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Международный терроризм

The Council of Europe and international action against terrorism after 11 September 2001 Report by the Secretary General

1. This report has been prepared for the ministerial meeting on 7-8 November 2001, and is intended to help the Ministers define the contribution which the Council of Europe has a duty to make to international action against terrorism after 11 September. The term "action" hereunder is used in a broad sense. It covers the fight against terrorism proper, management of the effects of terrorism, and measures aimed at various factors likely to fuel it.

I propose to:

1. Improve the effectiveness of existing conventions through further signatures and ratifications and through the re-examination of reservations.

2. Open the European Convention on Suppression of Terrorism to observer states and to all OSCE states which are not members of the Council of Europe.

3. Create a multidisciplinary group on international action against terrorism responsible for improving existing mechanisms.

4. Develop new forms of mutual assistance in criminal matters in co-operation with the United Nations and the European Union.

5. Reinforce action to deprive international terrorism of its funding, notably through anti money laundering measures and the seizure of terrorist assets.

6. Examine the possible role of the future International Criminal Court.

7. Rapidly establish through the Steering Committee for Human Rights guidelines to oppose movements threatening fundamental values.

8. Offer expert advice quickly to member states on the conformity of their proposed anti-terrorist measures with the European Convention on Human Rights.

9. Strengthen activities which contribute to the reinforcement of social cohesion and the respect for cultural diversity.

10. Initiate discussion on multi-cultural and inter-religious issues in, and between, our societies in Europe and in its wider neighbourhood, together with the OSCE and the Organisation of the Islamic Conference.

11. Open the European Centre for Global Interdependence and Solidarity to the Southern Shores of the Mediterranean.

12. Contribute to the European Union's Barcelona Process, notably in the legal and cultural fields.

13. Adapt projects in the fields of education, media, minorities and the fight against social exclusion. Possible support of Council of Europe Development Bank in these fields.

14. Deal with aspects of terrorism in the planned Integrated Projects on vitalising democratic institutions and answers to the problem of everyday violence in democratic societies.

Terrorism on a new scale

2. In the last thirty years, terrorist acts, differing in their scale, support and declared objectives, have targeted various European states, to speak only of our continent. A European Convention on the suppression of terrorism was adopted in the 1970s, and the political debate on this form of violence has intensified, both at national and international level.

3. However, the attacks perpetrated in the United States have given terrorism a new and monstrous dimension. There are various reasons for this: the unprecedented violence of this deliberate onslaught on civilians, the means employed, the scale of the preparations made in various countries, and the absence of any immediate claim. These barbaric acts have been seen as expressing an unlimited desire for destruction, aiming not just at the United States, but at universal values. Their impact was immediate and global: in the space of a few hours, they had shocked millions of people world-wide, made us face the vulnerability of our societies, and sparked an unprecedented wave of solidarity with the victims.

4. It is still too soon to form a full picture of the lead-up to these particular attacks, from initial framing of the plan to recruitment and training of the men who carried it out. It is also too soon to say with certainty from what deep-seated causes this radical project developed - or to assess the relative effects on the planners, protagonists and supporters of anti-modem attitudes, unresolved conflicts, globalisation, humiliation, etc. Further analysis will be required to better understand the genesis of such acts that nothing could ever justify and to adjust the necessary reaction. Finally, it is too soon to assess the full impact: reappraisal of security, a new impetus for international co-operation, geopolitical changes, traumas, possible shifts in perceptions of "others", etc.

5. Condemnation, solidarity and first emergency measures marked the initial phase, but the time has now come to decide more clearly how we should respond to this largely new situation.

What we should do first and foremost

6. It is essential that we:

  • uphold the principle that presumed criminals must be brought to justice and
  • guaranteed a fair trial;
  • agree that defence of our fundamental values is an integral part of fighting
  • terrorism;
  • realise that fundamentalism and extremism unfortunately occur in all religions and cultures.

Acting within a wider international strategy

7. Responding to this kind of terrorism, which ignores frontiers and exploits several aspects of globalization (communications, financial circuits, media, etc.) calls for an exceptional international coalition at world level: governments, international institutions and non-governmental organizations must all participate. In its own fields of action and in accordance with its principles, the Council of Europe must contribute to, and support, this coalition, making the most of its specific capabilities and pan-European dimension.

8. The Council's contribution can take as its starting point the inventory of relevant measures, under way or projected, which I have had prepared (see appendix I).

9. Such a contribution should look for inspiration to the proposals which emerged from the Parliamentary Assembly's debate in September, and which are contained in Recommendation 1534 (2001). It should be finalised in the light of the current political debate.

10.1 recommend that our response should have three cornerstones. First and obvious cornerstone: intensified legal co-operation against terrorism

11. One of the main aims of anti-terrorist action is to prevent terrorist acts. It further aims at bringing the presumed authors of terrorist to justice. To do this, we must have a legal framework which opens the way to substantial international cooperation between judicial authorities - precisely the kind of framework which only the Council has established at pan-European level.

