Doc. 9331

22 January 2002

Combating terrorism and respect for human rights

Report

Committee on Legal Affairs and Human Rights

Rapporteur: Mr Michel Hunault (France, European Democratic Group)

Summary

The Assembly is concerned about the threats to human rights and fundamental freedoms resulting from some measures taken to fight terrorism since 11 September 2001.

It recalls with conviction that member States should refrain from making derogations from the European Convention on Human Rights or from extraditing presumed terrorists without having the assurance that the death penalty will not be sought in their case.

Fighting terrorism must go hand in hand with the reinforcement of legal measures and primarily with the ratification and application of existing conventions as well as with increased cooperation in the fight against the funding of terrorism.

I. Draft resolution

1.        Recalling its Recommendation 1426 (1999) adopted on 23 September 1999 and its Resolution 1258 (2001) and its Recommendation 1534 (2001) on democracies facing terrorism, both of which were adopted on 26 September 2001, the Assembly considers it necessary to adopt a definite position concerning the means used to combat terrorism.

2.        First of all, the Assembly would like to draw attention to the new nature of the conflict that arose as a result of the terrorist acts of 11 September which cannot be classed as a war in the traditional sense according to international law, insofar as there has been no declaration of war and nor has it been proved that the terrorist acts were carried out on the orders of a particular country. The military intervention carried out in Afghanistan as a result of the attacks is directed not against a country but against a terrorist organisation and the former government of the country of Afghanistan suspected of supporting such organisations.

3.        The Assembly considers there is a need to study the causes of terrorism so that better ways may be found of combating and above all preventing them. It reiterates, however, that there can never be any justification for resorting to terrorism.

4.        Eliminating support for terrorism and depriving it of all sources of funding are essential ways of preventing this form of crime

5.        Efforts to combat terrorism must be carried out in compliance with national and international law and respecting human rights.

6.        The Assembly considers that higher levels of education, access to decent living conditions and respect for human dignity are the best instruments for reducing support currently given to terrorism in certain countries.

7.        The Assembly, which has declared itself to be strongly opposed to capital punishment and which has succeeded in ridding Europe of the death penalty, tolerates no exceptions to this principle. Therefore, prior to the extradition of suspected terrorists to countries that still apply the death penalty, assurances must be obtained that this penalty will not be sought.

8.        The Assembly also insists on the fact that member States should under no circumstances extradite persons who risk being subjected to ill-treatment in contravention of Article 3 of the European Convention on Human Rights or being subjected to a trial which does not respect the fundamental principles of a fair trial.

9.        In their fight against terrorism, Council of Europe member States should provide for no derogations to the European Convention on Human Rights.

10.        The Assembly wishes that the Statute of the International Criminal Court be rapidly ratified and that its competence be extended to acts of terrorism.

11.        Concerning judicial cooperation, the Assembly considers that the European arrest warrant to be introduced by the European Union, in so far as it applies to crimes related to terrorism, should be extended to include all member States of the Council of Europe, in full respect of the fundamental rights guaranteed by the European Convention on Human Rights.

12.        The Assembly therefore calls upon all Council of Europe member States to:

i.       ratify, if they have not already done so, without delay:

- the International Convention for the Suppression of the Financing of Terrorism

- the European Convention on the Suppression of Terrorism

- the European Convention on Extradition and its two additional protocols

- the European Convention on Mutual Assistance in Criminal Matters and its two additional protocols

- the European Convention on the Transfer of Proceedings in Criminal Matters

- the European Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime

- the Convention on Cybercrime;

ii.       ratify, if they have not already done so, the Statute of the International Criminal Court, as soon as possible;

iii.       set up networks for cooperation between Financial Intelligence Units (FIUs) and ensure the necessary means of cooperation are put in place

iv.       refuse to extradite suspected terrorists to countries that continue to apply the death sentence, in accordance with the decision of the European Court of Human Rights in the Soering case and with Article 11 of the European Convention on Extradition, unless assurances are given that the death penalty will not be sought;

v.       refrain from using Article 15 of the European Convention on Human Rights to limit the rights and liberties guaranteed under Article 5 of the Convention (right to liberty and security).

II.       Draft recommendation

1. The Assembly refers to its Resolution …(2002) on combating terrorism and respect for human rights in which it advocates a number of measures member States should take to combat terrorism while ensuring respect for human rights.

2. It has noted the possible contradiction between the desire, on the one hand, to open the European Convention on the Suppression of Terrorism, which contains no explicit provision for refusing extradition in cases where there is a risk the death penalty may be applied, for ratification by Observer states and other non-member States of the Council of Europe and the refusal, on the other hand, to extradite suspected terrorists to countries applying the death penalty. The Assembly considers that this matter ought to be settled in the context of the work to update the European Convention on the Suppression of Terrorism.

3. The Assembly welcomes the decision taken by the Committee of Ministers to set up a Multidisciplinary Group on International Action against Terrorism (GMT) with the tasks of updating Council of Europe instruments in this field and identifying new and better ways in which the Council of Europe could combat this dangerous form of crime within the limits of its scope. Steps should also be taken to speed up international cooperation as regards efforts to combat laundering of the proceeds from crime, notably at the level of financial investigations, and to step up action taken to prevent the financing of terrorism.

