Strasbourg, 29 June 2001
cdpc plenary\docs 2001\cdpc (2001) 17 - e CDPC (2001) 17

EUROPEAN COMMITTEE ON CRIME PROBLEMS
(CDPC)

50^th Plenary Session
(25^th meeting as a Steering Committee)

Strasbourg, 18-22 June 2001

List of items discussed and decisions taken

1. The European Committee on Crime Problems (CDPC) held its 50^th plenary session (25^th meeting as a Steering Committee) in Strasbourg from 18 to 22 June 2001 with Mr M. Grotz (Germany) in the chair. To mark the anniversary, Mr H. C. Krüger, Deputy Secretary General, addressed the Committee. The list of participants and the agenda appear at appendices I and II respectively.

2. The CDPC elected:

- Mr D. FONTANAUD (France) as Chairman, and Messrs E. SELVAGGI (Italy) and Ž. HORVATIĆ (Croatia) as members of the Bureau;

- Mr M. MELLETT (Ireland), Ms S. SNACKEN (Belgium) and Mr G. MARJANOVIĆ (“The former Yugoslav Republic of Macedonia”) as members of the Council for Penological Co-operation;

- Ms M. DEL TUFO (Italy) and Mr P. TOURNIER (France) as members of the Criminological Scientific Council.

Items requiring action by the Committee of Ministers

3. The CDPC approved the draft Convention on Cyber-Crime (with 32 votes for, 3 against and 5 abstentions). The only obstacle to a unanimous decision was the insertion of Article 41 containing the federal clause. The CDPC also approved the accompanying explanatory report. The Committee of Ministers is invited to adopt the text of the draft Convention, bearing in mind the CDPC’s introductory note to the draft text, and to authorise publication of the explanatory report (Addendum I to the present report)¹.

4. The CDPC approved the draft Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (unanimously) and the accompanying explanatory report. The Committee of Ministers is invited to adopt the text of the draft Additional Protocol and to authorise publication of the explanatory report (Addendum II to the present report).

5. The CDPC approved the draft Recommendation concerning guiding principles on the fight against organised crime and the accompanying explanatory memorandum. The Committee of Ministers is invited to adopt the draft Recommendation and to authorise publication of the explanatory memorandum (Addendum III to the present report).

6. The CDPC approved the draft Recommendation on the European Code of Police Ethics and the accompanying explanatory memorandum. The Committee of Ministers is invited to adopt the draft Recommendation and to authorise publication of the explanatory memorandum (Addendum IV to the present report).

7. The CDPC approved the draft Recommendation concerning the protection of children against sexual exploitation and the accompanying explanatory memorandum. The Committee of Ministers is invited to adopt the draft Recommendation and to authorise publication of the explanatory memorandum (Addendum V to the present report).

8. The CDPC adopted specific terms of reference for a Committee of Experts on pre-trial detention and its implications for the management of penal institutions (PC-DP). The Committee of Ministers is invited to approve these terms of reference (Appendix III to the present report).

9. The CDPC complemented the specific terms of reference for the Group of Specialists on Internal Security Services (PC-S-SEC) – adopted by the Committee of Ministers at the 733^rd meeting of their Deputies – by selecting the member States entitled to appoint experts whose expenses will be borne by the Council of Europe (paragraph 6c of the terms of reference). The Committee of Ministers is invited to take note of the terms of reference so amended (Appendix IV to the present report).

10. The CDPC adopted specific terms of reference for a Committee of Experts on the criminalisation of acts of a racist or xenophobic nature committed through computer networks (PC-RX) which would prepare a draft Additional Protocol to the Convention on Cyber-Crime once the text of that convention has been adopted. The Committee of Ministers is invited to approve these terms of reference (Appendix V to the present report).

11. The CDPC approved the report prepared by its working group on follow-up action to the Committee of Ministers’ monitoring of member States’ judicial systems (PC-WG-Monitor/JS), in pursuance of the decision taken by the Ministers’ Deputies at their 693^rd meeting. It decided to take the report into account in its future work on the efficiency of justice (see paragraph 14 below). The Committee of Ministers is invited to take note of the report (Addendum VI to the present report).

12. The CDPC approved the report prepared by the Committee of Experts on police ethics and problems of policing (PC-PO) on follow-up action to the Committee of Ministers’ monitoring of police and security forces (document CM/Monitor (2000) 11) and decided to take it into account in its future work on police matters (see paragraph 14 below). The Committee of Ministers is invited to take note of the report (Addendum VII to the present report).

Other items

13. The CDPC was informed by the Director for Legal Co-operation of developments in European legal co-operation and the role and working methods of the Council of Europe in this field, including the activities for strengthening the Rule of Law (ex-ADACS).