12. As the Ministers' Deputies emphasised on 21 December, and as the Ministers of Justice recommended at their 24th conference in Moscow on 4-5 October 2001, the first step must be to capitalise on this asset and take speedy action to improve the effectiveness of the European conventions on suppression of terrorism, mutual assistance in criminal matters, compensation for victims of violence, money-laundering and cyber-crime by ensuring that all the states concerned sign and ratify these texts, and reconsider their reservations to them.

13. As the Parliamentary Assembly has suggested, the observer states should be invited to accede to the European Convention on Suppression of Terrorism, and extension of this text to other states should also be considered, in particular to the countries of Central Asia. An option could be to enlarge this Convention to all OSCE Participating States, as suggested at the "3+3" meeting on 30 October 2001.

14. Preparatory work is now completed on the creation of a multidisciplinary group on international action against terrorism (GMT) responsible for improving the existing mechanisms. The Ministers will be called upon to decide on this proposal.

15. The Council of Europe is also well placed to develop new forms of mutual assistance in criminal matters, together with the United Nations (on the basis of a universal definition of terrorism) and the European Union (introduction'of a European arrest warrant).

16. Reinforce action to deprive international terrorism of its funding must also be stepped up. Increased possibilities to seize terrorists' assets should also be examined. A Reflection Group is already exploring the advisability of drawing-up an additional protocol to the Convention on money-laundering. In doing so, it is drawing on the experience of mutual evaluation built up by the Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures. The work of these committees is highly practical, and should be given more support -particularly financial support. The action taken against corruption, organised crime, drug trafficking and trafficking in human beings should also be extended, since this would be another way of cutting off the funding of terrorism. In this context it would be desirable that further States join the Partial Agreement "GRECO".

17. Finally, the role which the future International Criminal Court might play in this area should also be examined. This question might be entrusted to the Ad Hoc Committee of Legal Advisors on Public International Law (CAHDI). eond cornerstone; no surrender on fundamental values

18. The fight against terrorism in all its forms must not disregard the requirements of democracy, human rights and the rule of law. These fundamental values are at the heart of any attempt to strike a balance between freedom and security, and we must be resolute in our determination to protect them.

19. Protecting fundamental values is the raison d'etre of the Council of Europe, which has acquired unique authority and expertise in this area, thanks to its standards and political monitoring procedures, the case-law of its European Court of Human Rights and other human rights protection structures, its assistance programmes and its networks of experts.

20. The Steering Committee for Human Rights should be instructed rapidly to finalise guidelines to help member states to oppose movements which are threatening the Council's fundamental values and principles.

21. Without waiting for these guidelines, it is important that member states should be able to obtain quickly Council of Europe expert advice on the conformity of their proposed anti-terrorist measures with fundamental values. Flexible ways of responding to such requests could easily be found on the basis of existing practices. In some cases, I might appoint a small group of reputed experts; in others, the Venice Commission or other bodies could be called upon. The Council's readiness to provide such expert guidance is an added value to international action. Member states would notably turn to it for help with the preparation and implementation of the anti-terrorist measures as specified in Resolution 1373(2001) of the UN Security Council. This Resolution, adopted on 28 September 2001, requires them to report on actions they have taken within 90 days of the adoption of the said Resolution.

Third cornerstone: investing in democracy for a more cohesive society

22. This third type of action would be longer-term. I am convinced that the Council of Europe's untiring efforts to develop democracies which are strong, respect diversity and aspire to greater social justice, help, in many ways, to weaken the factors which fuel terrorism.

23. This work - stepped up in the last few years in an effort to ensure democratic security in a rapidly expanding Europe and a globalisation context - relies on a number of complementary approaches. Intergovernmental action is stimulated, amplified and extended by the work of the Parliamentary Assembly, the Congress of Local and Regional Authorities, the judicial bodies and numerous nongovernmental partner organisations.

24. In particular, I would draw attention to the experience of cultural, religious and linguistic diversity which the Council has acquired in working together with its member states and the 800 million Europeans.

25. Careful examination of the Secretariat's inventory shows that many of the Council's current activities are likely to reduce the dangers of tension and radicalisation. The areas covered include education, youth, history teaching, protection of minorities, refugees and asylum-seekers, cultural democracy, intercultural education, mediation and conflict prevention, confidence-building measures in civil society, migration, action against incitement to hatred in the media, intolerance and racism, and the fight against social exclusion. These activities should be pursued and, as far as possible, strengthened.

26. On the basis of suggestions collected by an inter-departmental group established within the Secretariat, I intend, in the very near future, to mark out a small number of new paths for action to reduce the impact of terrorism, forestall possible radical clashes between communities which it threatens, and/or treat its causes.

27. First of all, we should develop wide, intense and regular discussion on the multicultural and inter-religious dimensions in and between our societies in Europe and its wider neighbourhood. This idea has been suggested by several of our Member States. In this context an enlarged European Conference has been mentioned.

28. The Council of Europe should help to implement this idea, on the basis of its numerous assets:

  • a wide experience in cultural co-operation enlarged to 48 States in the service of multi-cultural democracy; a North-South Centre for Global Interdependence and Solidarity, which should be enlarged to countries of the Southern shores of the Mediterranean;
  • the presence of the Holy See as observer, and links with the European Conference of Churches;
  • a membership reflecting wide cultural and religious diversity.