4. Furthermore, the Assembly notes the ten new recommendations on the financing of terrorism adopted in December 2001 by the Financial Action Task Force on Money Laundering (FATF) and welcomes the decision taken by the Council of Europe’s Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures (PC-R-EV) to extend the scope of the FATF’s new recommendations to the whole of Europe by incorporating them in its own programme of activities.

5. Lastly, the Assembly considers that when working to promote better pan-European cooperation against terrorism the GMT should consider using the definition of terrorism adopted by the European Union.

6. Effective European cooperation is conditioned by improvements to the European judicial area which needs to harmonise the definition, creation and prosecution of indictable offences.

7. The Assembly recommends to the Committee of Ministers that:

i.        the European Convention on the Suppression of Terrorism should be amended to include a provision according to which extradition may be refused in cases where there are no guarantees that the death penalty will not be sought for the accused person;

ii.        international cooperation should be speeded up in respect of measures taken to combat laundering of the proceeds from crime, notably as regards financial investigations, and efforts to combat the financing of terrorism should be stepped up;

iii.        the Multidisciplinary Group on International Action against Terrorism (GMT) should consider using the definition of terrorism adopted by the European Union (see Appendix).

Appendix

European Council Common Position of 27 December 2001
on the application of specific measures to combat terrorism
(2001/931/CFSP)

Article 1

…

3. For the purposes of this Common Position, "terrorist act" shall mean one of the following intentional acts, which, given its nature or its context, may seriously damage a country or an international organisation, as defined as an offence under national law, where committed with the aim of:

(i) seriously intimidating a population, or
(ii) unduly compelling a Government or an international organisation to perform or abstain from performing any act, or
(iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation:
(a) attacks upon a person's life which may cause death;
(b) attacks upon the physical integrity of a person;
(c) kidnapping or hostage taking;
(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;
(e) seizure of aircraft, ships or other means of public or goods transport;
(f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons;
(g) release of dangerous substances, or causing fires, explosions or floods the effect of which is to endanger human life;
(h) interfering with or disrupting the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life;
(i) threatening to commit any of the acts listed under (a) to (h);
(j) directing a terrorist group;
(k) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the group.

For the purposes of this paragraph, "terrorist group" shall mean a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist acts. "Structured group" means a group that is not randomly formed for the immediate commission of a terrorist act and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.

…

II.        Explanatory memorandum

      by Mr Hunault, Rapporteur

A.       Introduction

1.        As a result of the attacks carried out in the United States of America on 11 September 2001, we need to think again about the nature of terrorism and what makes it possible. Whereas the number of victims of an act of terrorism may vary, the very nature of terrorism is always the same.

2.        Then we need to think about the consequences of such acts insofar as they are new. Is it possible to speak of “war” when there has been no declaration of war and the terrorist attacks were not carried out on the orders of any particular country?

3.        Lastly, we need to think about the most appropriate ways of combating this phenomenon, while focusing our efforts on the causes as well as on the effects so that the emphasis is on prevention. Legal means must be developed in strict compliance with the fundamental values of the Council of Europe. All these points will be developed below. The Assembly draws attention to its Resolution 1258 (2001) on European democracies facing terrorism (see Appendices I and II).

B.        Terrorism: a challenge for the whole world

4. All acts of terrorist, on whatever scale, have a number of features in common.

5.        In the vast majority of cases, they are carried out by an entity other than a country and do not target a declared enemy. This criterion also applies in the case of the attacks of 11 September. The reaction to the attacks, however, has been in the form of a war, a war waged against a country on whose territory the man suspected of ordering the terrorist attacks was to be found, with the aim being to arrest him and at the same time topple the regime that supported him. It would seem, however, that his arrest will not bring an end to the war because the aim clearly seems to be to destroy the terrorist networks to be found in many countries and which enjoy a certain amount of popular support.

6.        It has been relatively easy for terrorist networks to develop owing to a lack of determination to combat organised crime.

7.        The popular support for terrorism that has been seen in some countries has its roots in poverty and the growing gap between rich and poor countries. The Palestinian-Israeli conflict is certainly also a factor in the feelings of frustration many Arab countries feel and which help to feed anti-western feeling generally and anti-Americanism in particular.

8.        The events of 11 September must on no account be regarded as the early signs of a so-called clash of civilisations, and even less so a war of religions.

9.        The battle against terrorism is a complex, long-term war waged on several fronts. The world of terrorism is obscure and secret and knows how to make the most of legal loopholes in an increasingly globalised world.

10.        Whereas the battle against terrorism must be conducted on a world scale and whereas the United Nations is still the best guarantor of the action taken, the Council of Europe must be the focal point for the values which must be upheld at all costs.

C.        Combating terrorism

1.        United Nations International Convention for the Suppression of the Financing of Terrorism

11.        There are nine international conventions against terrorism (see Appendix III), but the United Nations Convention is directly concerned with the central issue of the financing of terrorism.