14. Having noted the activities which have been, or are expected to be, finished in 2001, and having been informed of the likely budgetary situation in the years to come, the CDPC agreed, subject to the availability of the necessary resources in 2002/2003, to include the following activities in its future work programme (in order of priority):

- acts of a racist or xenophobic nature committed through computer networks (to be examined by a Committee of Experts (PC-RX) – see paragraph 10 above and Appendix V):

- police matters, including follow-up action to the monitoring of police forces (to be examined by a Council for Police Matters, to be set up as an advisory body to the CDPC – terms of reference to be adopted by the Bureau);

- efficiency of justice, including follow-up action to the monitoring of the functioning of member States’ judicial systems and a study of international co-operation in the transmission of applications for legal aid in criminal proceedings (in pursuance of the instruction given by the Ministers’ Deputies at their 754^th meeting – item 10.2b) (to be examined by a Committee of Experts – terms of reference to be prepared by the Bureau);

- evaluation of anti-money laundering measures (carried out by Committee PC-R-EV, in future to be financed by the Council of Europe budget);

- pre-trial detention and its implications for the management of penal institutions (to be examined by a Committee of Experts (PC-DP) – see paragraph 8 above and Appendix III);

- internal security services (to be examined by a Group of Specialists (PC-S-SEC) – see paragraph 9 above and Appendix IV).

Moreover, the CDPC decided to assign ad hoc terms of reference to the Council for Penological Co-operation (PC-CP) for the purpose of revising the European Prison Rules, contained in Recommendation N° R (87) 3 (terms of reference to be adopted by the Bureau).

The CDPC decided to postpone, for the time being, work on the treatment of sex offenders in penal institutions and in the community for which it had agreed at its 48^th plenary session (June 1999) to set up a Committee of Expert (PC-DS); however, due to budgetary constraints this committee has not yet been convened.

15. The CDPC took note of the proposals made by Committee PC-SE for future work in the field of combating sexual exploitation of children and invited the Bureau to examine them, with a view to submitting recommendations to the CDPC at its next plenary session.

16. The CDPC took note of the conclusions adopted at the second Pan-European Conference of Prosecutors General of Europe (Bucharest, 12-16 May 2001). It also took note of the preparations for the second consultation meeting on the Statute of the International Criminal Court (Strasbourg, 13-14 September 2001), the 24^th Conference of European Ministers of Justice (Moscow, 4-5 October 2001), the 13^th Conference of Directors of Prison Administration (Strasbourg, 2002) and the 22^nd Criminological Research Conference on the theme ‘Fear of crime, mass media, and public attitudes to crime and criminal justice’ (Strasbourg, 2003).

17. The CDPC took note of the work of the Multidisciplinary Group on Corruption (GMC), in particular the draft Additional Protocol to the Criminal Law Convention and the draft Recommendation on common rules for the prevention of corruption in the funding of political parties and electoral campaigns, as well as the activities carried out within the Stability Pact for South-Eastern Europe, in particular the anti-corruption initiative (SPAI) and the anti-organised crime initiative (SPOC).

APPENDIX / ANNEXE I

LIST OF PARTICIPANTS / LISTE DES PARTICIPANTS^(*)

ALBANIA / ALBANIE
Mr Shefki BEJKO, University of Tirana
* Mr Sokol TONA, Ministry of Justice

ANDORRA / ANDORRE
* M. André PIGOT, Magistrat honoraire, Ancien membre du Conseil Supérieur de la Justice
M. Jean-Louis VUILLEMIN, Tribunal Supérieur de la Justice

ARMENIA / ARMÉNIE
Ms Liana AVETISYAN, Ministry of Foreign Affairs
* Mr Hovhannes POGHOSYAN, Ministry of the Interior

AUSTRIA / AUTRICHE
Mr Karl DREXLER, Ministry of Justice
Mr Roland HEUREX, Ministry of Justice
* Ms Gertraude KABELKA, Ministry of Justice

AZERBAIJAN / AZERBAÏDJAN
Mr Ramiz TAGIEV, Head of Division
* Mr Sahib TAGHI-ZADE, Ministry of the Interior

BELGIUM / BELGIQUE
* M. Claude DEBRULLE, Ministère de la Justice
M. Rudi TROOSTERS, Ministère de la Justice

BULGARIA / BULGARIE
Mme Julia MITEVA, Ministère de la Justice
* Mr Petar RASHKOV, Ministry of Justice

CROATIA / CROATIE
* Mr Željko HORVATIĆ, University of Zagreb
Mr Tihomir KRALJ, Ministry of Interior

_____________________
(*) States are listed in alphabetical order by their English names. The names of participants are also in alphabetical order, the names of the Heads of Delegation being preceded by an asterisk.
Les Etats sont mentionnés par ordre alphabétique anglais. Les noms des participants sont également indiqués par ordre alphabétique, les noms des Chefs de délégation étant précédés d'un astérisque.

CYPRUS / CHYPRE
Mrs Elena KLEOPAS, Law Office of the Republic
* Mr Lazaros S. SAVVIDES, Ministry of Justice and Public Order

CZECH REPUBLIC / RÉPUBLIQUE TCHÈQUE
Ms Jaroslava NOVOTNÁ, Supreme Prosecutor's Office
* Ms Irena STÁTNÍKOVÁ, Ministry of Justice

DENMARK / DANEMARK
Mr Mads Christian CHRISTENSEN, Ministry of Justice
Mr Henning FODE, Director of Public Prosecutions
* Mr Jesper HJORTENBERG, Assistant Deputy Director of Public Prosecutions
Mr Jens Kruse MIKKELSEN, Ministry of Justice
Mrs Marianne SECHER, Department of Prisons and Probation, Ministry of Justice

ESTONIA / ESTONIE
Mr Pavel GONTSHAROV, Office of the Prosecutor-General
Mrs Imbi MARKUS, Ministry of Justice