29. This discussion could be developed in close co-operation with the OSCE and other partners, in particular the Organisation of the Islamic Conference ((OIC).

30. In the same vein, the Council of Europe could usefully enhance its contribution to the European Union's Barcelona Process, particularly in the legal and cultural fields.

31. Other proposals concern:

Action to promote a better understanding between cultural and/or religious communities through school education, on the basis of shared principles of ethics and democratic citizenship;

Good media practices in dealing with terrorism;

Evaluation of the activities on minorities and migrants, and on participation by foreigners in political life, with a view to establishing whether further measures are now needed;

The role of local authorities in promoting dialogue between cultures, religions and communities;

Study of the many mutually-reinforcing hardship situations generating social exclusion, with a view to finding appropriate remedies.

The Council of Europe Development Bank might be called upon to support action in some of these fields, in particular to support projects on social exclusion.

32. Finally, I intend to include some aspects of the question of terrorism, and some of the approaches outlined above, in the integrated projects which the Council will be implementing in 2002-2004, for the purpose of vitalising democratic institutions, and also finding answers to the problem of everyday violence in democratic societies.

INVENTORY OF COUNCIL OF EUROPE'S ACTIVITIES RELEVANT IN THE ACTION AGAINST TERRORISM

This document contains an inventory of activities currently carried out by the Council of Europe in a number of areas of its competence, which are of relevance in the light of its longer-term action against terrorism. The inventory is not exhaustive and will be up-dated regularly by the Secretariat.

I. LEGAL FIELD

1. Legal instruments

European Convention on the suppression of terrorism (ETS no 090) (Following the Decisions of the Ministers' Deputies of 21 September 2001 (Decision 7) and Resolution No 1 of the European Ministers of Justice (Moscow, October 2001), the terms of reference of the GMT include the review of this Convention. When doing so the GMT will, in accordance with this Decision, bear in mind Recommendation 1426 (1999) of the Parliamentary Assembly on "European Democracies facing up to terrorism". In addition 'Decision No 3 of the Ministers' Deputies and Resolution No 1 of the European Ministers of Justice (Moscow, October 2001) urge member States, which have not done so to sign and ratify this Convention.

European Convention on Extradition (ETS no 24) and its two Additional Protocols (ETS no86 and 98)

European Convention on Mutual Assistance in Criminal Matters (ETS no. 30) and its Additional Protocol (ETS no. 99)

European Convention on the Transfer of Proceedings in criminal Matters (ETS no. 73) European Convention on the Compensation of Victims of Violent crimes (ETS no. 116) Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS no. 141).

As well as the following treaties, which will soon be opened to signature:

  • the Convention on Cybercrime (which should not only facilitate the gathering of evidence under electronic form concerning terrorism but also allow fighting against the commission of terrorist acts by computer means -to be opened for signature in Budapest on 23 November 2001). The Secretary General has expressed the wish that as many States as possible sign and ratify in the occasion of the opening.
  • the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (which is designed to facilitate mutual assistance notably by means of new technologies -to be opened for signature in Strasbourg on the occasion of the Ministerial Session on 8 November 2001).

With regard to all the above treaties the Deputies (Decision 5) called on signatory States which have entered reservations to consider withdrawing them or limiting their number, with a view to rendering those treaties as effective as possible.

Following the decisions by the Ministers' Deputies on 21 September 2001, the Secretary General addressed a letter on 2 October to the Ministers of Foreign Affairs, inviting States to sign and ratify the relevant Council of Europe treaties on the occasion of the forthcoming Ministerial

Session (8 November 2001) and to withdraw reservations. For each member State, a list of the treaties which had not yet been signed or ratified was appended.

Although not aimed specifically at international terrorism, the following other Council of Europe legal instruments outside the field of criminal law could also be taken into account when examining solutions to fight terrorism:

Compensation - in addition to the European Convention on the Compensation of Victims, of Violent crimes (ETS no. 116), the provisions of the Civil Law Convention on Corruption (ETS 174) concerning compensation for victims of corruption could be considered when examining means to compensate victims of terrorism. Account could also be taken of liability and compensation for activities dangerous to the environment (see the Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment - ETS 150) and for products (see European Convention on Products Liability in regard to Personal Injury and Death - ETS 091);

Investments and services - existing instruments concerning financial matters could be strengthened (e.g. Resolution (72)28 on investment funds. Resolution (72)50 on foreign institutions for collective investments, the Convention on Mutual Administrative Assistance in Tax Matters - ETS 127, the Convention on information and legal cooperation concerning "Information Society Services" - ETS 180);

Civil status and identity issues - In strengthening the means to identify persons account could be taken of matters such as parentage (the White Paper on this matter prepared for the CDCJ), identity cards (e.g. Resolution No (77)26), nationality (in particular the conditions for acquisition - the European Convention on nationality), the use of DNA analysis (Recommendation No R(92)l) and medical-legal autopsy rules (Recommendation No R (99)3).

