Doc 9228 rev.

24 September 2001

Democracies facing terrorism

Report

Political Affairs Committee

Rapporteur: Mr Terry Davis, United Kingdom, Socialist and Chairman of the Political Affairs Committee

I.       Draft resolution

__________________

Appendix:

1.       Committee of Ministers’ decision of 21 September 2001

2.       Conclusions and Plan of Action of the Extraordinary European Council meeting (21 September 2001)

3.       Recommendation 1426 (1999) on European democracies facing up to terrorism

4.       Reply of the Committee of Ministers to Recommendation 1426 (1999) adopted on 18 July 2001;

5.       Declaration by the Committee of Ministers of 12 September 2001 (625)

6.       United Nations Security Council Resolution 1368 (2001) (12 September 2001)

7.       European Convention on the Suppression of Terrorism (ETS 90) Terrorism and chart of signatures and ratifications.

8.       International Convention for the Suppression of the Financing of Terrorism and chart of signatures and ratifications.

Reporting committee : Political Affairs Committee

Reference to committee : Request for an urgent debate, Reference 2629, 24/09/01,

Draft resolution and recommendation unanimously adopted by the committee on 24 September 2001

Members of the committee : Davis (Chairman), Jakic (Vice-Chairman), Baumel (Vice-Chairman), Toshev (Vice-Chairman), Adamia, Aliyev (alternate : Seyidov), Arzilli, Atkinson (alternate : Jones),  Azzolini (alternate : Provera), Bakoyianni, Bársony, Behrendt, Berceanu, Bergqvist, Bianco (alternate :Danieli), Björck, Blaauw (alternate : van der Linden), Bühler, Cekuolis, Clerfayt, Daly, Demetriou, Derycke, Diaz de Mera (alternate : Sole Tura), Dokle, Dreyfus-Schmidt, Durrieu,  Feric-Vac, Frey, Fyfe, Gjellerod, Glesener, Gligoroski, Gross, Gönül, Hornhues, Hovhannisyan, Hrebenciuc, Irtemçelik, Ivanenko, Iwinski, Karpov, Kautto, Kilclooney of Armagh, Kotsonis, Krzaklewski, Loufti, Martinez-Casan (alternate : Puche), Medeiros Ferreira, Mota Amaral, Mutman, Naudi Mora, Neguta, Nemkova, Neuwirth, Ojuland, Oliynyk, Paegle, Prisacaru, Prusak, de Puig, Ragnarsdottir, Ranieri, Rogozin, Schieder, Schloten, Spindelegger, Stepová, Surjan, Thoresen (alternate : Simonsen), Timmermans (alternate :Zwerver), Udovenko, Vakilov, Vella, Weiss, Wielowieyski, Wohlwend, Zacchera (alternate : de Zulueta), Zuiganov,

N.B. The names of the members who took part in the meeting are printed in italics

Secretaries of the committee : Mr Perin, Mrs Ruotanen, Mr Sich, Mr Adelsbach

APPENDIX I

Committee of Ministers’ decision of 21 September 2001

765bis meeting – 21 September 2001

Item 2.1

Fight against international terrorism (Committee of Ministers’ Declaration of 12 September 2001)

(CM/Del/Dec(2001)761/10.7 (reply to Parliamentary Assembly Recommendation 1426 (1999) on European Democracies facing up to terrorism), CM/Del/Dec(2001)763/1.3, CDDH(99)16, DSP(2001)20)

Decisions

The Deputies

1.       reaffirmed their sympathy and solidarity with the American people as well as with the families of all the victims of the terrorist attacks on New York, Washington DC, and in Pennsylvania, as expressed in the Declaration adopted by the Committee of Ministers on 12 September 2001 on the fight against international terrorism;

2.       bearing in mind all the victims of terrorism, reaffirmed their determination to fight all forms of terrorism by all appropriate means within the competence of the Council of Europe;

3.       urged the member states which have not yet done so to sign and ratify the European Convention on the Suppression of Terrorism (ETS no. 90), for the time being a treaty limited to member states;

4.       further urged both member and observer states which have not yet done so to sign and ratify the following open conventions in the criminal field:

as well as the following conventions which will soon be opened for signature:

5.       called on signatory states to the conventions mentioned under decisions 3 and 4 above, which have entered reservations to consider withdrawing them or limiting their number, with a view to rendering those conventions as effective as possible;

6.       noted with interest a proposal for the establishment of a Multidisciplinary Group on Terrorism (GMT) dealing with criminal, civil and administrative matters, under the auspices of the European Committee on Crime Problems (CDPC) and European Committee on Legal Co-operation (CDCJ);

7.       invited the Secretary General, after evaluation of the various options, to propose inter alia draft terms of reference for such a group, these to include the need to review the European Convention on the Suppression of Terrorism bearing in mind Recommendation 1426 (1999) of the Parliamentary Assembly on “European Democracies facing up to terrorism”;

8.       decided to give high priority to the activity currently being carried out by the “Reflection Group on developments in international cooperation in criminal matters” (PC-S-NS) and instructed the latter to intensify its efforts in searching new and more effective means of cooperation in the criminal field, including with respect to terrorism, as well as fostering coordination between international organisations and institutions working in that field;

9.       instructed the European Committee on Crime Problems (CDPC) to exchange views regularly on conventions on terrorism under preparation within the United Nations with a view to coordinating positions of member states, with a view to co-ordinating positions of member states;

10.       instructed the Committee of legal advisers on public international law (CAHDI), possibly through its Observatory on reservations to international treaties, to examine the question of reservations to regional and universal conventions relating to terrorism and proceed to exchanges of views – to which observers should be associated - on conventions on terrorism under preparation within the United Nations, with a view to co-ordinating positions of member states;

11.       instructed the Secretary General to make urgent proposals, in the framework of preparation of the 2002 budget, for increasing relevant activities such as expertise offered to member states for the elaboration of legislation in criminal matters and criminal procedures, relevant to the fight against terrorism or concerning the signature and ratification of conventions in criminal matters, and including the possibility of intensifying the programmes related to training of legal professions and police forces;

12.       instructed the Steering Committee for Human Rights (CDDH) to draw up guidelines based on democratic principles for dealing with movements threatening the fundamental values and principles of the Council of Europe, in the light of the report prepared by its Group of Specialists (CDDH(99)16);

13.       decided to pay particular attention to the prevention of terrorism when they examine the Draft Programme of Activities for 2002, in particular as regards the two Integrated Projects “Responses to violence in everyday life in a democratic society” and “Making democratic institutions work: elections” and to examine the possibility of a third Integrated Project specifically devoted to the fight against terrorism;

14.       decided to include the fight against terrorism and the contribution of the Council of Europe to it, as well as the possibility of opening the European Convention on the Suppression of Terrorism (ETS No. 90) to non-member states, starting with the observer states, on the draft agenda for the 109th ministerial Session, to which high-level delegations from observer states could be invited;

15.       invited the Secretary General to proceed with the appropriate consultations with observer states in the above context;

16.       invited the Secretary General to present a report to the ministerial Session on progress, in the various fields of the Council of Europe’s competence, in the fight against terrorism.