12.        Acts of terrorism call for large amounts of funding in order to organise illegal networks, financially support groups of terrorists, and obtain weapons. To be effective, efforts to prevent and combat terrorism must therefore start at the beginning of the chain.

13.        By making the financing of acts of terrorism a specific criminal offence so that anyone who finances terrorism may be charged accordingly, the United Nations Convention would be particularly well-suited as a prevention instrument. However, to be fully effective it would need to be ratified by nearly all member States. At present this is far from the case.

2.       Tackling the causes and the financing of terrorism

14.        It is our urgent duty to adopt a more moral approach to international finances. A number of new instruments have been developed by the international community in the context of various organisations. Examples include:

- OECD’s Financial Action Task Force (TATF) which identifies countries with inadequate money laundering laws;

- The Financial Stability Forum.

15.        As a result of the attacks carried out on 11 September, a whole new approach is needed to combating money laundering, particularly as the financing of terrorist activities relies not so much on the laundering of dirty money as the “dirtying” of clean money, in other words legal the financing of the work of terrorist networks by governments, banks, individuals and associations.

16.        The Council of Europe has adopted a number of legal instruments well-suited for combating the different aspects of terrorism: the European Convention for the Suppression of Terrorism, the European Convention on Extradition and its two additional protocols, the European Convention on Mutual Assistance in Criminal Matters and its additional protocol, the European Convention on the Transfer of Proceedings in Criminal Matters, the European Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime, and, most recently, the Convention on Cybercrime which was opened for signature on 23 November 2001. (Appendix IV contains Tables showing the state of ratification of these instruments).

17.        The member States of the Council of Europe have a moral obligation to ratify these treaties and to identify, detect, freeze and seize funds used for criminal purposes. They also have a moral obligation to reinforce measures relating to mutual assistance in criminal matters, while making it impossible to invoke bank secrecy or the fiscal nature of an offence, and to step up international cooperation through Interpol and Europol whose scope has moreover recently been enlarged. Insofar as only European Union Member States are represented in Europol, however, consideration should be given to the possibility of extending some of its activities to Council of Europe member States.

18.        It should no longer be possible for Council of Europe member States to accept off-shore centres, tax havens or bogus companies used to launder the assets of thriving criminal organisations living off the proceeds from drug-trafficking, prostitution, and illegal employment networks.

19.        On top of the need to ratify these treaties, it is essential to introduce a system for monitoring these instruments.

20.        A debate needs to be initiated with the European Parliament, which seems to be the Parliamentary Assembly’s ideal discussion partner, on ways of extending existing instruments and possibly on other forms of cooperation. This joint debate could take place during the joint session being organised by the European Parliament and the Council of Europe’s Parliamentary Assembly and scheduled for September 2002.

21.        A European body should be set up with a similar role to that of the British Financial Services Authority (FSA), namely to supervise financial markets, combat money laundering and track down any attempts to manipulate financial markets.

3.       The need to ensure respect for the fundamental values upheld by the Council of Europe

22.        The Assembly has on many occasions asserted its determination to combat terrorism while stressing the need to respect the fundamental values upheld by the Council of Europe and in particular the European Convention on Human Rights and its additional protocols, especially Protocol No 6 concerning abolition of the death penalty.

23.        It is therefore natural that we should have reservations regarding the military order issued by the President of the United States of America on 14 November 2001 concerning the detention, treatment and trial of certain non-citizens in the war against terrorism which provides that certain non-citizens will be tried by military tribunals and risk the death penalty.

24.        In its Resolution 1253 (2001), the Assembly asked the United States of America (and Japan) to institute without delay a moratorium on executions, and take the necessary steps to abolish the death penalty. The whole of Europe is free of the death penalty and therefore, however hideous the crimes committed, Council of Europe member States cannot agree to the extradition of people who risk the death penalty. This position was confirmed by the decision of the European Court of Human Rights in the Soering case. Governments of Council of Europe member States should take inspiration from Spain in this regard.

25.        The United Kingdom has passed a bill (Anti-terrorism crime and security Bill) and decided to avail itself of the right of derogation from Article 5 of the European Convention on Human Rights on the basis of Article 15 § 1 of the Convention under which derogations are possible “in time of war or other public emergency threatening the life of the nation” “to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with … other obligations under international law.”

Which is the right court for trying suspected terrorists?

26.        According to Resolution 1258 (2001) of the Assembly, the future International Criminal Court would be the right court for hearing cases concerning acts of terrorism. However, there are a number of impediments to this solution: on the one hand, the Resolution has to have been ratified by 60 countries before it can come into force, and, on the other hand, the Court will not have retroactive jurisdiction and will therefore not be able to try those suspected of carrying out the attacks of 11 September. In future, it could claim jurisdiction either on the basis of its own interpretation of Article 7 of the Statute, which defines crimes against humanity, or following an amendment of the Statute to include an explicit reference to terrorism as a crime against humanity.

