TO THE MEMBERS OF THE SUB-COMMITTEE ON THE ELECTION OF JUDGES TO THE EUROPEAN COURT OF HUMAN RIGHTS OF THE COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS

 

Secretariat of the Parliamentary Assembly

 

Synopsis No 2000/056

3 May 2001

 

The Committee on Legal Affairs and Human Rights, meeting in Strasbourg on 23 April 2001 with Mr Jansson in the Chair, as regards:

-                Election of judges to the European Court of Human Rights (Chairperson of the Sub-Committee: Mr McNamara, United Kingdom, SOC): heard a statement by the Chairperson of the Sub-Committee, and considered and approved the report of the meeting held in Paris on 9-11 April 2001;

-                Draft Convention on information and legal cooperation concerning “information society services” (Rapporteur: Mr Monteiro, Portugal, SOC) considered and adopted a draft opinion submitted by the Rapporteur, with a view to a debate during the Standing Committee in May 2001;

-                Joint Working Group on Chechnya (Rapporteur: Mr Bindig, Germany, SOC): heard a statement by the Rapporteur and decided to resume the discussion at a later meeting.

*****

The Committee on Legal Affairs and Human Rights, meeting in Strasbourg on 24 April 2001 with Mr Jansson, in the Chair, as regards:

-         Situation of the political prisoners in Azerbaijan (Rapporteur: Mr Clerfayt, Belgium, LDR): held an exchange of views with representatives of the «Azerbaijan Foundation of Democracy Development and Human Rights Protection»;

-         Human rights and the rule of law in Kosovo (Rapporteur: Mr Akçali, Turkey, EDG): considered, amended and unanimously adopted a draft recommendation and draft order submitted by the Rapporteur;

-         Draft Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid (Rapporteur: Mr Hunault, France, EDG): postponed until a later meeting the vote on the draft opinion submitted by the Rapporteur;

-         Accession of Monaco to the Council of Europe (Rapporteur: Lord Kirkhill, United Kingdom, SOC): heard a statement by the Rapporteur on his visit to Monaco on 19-20 March 2001, and decided, in agreement with the Political Affairs Committee, to declassify the draft memorandum drawn up by the Rapporteurs of the two Committees;

-         Conflict in the Middle East (Rapporteur: Mr Lintner, Germany, EPP/CD): considered and adopted a draft opinion and six amendments to the draft resolution presented by the Political Affairs Committee;

-         Participation of Committee members in Conferences and other meetings:

i.        European Commission against Racism and Intolerance ("ECRI") (Representative of the Committee: Mr McNamara, United Kingdom, SOC): heard a report on the meeting of ECRI held on 13-16 March 2001 in Strasbourg

ii.       Hearing on the financing of political parties   (Representative of the Committee: Mr Bartumeu Cassany, Andorra, SOC): heard a report on the hearing organised by the Political Affairs Committee on 13 March 2001;

-         Draft Convention on Cyber-crime (Rapporteur: Mr Tallo, Estonia, SOC): took position on the amendments to the draft recommendation.

*****

The Committee on Legal Affairs and Human Rights, meeting in Strasbourg on 26 April 2001 with Mr Magnusson in the Chair, as regards:

-                Structures, procedures and means of the European Court of Human Rights (Rapporteur: Mrs Nabholz-Haidegger, Switzerland, LDR): held an exchange of views with Mr Harman, Permanent Representative of Ireland to the Council of Europe, and Chairperson of the Evaluation Group to examine possible means of guaranteeing the effectiveness of the European Court of Human Rights;

-                Draft Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid (Rapporteur: Mr Hunault, France, EDG): considered and unanimously adopted a draft opinion submitted by the Rapporteur, with a view to a debate during the May 2001 Standing Committee;

-                Draft European Convention for the Protection of the Audiovisual Heritage and draft Protocol on the Protection of Television Productions (Rapporteur for opinion: Mrs Gülek, Turkey, SOC): noted that the Committee seized for report had not yet adopted its opinion, and thus decided to ask that the debate on this issue not take place during the May 2001 Standing Committee, in order to give the Committee adequate time to prepare its opinion;

-                Draft Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Rapporteur: Mr Dreyfus-Schmidt, France, SOC): decided, upon the proposal of the Rapporteur, to ask the Committee of Ministers for more time in preparing its opinion, to be submitted to the Assembly during its June 2001 part-session;

-                Compensation for non-Slovenian investors in the former Ljubljanska Banka (Rapporteur: Mr Jurgens, Netherlands, SOC): authorised the Rapporteur to visit Skopje and Belgrade;

-                European Committee for the Prevention of Torture (CPT): Composition of the Committee (Rapporteur: Lord Kirkhill, United Kingdom, SOC): considered and unanimously adopted a draft resolution submitted by the Rapporteur, with a view to debate during the May 2001 Standing Committee;

-                Social consequences of and responses to drug misuse in member States: decided to ask the Bureau to be seized for opinion on the report to be presented by the Social, Health and Family Affairs Committee.