APPENDIX II

CONCLUSIONS AND PLAN OF ACTION OF THE

EXTRAORDINARY EUROPEAN COUNCIL MEETING

ON 21 SEPTEMBER 2001

The European Council met in extraordinary session on 21 September 2001 in order to analyse the international situation following the terrorist attacks in the United States and to impart the necessary impetus to the actions of the European Union.

Terrorism is a real challenge to the world and to Europe. The European Council has decided that the fight against terrorism will, more than ever, be a priority objective of the European Union.

Moreover, the European Union categorically rejects any equation of groups of fanatical terrorists with the Arab and Muslim world.

The European Council reaffirms its firm determination to act in concert in all circumstances.

1. SOLIDARITY AND COOPERATION WITH THE UNITED STATES

The European Council is totally supportive of the American people in the face of the deadly terrorist attacks. These attacks are an assault on our open, democratic, tolerant and multicultural societies. They are a challenge to the conscience of each human being. The European Union will cooperate with the United States in bringing to justice and punishing the perpetrators, sponsors and accomplices of such barbaric acts. On the basis of Security Council Resolution 1368, a riposte by the US is legitimate. The Member States of the Union are prepared to undertake such actions, each according to its means.

The actions must be targeted and may also be directed against States abetting, supporting or harbouring terrorists. They will require close cooperation with all the Member States of the European Union.

Furthermore, the European Union calls for the broadest possible global coalition against terrorism, under United Nations aegis. In addition to the European Union and the United States, that coalition should include at least the candidate countries, the Russian Federation, our Arab and Muslim partners and any other country ready to defend our common values. The European Union will step up its action against terrorism through a coordinated and inter-disciplinary approach embracing all Union policies.

It will ensure that that approach is reconciled with respect for the fundamental freedoms which form the basis of our civilisation.

2. THE EUROPEAN POLICY TO COMBAT TERRORISM

The European Council approves the following plan of action:

_ Enhancing police and judicial cooperation

1. In line with its conclusions at Tampere, the European Council signifies its agreement to the introduction of a European arrest warrant and the adoption of a common definition of terrorism.

The warrant will supplant the current system of extradition between Member States. Extradition procedures do not at present reflect the level of integration and confidence between Member States of the European Union.

Accordingly, the European arrest warrant will allow wanted persons to be handed over directly from one judicial authority to another. In parallel, fundamental rights and freedoms will be guaranteed.

The European Council directs the Justice and Home Affairs Council to flesh out that agreement and to determine the relevant arrangements, as a matter of urgency and at the latest at its meeting on 6 and 7 December 2001.

In addition, the European Council instructs the Justice and Home Affairs Council to implement as quickly as possible the entire package of measures decided on at the European Council meeting in Tampere.

2. The European Council calls upon the Justice and Home Affairs Council to undertake

identification of presumed terrorists in Europe and of organisations supporting them in order to draw up a common list of terrorist organisations. In this connection improved cooperation and exchange of information between all intelligence services of the Union will be required. Joint investigation teams will be set up to that end.

3. Member States will share with Europol, systematically and without delay, all useful data regarding terrorism. A specialist anti-terrorist team will be set up within Europol as soon as possible and will cooperate closely with its US counterparts.

The European Council trusts that a cooperation agreement will be concluded between Europol and the relevant US authorities by the end of the year.

_ Developing international legal instruments

4. The European Council calls for all existing international conventions on the fight against terrorism (UN, OECD, etc.) to be implemented as quickly as possible. The European Union supports the Indian proposal for framing within the United Nations a general convention against international terrorism, which should enhance the impact of the measures taken over the last twenty-five years under UN aegis.

_ Putting an end to the funding of terrorism

5. Combating the funding of terrorism is a decisive aspect. Energetic international action is required to ensure that that fight is fully effective. The European Union will contribute to the full.

To that end, the European Council calls upon the ECOFIN and Justice and Home Affairs Councils to take the necessary measures to combat any form of financing for terrorist activities, in particular by adopting in the weeks to come the extension of the Directive on money laundering and the framework Decision on freezing assets. It calls upon Member States to sign and ratify as a matter of urgency the United Nations Convention for the Suppression of the Financing of Terrorism.

In addition, measures will be taken again non-cooperative countries and territories identified by the Financial Action Task Force.

_ Strengthening air security

6. The European Council calls upon the Transport Council to take the necessary measures to strengthen air transport security at its next meeting on 15 October. These measures will cover in particular:

– classification of weapons;

– technical training for crew;

– checking and monitoring of hold luggage;

– protection of cockpit access;

– quality control of security measures applied by Member States.

Effective and uniform application of air security measures will be ensured in particular by a peer review to be introduced in the very near future.

_ Coordinating the European Union's global action

7. The European Council instructs the General Affairs Council to assume the role

of coordination and providing impetus in the fight against terrorism. Thus, the General Affairs Council will ensure greater consistency and coordination between all the Union's policies.

The Common Foreign and Security Policy will have to integrate further the fight against

terrorism. The European Council asks the General Affairs Council systematically to evaluate the European Union's relations with third countries in the light of the support which those countries might give to terrorism.

The General Affairs Council will submit an overall report on these issues to the next

European Council.

3. THE UNION'S INVOLVEMENT IN THE WORLD

The fight against terrorism requires of the Union that it play a greater part in the efforts of

the international community to prevent and stabilise regional conflicts. In particular, the

European Union, in close collaboration with the United States, the Russian Federation and partners in the Arab and Muslim world, will make every endeavour to bring the parties to the Middle East conflict to a lasting understanding on the basis of the relevant United Nations resolutions.

It is by developing the Common Foreign and Security Policy (CFSP) and by making the

European Security and Defence Policy (ESDP) operational at the earliest opportunity that the Union will be most effective. The fight against the scourge of terrorism will be all the more effective if it is based on an in-depth political dialogue with those countries and regions of the world in which terrorism comes into being.

The integration of all countries into a fair world system of security, prosperity and improved development is the condition for a strong and sustainable community for combating terrorism.

The members of the European Council issue an appeal to the international community to pursue, in all multilateral fora, dialogue and negotiation with a view to building, at home and elsewhere, a world of peace, the rule of law and tolerance. In this respect, the European Council emphasises the need to combat any nationalist, racist and xenophobic drift, just as it rejects any equation of terrorism with the Arab and Muslim world.

The European Union will give special attention to the problem of refugee flows.

The European Council asks the Commission to set up urgently an aid programme

particularly for Afghan refugees.

