Doc 9649

9 January 2003

Draft Protocol amending the European Convention on the Suppression of Terrorism

Report

Committee on Legal Affairs and Human Rights

Rapporteur: Mrs Carmen Alvarez-Arenas, Spain, Group of the European People's Party

Summary

The draft Protocol amending the European Convention on the Suppression of Terrorism answers certain recommendations made by the Assembly on various occasions.

Nevertheless, the possibility for States Parties to make reservations for a period of three years which can be renewed remains unsatisfactory.

I.       Draft opinion

1.       The changes introduced by the draft protocol amending the European Convention on the Suppression of Terrorism to a large extent reflect the concerns which the Assembly has expressed in the past.

2.       Nevertheless, the Assembly regrets that the changes made to the current Article 13 are not as far-reaching as it recommended since it still allows for reservations which may defeat the purpose of the Convention. It does, however, recognise that there are significantly fewer possibilities of entering reservations and specific conditions which must be respected, as well as a special follow-up procedure.

3.       The Assembly also thinks that, like the Committee of Ministers, it should receive the report from the European Committee on Crime Problems (CDPC), foreseen in the new Article 10 which instructs that Committee to follow the application of the Convention.

4.       The Assembly believes that it would be a good idea, in due course, to consider the possibility of drawing up a general Council of Europe anti-terrorism convention, taking account of the work being carried out by the United Nations.

5.       The Assembly therefore proposes the following amendments to the draft protocol:

i.        In Article 6 paragraph 2.g., after “Committee of Ministers” add the following words: “which will subsequently be transmitted to the Parliamentary Assembly”.

ii.        In Article 12 paragraph 6, replace the last sentence by the following sentence: “such reservations may be renewed only once for a period of the same duration”.

II.       Explanatory memorandum

      by Mrs Alvarez-Arenas, Rapporteur

1.       The Assembly has on several occasions requested the revision of the European Convention on the Suppression of Terrorism and therefore welcomes the draft amending protocol which has been submitted to it for an opinion.

2.       In Recommendation 1426 (1999) on European democracies facing up to terrorism, following the parliamentary conference on this subject from 14 to 16 October 1998, the Assembly stated that “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”.

3.       It therefore recommended 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;”.

4.       In Recommendation 1534 (2001) on democracies facing terrorism, the Assembly recommended that the Committee of Ministers “remove as a matter of urgency Article 13, which grants contracting states the right to make reservations which can defeat the purpose of the convention by enabling the states to refuse extradition for offences otherwise extraditable”.

5.       Finally, in Recommendation 1550 (2002) on combating terrorism and respect for human rights, adopted in response to the terrorist attacks in the United States, the Assembly recommended that the Committee of Ministers “amend the European Convention on the Suppression of Terrorism 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;”.

6.       The draft amending protocol introduces a significant number of changes to the Convention.

7.       In Article 1, a number of new offences, included within the scope of eight international conventions drawn up after the adoption of the European Convention on the Suppression of Terrorism, are added to the two offences mentioned in the latter.

8.       A second sub-paragraph adds to this list a number of other offences including: the attempt to commit any of the aforementioned offences, the participation as an accomplice in the perpetration of any of these principal offences or in an attempt to commit any of them, and organising the perpetration of, or directing others to commit or attempt to commit, any of these principal offences. These last three categories reflect the Assembly’s views expressed in Recommendation 1426 (1999).

9.       Two sub-paragraphs have been added to Article 5 stipulating that states may refuse an extradition request if the person subject of the extradition request risks being exposed to torture (sub-paragraph 2) or if the person subject of the extradition request risks being exposed to the death penalty (sub-paragraph 3), which also reflects the Assembly’s views expressed in Recommendation 1550 (2002).

10.       The new Article 9 stipulates that Contracting States may conclude between themselves bilateral or multilateral agreements in order to supplement the provisions of the Convention or to facilitate the application of the principles contained therein.

11.       A new Article 10 makes the CDPC responsible for monitoring the application of the Convention. It must, for example, submit every year to the Committee of Ministers of the Council of Europe a report on the application of this Article of the Convention. The CDPC should also submit this report to the Parliamentary Assembly.

12.       While providing for the possibility of reservations, the new Article 16 (previously Article 13) limits their scope by requiring Contracting States to apply them on a case-by-case basis, through a duly reasoned decision, and restricts their validity to three years. However, and this is to be regretted, these reservations can be renewed for the same length of time.

13.       The Assembly is pleased to note that, failing notification from the Contracting State, reservations automatically lapse at the end of three years. It also welcomes the setting up of a special committee responsible for ensuring that Article 16 is properly applied. This arrangement should eventually help to reduce significantly the possibilities offered by this Article.

14.       Finally, the Assembly believes that it would be a good idea, in due course, to consider the possibility of drawing up a general Council of Europe anti-terrorism convention, taking account of the work being carried out by the United Nations.

Reporting committee: Committee on Legal Affairs and Human Rights

Reference to committee: Doc 9625, Reference No 2784 of 18 November 2002

Draft opinion adopted unanimously by the Committee on 16 December 2002

Members of the Committee: Mr Lintner (Chairperson), Mr Magnusson, Mrs Gülek, Mr Marty (Vice-Chairpersons), Mr Akçali, Mr G. Aliyev (alternate: Mr R. Huseynov), Mr Andican, Mr Arabadjiev, Mr Arzilli, Mr Attard Montalto, Mr Barquero Vázquez, Mr Berisha, Mr Bindig, Mr Brecj, Mr Bruce, Mr Bulavinov, Mr Chaklein, Mrs Christmas-Møller, Mr Clerfayt, Mr Contestabile, Mr Daly, Mr Davis (alternate: Mr Lloyd), Mr Dees, Mr Dimas, Mrs Domingues, Mr Engeset, Mrs Err, Mr Fedorov, Mrs Frimansdóttir, Mr Frunda, Mr Guardans (alternate: Mrs Alvarez-Arenas), Mr Gustafsson, Mrs Hajiyeva, Mr Holovaty (alternate: Mr Shybko), Mr Jansson, Mr Jaskiernia, Mr Jurgens, Mr Kastanidis, Mr Kelemen, Mr S. Kovalev, Mr Kresák (alternate: Mr Tkać), Mr Kroll, Mr Kroupa, Mr Kucheida, Mrs Libane, Mr Lippelt, Mr Manzella, Mrs Markovic-Dimova, Mr Martins, Mr Mas Torres, Mr Masson, Mr McNamara, Mr Meelak, Mrs Nabholz-Haidegger (alternate: Mr Reimann), Mr Nachbar, Mr Olteanu, Mrs Pasternak, Mr Pellicini (alternate: Mr Naro), Mr Penchev, Mr Piscitello (alternate: Mr Budin), Mr Poroshenko, Mrs Postoica, Mr Pourgourides, Mr Ransdorf, Mr Rochebloine, Mr Rustamyan, Mr Skrabalo, Mr Solé Tura, Mr Spindelegger, Mr Stankevic, Mr Stoica, Mrs Stoisits, Mrs Süssmuth, Mr Symonenko (alternate: Mr Baburin), Mr Tabajdi, Mrs Tevdoradze, Mr Tokić, Mr Vanoost, Mr Wilkinson, Mrs Wohlwend

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

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