FINLAND / FINLANDE
Ms Anna-Katrina GRÖNHOLM, Helsinki Central Prison
Mr Antti PIHLAJAMÄKI, Prosecutor’s Office of Turku Administrative District

FRANCE
* M. Daniel FONTANAUD, Ministère de la Justice
Mme Claudine JACOB, Ministère des Affaires Etrangères

GEORGIA / GÉORGIE
* Mr Mamuka JGENTI, Ministry of Foreign Affairs
Mr Kakha KAKHISHVILI, General Prosecutor's Office

GERMANY / ALLEMAGNE
Mr Richard BLATH, Bundesministerium der Justiz
Mr Harald EGERER, Bundesministerium der Justiz
* Mr Michael GROTZ, Bundesministerium der Justiz -
Chairman of the CDPC / Président du CDPC
Mr Ekkehart KAPPLER, Bundeskriminalamt
Mr Manfred MÖHRENSCHLAGER, Federal Ministry of Justice

GREECE / GRÈCE
* Ms Marie ARVANITI, Ministry of Justice
Ms Anna ZAIRI, Court of Appeal

HUNGARY / HONGRIE
* Mr Lipót HÖLTZL, Ministry of Justice
Mme Klara NÉMETH-BOKOR, Ministère de la Justice

ICELAND / ISLANDE
Mr Benedikt BOGASON, Ministry of Justice
* Mr Thorsteinn A. JÓNSSON, Ministry of Justice

IRELAND / IRLANDE
Mr Brian LUCAS, Department of Justice, Equality and Law Reform
* Mr Michael MELLETT, Department of Justice, Equality and Law Reform
Mr John O’DWYER, Department of Justice, Equality and Law Reform

ITALY / ITALIE
* M. Vitaliano ESPOSITO, Représentation Permanente de l’Italie auprès du Conseil de l’Europe
Mr Eugenio SELVAGGI, Procura Generale della Repubblica presso la Corte di Appello di Roma Vice-Chairman of Committee PC-OC / Vice-Président du Comité PC-OC

LATVIA / LETTONIE
* Mr Viesturs BURKĀNS, Office of the Prosecutor General
Ms Violeta ZEPPA, Ministry of Justice

LIECHTENSTEIN
* Mr Lothar HAGEN, President of the Criminal Court
Mme Elisabeth LAMBERT, Représentation Permanente de Liechtenstein auprès du Conseil de l’Europe

LITHUANIA / LITUANIE
Mrs Laima GARNELIENE, Court of Appeal
* Ms Jurgita JOKUBAUSKAITE, Ministry of Justice

LUXEMBOURG
M. Jean-Pierre KLOPP, Procureur Général d’Etat
Mme Katia KREMER, Ministère de la Justice

MALTA / MALTE
* Mr Silvio CAMILLERI, Ministry for Justice and the Arts
Ms Donatella FRENDO DIMECH, Attorney General’s Chambers

MOLDOVA
* M. Vitalie PÂRLOG, Ministère de la Justice
M. Mihai POCNEA, Service du Conseil Suprême de Sécurité auprès du Président de la République

NETHERLANDS / PAYS-BAS
* Mrs Marjorie BONN, Ministry of Justice
Mr Henrik W.K. KASPERSEN, Vrije Universiteit Amsterdam -
Chairman of the PC-CY / Président du PC-CY
Mr Marc KNAAPEN, Ministry of Justice
Mrs Monique MOS, Ministry of Justice
Mr Alexander PATIJN, Ministry of Justice
Mr Bart VAN DER LINDEN, Ministry of Justice

NORWAY / NORVÈGE
Mrs Ann-Kristin OLSEN, County Governor, Vest-Agder -
Chair of the PC-SE / Présidente du PC-SE
* Mr Knut Erik SAETER, Ministry of Justice
Mr Marius STUB, Ministry of Justice

POLAND / POLOGNE
Mr Andrzej ADAMSKI, University of Torun
* Mr Jacek GARSTKA, Ministry of Justice
Ms Monika PLATEK, University of Warsaw

PORTUGAL
* Ms Ana Cristina BRANCO, Ministère de la Justice

ROMANIA / ROUMANIE
Mr George BALAN, General Prosecutor’s Office
Mr Titus CORLATEAN, Permanent Representation of Romania to the Council of Europe
* Mme Nicoleta ILIESCU, Ministère de la Justice

RUSSIAN FEDERATION / FÉDÉRATION DE RUSSIE
Mr Sergey TARASENKO, Ministry of Foreign Affairs
* Mr Yuri ZHDANOV, Moscow Academy, Ministry of the Interior

SAN MARINO / SAINT-MARIN
Apologised / Excusée

SLOVAKIA / SLOVAQUIE
Mr Branislav BOHÁČIK, Ministry of Justice
* Mrs Anna ONDREJOVÁ, Prosecutor General’s Office

SLOVENIA / SLOVÉNIE
* Ms Andreja LANG, Ministry of Justice
Mr Boštjan TRATAR, Ministry of Justice

SPAIN / ESPAGNE
M. Alberto LAGUIA ARRAZOLA, Ministère de la Justice
M. Amadeu RECASENS i BRUNET, Université de Barcelone, et Escola de Policia de Catalunya -
Scientific expert of the PC-PO / Expert scientifique du PC-PO