4. WORLD ECONOMIC PROSPECTS

The events of 11 September mean that the slowdown of the economy will be more pronounced than foreseen. The members of the European Council will remain vigilant. The members of the European Council welcome the concerted action by the European Central Bank, the US Federal Reserve Bank and other central banks, on both sides of the Atlantic, which should provide the financial markets with further leeway.

The European Council calls upon the Commission to submit an analysis of trends in the economic situation and any recommendations to the next European Council.

Stability, which is the fruit of the policies and structural reforms put in place by the European Union over latter years, is enabling the Union to face up to such a situation. Thanks to the single currency, the countries of the euro zone are sheltered from the shocks associated with monetary fluctuations.

The forthcoming putting into circulation of the euro will make it possible for each of us to become aware of the positive effects of this increased stability.

At the same time, the efforts made to consolidate public finances have provided the necessary room for manoeuvre to enable automatic stabilisers to come into play. They have also enabled the European Central Bank to play a central role in facing up to the shock affecting European economies. In the present circumstances, such action should suffice to restore consumer confidence.

The European Council reaffirms its commitment to respect the framework, rules and application in full of the stability and growth pact.

The European Council welcomes the decision of OPEC to ensure the continuity of oil supplies.

*

* *

The European Council has asked the Presidency to establish contact with the candidate countries for accession so that the latter may associate themselves with these conclusions.

The European Council has decided to send a ministerial troika mission to present the

European Union's position to certain partners, particularly in the Middle East.

The European Council has asked the Presidency of the European Union to convey and explain the outcome of the extraordinary European Council meeting on 21 September 2001 to the highest authorities of the United States.

APPENDIX III

Recommendation 1426 (1999) (1)

European democracies facing up to terrorism

(Extract from the Official Gazette of the Council of Europe - September 1999)

1. In its Resolution 1132 (1997) the Assembly decided to invite parliamentarians and experts to a conference aimed at strengthening democratic systems in Europe and co-operation in the fight against terrorism. In October 1997 this initiative received the support of the 2nd Summit of Heads of State and Government of the Council of Europe.

2. The parliamentary conference on European Democracies Facing Up to Terrorism, which the Committee on Legal Affairs and Human Rights was responsible for organising, took place in Strasbourg from 14 to 16 October 1998.

3. Terrorism in Council of Europe member states assumes a variety of forms, but its invariable aim is to undermine democracy, parliamentary institutions and the territorial integrity of states. Terrorism represents a serious threat to democratic society, whose moral and social fibre is affected by it. It attacks the most fundamental human right, the right to life, and for that reason must be totally condemned.

4. The Assembly strongly and unequivocally condemns recent explosions of apartment buildings in various cities of the Russian Federation and reiterates its position that terrorist acts cannot have any justification whatsoever. The Assembly expresses sympathy to families of the victims of these barbaric acts and hopes that the Russian Federation will be able to overcome the terrorist menace without deviation from the democratic process and bring the criminals responsible for these attacks to justice.

5. The Assembly considers an act of terrorism to be "any offence committed by individuals or groups resorting to violence or threatening to use violence against a country, its institutions, its population in general or specific individuals which, being motivated by separatist aspirations, extremist ideological conceptions, fanaticism or irrational and subjective factors, is intended to create a climate of terror among official authorities, certain individuals or groups in society, or the general public".

6. The Council of Europe and its member states should take concrete steps to facilitate co-operation in combating terrorism. Anti-terrorist measures should include, inter alia, exchanges of information, detention and extradition of persons accused of terrorist crimes, and uncovering and cutting off the channels through which terrorists are provided with weapons, explosives and financial means.

7. To prevent the ethnic or religious tensions that are liable to give rise to terrorist phenomena, democratic states should respect social and political pluralism by taking into account the legitimate aspirations of minorities and respecting cultural characteristics.

8. However, the Assembly considers that no support, even of a moral kind, should be given to any organisation advocating or encouraging violence as a method of settling political, economic and social conflicts.

9. The prevention of terrorism also depends on education in democratic values and tolerance, with the eradication of the teaching of negative or hateful attitudes towards others and the development of a culture of peace in all individuals and social groups.

10. The Assembly, recognising the vital importance of free media in a pluralistic democracy, acknowledges that the media too have a responsible role to play by reporting terrorist actions and by firmly refusing to allow themselves to be exploited by terrorism.

11. The Assembly believes that the fight against terrorism should be conducted on the basis of respect for the rule of law and the fundamental rights and freedoms of individuals, and it therefore regards recourse to special legislation as inadvisable.

12. Recognising the importance of respect for the rule of law, effective judicial and police co-operation on a continental scale is necessary to combat terrorism. The Assembly therefore welcomes the creation of Europol, even though it is confined to the fifteen member countries of the European Union. Furthermore, since terrorism is not restricted to Europe, it is important to co-ordinate European initiatives with other international initiatives.

13. The conventions of the Council of Europe, whether they be the 1977 European Convention on the Suppression of Terrorism or the 1957 European Convention on Extradition, should be reviewed in the light of experience to make them more effective in the fight against terrorism.

14. The European Convention on the Suppression of Terrorism, by failing to cover all criminal offences capable of being considered terrorist actions or collaboration with these actions, does not enable terrorism to be combated as effectively as would be desirable.

15. The European Convention on Extradition, by enabling extradition to be refused if the offence is a political one, should be modified to prevent abuses of the right to asylum for terrorists.

16. The Assembly recommends that the Committee of Ministers:

i.        revise the European Convention on the Suppression of Terrorism, of 27 January 1977, by broadening the definition of criminal offences of a terrorist nature to include preparatory acts, the membership of associations and the funding and setting up of logistics to perpetrate these kinds of offences;

ii.        consider as terrorist acts not only attacks against persons but also attacks against property and material resources;

iii.        delete Article 13 of the European Convention on the Suppression of Terrorism;

iv.        amend the European Convention on Extradition, of 13 December 1957, by defining the concept of a political offence and proposing a simplified extradition procedure, with measures to avoid abuse of the right of asylum;

v.        consider the possibility of setting up a European criminal court to try terrorist crimes in certain cases;

vi. consider the establishment of a procedure whereby, in certain cases, a person accused of committing a terrorist offence could be charged and tried for such an offence in a country other than the one in which the offence was committed;

vii.        initiate co-operation with the United Nations’ Special Committee on Terrorism to consolidate the general legal framework of conventions on international terrorism;

viii. encourage member states to co-operate together more closely within Interpol, and examine, in conjunction with the European Union, the possibility of extending the Europol convention to all Council of Europe member states and establishing a Europol judicial control system;

ix. envisage the preparation of a civic education textbook for all schools in Europe so as to combat the spread of extremist ideas and advocate tolerance and respect for others as an essential basis of community life;

x.        consider the incorporation of the principle of fuller protection for victims of terrorist acts at both national and international level;

xi. invite Council of Europe member states to incorporate the principle aut dedere aut iudicare2 in their criminal legislation;

xii. invite member states to strengthen bilateral co-operation in respect of their judicial authorities, police forces and intelligence services.