2. European Ministers of Justice (2 Conference, Moscow, October 2001)

Of relevance in this context is Resolution No. 1 on combating international terrorism, adopted by the European Ministers of Justice at their 24th Conference in October 2001 (see the text of this Resolution in www.legal.coe.int).

3. GMTT and other relevant legal activities against terrorism

The Ministers' Deputies are considering the setting up of the GMT (see core of SGs report on legal co-operation)

The GMT will work under the auspices of the European Committee on crime problems (CDPC), the European Committee on Legal Co-operation (CDCJ), and the Steering Committee on Human Rights (CDDH) and will co-operate with other committees such as:

  • the Committee of Experts on the Operation of European Conventions in the penal field (PC-OC) which reviews the implementation and practical application of treaties in the criminal field;
  • the Reflection Group on developments in international co-operation in criminal matters (PC-S-NS). This Group has been set up to reflect on the future evolution of co-operation. It already met twice. Its main purpose is to prepare a "new start". Its terms of reference include an examination of the inter-relatijnship of the different international frameworks, above all the relations CoE-EU. In their decision adopted on 21 September 2001 (no. 8), the Deputies decided to give high priority to the activity currently being carried out by this Group and "instructed it to intensify its efforts in searching for new and more effective means of co-operation in the criminal field, including with respect to terrorism, as well as fostering coordination between international organizations and institutions working in that field."
  • another Reflection Group (PC-S-ML) is considering the practical operation of, and possible amendments to, the Money Laundering Convention by means of an additional protocol, in particular on such matters as criminalisation of money laundering in domestic law, use of provisional measures and confiscation, channels of communication in international cases, and the training and competence of specialized agencies.
  • the "review committee" (PC-R-EV) conducts mutual evaluations of member States' anti-money laundering measures (for those member States which are not members of the Financial Action Task Force - FATF), particularly measures taken to give effect to the Money Laundering Convention (ETS no. 141). It could be an important tool in the effort to deprive terrorist groups of their financial support. Unfortunately, the Committee suffers from an acute lack of funds, most of the running expenses being paid through voluntary contributions.
  • the Council on Police Matters ((PC-PM)serves as an advisory body to the CDPC on all matters relating to policing.
  • the Group of Specialists (PC-S-SEC) on internal security services whose work will be highly relevant to the fight against terrorism.
  • the Committee of legal advisers on public international law (CAHDI) will, following the instructions given by the Committee of Ministers (CM/Dec(2001)761/10.7) on European Democracies facing up to terrorism, through its Observatory on reservations to international treaties, periodically examine outstanding reservations to regional and universal international treaties relating to terrorism, facilitate mutual understanding about the underlying reasons for the formulation of such reservations and possibly foster coordinated reactions thereto. Moreover, the CAHDI (including observer States and international organizations to the Committee) will be asked to proceed to exchanges of views on conventions on terrorism under preparation within the United Nations, with a view to coordinating the position of member States in relation to the negotiations which are underway.
  • the European Committee on Crime Problems (CDPC) has also been instructed by the Deputies (Decision no. 9) to exchange views regularly on conventions on terrorism under preparation within the United Nations with a view to coordinating positions of member States.
  • the Project Group on Data Protection ((CL-PD)could provide an important contribution regarding in particular data protection issues in the police sector and in the framework of mutual legal assistance procedures connected with terrorism offences.

4. Co-operation Activities

Within the Council's co-operation programmes (mainly, but not exclusively, for the benefit of new member States and candidates for membership), expertise and advice are provided on the reform of domestic legislation (in particular criminal codes, codes of criminal procedure), the judiciary, the public prosecution services and the police, as well as on the implementation of treaties relating to international co-operation in criminal matters, these programmes could be extended to cover also the issues arising in connection with international terrorism.

II. HUMAN RIGHTSFIELD

1. Group of Specialists on democratic strategies for dealing with movements threatening human rights (DH-S-DEM)

The DH-S-DEM, which was established by the CDDH, held three meetings. It sent the CDDH its final activity report in May 1999. It had very broad terms of reference and was given the task of identifying democratic measures, consistent with respect for human rights, which could be used to counter the rise of movements threatening the Council of Europe's values, principles and standards in the human rights field. On this basis, it was to explore possibilities for action at European level, particularly in the fields of education and awareness-raising, analyse them and decide what legal and political restrictions should apply to them. Terrorism was, in other words, just one of the issues which the DH-S-DEM was to tackle (others included racism, extremist political parties, organised crime, sects, etc).

The DH-S-DEM made the point that action taken against these movements must respect the limitations laid down in the European Convention on Human Rights: any measures taken to eliminate threats to human rights must pursue a "legitimate purpose" be "provided for in law" and "necessary in a democratic society", and be proportional to the aim pursued. The specific measures advocated by the DH-S-DEM are still fairly traditional and should produce long-term effects. They aim at harmonious development of civil society, self-regulation of the media, and education and consciousness-raising in respect of democratic values and human rights.