SWEDEN / SUÈDE
Mrs Lotta GUSTAVSON, Ministry of Justice
Mr Örjan LANDELIUS, Ministry of Justice

SWITZERLAND / SUISSE
M. Mario-Michel AFFENTRANGER, Office Fédéral de la Justice
Mr Andrea CANDRIAN, Federal Justice Office
* M. Peter MÜLLER, Département Fédéral de Justice et Police

“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” /
«L'EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE»
* M. Nikola MATOVSKI, Université "St Cyrille et Méthode"
Mr Georgi MARJANOVIĆ, "St Cyrille et Méthode" University

TURKEY / TURQUIE
Mr Abdülkadir KAYA, Ministry of Justice
* Mr Şeref ÜNAL, Ministry of Justice

UKRAINE
Mr Igor DRIZHCHANY, Prosecutor General’s Office
* Mr Leonid KOZHARA, Administration of the President

UNITED KINGDOM / ROYAUME-UNI
* Mr Richard BRADLEY, Home Office
Mr John FENNELL, Home Office
Sir Graham SMITH, Home Office - Chairman of the PC-CP / Président du PC-CP

* * * * *

CDPC BUREAU / BUREAU DU CDPC
(CDPC-BU)

CYPRUS / CHYPRE
Mr George ANASTASSIADES, Formerly Ministry of Justice and Public Order
Apologised / Excusé

CZECH REPUBLIC / REPUBLIQUE TCHEQUE
Ms Irena STÁTNÍKOVÁ, Ministry of Justice

FRANCE
M. Daniel FONTANAUD, Ministère de la Justice

GERMANY / ALLEMAGNE
Mr Michael GROTZ, Bundesministerium der Justiz -
Chairman of the CDPC / Président du CDPC

POLAND / POLOGNE
Mr Jacek GARSTKA, Ministry of Justice

SPAIN / ESPAGNE
M. Francisco BUENO ARÚS, Ministère de la Justice
Apologised / Excusé

SWEDEN / SUÈDE
Mr Örjan LANDELIUS, Ministry for Foreign Affairs

* * * * *

CRIMINOLOGICAL SCIENTIFIC COUNCIL
CONSEIL SCIENTIFIQUE CRIMINOLOGIQUE
(PC-CSC)

AUSTRIA / AUTRICHE
Ms Christa PELIKAN, Institut für Rechts-und Kriminalsoziologie, Wien

CZECH REPUBLIC / REPUBLIQUE TCHEQUE

Ms Helena VALKOVÁ, University of West Bohemia in Pilsen

GERMANY / ALLEMAGNE
Mr Frieder DÜNKEL, Ernst-Moritz-Arndt-Universität Greifswald -
Chairman of the PC-CSC / Président du PC-CSC

GREECE / GRECE
Ms Calliope D. SPINELLIS, University of Athens

SWEDEN / SUEDE
Mr Hanns von HOFER, Stockholm University Apologised / Excusé

UNITED KINGDOM / ROYAUME-UNI

Mr Michael LEVI, Cardiff School of Social Science Apologised / Excusé

* * * * *

COUNCIL FOR PENOLOGICAL CO-OPERATION
CONSEIL DE COOPÉRATION PÉNOLOGIQUE
(PC-CP)

Sir Graham SMITH, Home Office - Chairman / Président

* * * * *

PARLIAMENTARY ASSEMBLY - COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS /
ASSEMBLÉE PARLEMENTAIRE - COMMISSION DES QUESTIONS JURIDIQUES ET DES DROITS DE L'HOMME
Mr Ivar TALLO, Member of the Riigikogu of Estonia

CONGRESS OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE /
CONGRÈS DES POUVOIRS LOCAUX ET RÉGIONAUX DE L'EUROPE
M. MANS, Président de la chambre locale de la Commission cohésion sociale

* * * * *

EUROPEAN COMMUNITY / COMMUNAUTÉ EUROPÉENNE

COMMISSION
Mr Jürgen FRIEBERGER, Directorate-General Justice and Home Affairs,
Unit for Judicial Co-operation in Criminal Matters
Mr Christopher JONES, Directorate-General Justice and Home Affairs, Unit for Judicial Cooperation in Criminal Matters
Mr Ilias CHANTZOS, Directorate-General Information Society, Unit for Internet Services

GENERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN UNION
SECRÉTARIAT GÉNÉRAL DU CONSEIL DE L'UNION EUROPÉENNE
Apologised / Excusé

* * * * *

NON-MEMBER STATES / ETATS NON-MEMBRES

BELARUS / BÉLARUS
M. Andrey GRINKEVICH, Ministry of Foreign Affairs

BOSNIA AND HERZEGOVINA / BOSNIE-HERZÉGOVINE
Mr Nikola DJUKIC, Representation of Bosnia-Herzegovina to the Council of Europe
Mr Marinko JURČEVIĆ, Federalno Tuzilastvo
Mrs Emina MERDAN, Representation of Bosnia-Herzegovina to the Council of Europe
Mr Cipot STOJANOVIC, Representation of Bosnia-Herzegovina to the Council of Europe