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1. Assembly debate on 20 September 1999 (25th Sitting) (see Doc. 8507, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr López Henares; and Doc. 8513, opinion of the Political Affairs Committee, rapporteur: Mrs Stanoiu).

Text adopted by the Assembly on 23 September 1999 (30th Sitting).

______

2. That is, "either extradite or try".

APPENDIX IV

European Democracies facing up to terrorism

Recommendation 1426 (1999)

Reply from the Committee of Ministers

adopted at the 761st meeting of the Ministers’ Deputies (18 July 2001)

1.       The Committee of Ministers has carefully examined Parliamentary Assembly Recommendation 1426 (1999), “European democracies facing up to terrorism”.

2.       This is not the first time that the Assembly has expressed concern at the resurgence of acts of terrorism and called for increased European co-operation to combat this evil. As it has always done in the past, the Committee of Ministers supports again the Assembly condemning acts of terrorism in all its forms irrespective of motive, wherever and by whomever committed.

3.       At their 108th Session (Strasbourg, 10-11 May 2001), the Ministers strongly condemned all forms of terrorism and ethnically motivated violence and referred to the Committee of Ministers’ intention to discuss possible intensification of international action against terrorism.

4.       The Assembly proposes a lengthy series of measures to make co-operation between European states more effective. The Committee of Ministers also wishes everything possible to be done to ensure that no terrorist crime goes unpunished. In the context of such co-operation, and in accordance with international obligations and national legislation, the Committee of Ministers wishes that all appropriate steps be taken to deny terrorists safe haven. Depending on circumstances, however, it does not think it either necessary or opportune to take all the action recommended by the Assembly in respect of existing European and universal conventions, or existing forms of co-operation between police forces, judicial authorities, the national security services or specialised international organisations. The Committee of Ministers recalls that the Council of Europe has adopted the European Convention on the suppression of terrorism (ETS No. 90), entered into force on 4 August 1978. In this respect, it urges states to ensure a more effective application of this Convention, one of the main problems being the important number of reservations made to this Convention. The Committee of Ministers is waiting for the outcome of the examination to be carried out by the CDPC concerning the ways in which co-operation – both judicial and police co-operation – is organised in Europe. In this respect, the CDPC might possibly take certain of the Assembly’s proposals into consideration.

5.       The Committee of Ministers asks the Assembly to examine the appended opinion from the European Committee on Crime Problems (CDPC), which provides a full picture of the present state of European co-operation in this area, and of the work which the CDPC will itself be doing in connection with its efforts to stimulate international co-operation on crime problems. This opinion concerns Sections 16(i) to 16(xii) of the Recommendation, with the exception of Section 16(ix).

6.       As far as the last-named section is concerned, the Committee of Ministers refers to the important work on education for democratic citizenship conducted for years under the auspices of the Council for Cultural Co-operation. The results of this major project were presented at the final conference, which was held in Strasbourg on 14-16 September 2000. The conclusions of the conference, and also the research, analyses and case studies on which they are based, will enable governments, educationalists and socio-cultural operators to draw on analyses, on practical experience gained in the field and on educational instruments designed to inculcate tolerance and respect for others.

7.       The Committee of Ministers also refers to another important conference, the European conference against racism, which was held in Strasbourg from 10 to 13 October 2000, and which also opened up new prospects for political reflection and action to promote the values of equality, tolerance and humanism championed by the Council of Europe.

8.       Finally, concerning Section 16(v), the Committee of Ministers will return to the question raised by the Assembly with its reply - still under consideration - to Recommendation 1458 (2000), “Towards a uniform interpretation of the Council of Europe conventions: creation of a general judicial authority”.

9.       The Committee of Ministers has forwarded Recommendation 1426 (1999) to the governments of the member states.

(Appendix)

Opinion of the European Committee on Crime Problems (CDPC)

on Parliamentary Assembly Recommendation 1426 (1999)

on European democracies facing up to terrorism

1.       Reminder

The European Convention on the Suppression of Terrorism (ETS 90) constitutes the Council of Europe’s major contribution to international co-operation in responding to terrorism. It was opened for signature in Strasbourg on 27 January 1977 and has since been ratified by 32 member states and signed by 4 others.

The Convention (Article 1) provides that, for the purposes of extradition between contracting states, none of a number of enumerated offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. That provision modifies the consequences of, for instance, Article 3, paragraph 1 of the European Convention on Extradition (ETS 24), which provides that extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested party as a political offence or as an offence connected with a political offence (the "political offence exception"). The Terrorism Convention thus eliminates – as a general rule - the possibility for the requested state to invoke the political offence exception in respect of an extradition request. Where, the Convention allowing, the requested state invokes the political offence exception, then that state, although not extraditing the person wanted, must submit the case to the competent authorities for the purpose of prosecution. The obligation to bring the person wanted before the criminal justice system (« judicare ») is subsidiary in that it is conditional on the preceding refusal of extradition in a given case.

2.       General observation

Assembly Recommendation 1426 in general condemns terrorism in all its forms. The CDPC cannot but support that statement.

The CDPC, either directly or through its subordinate body, the Committee of Experts on the Operation of Conventions in the Penal Field (PC-OC), constantly follows developments in international legal co-operation in criminal matters, seeking in particular to solve difficulties or otherwise take initiatives dictated by changing circumstances.

In this context, the CDPC is presently engaged in an exercise of reflection concerning the whole way in which co-operation – both legal and police co-operation – is organised in Europe. Any definite reaction to the number of different issues raised in the Assembly Recommendation would therefore be premature at this stage. The following opinion is in that sense provisional.

Despite the points of view expressed below on this subject, it should be noted that, subsequently to the ongoing discussions, the CDPC might possibly take the following points into consideration:

3.       Comments on the preambular part of Recommendation 1426

Paragraph 5 contains a definition of terrorism that should be amended insofar as it takes account of motive, whereas there is a general trend towards the principle of de-politicising terrorist offences so as to facilitate mutual assistance and extradition. This principle has been confirmed, inter alia, by the recent United Nations Conventions for the Suppression of Terrorist Bombings (15 December 1997) and for the Suppression of Financing of Terrorism 9 December 1999). The CDPC therefore expresses reservations with regard to the definition of terrorism as set out in the Assembly recommendation.

Paragraph 6 concerns operational co-operation and the exchange of information between specialised services. From this perspective, it may be appropriate to highlight the further advantages that Interpol might contribute. Article 18.4 of the Convention on the Financing of Terrorism, for example, provides for the possibility of information exchanges being conducted through the intermediary of Interpol.

With regard to paragraph 10, the CDPC wishes to emphasise that this should not be interpreted as opening up any possibility of infringing the freedom to inform the press.