27.        To try those suspected of committing the crimes carried out on 11 September, an International Criminal Court should therefore be set up to try suspected terrorists on the basis of the International Criminal Tribunal for the former Yugoslavia.

Reporting committee: Committee on Legal Affairs and Human Rights

Reference to committee: Doc 9207, Reference No 2654 of 28 September 2001, Request for urgent procedure

Draft resolution unanimously adopted with one abstention and draft recommendation unanimously adopted by the Committee on 22 January 2002

Members of the Committee: Mr Lintner (Chairperson), Mr Magnusson, Mrs Gülek, Mr Marty (Vice-Chairpersons), Mr Akçali, Mr G. Aliyev, Mr Andican, Mr Arabadjiev (alternate: Mr Toshev), Mrs van Ardenne-van der Hoeven, Mr Attard Montalto, Mr Bindig, Mr Brejc, Mr Bruce, Mr Bulavinov (alternate: Mr Khripel), Mr Chaklein, Mrs Christmas-Møller (alternate: Mrs Auken), Mr Clerfayt, Mr Contestabile, Mr Davis, Mr Demetriou, Mr Dimas, Mr Engeset, Mr Enright, Mrs Err, Mr Fedorov, Mrs Frimansdóttir, Mr Frunda, Mr Guardans, Mr Gustafsson, Mrs Hajiyeva, Mr Holovaty, Mr Jansson, Mr Jaskiernia, Mr Jurgens, Mr Kastanidis (alternate: Mr Skoularikis), Mr Kelemen, Mr Kostytsky, Mr S. Kovalev (alternate: Mr Zavgayev), Mr Kresák, Mr Kroll, Mr Kroupa, Mr Lacão (alternate: Mrs Aguiar), Mrs Libane (alternate: Mr Cilevics), Mr Lippelt, Mr Manzella, Mrs Markovic-Dimova, Mr Mas Torres, Mr Masseret, Mr McNamara (alternate: Mr Lloyd) Mr Michel (alternate: Mr Dreyfus-Schmidt), Mrs Nabholz-Haidegger, Mr Nachbar, Mr Olteanu, Mrs Pasternak, Mr Pellicini, Mr Penchez, Mr Piscitello, Mrs Postoica, Mrs Roudy (alternate: Mr Hunault), Mr Rustamyan, Mr Skrabalo, Mr Solé Tura, Mr Spindelegger, Mr Stankevic, Mr Stoica, Mrs Süssmuth, Mr Svoboda (alternate: Mr Mezihorak), Mr Symonenko, Mr Tabajdi, Mr Tallo, Mr Tepshi, Mrs Tevdoradze, Mr Uriarte (alternate: Mrs Lopez Gonzalez), Mr Vanoost, Mr Vera Jardim, Mr Volpinari, Mr Wilkinson, Mrs Wohlwend, Mrs Wurm (alternate: Mrs Stoisits)

N.B. The names of those members who were present at the meeting are printed in italics.

Secretaries to the Committee: Ms Coin, Ms Kleinsorge, Mr Ćupina

APPENDIX I

Resolution 1258 (2001)^[1]

Democracies facing terrorism

1. The members of the Parliamentary Assembly of the Council of Europe and the 800 million Europeans whom it represents were horrified by the recent terrorist attacks against the United States of America.

2. The Assembly conveys its deepest sympathies to the people of the United States and to the families of the victims, including citizens of other countries.

3. The Assembly condemns in the strongest possible terms these barbaric terrorist acts. It considers these attacks as a crime that violates the most fundamental human right: the right to life.

4. The Assembly calls on the international community to give all necessary support to the Government of the United States of America in dealing with the consequences of these attacks and in bringing the perpetrators to justice, in line with existing international anti-terrorist conventions and United Nations Security Council resolutions.

5. The Assembly regards the new International Criminal Court as the appropriate institution to consider terrorist acts.

6. The Assembly welcomes, supports and sharesthe solidarity shown by members ofthe international community, which has not only condemned these attacks, but also offered to co-operate in an appropriate response.

7. These attacks have shown clearly the real face of terrorism and the need for a new kind of response. This terrorism does not recognise borders. It is an international problem to which international solutions must be found based on a global political approach. The world community must show that it will not capitulate to terrorism, but that it will stand more strongly than before for democratic values, the rule of law and the defence of human rights and fundamental freedoms.

8. There can be no justification for terrorism. The Assembly considers these terrorist actions to be crimes rather than acts of war. Any actions, either by the United States acting alone or as a part of a broader international coalition, must be in line with existing United Nations anti-terrorist conventions and Security Council resolutions and must focus on bringing the perpetrators, organisers and sponsors of these crimes to justice, instead of inflicting a hasty revenge.

9. At the same time, the Assembly believes that long-term prevention of terrorism must include a proper understanding of its social, economic, political and religious roots and of the individual’s capacity for hatred. If these issues are properly addressed, it will be possible to seriously undermine the grass roots support for terrorists and their recruitment networks.

10. The Assembly supports the idea of elaborating and signing at the highest level an international convention on combating terrorism, which should contain a comprehensive definition of international terrorism as well as specific obligations for participating states to prevent acts of terrorism on a national and global scale and to punish their organisers and executors.