FEDERAL REPUBLIC OF YUGOSLAVIA / REPUBLIQUE FEDERALE DE YOUGOSLAVIE
M^me Jasmina SAHINOVIC, Ministère Fédéral de l’Intérieur

* * * * *

OBSERVERS WITH THE COUNCIL OF EUROPE /
OBSERVATEURS AUPRES DU CONSEIL DE L’EUROPE

HOLY SEE / SAINT-SIÈGE
Mme Odile GANGHOFER, Docteur en Droit

UNITED STATES OF AMERICA / ÉTATS-UNIS D'AMÉRIQUE
Mr Kenneth HARRIS, Office of International Affairs, Department of Justice
Mr John LYNCH, Computer Crime and Intellectual Property Section, Department of Justice
Mr Mark RICHARD, Department of Justice
Mr Richard C. VISEK, Office of the Legal Adviser, State Department

CANADA
Mr Donald Kenneth PIRAGOFF, Department of Justice

JAPAN / JAPON
Mr Yoshihide ASAKURA, Consulate General of Japan in Strasbourg
Mrs Junko HAYAKASHI, Ministry of Economy, Trade and Industry
Mrs Manami MURAKASHI, Ministry of Foreign Affairs
Mr Takashi NONOUE, Ministry of Justice
Mr Hirofumi TAKINAMI, Ministry of Justice
Mr Masao TATSUZAKI, National Police Agency
Mr Takashi YAMASHITA, Ministry of Justice

MEXICO / MEXIQUE

International Intergovernmental Organisations /
Organisations Internationales Intergouvernementales

UNITED NATIONS / NATIONS UNIES

EUROPEAN INSTITUTE FOR CRIME PREVENTION AND CONTROL,
AFFILIATED WITH THE UNITED NATIONS (HEUNI)
Ms Terhi VILJANEN, Senior Programme Officer

UNITED NATIONS ASIA AND FAR EAST INSTITUTE FOR THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS (UNAFEI)
Apologised / Excusé

UNITED NATIONS INTERNATIONAL DRUG CONTROL PROGRAMME (UNDCP)
Apologised / Excusé

UNITED NATIONS INTERREGIONAL CRIME AND JUSTICE RESEARCH INSTITUTE (UNICRI)
Apologised / Excusé

UNITED NATIONS LATIN AMERICAN INSTITUTE FOR THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS (ILANUD)

I.C.P.O. INTERPOL / O.I.P.C. INTERPOL

International Non-governmental Organisations /
Organisations Internationales Non-gouvernementales

COUNCIL OF THE BARS AND LAW SOCIETIES OF THE EUROPEAN COMMUNITY / CONSEIL DES BARREAUX DE LA COMMUNAUTE EUROPEENNE (CCBE)

INTERNATIONAL ASSOCIATION OF PENAL LAW (IAPL)
ASSOCIATION INTERNATIONALE DE DROIT PÉNAL (AIDP)
Mlle Aglaia TSITSOURA, Université "Panteios", Athènes

INTERNATIONAL BAR ASSOCIATION
Mr Monty RAPHAEL, Chair Anti-Corruption Working Group

INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY

INTERNATIONAL CENTRE OF SOCIOLOGICAL PENAL AND PENITENTIARY RESEARCH AND STUDIES (INTERCENTER) / CENTRE INTERNATIONAL DE RECHERCHES ET D'ÉTUDES SOCIOLOGIQUES, PÉNALES ET PÉNITENTIAIRES
M. Edouard JANSSENS, Vice-Président

INTERNATIONAL PENAL AND PENITENTIARY FOUNDATION (IPPF)
FONDATION INTERNATIONALE PÉNALE ET PÉNITENTIAIRE (FIPP)

INTERNATIONAL SOCIETY FOR CRIMINOLOGY (ISC)
SOCIÉTÉ INTERNATIONALE DE CRIMINOLOGIE (SIC)
M. Georges PICCA, Secrétaire Général

INTERNATIONAL SOCIETY OF SOCIAL DEFENCE (ISSD)
SOCIÉTÉ INTERNATIONALE DE DÉFENSE SOCIALE (SIDS)

PENAL REFORM INTERNATIONAL (PRI)

PERMANENT EUROPEAN CONFERENCE ON PROBATION AND AFTERCARE
CONFÉRENCE PERMANENTE EUROPÉENNE DE LA PROBATION (CEP)
Mr John WALTERS, Secretary General

WORLD SOCIETY OF VICTIMOLOGY /
SOCIÉTÉ MONDIALE DE VICTIMOLOGIE
Mlle Aglaia TSITSOURA, Université "Panteios", Athènes

* * * * *

SECRETARIAT

Mrs Marie-Odile WIEDERKEHR Director for Legal Co-operation
Directrice de la Coopération Juridique

Mr Hans-Jürgen BARTSCH Head of the Department of Crime Problems /
Chef du Service des Problèmes Criminels

Mr Candido CUNHA Head of the Criminal Law and Criminal Justice Division /
Chef de la Division Droit pénal et Justice pénale

Mr Manuel LEZERTUA Head of the Economic Crime Division /
Chef de la Division Criminalité Economique

Mr Stephanos STAVROS Head of the Penology and Criminology Division /
Chef de la Division Pénologie et Criminologie