4.       Comments on the individual recommendations

a.       Concerning points i and ii of paragraph 16

In points i and ii of paragraph 16, the Assembly recommends the Committee of Ministers to revise the Convention ETS 90 in the sense of extending its scope of application to act presently not covered by it.

The CDPC considers that the United Nations Convention for the Suppression of the Financing of Terrorism as well as the United Nations Convention for the Suppression of Terrorist Bombing cover to a large extent the above-mentioned Assembly recommendations. It sees no merit in duplicating the work already done within the United Nations.

Member states of the Council of Europe could however be encouraged to sign and ratify those two conventions.

b.       Concerning point iii of paragraph 16

In point iii of paragraph 16, the Assembly calls for the deletion of Article 13 of the said Convention, that allows for reservations to be made.

The CDPC has great sympathy with this recommendation. However, it stresses that Article 13 may only be deleted from the Convention upon a unanimous vote of all States Party to it. Seventeen out of 32 parties to the Convention have availed themselves of the possibility given by Article 13. Under these circumstances, the CDPC doubts whether this recommendation is likely to be generally acceptable.1

c.       Concerning point iv of paragraph 16

In point iv of paragraph 16, the Assembly recommends the Committee of Ministers to amend the European Convention on Extradition by defining the concept of political offence and proposing a simplified extradition procedure.

The CDPC is not aware of any difficulties arising out of the absence of a definition of the concept of political offence.

The idea of providing for a simplified extradition procedure has its merits. It was taken up, in particular, within the European Union and the results appear to be satisfactory. The CDPC has already instructed the PC-OC to consider that idea as soon as it starts working on a 3rd Additional Protocol to the European Convention on Extradition. In this respect, the CDPC wishes nevertheless to observe that it fails to see any link between terrorism and simplified extradition.

d.       Concerning point v of paragraph 16

In point v of paragraph 16, the Assembly recommends the Committee of Ministers to consider the possibility of setting up a European criminal court.

This recommendation will be examined in the context of both (a) the proposal to create a Judicial Authority within the Council of Europe and (b) the setting-up of the International Criminal Court2.

e.       Concerning point vi of paragraph 16

In point vi of paragraph 16, the Assembly recommends the Committee of Ministers to consider the establishment of a procedure whereby in certain cases a person accused of committing a terrorist offence could be charged and tried for such an offence in a country other than the one in which the offence is committed.

A number of legal avenues are already available in Europe that allow for a person accused of having committed an offence in one country to be charged and tried for such an offence in another country. In practice, however, such avenues are not sufficiently explored. In particular, there is uncertainty with respect to such questions as the circumstances under which such avenues may or should be taken, the right (or duty) of initiative in that respect, and the involvement (where appropriate) of more than two countries. The CDPC is presently examining these questions.

f.       Concerning point vii of paragraph 16

In point vii of paragraph 16, the Assembly recommends the Committee of Ministers to initiate co-operation with the United Nations.

The CDPC is already closely co-operating with the United Nations in criminal matters, particularly with the United Nations Commission on Crime Prevention and Criminal Justice.

g.       Concerning point viii of paragraph 16

In point viii of paragraph 16, the Assembly recommends the Committee of Ministers to encourage member states to co-operate more closely with Interpol and to examine with the European Union the possibility of extending Europol to the whole of the European area.

The CDPC fully supports any initiative designed to increase the already high level of co-operation with Interpol. As to the extension of Europol, this is an internal matter for the European Union.

h.       Concerning point ix of paragraph 16

This point does not fall within the fields for which the CDPC is responsible.

i.       Concerning point x of paragraph 16

In point x of paragraph 16, the Assembly recommends the Committee of Ministers to provide fuller protection for the victims of terrorist acts.

The CDPC recalls that the European Convention on the Compensation of Victims of Violent Crimes (ETS N° 116) applies to victims of terrorist acts.

j.       Concerning point xi of paragraph 16

In point xi of paragraph 16, the Assembly recommends the Committee of Ministers to invite member states to incorporate the principle “aut dedere aut judicare” in their legislation.

This question is complex and the CDPC will give consideration to it within its present reflection on a new start in co-operation in criminal matters in Europe.

k.       Concerning point xii of paragraph 16

In point xii of paragraph 16, the Assembly recommends the Committee of Ministers to invite member states to strengthen bilateral co-operation.

It has been the Council of Europe’s policy for over forty years, as well as the policy of many of its member States, to privilege multilateral co-operation over bilateral co-operation in criminal matters. However, privileging multilateral co-operation does not exclude strengthening bilateral co-operation where it leads to a more effective fight against crime, and to that extent the CDPC can endorse the Assembly’s recommendation.

APPENDIX V

PRESS RELEASE

The Council of Europe decides to strengthen its fight against terrorism

Strasbourg, 12.09.2001 -

“1.       The Committee of Ministers of the Council of Europe condemns with the utmost force the terrorist attacks of unprecedented violence committed against the American people, to whom it expresses sympathy and solidarity.

These crimes do not strike only the United States but affect us all. These barbaric acts violate human rights, in particular the right to life, democracy and the search for peace.

Such monstrous acts demand resolute reaction from all states committed to uphold civilised values.

The Council of Europe, which unites the continent around these values, has a particular interest and responsibility to contribute to such a reaction.

2.       The Committee of Ministers decides to hold a special meeting on 21 September with the following agenda:

APPENDIX VI

United Nations S/RES/1368 (2001)

Security Council Distr.: General

12 September 2001

01-53382 (E)

Resolution 1368 (2001)

Adopted by the Security Council at its 4370th meeting, on

12 September 2001

The Security Council,

Reaffirming the principles and purposes of the Charter of the United Nations,

Determined to combat by all means threats to international peace and security

caused by terrorist acts,

Recognizing the inherent right of individual or collective self-defence in

accordance with the Charter,

1. Unequivocally condemns in the strongest terms the horrifying terrorist

attacks which took place on 11 September 2001 in New York, Washington, D.C. and

Pennsylvania and regards such acts, like any act of international terrorism, as a

threat to international peace and security;

2. Expresses its deepest sympathy and condolences to the victims and their

families and to the people and Government of the United States of America;

3. Calls on all States to work together urgently to bring to justice the

perpetrators, organizers and sponsors of these terrorist attacks and stresses that those

responsible for aiding, supporting or harbouring the perpetrators, organizers and

sponsors of these acts will be held accountable;

4. Calls also on the international community to redouble their efforts to

prevent and suppress terrorist acts including by increased cooperation and full

implementation of the relevant international anti-terrorist conventions and Security

Council resolutions, in particular resolution 1269 (1999) of 19 October 1999;

5. Expresses its readiness to take all necessary steps to respond to the

terrorist attacks of 11 September 2001, and to combat all forms of terrorism, in

accordance with its responsibilities under the Charter of the United Nations;

6. Decides to remain seized of the matter.

APPENDIX VII

Chart of signatures and ratifications

European Convention on the Suppression of Terrorism
(Convention européenne pour la répression du terrorisme)
ETS n° : 090

Treaty open for signature by the member States.