11. The recent terrorist acts appear to have been undertaken by extremistswho have used violence with a view to provoking a serious clash between the West and the Islamic world. Therefore, the Assembly emphasises that any action to prevent or punish terrorist acts must not discriminate on ethnic or religious grounds and must not be directed against any religious or ethnic community.

12. If military action is part of a response to terrorism, the international community must clearly define its objectives and should avoid targeting civilians. Any action should be taken in conformity with international law and with the agreement of the United Nations Security Council. The Assembly therefore welcomes Security Council Resolution 1368 (2001), which expresses the Council’s readiness to take all necessary steps to respond to the attacks of 11 September 2001 and to combat all forms of terrorism in accordance with its responsibilities under the United Nations Charter.

13. The Assembly expresses its conviction that introducing additional restrictions on freedom of movement, including more hurdles for migration and for access to asylum, would be an absolutely inappropriate response to the rise of terrorism, and calls upon all member states to refrain from introducing such restrictive measures.

14. The Assembly believes that international action against terrorism can only be effective if it is carried out with the broadest possible support. It calls for close co-operation at a pan-European level, especially with the European Parliament, as part of a global effort and calls on the European Union, the Commonwealth of Independent States (CIS) and the OSCE to co-operate closely with the Council of Europe in this regard.

15. The Assembly expresses support for the proposal to establish an international anti-terrorist mechanism within the United Nations to co-ordinate and promote co-operation between states in dealing with terrorism.

16. The Assembly recalls itsreport on terrorism of 1984, as well as Recommendation 1426 (1999) on European democracies facing up to terrorism. It reiterates the proposals made in this recommendation, including the principle of aut dedere aut judicare (either extradite or try), and instructs its relevant committees to update them if necessary.

17. The Assembly calls on the Council of Europe member states to:

i. stand firmly united against all acts of terrorism, whether they are state sponsored or perpetrated by isolated groups or organisations, and show a clear will and readiness to fight against them;

ii. introduce economic and other appropriate measures against countries offering safe havens to terrorists or providing financial and moral support to them;

iii. concentrate their efforts on improving judicial co-operation and police co-operation and on the identifying and seizing of funds used for terrorist purposes in the spirit of the International Convention for the Suppression of the Financing of Terrorism;

iv. review the scope of the existing national legal provisions on the prevention and suppression of terrorism;

v. take the necessary steps to ensure that appropriate domestic measures exist to prevent and counteract the financing of terrorists and terrorist organisations;

vi. lift their reservations to all existing conventions dealing with terrorism;

vii. provide access to bank accounts for the authorities responsible for investigating international crime and terrorist networks in particular;

viii. renew and generously resource their commitment to pursue economic, social and political policies designed to secure democracy, justice, human rights and well-being for all people throughout the world;

ix. give urgent consideration to amending and widening the Rome Statute to allow the remit of the International Criminal Court to include acts of international terrorism;

x. reaffirm their commitment to the status of the United Nations Security Council as the ultimate authority for approving international military action.

18. The Assembly invites the member states of the United Nations to amend their Charter so that it may also address crises other than those arising between states.

19. The Assembly requests that the present resolution be transmitted to the Congress and to the President of the United States and to the Secretary General of the United Nations.

20. The Assembly furthermore instructs its Bureau to ensure that, in the follow-up to this resolution, there is appropriate co-operation and co-ordination between the Parliamentary Assembly and the European Parliament, involving also the respective competent committees of each institution.

[1] Assembly debate on 25 and 26 September 2001 (27th and 28th Sittings) (see Doc. 9228, report of the Political Affairs Committee, rapporteur: Mr Davis; and Doc. 9232, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Jansson).
Text adopted by the Assembly on 26 September 2001 (28th Sitting).

APPENDIX II

Doc. 9180

27 July 2001

European Democracies facing up to terrorism

Recommendation 1426 (1999)

Reply from the Committee of Ministers

adopted at the 761^st 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 108^th 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:

- extending suppression of terrorist acts, to include attacks against property, as well as certain forms of aiding and abetting crime (preparatory acts, funding, participation in gangs);

- accepting universal jurisdiction, necessary for the effective implementation of the principle "aut dedere aut judicare";

- protection of victims, taking account of the significant changes that have taken place over two decades in protecting victims of terrorist attacks.