Mr Peter CSONKA Deputy Head of the Economic Crime Division /
Chef adjoint de la Division Criminalité Economique

Mr Björn JANSON Administrative Officer / Administrateur

Ms Caterina BOLOGNESE Administrative Officer / Administrateur

Mr Carlo CHIAROMONTE Administrative Officer / Administrateur

Ms Anita VAN DE KAR Administrative Officer / Administrateur

Mrs Marie-Louise FORNES Central Office / Bureau Central

Ms Claire GROVE )
Mrs Marie-Rose PRÉVOST ) Assistants / Assistantes
Mrs Elspeth REILLY )
Mrs Marose BALA-LEUNG )

* * * * *

Mr Tim CARTWRIGHT Head of Planning and Evaluation Department /
Chef du Service de Planification et d’Evaluation

* * * * *

Interpreters / Interprètes
Mlle Sarah ADLINGTON
Mme Amanda BEDDOWS
Mme Marie-José HALT
Mme Cynera JAFFREY
Mr Jean-Louis WÜNSCH

APPENDIX II

AGENDA

OPENING OF THE MEETING

1 Address by the Deputy Secretary General
Statement by the Director for Legal Co-operation

2* Adoption of the agenda

3 Information provided by the Secretariat

STRUCTURES OF THE CDPC

4* Election of:

- the Chairperson and two members of the Bureau
- three members of the Council for Penological Co-operation
- two members of the Criminological Scientific Council

ACTIVITIES OF THE CDPC

Committees

5* Crime in cyber-space (PC-CY):
Draft Convention on Cybercrime and Explanatory Report

6* Operation of European Conventions in the penal field (PC-OC):
- Draft Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters and Explanatory Report
- Other items for information

7* Police ethics and problems of policing (PC-PO):
- Draft European Code of Police Ethics and Explanatory Memorandum
- Follow-up to the monitoring of police forces: proposals


_______________

NB: Agenda items with an asterisk (*) require a decision.

8* Criminological and criminal law aspects of organised crime (PC-CO/PC-S-CO):
- Draft Recommendation concerning guiding principles on the fight against organised crime and Explanatory Memorandum
- Reports on the organised crime situation
- Best practice surveys

9* Council for Penological Co-operation (PC-CP):
- Conditional release (parole): progress report (for information)
- Revision of the European Prison Rules: terms of reference
- SPACE: progress report (for information)
- Other items for information

10* Remand in custody and its implications for the management of penal institutions (PC-DP):
Terms of reference

11* Internal security services (PC-S-SEC):
Composition of Group of Specialists

12 New ways of dealing with juvenile delinquency (PC-JU):
Progress report (for information)

13* Protection of children against sexual exploitation (PC-SE):
Draft Recommendation on the Protection of Children Against Sexual Exploitation and Explanatory Memorandum

14 Evaluation of anti-money laundering measures (PC-R-EV):
Progress report (for information)

15 Partnership in crime prevention (PC-PA):
Progress report (for information)

16 Management of long-term prisoners (PC-LT):
Progress report (for information)

17* Follow-up action to the monitoring of judicial systems (PC-WG-Monitor/JS):
Report

18 Advisability of drawing up an Additional Protocol to the Money Laundering Convention (PC-S-ML):
Progress report (for information)

19 Developments in international co-operation in criminal matters – “New Start” (PC-S-NS):
Progress report (for information)

Conferences and Colloquia

20 Second consultation meeting on the Statute of the International Criminal Court (Strasbourg, 2001): preparation

21 24^th Conference of European Ministers of Justice (Moscow, 2001): preparation

22 13^th Conference of Directors of Prison Administration (Strasbourg, 2002): preparation

23 22^nd Criminological Research Conference (Strasbourg, 2003): preparation

24 Pan-European Conference of Public Prosecutors (Bucharest, 2001): conclusions

Future work programme

25 Implementation of activities already included in the work programme

26* New activities for 2002/2003, including
- police matters
- judicial control of deprivation of liberty
- protection of children against sexual exploitation


27 ITEMS FOR INFORMATION

- Co-operation programmes for strengthening the Rule of Law
- “Octopus” Project
- European Conferences of Specialised Services against corruption
- Publications
- New developments in legislation, policy and administrative practice in member States in the field of crime problems
- Forum for Children and Families
- Pompidou Group
- Co-operation with the European Union
- Co-operation with United Nations
- Activities of international organisations (other than United Nations) in the field of crime problems
- Relations between the Council of Europe and OECD
- Co-operation with Financial Action Task Force (FATF) (cf. item 14)
- International Criminal Tribunal for the former Yugoslavia / Establishment of an International Criminal Court (cf. item 20)
- Stability Pact for South Eastern Europe: corruption and organised crime initiatives

OTHER SUBJECTS

28 Activities of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly

29 Activities of the Multidisciplinary Group on Corruption (GMC)
- Draft Additional Protocol to the Criminal Law Convention on Corruption
- Draft Recommendation on common rules against corruption in the funding of political parties and electoral campaigns

30* Working Party on the implications of data protection for police and judicial co-operation in criminal matters (CJ-PD/GT-PJ): appointment of a CDPC representative

31 Other business

32* Date of the next plenary session.