Status as of 19/09/01

Opening for signature :
Place : Strasbourg
Date : 27/01/77

Entry into force :
Conditions : 3 Ratifications.
Date : 04/08/78

Member States of the Council of Europe:

States

Date of
signature

Date of
ratification

Date of entry
into force

Notes

R.

D.

A.

T.

C.

O.

Albania

04/04/00

21/09/00

22/12/00

 

 

 

 

 

 

 

Andorra

 

 

 

 

 

 

 

 

 

 

Armenia

 

 

 

 

 

 

 

 

 

 

Austria

27/01/77

11/08/77

04/08/78

 

 

 

 

 

 

 

Azerbaijan

 

 

 

 

 

 

 

 

 

 

Belgium

27/01/77

31/10/85

01/02/86

 

X

 

 

 

 

 

Bulgaria

11/09/97

17/02/98

18/05/98

 

X

 

 

 

 

 

Croatia

 

 

 

 

 

 

 

 

 

 

Cyprus

27/01/77

26/02/79

27/05/79

 

X

X

 

 

 

 

Czech Republic

13/02/92

15/04/92

01/01/93

17

 

 

 

 

 

 

Denmark

27/01/77

27/06/78

28/09/78

 

X

 

 

X

 

 

Estonia

03/05/96

27/03/97

28/06/97

 

X

 

 

 

 

 

Finland

16/11/89

09/02/90

10/05/90

 

X

 

 

 

 

 

France

27/01/77

21/09/87

22/12/87

 

X

X

 

X

 

 

Georgia

11/05/00

14/12/00

15/03/01

 

 

X

 

 

 

 

Germany

27/01/77

03/05/78

04/08/78

 

 

 

 

X

 

 

Greece

27/01/77

04/08/88

05/11/88

 

X

 

 

 

 

 

Hungary

03/05/96

06/05/97

07/08/97

 

X

 

 

 

 

 

Iceland

27/01/77

11/07/80

12/10/80

 

X

 

 

 

 

 

Ireland

24/02/86

21/02/89

22/05/89

 

 

 

 

 

 

 

Italy

27/01/77

28/02/86

01/06/86

 

X

 

 

 

 

 

Latvia

08/09/98

20/04/99

21/07/99

 

 

 

 

 

 

 

Liechtenstein

22/01/79

13/06/79

14/09/79

 

 

 

 

 

 

 

Lithuania

07/06/96

07/02/97

08/05/97

 

 

 

 

 

 

 

Luxembourg

27/01/77

11/09/81

12/12/81

 

 

 

 

 

 

 

Malta

05/11/86

19/03/96

20/06/96

 

X

 

 

 

 

 

Moldova

04/05/98

23/09/99

24/12/99

 

 

 

 

 

 

 

Netherlands

27/01/77

18/04/85

19/07/85

 

X

 

 

X

 

 

Norway

27/01/77

10/01/80

11/04/80

 

X

 

 

 

 

 

Poland

13/09/95

30/01/96

01/05/96

 

 

 

 

 

 

 

Portugal

27/01/77

14/12/81

15/03/82

 

X

 

 

 

 

 

Romania

30/06/95

02/05/97

03/08/97

 

 

 

 

 

 

 

Russia

07/05/99

04/11/00

05/02/01

 

 

X

 

 

 

 

San Marino

 

 

 

 

 

 

 

 

 

 

Slovakia

13/02/92

15/04/92

01/01/93

17

 

 

 

 

 

 

Slovenia

28/03/00

29/11/00

01/03/01

 

 

 

 

 

 

 

Spain

27/04/78

20/05/80

21/08/80

 

 

 

 

 

 

 

Sweden

27/01/77

15/09/77

04/08/78

 

X

 

 

 

 

 

Switzerland

27/01/77

19/05/83

20/08/83

 

X

 

 

 

 

 

the former Yugoslav Republic of Macedonia

 

 

 

 

 

 

 

 

 

 

Turkey

27/01/77

19/05/81

20/08/81

 

 

 

 

 

 

 

Ukraine

08/06/00

 

 

 

 

 

 

 

 

 

United Kingdom

27/01/77

24/07/78

25/10/78

 

 

 

 

X

 

 

 

Total number of signatures not followed by ratifications :

1

Total number of ratifications/accessions :

36

Notes :
(17) Dates of signature and ratification by the former Czech and Slovak Federal Republic.
a: Accession - s: Signature without reservation as to ratification - su: Succession - r: Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.

Source: Treaty Office on http://conventions.coe.int

APPENDIX VIII

UNITED NATIONS General Assembly

 

Distr.
GENERAL

A/RES/54/109
25 February 2000

 

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
(on the report of the Sixth Committee (A/54/615))

 

54/109.

International Convention for the Suppression of the Financing of Terrorism

 

The General Assembly,

Recalling all its relevant resolutions, including resolution 46/51 of 9 December 1991, resolution 49/60 of 9 December 1994, by which it adopted the Declaration on Measures to Eliminate International Terrorism, and resolutions 51/210 of 17 December 1996 and 53/108 of 8 December 1998,

Having considered the text of the draft international convention for the suppression of the financing of terrorism prepared by the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996 and the Working Group of the Sixth Committee,*

1. Adopts the International Convention for the Suppression of the Financing of Terrorism annexed to the present resolution, and requests the Secretary-General to open it for signature at United Nations Headquarters in New York from 10 January 2000 to 31 December 2001;

2. Urges all States to sign and ratify, accept, approve or accede to the Convention.

76th plenary meeting
9 December 1999

*/ A/C.6/54/L.2, annex I.

ANNEX

International Convention for the Suppression of the Financing of Terrorism

Preamble


The States Parties to this Convention,

Bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,

Deeply concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, contained in General Assembly resolution 50/6 of 24 October 1995,

Recalling also all the relevant General Assembly resolutions on the matter, including resolution 49/60 of 9 December 1994 and the annex thereto on the Declaration on Measures to Eliminate International Terrorism, in which the States Members of the United Nations solemnly reaffirmed their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States,

Noting that the Declaration on Measures to Eliminate International Terrorism also encouraged States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter,

Recalling paragraph 3 (f) of General Assembly resolution 51/210 of 17 December 1996, in which the Assembly called upon all States to take steps to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations which also have or claim to have charitable, social or cultural goals or which are also engaged in unlawful activities such as illicit arms trafficking, drug dealing and racketeering, including the exploitation of persons for purposes of funding terrorist activities, and in particular to consider, where appropriate, adopting regulatory measures to prevent and counteract movements of funds suspected to be intended for terrorist purposes without impeding in any way the freedom of legitimate capital movements and to intensify the exchange of information concerning international movements of such funds,

Recalling also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly called upon States to consider, in particular, the implementation of the measures set out in paragraphs 3 (a) to (f) of its resolution 51/210,

Recalling further General Assembly resolution 53/108 of 8 December 1998, in which the Assembly decided that the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996 should elaborate a draft international convention for the suppression of terrorist financing to supplement related existing international instruments,

Considering that the financing of terrorism is a matter of grave concern to the international community as a whole,

Noting that the number and seriousness of acts of international terrorism depend on the financing that terrorists may obtain,

Noting also that existing multilateral legal instruments do not expressly address such financing,

Being convinced of the urgent need to enhance international cooperation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators,

Have agreed as follows:

Article 1

For the purposes of this Convention:

1. "Funds" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit.