2. Framework Convention for the Protection of National Minorities

The Framework Convention for the Protection of National Minorities has a relevance to the fight against intolerance as well as the fight against terrorism. Its importance lies in the preventive effect it can have in avoiding the fermenting of frustration amongst national minorities through protecting and promoting rights such as those contained under the Framework Convention.

Some Articles under the Framework Convention might also be said to have a protective effect such as contained in Article 6 which encourages a spirit of tolerance and intercultural dialogue, but also provides that "parties undertake to take appropriate measures to protect person who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity".

Other Articles negate the involvement of national minorities in actions such as terrorist action. Article 20 calls for persons belonging to a national minority to respect the national legislation and the rights of others, and Article 21 provides "Nothing in the present framework Convention shall be interpreted as implying any right to engage in any activity or perform any act contrary to the fundamental principles of international law and in particular of the sovereign, equality, territorial integrity and political independence of States".

The Framework Convention also has provisions relating to "free and peaceful contacts across frontiers" (Article 17) and provisions concerning conclusion of bilateral and multilateral agreements and transfrontier co-operation (Article 18) which may also have an importance in the fight against terrorism.

In terms of concrete projects, even if there is little of direct relevance at this stage, the following could be said:

  • in the monitoring work under the Framework Convention a heightened awareness of the preventive role of this Convention to avoid the fermentation of terrorism is something that can be taken into account. It is clear however that due attention will also have to be paid to any repressive measures in the fight against terrorism and how these impact on national minorities.
  • in activities such as projects concerning bi-lateral agreements (under the Stability Pact for South-East Europe), such issues could be given greater emphasis where appropriate.

3. Steering Committee on the Mass Media (CDMM)

The CDMM is behind several Committee of Ministers recommendations with an indirect bearing on terrorist activities:

Recommendation No. R (2001) 8 on self-regulation concerning cyber content (self-regulation and user protection against illegal or harmful content on new communications and information services (adopted on 5 September 2001). This recommendation calls on member states to encourage the Internet industry (service, content and access providers) to prevent, or at least attempt to restrict, the distribution of unlawful content, including content which is terrorist in character or purpose. Recommendation No. R (97) 19 on the portrayal of violence in the electronic media (adopted on 30 October 1997);

Recommendation No. R (97) 20 on "hate speech" (adopted on 30 October 1997);

Recommendation No. R (97) 21 on the media and the promotion of a culture of tolerance (adopted on 30 October 1997).

4. European Commission against Racism and Intolerance (ECRI)

Mention may be made of the ECRIs General Policy Recommendation No. 6 on "combating the dissemination of racist, xenophobic and anti-Semitic material via the Internet".

Concerning measures to ensure that action taken against terrorism does not violate human rights, mention may also be made of ECRI General Policy Recommendation No. 5 on "combating intolerance and discrimination against Muslims", one of the few international texts (if not the only one) adopted on Islarnopbia at European level.

5.Steering Committee/or Equality between Women and Men (CDEG)

The CDEG organized a seminar on "The participation of women in the prevention and resolution of conflicts" in Strasbourg on 20-21 September 2001. The theme was a fairly general one, but the attacks of 11 September 2001 obviously had an effect on the discussions. It was pointed out that taking violent revenge for acts of terrorism was no remedy, but merely exacerbated the problem. The participants urged the need for patience, so that the culprits could be identified and brought before an independent international court. They called for women to play a bigger part in preventing and settling conflicts, and also in promoting peace and human rights.

Concerning the funding of terrorism, mention should be made of one possible source - sexual exploitation, which is condemned in Committee of Ministers Recommendation No. R (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation (adopted on 19 May 2000), originated by the CDEG.

6.European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

The CPT investigates the treatment of persons deprived of their liberty, including those held on suspicion, or convicted, of terrorism.

In this connection, the CPT has made it clear that it abhors terrorism and that state authorities must take firm action against it. It has also stressed, however, that anti-terrorist measures must not lead to torture or ill-treatment, or to violations of other basic rights and freedoms (cf. public declaration on Turkey of 15 December 1992, paragraph 28; public declaration on Turkey of 6 December 1996, paragraph 11). This point was recently restated by the Chair of the CPT, at a hearing with the Committee of Ministers on 4 October 2001: "In the same way as everyone in this room, the CPT abhors terrorism. Terrorist activities must meet with a strong response from state authorities; and states which have to contend with such activities are entitled to the full support of others. At the same time, the fight against terrorism must never be allowed to degenerate into acts of torture and ill-treatment, or for that matter, into violations of other human rights and fundamental freedoms; this would be to sink to the level of the terrorist and would only undermine foundations of our democratic societies. Civilised nations must avoid the trap of abandoning civilised values."

The CPT recognises that the rights of persons on remand may be subjected to temporary restrictions (e.g. extension of the remand period, or a prohibition on contacting relatives before a certain time has elapsed) in this context - particularly for investigation purposes - but insists on the need for safeguards. It also insists on the need for fundamental guarantees against ill-treatment, e.g. access to lawyers and doctors as soon as a person is remanded (in police custody). The CPTss practical approach in this area has been amply demonstrated in several reports, particularly those on its visits to Turkey in 1997 (paras. 17-22, 28) and Spain in 1994 (paras. 60-68) and 1998 (paras 18-28).