APPENDIX III

SPECIFIC TERMS OF REFERENCE OF THE COMMITTEE OF EXPERTS
ON REMAND IN CUSTODY AND ITS IMPLICATIONS
FOR THE MANAGEMENT OF PENAL INSTITUTIONS
(PC-DP)

DECISION CDPC/117/220601

1. Name of the Committee: Committee of Experts on remand in custody and its implications for the management of penal institutions (PC-DP)

2 Type of Committee: Committee of Experts

3. Source of terms of reference: European Committee on Crime Problems (CDPC)

4. Terms of reference

For the purpose of the Committee’s work, persons remanded in custody should be taken to include all persons deprived provisionally of their liberty by decision of a prosecutor or court.

While it is generally acknowledged that remand in custody should be “an exceptional measure” reduced to the “minimum compatible with the interests of justice” (Recommendation No. R (80) 11), the Council of Europe’s annual penal statistics (SPACE I) reveal that pre-trial detainees continue to make up an important part of the total prison population.

Remand in custody, in particular when used at a large scale and over longer periods, raises concerns as to the presumption of innocence and the efficiency of the justice system. The great number of remand prisoners and the length of their detention also puts a heavy burden on the management of places of detention.

Although remand prisoners are presumed innocent, it is widely recognised that the conditions of detention for this category are often worse than those experienced by convicted prisoners. This applies both to material conditions of detention as to regime facilities. In addition, remand prisoners are frequently subject to restrictions in their right to communicate with other prisoners as well as with family and friends and in some countries also with their lawyers.

The conditions of pre-trial detention and the need for safeguards against abusive restriction of rights and ill-treatment of remand prisoners are also a permanent item on the agenda of the Steering Groups for the reform of the prison systems of several member States, in particular with regard to custody in police cells or in remand prisons managed by the police.

The Committee of Experts should consider in particular the following aspects:

a. the need to update Recommendation No. R (80) 11 concerning custody pending trial, in the light of new developments in the use of pre-trial detention, taking into account Recommendation 1245 (1994) on the detention of persons pending trial adopted by the Parliamentary Assembly and the reply given by the Committee of Ministers on 11 September 1995. In particular, the Committee should examine the contemporary legal and judicial justification for the use of remand in custody, the desirability of developing risk assessment instruments and the use of alternatives to remand in custody;

b. ways to improve the conditions of detention of remand prisoners, in particular:
- the material conditions of detention (separate from or together with convicted prisoners, single/multiple cells, sanitary facilities, libraries, sport activities, health care, etc.);
- regime aspects such as time spent out of cell, work, education, participation in - and preparation for - treatment programmes as well as contacts with other prisoners and the outside world;
- the management of special categories of remand prisoners such as juveniles, women, elderly, foreigners, mentally disturbed and violent prisoners;
- the selection and training of staff working with remand prisoners.

c. ways to prevent undue restriction of rights and ill-treatment of remand prisoners, with special emphasis on:
- information on their legal rights; provision of facilities to prepare their defence; access to their own doctor or dentist;
- decision-making in respect of remand prisoners (competence of prison directors, judges, prosecutors);
- inspection and monitoring of the conditions of remand in custody;
- individual complaints procedures;
- conditions of remand in custody in police cells, or in remand prisons where these are not under the authority of the prison administration.

The study conducted by the Committee should lead to a Report and a Recommendation setting out, in particular, guidelines for good practice, bearing in mind existing instruments and in particular the European Convention on Human Rights and its case-law, the European Prison Rules, Recommendation N° R (80) 11 concerning custody pending trial as well as the reports by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT).

5. Membership of the Committee:

a. One expert appointed by the Government of each of the following member States:

Austria, Croatia, Estonia, Finland, France, Germany, Greece, Italy, Netherlands, Poland, Portugal, Romania, Slovakia, Turkey, United Kingdom²

b. The Council of Europe budget will bear the travel and subsistence expenses for one expert from each of the aforementioned States (except United Kingdom).

c. Qualifications required of Committee members: practitioners with experience in the management of remand prisoners.

d. The Bureau of the CDPC may authorise the admission of observers to the Committee.

6. Working structures and methods: -

7. Duration:

These terms of reference will expire on 31 December 2003.

APPENDIX IV

SPECIFIC TERMS OF REFERENCE OF THE GROUP OF SPECIALISTS
ON INTERNAL SECURITY SERVICES
(PC-S-SEC)

DECISION CDPC/118/220601

1. Name of the Committee: Group of Specialists on Internal Security Services (PC-S-SEC)

2 Type of Committee: Committee of Experts

3. Source of terms of reference: Committee of Ministers (733^rd meeting, 7 December 2000)

4. Terms of reference:

The committee will undertake a study on the role and responsibilities of internal security services with a view to preparing a report detailing, inter alia, the feasibility of recommendations in this regard.

In the execution of its terms of reference the committee shall bear in mind Parliamentary Assembly Recommendation 1402 (1999) and take account of:
 
- the relevant case-law of the European Court of Human Rights;
- the relevant Council of Europe instruments;
- the current work of the Committee of Experts on Police Ethics and Problems of Policing (PC-PO).