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 3^rd 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 III

International conventions against terrorism

1. Convention for the Suppression of Unlawful Seizure of Aircraft

      (The Hague, 16 December 1970)

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

      (Montreal, 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

(Vienna, 3 March 1980)

6. Protocol on 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

      (Montreal, 24 February 1988)

7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

      (Rome, 10 March 1988)

8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

      (Rome, 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)

APPENDIX IV

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	08/11/01
Armenia	08/11/01
Austria	27/01/77	11/08/77	04/08/78
Azerbaijan	07/11/01
Belgium	27/01/77	31/10/85	01/02/86		X
Bulgaria	11/09/97	17/02/98	18/05/98		X
Croatia	07/11/01
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	08/11/01
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	08/11/01
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

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

Opening for signature : Place : Paris Date : 13/12/57

Entry into force : Conditions : 3 Ratifications. Date : 18/04/60

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	19/05/98	19/05/98	17/08/98		X	X
Andorra	11/05/00	13/10/00	11/01/01		X	X
Armenia	11/05/01
Austria	13/12/57	21/05/69	19/08/69		X	X				X
Azerbaijan	07/11/01
Belgium	13/12/57	29/08/97	27/11/97		X	X
Bulgaria	30/09/93	17/06/94	15/09/94		X	X
Croatia		25/01/95 a	25/04/95			X
Cyprus	18/09/70	22/01/71	22/04/71			X
Czech Republic	13/02/92	15/04/92	01/01/93	17		X
Denmark	13/12/57	13/09/62	12/12/62		X	X
Estonia	04/11/93	28/04/97	27/07/97			X
Finland		12/05/71 a	10/08/71		X	X
France	13/12/57	10/02/86	11/05/86		X	X		X
Georgia	22/03/00	15/06/01	13/09/01		X	X
Germany	13/12/57	02/10/76	01/01/77		X	X		X		X
Greece	13/12/57	29/05/61	27/08/61		X	X
Hungary	19/11/91	13/07/93	11/10/93		X	X
Iceland	27/09/82	20/06/84	18/09/84		X	X
Ireland	02/05/66	02/05/66	31/07/66		X	X
Italy	13/12/57	06/08/63	04/11/63		X	X
Latvia	30/10/96	02/05/97	31/07/97			X
Liechtenstein		28/10/69 a	26/01/70		X	X
Lithuania	09/11/94	20/06/95	18/09/95		X	X
Luxembourg	13/12/57	18/11/76	16/02/77		X	X
Malta	19/03/96	19/03/96	17/06/96		X
Moldova	02/05/96	02/10/97	31/12/97		X	X
Netherlands	21/01/65	14/02/69	15/05/69		X	X		X	X
Norway	13/12/57	19/01/60	18/04/60		X	X
Poland	19/02/93	15/06/93	13/09/93		X
Portugal	27/04/77	25/01/90	25/04/90		X	X
Romania	30/06/95	10/09/97	09/12/97		X	X
Russia	07/11/96	10/12/99	09/03/00		X	X				X
San Marino	29/09/00
Slovakia	13/02/92	15/04/92	01/01/93	17		X
Slovenia	31/03/94	16/02/95	17/05/95
Spain	24/07/79	07/05/82	05/08/82		X	X
Sweden	13/12/57	22/01/59	18/04/60		X	X
Switzerland	29/11/65	20/12/66	20/03/67		X	X				X
the former Yugoslav Republic of Macedonia	28/07/99	28/07/99	26/10/99		X	X
Turkey	13/12/57	07/01/60	18/04/60		X					X
Ukraine	29/05/97	11/03/98	09/06/98		X	X
United Kingdom	21/12/90	13/02/91	14/05/91		X	X		X

Non-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.
Israel		27/09/67 a	26/12/67		X	X
South Africa

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

Opening for signature : Place : Strasbourg Date : 15/10/75

Entry into force : Conditions : 3 Ratifications. Date : 20/08/79

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	19/05/98	19/05/98	17/08/98
Andorra	11/05/00	13/10/00	11/01/01
Armenia	08/11/01
Austria
Azerbaijan	07/11/01
Belgium	18/11/97	18/11/97	16/02/98
Bulgaria	30/09/93	17/06/94	15/09/94
Croatia		25/01/95 a	25/04/95
Cyprus	01/09/78	22/05/79	20/08/79
Czech Republic	18/12/95	19/11/96	17/02/97
Denmark	27/09/76	13/09/78	20/08/79			X
Estonia	03/05/96	28/04/97	27/07/97
Finland
France
Georgia	22/03/00	15/06/01	13/09/01		X	X
Germany
Greece	18/06/80
Hungary	19/11/91	13/07/93	11/10/93		X	X
Iceland	27/09/82	20/06/84	18/09/84			X
Ireland
Italy
Latvia	30/10/96	02/05/97	31/07/97
Liechtenstein
Lithuania	09/11/94	20/06/95	18/09/95
Luxembourg	15/10/75	12/09/01	11/12/01			X
Malta	20/11/00	20/11/00	18/02/01			X
Moldova	26/06/98	27/06/01	25/09/01
Netherlands	13/07/79	12/01/82	12/04/82		X	X		X
Norway	11/12/86	11/12/86	11/03/87			X
Poland	19/02/93	15/06/93	13/09/93
Portugal	27/04/77	25/01/90	25/04/90
Romania	30/06/95	10/09/97	09/12/97
Russia	07/11/96	10/12/99	09/03/00			X
San Marino
Slovakia	14/02/96	23/09/96	22/12/96
Slovenia	31/03/94	16/02/95	17/05/95
Spain	10/06/83	11/03/85	09/06/85
Sweden	29/10/75	02/02/76	20/08/79			X
Switzerland	17/11/81	11/03/85	09/06/85
the former Yugoslav Republic of Macedonia	28/07/99	28/07/99	26/10/99
Turkey
Ukraine	29/05/97	11/03/98	09/06/98			X
United Kingdom