2. "State or government facility" means any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.

3. "Proceeds" means any funds derived from or obtained, directly or indirectly, through the commission of an offence set forth in article 2.

Article 2

1. Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:

(a) An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the annex; or

(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act.

2. (a) On depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the annex may declare that, in the application of this Convention to the State Party, the treaty shall be deemed not to be included in the annex referred to in paragraph 1, subparagraph (a). The declaration shall cease to have effect as soon as the treaty enters into force for the State Party, which shall notify the depositary of this fact;

(b) When a State Party ceases to be a party to a treaty listed in the annex, it may make a declaration as provided for in this article, with respect to that treaty.

3. For an act to constitute an offence set forth in paragraph 1, it shall not be necessary that the funds were actually used to carry out an offence referred to in paragraph 1, subparagraph (a) or (b).

4. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of this article.

5. Any person also commits an offence if that person:

(a) Participates as an accomplice in an offence as set forth in paragraph 1 or 4 of this article;

(b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 4 of this article;

(c) Contributes to the commission of one or more offences as set forth in paragraph 1 or 4 of this article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in paragraph 1 of this article; or

(ii) Be made in the knowledge of the intention of the group to commit an offence as set forth in paragraph 1 of this article.

Article 3

This Convention shall not apply where the offence is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State and no other State has a basis under article 7, paragraph 1 or 2, to exercise jurisdiction, except that the provisions of articles 12 to 18 shall, as appropriate, apply in those cases.

Article 4

Each State Party shall adopt such measures as may be necessary:

(a) To establish as criminal offences under its domestic law the offences as set forth in article 2;

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of the offences.

Article 5

1. Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for the management or control of that legal entity has, in that capacity, committed an offence as set forth in article 2. Such liability may be criminal, civil or administrative.

2. Such liability is incurred without prejudice to the criminal liability of individuals who have committed the offences.

3. Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 above are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

Article 6

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.

Article 7

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when:

(a) The offence is committed in the territory of that State;

(b) The offence is committed on board a vessel flying the flag of that State or an aircraft registered under the laws of that State at the time the offence is committed;

(c) The offence is committed by a national of that State.

2. A State Party may also establish its jurisdiction over any such offence when:

(a) The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), in the territory of or against a national of that State;

(b) The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), against a State or government facility of that State abroad, including diplomatic or consular premises of that State;

(c) The offence was directed towards or resulted in an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), committed in an attempt to compel that State to do or abstain from doing any act;

(d) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State;

(e) The offence is committed on board an aircraft which is operated by the Government of that State.

3. Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established in accordance with paragraph 2. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.

4. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.

5. When more than one State Party claims jurisdiction over the offences set forth in article 2, the relevant States Parties shall strive to coordinate their actions appropriately, in particular concerning the conditions for prosecution and the modalities for mutual legal assistance.

6. Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 8

1. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the identification, detection and freezing or seizure of any funds used or allocated for the purpose of committing the offences set forth in article 2 as well as the proceeds derived from such offences, for purposes of possible forfeiture.

2. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the forfeiture of funds used or allocated for the purpose of committing the offences set forth in article 2 and the proceeds derived from such offences.

3. Each State Party concerned may give consideration to concluding agreements on the sharing with other States Parties, on a regular or case-by-case basis, of the funds derived from the forfeitures referred to in this article.

4. Each State Party shall consider establishing mechanisms whereby the funds derived from the forfeitures referred to in this article are utilized to compensate the victims of offences referred to in article 2, paragraph 1, subparagraph (a) or (b), or their families.

5. The provisions of this article shall be implemented without prejudice to the rights of third parties acting in good faith.

Article 9

1. Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

3. Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled:

(a) To communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;

(b) To be visited by a representative of that State;

(c) To be informed of that person's rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5. The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 7, paragraph 1, subparagraph (b), or paragraph 2, subparagraph (b), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 7, paragraph 1 or 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 10

1. The State Party in the territory of which the alleged offender is present shall, in cases to which article 7 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

2. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.

Article 11

1. The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.

2. When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

4. If necessary, the offences set forth in article 2 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have established jurisdiction in accordance with article 7, paragraphs 1 and 2.

5. The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in article 2 shall be deemed to be modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal or extradition proceedings in respect of the offences set forth in article 2, including assistance in obtaining evidence in their possession necessary for the proceedings.

2. States Parties may not refuse a request for mutual legal assistance on the ground of bank secrecy.

3. The requesting Party shall not transmit or use information or evidence furnished by the requested Party for investigations, prosecutions or proceedings other than those stated in the request without the prior consent of the requested Party.

4. Each State Party may give consideration to establishing mechanisms to share with other States Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to article 5.

5. States Parties shall carry out their obligations under paragraphs 1 and 2 in conformity with any treaties or other arrangements on mutual legal assistance or information exchange that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 13

None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a fiscal offence. Accordingly, States Parties may not refuse a request for extradition or for mutual legal assistance on the sole ground that it concerns a fiscal offence.

Article 14

None of the offences set forth in article 2 shall be regarded for the purposes of extradition or mutual legal assistance as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article 15

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.

Article 16

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences set forth in article 2 may be transferred if the following conditions are met:

(a) The person freely gives his or her informed consent;

(b) The competent authorities of both States agree, subject to such conditions as those States may deem appropriate.

2. For the purposes of the present article:

(a) The State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;

(b) The State to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States;

(c) The State to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person;

(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with the present article so agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the State from which such person was transferred.

Article 17

Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international human rights law.