7. Execution of judgments of the European Court of Human Rights

Note should be taken of the Court's insistence in its case-law that human rights, and particularly the proportionality principle, must be respected, even in fighting terrorism. This requirement is also spelt out in Committee of Ministers Interim Resolution DH (99) 434 (Human Rights -Action of the security forces in Turkey: measures of a general character), adopted on 9 June 1999. All the judgments and decisions mentioned in that Resolution may serve as examples.

III. SOCIAL COHESION

1. Drug related issues

Illicit drug production (crops, laboratories) and trafficking are often exploited as revenue sources for terrorist/ guerrilla movements. This involves both direct involvement of the terrorist movements members/sympathisers in the drug activities and "protection services" offered to producers in exchange for a (large) share in proceeds. Action in these areas is either outside the Council remit (crop substitution, alternative development) or can best be dealt with under a broader approach to organised crime/money laundering/corruption.

A specific Pompidou Group activity of relevance is the work carried out by the Cooperation Group of Control Services in European Airports. Whilst this is focused on the problems controlling passengers, luggage and freight for drugs, the techniques, personnel and equipment are often identical to those necessary for controlling other smuggling and immigration. There is therefore scope for greater synergy and coordination of dedicated intelligence networks.

New initiatives could also be developed to deal with the activities of terrorist members/sympathisers at the retail end of the drug market in the European countries. This would involve developing policing strategies to address dealing networks based in "closed" ethnic/community groups and which nevertheless avoid further marginalisation/stigmatisation of these groups.

As part of a general strategy to reinforce relations with moderate Arab Islamic populations, it would be appropriate to step up and widen the recent Pompidou Group initiatives to create networking of professionals and public services on drug issues in the Mediterranean Basin. In addition to the current projects involving assistance on drug monitoring and facilitating training for prevention and care services, attention should be given to criminal justice issues concerning expulsion of non-European drug offenders from our member States and to creating a dialogue on critical trafficking issues with States of North Africa.

In member States, attention to adaptation of treatment and social rehabilitation services to the specific needs and cultures of various populations and the development of culturally sensitive prevention initiatives would reduce the social marginalisation on which terrorist recruitment feeds.

2. Community relations (migrants)

In the framework of the Project "The integration of immigrants: towards equal opportunities" which ran from 1991 to 1995, the practical application of the principles contained in the report of the community relations project was examined. The aim was to promote exchanges of experience between people and organisations involved in action to promote integration and equal opportunities for migrants and populations of immigrant origin. Through such exchanges, practical guidelines have been drawn up for the use of governments and others concerned with integration questions.

The following documents and publications have been established in the framework of the Project and its follow-up activities:

Police training concerning migrants and ethnic relations, Practical guidelines, (ISBN 92-871-2459-0), Council of Europe Publishing, 1994;

Vocational training projects: towards equal opportunities, (ISBN 92-871-2568-6), Council of Europe Publishing, 1994;

Tackling racism and xenophobia: practical action at the local level, (ISBN 92-871-2695-X), Council of Europe Publishing; 1995;

Immigrant women and integration, (ISBN 92-871-2834-0), Council of Europe Publishing; 1995;

Tackling racist and xenophobic violence in Europe: review and practical guidance, Robin Oakley, (ISBN 92-871-3037-X), Council of Europe Publishing; 1996;

The role of management and trade unions in promoting equal opportunities in employment, (ISBN 92-871-3039-6), Council of Europe Publishing; 1996;

Area-based projects in districts of high immigrant concentration, (ISBN 92-871-3179-1), Council of Europe Publishing; 1996;

Tackling racist and xenophobic violence in Europe: case studies, (ISBN 92-871-3483-9), Council of Europe Publishing; 1997;

Measurement and indicators of integration, (ISBN 92-871-3498-7), Council of Europe Publishing; 1997.

In the final report on the project the Specialist Group concluded that the following elements below are all necessary for sustaining progress in the fields of integration and equal opportunities:

  • tangible support for integration from national and local political leaders and from senior managers in the main institutions;
  • a coherent strategy for funding projects with clear objectives and a long term focus;
  • preventive action to reduce racism and xenophobia and effective machinery for reducing discrimination and providing support for individual victims;
  • full participation of immigrants in planning and implementation of measures to promote integration;
  • training for all who work with immigrants at a variety of levels to help change attitudes and behaviour;
  • close attention to the implications for education and training, especially:
  • promoting tolerance and respect for others;
  • overcoming the factors which reduce the motivation of young immigrants;
  • providing training for language fluency for those who need it and for new migrants
  • such as those admitted for purposes of family reunion;
  • improving access to vocational training, paying particular attention to the needs of immigrant girls;
  • collection of accurate data to help analyse the causes of inequality and measure the effectiveness of policies.