Non-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.
Israel

Notes :
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

Opening for signature : Place : Strasbourg Date : 17/03/78

Entry into force : Conditions : 3 Ratifications. Date : 05/06/83

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	19/05/98	19/05/98	17/08/98
Andorra
Armenia	08/11/01
Austria	17/03/78	02/05/83	31/07/83		X	X
Azerbaijan	07/11/01
Belgium	18/11/97	18/11/97	16/02/98		X
Bulgaria	30/09/93	17/06/94	15/09/94		X
Croatia		25/01/95 a	25/04/95
Cyprus	21/06/83	13/04/84	12/07/84
Czech Republic	18/12/95	19/11/96	17/02/97
Denmark	25/10/82	07/03/83	05/06/83
Estonia	03/05/96	28/04/97	27/07/97
Finland		30/01/85 a	30/04/85
France
Georgia	22/03/00	15/06/01	13/09/01			X
Germany	08/11/85	08/03/91	06/06/91
Greece	18/06/80
Hungary	19/11/91	13/07/93	11/10/93
Iceland	27/09/82	20/06/84	18/09/84
Ireland
Italy	23/04/80	23/01/85	23/04/85		X
Latvia	30/10/96	02/05/97	31/07/97		X
Liechtenstein
Lithuania	09/11/94	20/06/95	18/09/95
Luxembourg
Malta	20/11/00	20/11/00	18/02/01		X
Moldova	26/06/98	27/06/01	25/09/01
Netherlands	13/07/79	12/01/82	05/06/83					X	X
Norway	11/12/86	11/12/86	11/03/87		X
Poland	19/02/93	15/06/93	13/09/93
Portugal	27/04/78	25/01/90	25/04/90
Romania	30/06/95	10/09/97	09/12/97
Russia	07/11/96	10/12/99	09/03/00		X		X
San Marino
Slovakia	14/02/96	23/09/96	22/12/96
Slovenia	31/03/94	16/02/95	17/05/95
Spain	10/06/83	11/03/85	09/06/85
Sweden	06/04/79	13/06/79	05/06/83				X
Switzerland	17/11/81	11/03/85	09/06/85		X
the former Yugoslav Republic of Macedonia	28/07/99	28/07/99	26/10/99
Turkey	16/07/87	10/07/92	08/10/92		X
Ukraine	29/05/97	11/03/98	09/06/98				X
United Kingdom	09/11/92	08/03/94	06/06/94		X

Non-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.
Israel

Notes :
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

Opening for signature : Place : Strasbourg Date : 20/04/59

Entry into force : Conditions : 3 Ratifications. Date : 12/06/62

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	19/05/98	04/04/00	03/07/00		X	X
Andorra
Armenia	11/05/01
Austria	20/04/59	02/10/68	31/12/68		X	X	X
Azerbaijan	07/11/01
Belgium	20/04/59	13/08/75	11/11/75		X	X	X
Bulgaria	30/09/93	17/06/94	15/09/94		X	X	X
Croatia	07/05/99	07/05/99	05/08/99			X	X
Cyprus	27/03/96	24/02/00	24/05/00		X	X
Czech Republic	13/02/92	15/04/92	01/01/93	17		X	X
Denmark	20/04/59	13/09/62	12/12/62		X	X	X
Estonia	04/11/93	28/04/97	27/07/97		X	X	X
Finland		29/01/81 a	29/04/81		X	X	X
France	28/04/61	23/05/67	21/08/67		X	X	X	X
Georgia	27/04/99	13/10/99	11/01/00		X	X	X
Germany	20/04/59	02/10/76	01/01/77			X	X	X
Greece	20/04/59	23/02/62	12/06/62		X
Hungary	19/11/91	13/07/93	11/10/93		X	X	X
Iceland	27/09/82	20/06/84	18/09/84		X	X	X
Ireland	15/10/96	28/11/96	26/02/97		X	X	X
Italy	20/04/59	23/08/61	12/06/62			X	X
Latvia	30/10/96	02/06/97	31/08/97			X	X
Liechtenstein		28/10/69 a	26/01/70		X
Lithuania	09/11/94	17/04/97	16/07/97		X	X	X
Luxembourg	20/04/59	18/11/76	16/02/77		X	X	X
Malta	06/09/93	03/03/94	01/06/94		X	X	X
Moldova	02/05/96	04/02/98	05/05/98		X	X	X
Netherlands	21/01/65	14/02/69	15/05/69		X	X	X	X
Norway	21/04/61	14/03/62	12/06/62		X	X	X
Poland	09/05/94	19/03/96	17/06/96			X	X
Portugal	10/05/79	27/09/94	26/12/94			X	X		X
Romania	30/06/95	17/03/99	15/06/99			X	X
Russia	07/11/96	10/12/99	09/03/00		X	X	X
San Marino	29/09/00
Slovakia	13/02/92	15/04/92	01/01/93	17		X	X
Slovenia	26/02/99	19/07/01	17/10/01			X	X
Spain	24/07/79	18/08/82	16/11/82		X	X	X
Sweden	20/04/59	01/02/68	01/05/68		X	X	X
Switzerland	29/11/65	20/12/66	20/03/67		X	X	X
the former Yugoslav Republic of Macedonia	28/07/99	28/07/99	26/10/99
Turkey	23/10/59	24/06/69	22/09/69			X
Ukraine	29/05/97	11/03/98	09/06/98		X	X	X
United Kingdom	21/06/91	29/08/91	27/11/91		X	X	X