*****

The Committee on Legal Affairs and Human Rights, meeting in Strasbourg on 27 April 2001 with Mr Magnusson in the Chair, as regards:

-         Coexistence of the Convention on Human Rights and Fundamental Freedoms of the Commonwealth of Independent States and the European Convention on Human Rights (Rapporteur: Mr Holovaty, Ukraine, LDR): considered, amended and adopted a draft resolution submitted by the Rapporteur;

-         Joint Working Group on Chechnya (Representatives of the Committee: Mr Bindig, Mrs Nabholz-Haidegger and Mr Spindelegger): heard a statement by two of its representatives at the first meeting of the joint working group (Moscow, 21-22 March 2001);

-         Control of internal security services in Council of Europe member States (Rapporteur: Mr Frunda, Romania, EPP/CD): considered the reply of the Committee of Ministers to Recommendation 1402 (1999);

-         Sub-Committee on Penal Law and Criminology: heard a report by Mr McNamara (United Kingdom, SOC) on the meeting held on 25 April 2001;

-         Religious freedom and religious minorities in France (Rapporteur: Mr Akçali, Turkey, EDG): heard a statement by the Rapporteur, and authorised him to visit the Inter-Ministerial Mission on the fight against sects (MILS) in Paris during the week of 18-22 June 2001, and to meet Mr About, Rapporteur on the draft French law;

-         Appointment of representatives to conferences, meetings and seminars:

i.        GRECO (Strasbourg, 11-15 June 2001): Mr Bartumeu Cassany (Andorra, SOC)

ii.       Meeting of the Group of experts to prepare the draft convention on Cyber-crime (former PC-CY) (Rome, 7 May 2001): Mr Tallo (Estonia, SOC)

iii.     European Committee on Crime Problems (CDPC) (Strasbourg, 18-22 June 2001): Mr Tallo (Estonia, SOC);

-         Petition concerning the protection of minorities in Belgium (Rapporteur: Mrs Nabholz-Haidegger, Switzerland, LDR): authorised the Rapporteur to go to Belgium;

-         Abolition of the death penalty in Council of Europe observer States (Rapporteur: Mrs Wohlwend, Liechtenstein, EPP/CD): authorised the Rapporteur to invite a former Japanese death-row prisoner to a meeting of the plenary Committee during the June 2001 part-session;

-      Next meetings:

·        Paris, mardi 5 juin 2001 à 9 h 30 (Bureau du Conseil de l’Europe)

·        Strasbourg, during the Assembly’s June 2001 part-session

·        The Hague (Netherlands), Monday 10 and Tuesday 11 September 2001 at 9 h 30

*****

The Sub-Committee on Human Rights, of the Committee on Legal Affairs and Human Rights, meeting in Strasbourg on 25 April 2001 with Mrs Wohlwend in the Chair, as regards:

-         Execution of judgments of the European Court of Human Rights (Rapporteur: Mr Jurgens, Netherlands, SOC): held an exchange of views with Mr Josef Wolf, Permanent Representative of Liechtenstein to the Council of Europe, Vice-Chairperson of the Ministers' Deputies, and heard a statement by the Rapporteur;

-         Meeting in Salzburg: approved a preliminary draft programme for the meeting;

-         1st World Congress against the Death Penalty (Strasbourg, 21-23 June 2001): were informed of a proposal to hold a meeting of the Sub-Committee on the occasion of the Congress;

-         Next meetings:

       . Salzburg (Austria), 30-31 May 2001

       . Strasbourg, 21-23 June 2001 (on the occasion of the 1st World Congress against the Death Penalty)

*****

The Sub-Committee on Penal Law and Criminology (of the Committee on Legal Affairs and Human Rights), meeting in Strasbourg on 26 April 2001, with first Mr McNamara, and then Mr Jaskiernia in the Chair:

-            Chairmanship: elected Mr Jaskiernia (Poland, SOC) Chairperson;

-            Vice-Chairmanship: elected Mr Bruce (United Kingdom, LDR) Vice-Chairperson by acclamation;

-            Work programme: considered its work programme, and encouraged members of the Sub-Committee to submit motions for a resolution on cross-border crime and on dealing with the “godfathers” of crime;

-            Harmonisation of criminal law in Europe (Rapporteur: Mr Olteanu, Romania, SOC): heard a statement by the Rapporteur, and decided to hold a working meeting of the Sub-Committee on this issue in Paris at the beginning of September, together with three experts to be appointed, representing the Western European, Eastern European, and Anglo-Saxon legal traditions;

-            Next meetings:

       . Strasbourg, during the Assembly's June 2001 part-session;

       . Paris, 7 September 2001 at 9 h 30 (to be confirmed).

 

Allard A. Plate, Danielle Coin, Tanja Kleinsorge, David Cupina