3. Tensions and tolerance

A new phase of the CDMGs work was launched at the Sixth Conference of European Ministers responsible for migration affairs at their Warsaw Conference in June 1996. This is the project "Tensions and tolerance: building better integrated communities across Europe". Good practice guidelines and studies on new issues for integration policy were published, to provide practical assistance to countries seeking to develop or review their integration policies and to promote networking and exchange of experience between practitioners in the various fields of integration policy.

The following publications were the results of these activities:

"Community Relations" Series

Initiatives by employers to promote employment and integration of immigrants, (ISBN 92-871-3786-2), Council of Europe Publishing, 1998,

Political and social participation of immigrants through consultative bodies, (ISBN 92-871-3891-5), Council of Europe Publishing, 1999,4

Religion and the integration of immigrants. Council of Europe Publishing, (ISBN 92-871-4041-3), 1999;

4. Health

European Health Committee (CDSP) contributes through its work to avoid the fermentation of terrorism by combating social exclusion through the promotion of equity in access to basic health care services for vulnerable groups.

Work accomplished in this area includes:

Recommendation No (98) 7 on the ethical and organisational aspects of health care in prison. The Recommendation describes basic rights to health care in prison (access to a doctor; equivalence of care; patient's consent and confidentiality etc). Recommendation No (2000) 5 on the development of structures for citizen and patient participation in the decision-making process affecting health care. The Recommendation includes guidelines on citizen and patient participation as a democratic process, information, supportive policies for active participation and its mechanisms.

Recommendation No (2001) 12 on the adaptation of health care services to the demand for health care and health care services of people in marginal situations. The Recommendation sets out the principles to be respected when health care services have to be adapted to the needs of persons living marginal situations.

New activities could be developed to deal with the threat of bio terrorism. For example, a future study could be carried out on "The impact of the threat of bio terrorism on the organisation of health care services in Europe".

IV. EDUCATION, CULTURE, YOUTH AND SPORT

A. Education

The promotion of social cohesion, peaceful management of conflicts and the prevention of violence, including terrorist violence, are integral parts of a democratic education system, providing mechanisms for the transmission of key democratic principles, such as:

  • respect for others and oneself as bearers of fundamental rights in a community governed by equal rules and rational dialogue;
  • a sound understanding of society and the diversity of its cultures;
  • the skills necessary for citizenship and communication.
A number of key activities have been organised. 1. Educational strategies for social integration:
  • building curriculum and school environments promoting social integration and prevention of violence or discrimination;
  • joint seminars with local and regional authorities on violence at school.

2. Education/or democratic citizenship and human rights education:

Teacher training and curriculum development for civic and human rights education;

Euro-Arab dialogue on education for democratic citizenship (in co-operation with UNESCO);

Universities as sites of citizenship and civic responsibility.

3. Building tolerance and mutual understanding through the teaching of history, i.e. teaching of European history, the construction of a European and multicultural identity, the European dimension to world history and the global dimension of European history, including a multiperspective approach to history teaching. Specific examples:

"Crimes against humanity" project;

Teaching about conflictual periods.

4. Promoting intercultural understanding and tolerance through the learning of languages.

The policy-maker's guide to bilingual education Training activities in intercultural communication and transborder co-operation Bilateral assistance for human rights education, education for democratic citizenship and on reform of history teaching in countries of the former Yugoslavia;

Regional initiatives which include regular meetings of the Ministers of Education of

Southeast Europe, of countries of the former Yugoslavia and of the entities of Bosnia and Herzegovina.

"Tbilisi initiative" on the development and publication of a common textbook on the history of the Caucasus region;;

Education Policy and Minorities - support for national educational policies and equal opportunities based on European standards and for regional co-operation.

B. Culture

Culture contributes with a major project on "Culture and conflict prevention". The aim of the project is to define a strategy for democratic cultural policy based on a respect for cultural diversity. Indeed, it is in situations of conflict that terrorism better exploits cultural, ideological and religious differences. It is in these situations that culture may be misused in order to create -by promoting differences and exclusion - conditions that create violence. The different boundaries are therefore reinforced and one of the strongest, religion, may be easily turned into an instrument of combat.

Re-establishing dialogue between different cultures, and also over and above geographical and religious boundaries, is the aim of this project, the exploratory phase of which will end in December 2001. As a result, an action plan in 2002 and 2003 will be implemented. Examples of activities include:

Ministerial Conference "Culture and Conflict" organised by the Ministry of Culture of Croatia (Dubrovnik, 29-31 March 2001).

Studies on:

Culture and Conflict in Northern Ireland ;

"The role of culture in conflict prevention" (the situation in South-East Europe and more particularly in Croatia);

Nordic Council study on the role of culture in conflict prevention.

An action plan for 2002-2003 will be defined.

C. Cultural heritage

The cultural heritage, which comprises not only material assets, but also intellectual, ethical and spiritual values, should not become a source of self-assertion and conflict but should help communities and individuals to discover and accept one another.

