and the need to prevent terrorism. • Results: • Publication of "Apologie du terrorisme" and "Incitement to terrorism" (2004) • Inclusion of the provision to the Convention for the prevention of terrorism on “Public provocation to commit a terrorist offence” (Article 5)

12. Special Investigation Techniques • Aim : • to study the use of special investigation techniques respectful of European criminal justice and human rights standards. • Result : • Adoption of the Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism on 20 April 2005. • Publication of “Terrorism: Special investigation techniques” (2005)

13. Protection of witnesses and pentiti • Aim: • to study the means for strengthening the protection of witnesses and pentiti in relation to acts of terrorism. • Recommendation (97)13 concerning intimidation of witnesses and the rights of the defence. • Results: • Adoption of Recommendation Rec(2005)9 of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice on 20 April 2005. • Publication of “Terrorism: Protection of witnesses and collaborators of justice” (2006)

14. The fight against financing of terrorism • Council of Europe activities in this field concentrate on: • MONEYVAL – evaluation and peer pressure mechanism that reviews the anti-money laundering measures and measures to counter the financing of terrorism in Council of Europe member States, which are not members of the Financial Action Task Force (FATF). • Review of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141), carried out by PC-RM, that has become necessary after adoption of the Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism [CETS No. 198].

15. Convention [CETS No. 198] Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism Approved by the CDPC: March 2005 Adopted by the Committee of Ministers: May 2005 Opened for signature: 16 May 2005 Entry into force: Ratification by 6 States Currently 27 States have signed and 4 have ratified

16. Convention [CETS No. 198] Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism • The Convention will allow to : • quickly identify the goods or bank accounts and rapidly freeze the funds; • quickly access to financial information or information on assets held by criminal organisations; • develop an efficient cooperation among the Financial Intelligence Units • The Convention also includes a mechanism to ensure the proper implementation by parties of its provisions.

17. International Law Enforcement Co-operation • Aims: • To improve mutual assistance in criminal matters, in view also of obtaining evidence • To intensify and accelerate exchange of information, in particular concerning the actions and movements of terrorists and of terrorist groups. • 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).

18. ID matters in relation to terrorism • Aims: • to strengthen document security; • to facilitate the access of national authorities to documentary registers; • to facilitate the identification of persons who have changed their names or who have several different names , nationalities, travel or ID documents; • to facilitate the notification and registering of events occurring in other countries which affect an individual’s identity; • to promote the use of scientific identification in identity documentation. • Results: • Adoption of Recommendation Rec(2005)7 of the Committee of Ministers to member states concerning identity and travel documents and the fight against terrorism on 30 March 2005.

19. Current priorities To strengthen legal action against terrorism: • the preparation of country profiles on counter-terrorism capacity; • exchanges of information and best practice on compensation and insurance schemes for the victims of terrorism; • monitoring the signatures and ratifications of the above-mentioned conventions and promotion of their early entry into force. In addition to the above-mentioned activities, the CODEXTER pursues its work aimed at identifying gaps in international law and action against terrorism and proposing ways and means to fill them.

20. Country profiles Country profiles are short reports, which provide information on the legislative and institutional capacity of Council of Europe member and observer states to fight against terrorism. The profiles are available at the website: www.coe.int/gmt

21. Victims of terrorist acts • The CODEXTER pursues regular exchanges of information and best practice on the national level on protection and compensation in relation to victims. • Considerable number of Recommendations on the issue • Guidelines on the protection of victims of terrorist acts (2005) • On 14 June 2006 the Committee on Ministers has adopted Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims.

22. Guidelines on Human Rights and the Fight against Terrorism • Adoption by the Committee of Ministers: 11 July 2002 • Aim: to help States to contribute effectively to the fight against terrorism whilst respecting human rights and fundamental freedoms and to show that it is possible to reconcile the needs of the defence of society with the protection of fundamental rights and freedoms. This is the first international legal document dealing with this issue. • Contents: 17 principles setting the limits States must impose in their fight against terrorism, in the light of international texts and the case-law of the European Court of Human Rights. • Guidelines on the Protection of Victims of Terrorist Acts, adopted by the Council of Ministers on 5 March 2005.

23. Monitoring of signatures and ratifications of conventions against terrorism • Since its 10th session CODEXTER conducted a thematic review on the implementation of Council of Europe conventions against terrorism: • Accession to Council of Europe conventions against terrorism: • Situation of States in relation to signatures/ratifications of the conventions; • Obstacles or difficulties to pursue the process of accession. • Implementation, in particular, of theCouncil of Europe Convention on the Prevention of Terrorism.

24. Conventions of the Council of Europe • The European Convention on the Suppression of Terrorism [ETS No. 90]. • Council of Europe Convention on the Prevention of Terrorism [ETS No. 196] • Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism [ETS No. 198] • The European Convention on Extradition (ETS No. 24) and its 2 Additional Protocols (ETS Nos 86 and 98) • The European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) and its Additional Protocols (ETS Nos 99 and 182) • The European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73) • The European Convention on the Compensation of Victims of Violent Crimes (ETS No. 116) • The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141). • The Convention on Cybercrime (ETS No. 185) and its Additional Protocol (ETS No. 189)