Non-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.
Israel		27/09/67 a	26/12/67		X	X	X

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

Opening for signature : Place : Strasbourg Date : 17/03/78

Entry into force : Conditions : 3 Ratifications. Date : 12/04/82

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	19/05/98	04/04/00	03/07/00
Andorra
Armenia	08/11/01
Austria	17/03/78	02/05/83	31/07/83			X
Azerbaijan	07/11/01
Belgium	11/07/78
Bulgaria	30/09/93	17/06/94	15/09/94		X
Croatia	15/09/99	15/09/99	14/12/99
Cyprus	27/03/96	24/02/00	24/05/00
Czech Republic	18/12/95	19/11/96	17/02/97				X
Denmark	25/10/82	07/03/83	05/06/83
Estonia	03/05/96	28/04/97	27/07/97
Finland		30/01/85 a	30/04/85
France	28/03/90	01/02/91	02/05/91					X
Georgia	07/11/01
Germany	08/11/85	08/03/91	06/06/91		X	X
Greece	18/06/80	24/07/81	12/04/82
Hungary	19/11/91	13/07/93	11/10/93
Iceland	27/09/82	20/06/84	18/09/84
Ireland	28/11/96	28/11/96	26/02/97		X
Italy	30/10/80	26/11/85	24/02/86				X
Latvia	30/10/96	02/06/97	31/08/97
Liechtenstein
Lithuania	09/11/94	17/04/97	16/07/97
Luxembourg	09/12/94	02/10/00	31/12/00		X	X
Malta	20/11/00
Moldova	26/06/98	27/06/01	25/09/01
Netherlands	13/07/79	12/01/82	12/04/82		X	X		X
Norway	11/12/86	11/12/86	11/03/87
Poland	09/05/94	19/03/96	17/06/96
Portugal	12/08/80	27/01/95	27/04/95
Romania	15/02/96	17/03/99	15/06/99
Russia	07/11/96	10/12/99	09/03/00
San Marino
Slovakia	14/02/96	23/09/96	22/12/96
Slovenia	04/03/99	19/07/01	17/10/01
Spain	12/04/85	13/06/91	11/09/91		X
Sweden	06/04/79	13/06/79	12/04/82
Switzerland	17/11/81				X
the former Yugoslav Republic of Macedonia	28/07/99	28/07/99	26/10/99
Turkey	04/02/86	29/03/90	27/06/90
Ukraine	29/05/97	11/03/98	09/06/98
United Kingdom	21/06/91	29/08/91	27/11/91		X

Non-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.
Israel

Notes :
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

Opening for signature : Place : Strasbourg Date : 15/05/72

Entry into force : Conditions : 3 Ratifications. Date : 30/03/78

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	19/05/98	04/04/00	05/07/00			X
Andorra
Armenia	08/11/01
Austria	15/05/72	01/04/80	01/07/80		X	X
Azerbaijan	07/11/01
Belgium	15/05/72
Bulgaria
Croatia
Cyprus	09/02/00	19/12/01	20/03/02			X
Czech Republic	13/02/92	15/04/92	01/01/93	17	X		X
Denmark	15/05/72	13/11/75	30/03/78		X	X
Estonia	03/05/96	28/04/97	29/07/97		X	X
Finland
France
Georgia
Germany
Greece	27/08/79
Hungary	08/11/01
Iceland	19/09/89
Ireland
Italy	26/05/00
Latvia	30/10/96	02/06/97	03/09/97			X	X
Liechtenstein	20/10/83
Lithuania	17/04/97	23/11/99	24/02/00		X	X
Luxembourg	15/05/72
Malta
Moldova	27/06/01
Netherlands	15/05/72	18/04/85	19/07/85			X		X
Norway	03/04/74	29/12/77	30/03/78		X	X	X	X
Poland
Portugal	10/05/79
Romania	20/11/97	08/06/00	09/09/00		X	X
Russia	11/12/00
San Marino
Slovakia	13/02/92	15/04/92	01/01/93	17	X		X
Slovenia
Spain	30/05/84	11/08/88	12/11/88		X	X
Sweden	15/05/72	07/04/76	30/03/78		X	X	X
Switzerland
the former Yugoslav Republic of Macedonia	08/11/01
Turkey	26/06/74	27/10/78	28/01/79		X	X
Ukraine		28/09/95 a	29/12/95				X
United Kingdom