Projects initiated under the "Europe, a common heritage" campaign which help to generate a sense of shared commitment to the values championed by the Council of Europe and encourage young people to take part in cultural exchanges and discover other communities and countries; Awareness raising activities: European Heritage Days taking place every year;

In 2001, a dialogue was launched between representatives of Christian (Catholics, Orthodox, Protestants) Jewish and Muslims through the idea of a common cultural heritage.

D. Youth and sport

Within the context of its work priorities on human rights education, participation and South-East Europe, the Directorate of Youth and Sport runs a number of activities addressed to youth leaders and project leaders working with young people (18-30 age group) dealing with conflict prevention, management, mediation and reconciliation. It is apparent that prevention and adequate management of conflict situations is essential to avoid them running out of control and into violent (including terrorist) action. In the last quarter of 2001 a number of activities have been or will be organised addressing this issue:

A seminar for 70 youth leaders, from all over Europe, involved in local initiatives on conflict mediation and resolution and a week-long training session for 30 youth leaders on the same subject.

A training course for some 30 minority group youth leaders dealing with inter-religious dialogue and community relations and 2 workshops for 40 youth leaders in Kosovo on conflict prevention and management (10 representatives of UNMIK will participate in the workshops.

A two week training course for 30 youth leaders on conflict prevention and management and a two week long training course for 35 youth leaders dealing with refugees and displaced persons in Azerbaijan.

The "Democratic Leadership" Programme which will be co-managed as from 2002 between the Directorate General of Political Affairs and the Directorate of Youth and Sport, also addresses this type of issues (see also below under civil society).

V. LOCAL AND REGIONAL AAUTHORITIES

Although local authorities are not directly responsible for anti-terrorist measures, they can contribute significantly to them. Some regions - at least those with legislative powers or police forces - can also play an important part. Current Congress activities with a bearing on direct or indirect action against terrorism include:

1. Urban violence and violence in schools (already covered by the interdisciplinary project on this question)

The Congress is preparing a handbook on local authority action against crime and urban insecurity, detailing the many activities and conferences which it has organised on this question in recent years.

The CLRAEs Committee on Social Cohesion will be organising a hearing on urban crime in 2002.

The CLRAE's Committee on Culture and Education will be organising a conference on violence in schools with DGIV in 2002. Education for non-violence will also be discussed.

2. Anti-terrorist measures and towns

The Bureau of the Chamber of Local Authorities has decided that the Chamber will hold a broad debate on action which towns can take to counter terrorism, at its mini-session in Strasbourg on 8 November 2001.

A major conference on "Towns and terrorism" is planned for 2002, provided that funding can be found - ideally in the form of special subsidies which the Secretary General might request for his programme of anti-terrorist measures.

3. Auxiliary measures in the fight against terrorism

The Congress has made repeated proposals on reviving the intercultural and institutional dialogue between countries north and south of the Mediterranean. Recently, these activities have led to the holding in Morocco of a number meetings on local democracy. So far, the Committee of Ministers has always had reservations on extension of the CLRAE's activities outside Europe. The Parliamentary Assembly, on the other hand, has supported the CLRAE and worked with it on various co-operation projects, particularly through the conferences of Mediterranean regions. The Congress had also envisaged a conference attended by Israeli and Palestinian associations of local authorities and their European counterparts, but the renewed fighting in the Middle East has led to this project's being shelved. This is an area where further work should be done with the backing of the Secretary General and the Committee of Ministers.

VI. CIVIL SOCIETY

The increasing importance of civil society as a key factor in the developing and sustaining democratic life has become a well-known reality. Besides being a partner to over 400 NGOs enjoying consultative status, the CoE has developed the following programmes:

The Confidence-building measures programme (CBM) is designed to improve tolerance and understanding between communities and to defuse tensions between different communities, both within member or applicant states as well as across borders. It is implemented through grass-roots projects, which enable participants to engage in dialogue, to learnand to work together so as to share experiences and promote mutual knowledge and understanding.

The democratic leadership programme (DLP), run jointly with the Youth sector, provides potential leaders in society with an expresses interest in pursuing an active life in the fields of politics, the media and civil society with practical training in the necessary skills that will enable them to take responsibilities in the political and civil society structures, whilst being part of a network of like-minded young people that is supported by the CoE through follow-up training and other actions. This is a very practical contribution to reinforcing democratic stability, notably through an emphasis on promoting political culture of moderation and tolerance Support to civil society initiatives focuses in the reinforcement of NGOs role in a pluralist democracy by increasing dialogue and co-operation between NGOs and public authorities in policy making and strengthening democratic accountability, transparency and local ownership through the civil society involvement in political processes. Projects also address the NGOs function in a democratic society in terms of conflict resolution and reconciliation.

VII. OTHER PROJECTS

Integrated Projects

At their 765bis meeting on 21 September 2001, the Committee of Ministers' Deputies decided to pay particular attention to the prevention of terrorism when they examine the Draft Programme of Activities for 2002, in particular as regards the two Integrated Projects "Responses to violence in everyday life in a democratic society" and "Making democratic institutions work: elections" and to examine the possibility of a third Integrated Project specifically devoted to the fight against terrorism.

Report of the Secretary General on Terrorism
5 November 2001г.




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