5. Membership of the committee:

a. All member states are entitled to appoint one or more experts (preferably no more than two).

b. Two scientific experts shall be appointed by the Secretariat.

c. The Council of Europe budget will bear the travel and subsistence expenses of one expert in respect of: Cyprus, Denmark, Estonia, Ireland, Italy, Latvia, Lithuania, Malta, Portugal, Sweden, Switzerland, Romania, Russia, Ukraine and United Kingdom, and of the two scientific experts.

d. Qualifications required of Committee members: experts on the legal aspects of the organisation, role, duties and mode of functioning of internal security services; public prosecutors and judges versed in the relevant case-law.

e. The European Commission and the Secretariat General of the Council of the European Union may send representatives to the committee's meetings, without voting rights or defrayal of expenses.

f. The CDPC Bureau may authorise observers to attend the committee's meetings.

6. Working structures and methods

On completion of its work, the committee will transmit its results to the Committee of Ministers through the CDPC.

7. Committee(s) informed of the terms of reference for action:

European Committee on Crime Problems (CDPC).

8. Committee(s) informed of the terms of reference for information:

- European Committee on Legal Co-operation (CDCJ)
- Steering Committee for Human Rights (CDDH)
- Project Group on Data Protection (CJ-PD)
- Committee of Experts on Police Ethics and Problems of Policing (PC-PO).

9. Duration:

These terms of reference will expire on 31 December 2002.

APPENDIX V

SPECIFIC TERMS OF REFERENCE OF THE COMMITTEE OF EXPERTS
ON THE CRIMINALISATION OF ACTS OF A RACIST OR XENOPHOBIC
NATURE COMMITTED THROUGH COMPUTER NETWORKS
(PC-RX)

1. Name of the Committee: COMMITTEE OF EXPERTS ON THE CRIMINALISATION OF ACTS OF A RACIST OR XENOPHOBIC NATURE COMMITTED THROUGH COMPUTER NETWORKS (PC-RX)

2. Type of the Committee: Committee of Experts

3. Source of terms of reference: European Committee on Crime Problems (CDPC)

4. Terms of reference:

Note  a. The CDPC approved in June 2001 the draft Convention on Cyber-Crime and transmitted it to the Committee of Ministers with a view to its adoption and opening for signature. This instrument is aimed at the co-ordinated criminalisation of certain offences committed against or through computer networks and provides for the adoption of criminal procedure and international co-operation measures to combat this form of criminality. However, the Convention does not deal with the issue of the criminalisation of behaviour which consist in the dissemination of messages or material of a racist or xenophobic nature through computer networks. This issue was left out from the “mother” Convention because some delegations expressed strong concern about including such a provision, inter alia on freedom of expression grounds. It was therefore decided to draw up an additional Protocol to the Convention on this issue.

Note  b. Many States have already criminalised certain acts related to racist or xenophobic content. However, the dissemination of such material through computer networks poses even greater challenges for law enforcement. It is thus necessary to adopt a co-ordinated approach which enables an effective domestic and international response, based on common elements to be included in an additional Protocol to the Convention on Cyber-Crime. Such a Protocol would entail an extension of the Convention’s scope, including its substantive, procedural and international cooperation provisions, so as to cover also offences of racist or xenophobic propaganda. Thus, apart from harmonising the substantive law elements of such behaviour, the Protocol would improve the ability of the Parties to make use of the means and avenues of international cooperation set out in the “mother” Convention in this area.

c. The Committee's terms of reference are as follows:

Taking into account the Convention on Cyber-Crime as well as other relevant legal instruments adopted within the Council of Europe and in other international fora, and with due regard to applicable principles of human rights and liberties, such as freedom of expression, the Committee shall examine the following subjects with a view to their possible inclusion in a draft additional Protocol to the Convention on Cyber-Crime:

i) the definition and scope of elements for the criminalisation of acts of a racist or xenophobic nature committed through computer networks, including the production, offering, dissemination or other forms of distribution of materials or messages with such content through computer networks;

ii) the extent of the application of substantive, procedural and international co-operation provisions in the Convention on Cyber-Crime to the investigation and prosecution of the offences to be defined under the additional Protocol;

The Committee should prepare, on the basis of the indications above, a draft additional Protocol, open to the signature and ratification of Parties to the Convention on Cyber-Crime.

5. Membership of the Committee:

a. one expert appointed by the Government of each of the following member States:

Albania, Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom,

one expert appointed by the Government of each of the non-member States having participated in the drafting of the Convention on Cyber-Crime,

as well as a scientific expert appointed by the Secretariat.

b. The Council of Europe budget will bear the travel and subsistence expenses of one expert from each of the following member States: Albania, Austria, Bulgaria, Czech Republic, France, Finland, Greece, Hungary, Latvia, Lithuania, Netherlands, Romania, Russian Federation, Slovakia, Slovenia, Spain, as well as those of the scientific expert.

The other experts participate at their Governments’ expense.

c. Members' desirable qualifications: public officials dealing with xenophobic or racist content or computer crime cases, experts having conducted research in this field; persons appointed should also have international experience in the fight against racism and/or in the computer crime area. Preference should be given to members of previous Council of Europe expert committees on computer-related crime.

d. The Commission of the European Communities and the Secretariat General of the Council of the European Union may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

e. The Bureau of the CDPC may authorise the admission of other observers to the Committee.

6. Working structures and methods: -

7. Duration:

These terms of reference will expire on 30 April 2002.