Committee of Ministers

Comité des Ministres

Strasbourg, 31 July 1998

Restricted

CM(98)126

For consideration at the 641^st meeting

of the Ministers’ Deputies

(15 September 1998, B level, item 10.3)

EUROPEAN COMMITTEE ON CRIME PROBLEMS

(CDPC)

47th Plenary Session

(22nd meeting as a Steering Committee)

Strasbourg, 8 - 12 June 1998

List of items discussed and decisions taken

1. The European Committee on Crime Problems (CDPC) held its 47th plenary session (22nd meeting as a Steering Committee) in Strasbourg from 8 to 12 June 1998 with Mrs M. Bonn (Netherlands) in the chair. The list of participants and the agenda appear at Appendices I and II respectively.

2. The CDPC heard addresses by Mr H.C. Krüger, Deputy Secretary General, and Mr M. Fischbach, former Minister of Justice of Luxembourg, to mark the 40^th anniversary of the Steering Committee: the European Commission on Crime Problems, the predecessor of the CDPC, had held its first meeting in Strasbourg from 30 June to 3 July 1958.

3. The CDPC elected Ms Irena Státníková (Czech Republic) and Mr Michael Grotz (Germany) as members of the Bureau. It also elected Mr Paolo Mancuso (Italy), Mr Wlodzimierz Markiewicz (Poland) and Mr Bertil Österdahl (Sweden), as members of the Council for Penological Co-operation.

Items requiring action by the Committee of Ministers

4. Pursuant to Decision No. CM/673/140597, the CDPC adopted an opinion on Assembly Recommendation 1327 (1997) on the protection and reinforcement of the human rights of refugees and asylum-seekers in Europe, in particular on its paragraphs 8 (vii (g) and vii (j)). The Committee of Ministers is invited to take note of the opinion (Appendix III).

5. Pursuant to Decision No. CM/691/221097, the CDPC adopted an opinion on Assembly Recommendation 1340 (1997) on the social and family effects of detention. The Committee of Ministers is invited to take note of the opinion (Appendix IV).

6. The CDPC adopted specific terms of reference for the Committees of Experts on police ethics and problems of policing (PC-PO) and on partnership in crime prevention (PC-PA). The Committee of Ministers is invited to approve the terms of reference for these two new committees, for which provision is already made in the Intergovernmental Programme of Activities for 1998 (Appendices V and VI).

7. In view of the long-term nature of the mandate of Committee PC-OC (operation of European Conventions in the penal field), the CDPC decided to propose the following change in the Committee's terms of reference: "Duration: unlimited, subject to periodical review by the CDPC". The Committee of Ministers is invited to approve this modification in the terms of reference of Committee PC-OC.

8. In order to enable the Committee of Experts on mediation in penal matters (PC-MP), the Committee of Experts on the role of the public prosecution in the criminal justice system (PC-PR) and the Enlarged Group of Specialists on trends in crime and criminal justice (PC-S-ST) to conclude their work, the CDPC agreed to extend their terms of reference, which would expire on 31 December 1998, until 31 December 1999. The Committee of Ministers is invited to approve these extensions of terms of reference.

9. The CDPC granted the request by Austria, one of the sponsor countries of the Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures (PC-R-EV), to be allowed to appoint an expert to participate in the Select Committee's work, without the right to vote or defrayal of expenses, and agreed to amend the Committee's terms of reference accordingly. The Committee of Ministers is invited to approve this amendment to the terms of reference of Select Committee PC-R-EV.

Other items

10. The CDPC was informed by the Director of Legal Affairs of developments in European legal co-operation and the action of the Council of Europe in this field, in particular of the Final Declaration and Action Plan adopted by the Second Summit of Heads of State and Government (Strasbourg, 10-11 October 1997), the procedures established by the Committee of Ministers and the Parliamentary Assembly for monitoring the commitments by member States, and the activities for the development and consolidation of democratic stability (ADACS).

11. With a view to implementing the relevant parts of the Action Plan adopted by the Second Summit of Heads of State and Government, the CDPC decided to set up a Reflection Group which will report to the Bureau of the CDPC by 31 October 1998; in consultation with Delegations, the Bureau will make proposals for the inclusion, where necessary, of new activities in the work programme.

12. The CDPC took note of the resolutions adopted by the 21^st Conference of European Ministers of Justice (Prague, 10-11 June 1997) and the conclusions of the 12^th Conference of Directors of Prison Administration (Strasbourg, 26-28 November 1997) and of the European Follow-up Conference to the 1996 World Congress against Commercial Sexual Exploitation of Children (Strasbourg, 28-29 April 1998). It also took note of the preparations for an ad hoc Conference of Directors of Prison Administration (Noordwijkerhout, Netherlands, 4-7 October 1998), the 12^th Criminological Colloquium on "police powers and accountability in a democratic society" (Strasbourg, 27-30 April 1999) and the 22^nd Conference of European Ministers of Justice (Chisinau, 1999).

13. The CDPC took note of the progress of work of the Multidisciplinary Group on Corruption (GMC) and adopted an opinion, for the attention of the GMC, on the draft Criminal Law Convention on Corruption.

14. The CDPC formulated observations with a view to facilitating a friendly settlement of difficulties which had arisen between Italy and the United States of America out of the application of the Convention on the Transfer of Sentenced Persons; it did so in accordance with Article 23 of that Convention (Appendix VII).

