Draft specific legal instrument for the prevention of terrorism

Doc. 10357
29 November 2004

Request for an opinion
from the Committee of Ministers

Letter from the Chairman of the Ministers’ Deputies to the President of the Assembly dated 9 November 2004

902nd meeting – 3 November 2004

Item 2.3b

Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism

b.         Implementation of the activities of the Council of Europe against terrorism

(CM/Del/Dec(2004)895/2.4, 896/2.5, 898/2.3 and 899/2.3, REC_1677 (2004) and RES_1400(2004), CM(2004)138 and Addendum, 180 and 187, CM/Inf(2004)30 revised)


The Deputies

1.         instructed CODEXTER, in the light of its specific terms of reference, to finalise the draft specific legal instrument for the prevention of terrorism (including on incitement to terrorism/“apologie du terrorisme”, recruitment and training of terrorists, liability of legal persons, sanctions and measures, duty to investigate, international cooperation, follow-up) to be submitted to the Parliamentary Assembly preferably before the end of December 2004;

2.         approved the specific terms of reference of the Group of Specialists on Identity Documents and Terrorism (TER-S-IT), as set out at Appendix 4 to the present volume of Decisions, to prepare a relevant instrument on identity documents and terrorism, for submission to, and approval by, CODEXTER before the end of March 2005;

3.         instructed CODEXTER also to make proposals for future activities in the legal field in response to the challenge of terrorism, taking due account of the content of document CM(2004)180;

4.         instructed the European Committee on Crime Problems (CDPC) to prepare relevant instruments on protection of witnesses and collaborators of justice,[1] special investigation techniques[2] and terrorist funding,[3] preferably before the end of March 2005;

5.         instructed the Steering Committee on Human Rights (CDDH) to complete its work on the draft guidelines on the protection of victims of terrorist acts by the end of 2004;

6.         instructed the Steering Committee on Mass Media (CDMM) to finalise the text of the draft statement on freedom of expression and information in the media in the context of the fight against terrorism, with a view to its adoption by the Committee of Ministers by the end of 2004;

7.         invited Steering Committees to review, taking due account of the content of document CM(2004)180, how they can contribute to combating terrorism, and, more specifically what they can deliver in a shorter time-scale, including in terms of facilitating the work of CODEXTER in the preparation of legal instruments;

8.         invited the Secretariat to consider how the Council of Europe could offer practical help and support in post-trauma situations, drawing in particular on experiences of member states;

9.         instructed its Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to work in consultation with the Ad hoc Committee of Experts for the "European Year of Citizenship for Education" (CAHCIT) so that the terrorism dimension is taken into account in the framework of the European Year of Citizenship through Education;

10.        invited the Executive Council of the North/South Centre to examine how the Centre could best contribute to furthering the intercultural and inter-religious dialogue and to report back as soon as possible;

11.        invited the Secretary General to step up his efforts aimed at strengthening coherence and coordination of anti-terrorism activities;

12.        agreed to resume consideration of the draft specific terms of reference to be given to the Group of Specialists on Assistance to Victims and Prevention of Repeat Victimisation (PC-S-AV) at their 904th meeting (17 November 2004);

13.        agreed to keep this item under regular review, notably on the basis of document CM(2004)180, and following the exchange of views with Ambassador Bringéus, Chairman of the OSCE working group on terrorism on the possibilities for cooperation with the OSCE, and the submission of the progress report by CODEXTER.

[1] Work carried out by the Committee of Experts on protection of witnesses and pentiti in relation to acts of terrorism(PC-PW).

[2] Work carried out by theCommittee of Experts on Special Investigation Techniques (PC-IT).

[3] Work carried out by the Committee of Experts on the revision of the Convention on laundering, search, seizure and confiscation of the proceeds from crime (PC-RM).