Article 18

1. States Parties shall cooperate in the prevention of the offences set forth in article 2 by taking all practicable measures, inter alia, by adapting their domestic legislation, if necessary, to prevent and counter preparations in their respective territories for the commission of those offences within or outside their territories, including:

(a) Measures to prohibit in their territories illegal activities of persons and organizations that knowingly encourage, instigate, organize or engage in the commission of offences set forth in article 2;

(b) Measures requiring financial institutions and other professions involved in financial transactions to utilize the most efficient measures available for the identification of their usual or occasional customers, as well as customers in whose interest accounts are opened, and to pay special attention to unusual or suspicious transactions and report transactions suspected of stemming from a criminal activity. For this purpose, States Parties shall consider:

(i) Adopting regulations prohibiting the opening of accounts, the holders or beneficiaries of which are unidentified or unidentifiable, and measures to ensure that such institutions verify the identity of the real owners of such transactions;

(ii) With respect to the identification of legal entities, requiring financial institutions, when necessary, to take measures to verify the legal existence and the structure of the customer by obtaining, either from a public register or from the customer or both, proof of incorporation, including information concerning the customer's name, legal form, address, directors and provisions regulating the power to bind the entity;

(iii) Adopting regulations imposing on financial institutions the obligation to report promptly to the competent authorities all complex, unusual large transactions and unusual patterns of transactions, which have no apparent economic or obviously lawful purpose, without fear of assuming criminal or civil liability for breach of any restriction on disclosure of information if they report their suspicions in good faith;

(iv) Requiring financial institutions to maintain, for at least five years, all necessary records on transactions, both domestic and international.

2. States Parties shall further cooperate in the prevention of offences set forth in article 2 by considering:

(a) Measures for the supervision, including, for example, the licensing, of all money-transmission agencies;

(b) Feasible measures to detect or monitor the physical cross-border transportation of cash and bearer negotiable instruments, subject to strict safeguards to ensure proper use of information and without impeding in any way the freedom of capital movements.

3. States Parties shall further cooperate in the prevention of the offences set forth in article 2 by exchanging accurate and verified information in accordance with their domestic law and coordinating administrative and other measures taken, as appropriate, to prevent the commission of offences set forth in article 2, in particular by:

(a) Establishing and maintaining channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences set forth in article 2;

(b) Cooperating with one another in conducting inquiries, with respect to the offences set forth in article 2, concerning:

(i) The identity, whereabouts and activities of persons in respect of whom reasonable suspicion exists that they are involved in such offences;

(ii) The movement of funds relating to the commission of such offences.

4. States Parties may exchange information through the International Criminal Police Organization (Interpol).

Article 19

The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 20

The States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

Article 21

Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes of the Charter of the United Nations, international humanitarian law and other relevant conventions.

Article 22

Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction or performance of functions which are exclusively reserved for the authorities of that other State Party by its domestic law.

Article 23

1. The annex may be amended by the addition of relevant treaties:

(a) That are open to the participation of all States;

(b) That have entered into force;

(c) That have been ratified, accepted, approved or acceded to by at least twenty-two States Parties to the present Convention.

2. After the entry into force of this Convention, any State Party may propose such an amendment. Any proposal for an amendment shall be communicated to the depositary in written form. The depositary shall notify proposals that meet the requirements of paragraph 1 to all States Parties and seek their views on whether the proposed amendment should be adopted.

3. The proposed amendment shall be deemed adopted unless one third of the States Parties object to it by a written notification not later than 180 days after its circulation.

4. The adopted amendment to the annex shall enter into force 30 days after the deposit of the twenty-second instrument of ratification, acceptance or approval of such amendment for all those States Parties that have deposited such an instrument. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day after deposit by such State Party of its instrument of ratification, acceptance or approval.

Article 24

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

2. Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 25

1. This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 at United Nations Headquarters in New York.

2. This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3. This Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 26

1. This Convention shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 27

1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 28

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 10 January 2000.

 

Annex

1. Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.

3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973.

4. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988.

7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988.

9. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Chart of signatures and ratifications

International Convention for the Suppression of the Financing of Terrorism

New York, 9 December 1999

 

   

Not yet in force:

(see article 26).

Status:

Signatories: 43 ,Parties: 4.

Text:

Resolution A/RES/54/109; and C.N.327.2000.TREATIES-12 of 30 May 2000 (rectification of the original text of the Convention). 

Note: The Convention was adopted by Resolution 54/109 of 9 December 1999 at the fourth session of the General Assembly of the United Nations. In accordance with its article 25 (1), the Convention will be open for signature by all States at United Nations Headquarters from 10 January 2000 to 31 December 2001.

 

 

PARTICIPANTS

   

Participant 

Signature 

Ratification, Acceptance (A), Approval (AA), Accession (a) 

Algeria 

18 Jan 2000 

 

Argentina 

28 Mar 2001 

 

Botswana 

8 Sep 2000 

8 Sep 2000 

Bulgaria 

19 Mar 2001 

 

Canada 

10 Feb 2000 

 

Chile 

2 May 2001 

 

Comoros 

14 Jan 2000 

 

Costa Rica 

14 Jun 2000 

 

Cyprus 

1 Mar 2001 

 

Czech Republic 

6 Sep 2000 

 

Ecuador 

6 Sep 2000 

 

Egypt 

6 Sep 2000 

 

Estonia 

6 Sep 2000 

 

Finland 

10 Jan 2000 

 

France 

10 Jan 2000 

 

Gabon 

8 Sep 2000 

 

Georgia 

23 Jun 2000 

 

Germany 

20 Jul 2000 

 

Greece 

8 Mar 2000 

 

India 

8 Sep 2000 

 

Israel 

11 Jul 2000 

 

Italy 

13 Jan 2000 

 

Lesotho 

6 Sep 2000 

 

Malta 

10 Jan 2000 

 

Mexico 

7 Sep 2000 

 

Netherlands 

10 Jan 2000 

 

New Zealand 

7 Sep 2000 

 

Nigeria 

1 Jun 2000 

 

Peru 

14 Sep 2000 

 

Portugal 

16 Feb 2000 

 

Romania 

26 Sep 2000 

 

Russian Federation 

3 Apr 2000 

 

San Marino 

26 Sep 2000 

 

Slovakia 

26 Jan 2001 

 

Spain 

8 Jan 2001 

 

Sri Lanka 

10 Jan 2000 

8 Sep 2000 

Sudan 

29 Feb 2000 

 

Switzerland 

13 Jun 2001 

 

The Former Yugoslav Republic of Macedonia 

31 Jan 2000 

 

Ukraine 

8 Jun 2000 

 

United Kingdom of Great Britain and Northern Ireland 

10 Jan 2000 

7 Mar 2001 

United States of America 

10 Jan 2000 

 

Uzbekistan 

13 Dec 2000 

9 Jul 2001 

 

 

 

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)

Russian Federation

Declaration:

Upon signature:

It is the position of the Russian Federation that the provisions of article 15 of the Convention must be applied in such a way as to ensure the inevitability of responsibility for perpetrating the crimes falling within the purview of the Convention, without prejudice to the effectiveness of international cooperation with regard to the questions of extradition and legal assistance.


1 According to the Convention of 27 September 1996 relating to extradition between the member states of the European Union, reservations according to Article 13 of the European Convention on the suppression of Terrorism do not apply between European Union Member States (Article 5, paragraph 4).

2 This refers to the entry into force of the Rome Statute of the International Criminal Court (although it should be noted that the idea of giving competence to this Court with regard to treaty crimes, including terrorist crimes, has not been accepted).