A P P E N D I X / A N N E X E I

LIST OF PARTICIPANTS / LISTE DES PARTICIPANTS

ALBANIA / ALBANIE

M. Avni DOÇI, Directeur du Département de l'Organisation, Ministère de la Justice

M^me Vjollca SKENDERI, Département de la Codification, Ministère de la Justice

ANDORRA / ANDORRE

M. Jean BRUNET, Président du Tribunal de Corts

*

AUSTRIA / AUTRICHE

M^r Karl DREXLER, Senior Public Prosecutor, Prison Department, Bundesministerium für Justiz

M^r Gert FELSENSTEIN, Director, Bundesministerium für Justiz

M^r Christian MANQUET, Head of Department, Penal Law Legislation Section, Bundesministerium für Justiz

Chairman of the GMCP / Président du GMCP

BELGIUM / BELGIQUE

*

M. Rudi TROOSTERS, Conseiller adjoint, Service des Questions Pénales, Générales et Internationales, Ministère de la Justice

M. Fernand VAN BRUSSELEN, Ambassadeur Extraordinaire et Plénipotentiaire, Représentant Permanent de la Belgique auprès du Conseil de l'Europe

BULGARIA / BULGARIE

Apologised / Excusé

_____________________

(1) 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.

CROATIA / CROATIE

*

Mr Mladen VULINEC, Head of Central National Bureau Interpol, Ministry of the Interior

CYPRUS / CHYPRE

M^rs Maria MALACHTOU-PAMBALLI, Councel of the Republic, Office of the Attorney General

*

CZECH REPUBLIC / RÉPUBLIQUE TCHÈQUE

*

M^r Jaroslava NOVOTNÁ, Director, Department of Legal Assistance, General Prosecutor's Office

DENMARK / DANEMARK

*

M^s Nanna JENSEN, Deputy Prison Governor, Department of Prisons and Probation, Direktoratet for Kriminalforsorgen

M^r Kaspar LINKIS, Deputy Director, Directorate of Public Prosecutions, Ministry of Justice

ESTONIA / ESTONIE

*

M^s Küllike TAITS, Prosecutor of Valga County

FINLAND / FINLANDE

M^r Ilari HANNULA, Counsellor of Legislation, Law Drafting Department, Ministry of Justice

M^r Paavo SILTANEN, Counsellor of Government, Prison Service Department, Ministry of Justice

FRANCE

M. Philippe CAVALERIE, Magistrat, Chargé de mission auprès du Directeur des Affaires Juridiques, Ministère des Affaires Etrangères

*

M. Philippe LABRÉGÈRE, Premier Substitut du Procureur de la République, Ministère de la Justice / Magistrat de Liaison, Ministero di Grazia e Giustizia

GERMANY / ALLEMAGNE

M^r Richard BLATH, Ministerialrat, Bundesministerium der Justiz

*

Mr Manfred MÖHRENSCHLAGER, Ministerialrat, Bundesministerium der Justiz

GREECE / GRÈCE

*

M^me Maria FARMAKI, Directrice, Division des Relations Internationales, Ministère de la Justice

HUNGARY / HONGRIE

M^s Beáta GURMAI, Department of International Law, Ministry of Justice

M^s Maria KURUCZ, Department of International Law, Ministry of Justice

ICELAND / ISLANDE

M^r Benedikt BOGASON, Director of Legal Affairs, Ministry of Justice

*

IRELAND / IRLANDE

*

ITALY / ITALIE

M^me Ersilia CALVANESE, Magistrat attaché à la Direction Générale des Affaires Pénales, Ministère de la Justice

M. Giovanni CONSO, Professeur, ancien Ministre de la Justice, Ministère de la Justice

*

M. Giuseppe di GENNARO, Président, Ministère de la Justice

M. Giorgio LATTANZI, Président, Directeur Général des Affaires Pénales, Ministère de la Justice

M. Paolo MANCUSO, Conseiller, Vice-Directeur Général, Département de l'Administration Pénitentiaire, Ministère de la Justice

M. Guido RAIMONDI, Expert juridique auprès du Service du Contentieux Diplomatique, des Traités et des Affaires Législatives, c/o Représentation Permanente de l'Italie auprès du Conseil de l'Europe

M. Lorenzo SALAZAR, Magistrat, Représentation Permanente de l'Italie auprès de l'Union Européenne

Chairman of the GMC / Président du GMC

M^r Eugenio SELVAGGI, Director, Criminal Affairs Division, Ufficio II, Ministry of Justice

LATVIA / LETTONIE

M^r Viesturs BURKÃNS, Chief Prosecutor, Methodology Unit, General Prosecutor's Office, Ministry of Justice

*

LIECHTENSTEIN

M. Lothar HAGEN, Juge à la Cour de Justice, Fürstliches Landgericht

M. Gerhard MISLIK, Procureur au Parquet, Verwaltungsgebäude

LITHUANIA / LITUANIE

*

M^r Jonas RIEPŠAS, Judge of the Supreme Court, Member of the Criminal Code Project Group

LUXEMBOURG

M. Jean-Pierre KLOPP, Procureur Général d'Etat Adjoint

*

MALTA / MALTE

*

MOLDOVA / MOLDAVIE

M^me Tatiana FILATOVA, Directeur, Departement de la Législation, Ministère de la Justice

*

NETHERLANDS / PAYS-BAS

Mrs Margaret ABELS, Ministry of Justice

* Mrs Marjorie BONN, Senior Legal Adviser, Ministry of Justice

Chair of the CDPC / Présidente du CDPC

Mr Bart VAN DER LINDEN, Head of Penal Policy Department, Ministry of Justice

NORWAY / NORVÈGE

M^s Elin HOLMEDAL, Senior Executive Officer, Legislation Department, Ministry of Justice

*

POLAND / POLOGNE

*

PORTUGAL

Mr Luís MIRANDA PEREIRA, Former President, Social Resettlement Institute

*

ROMANIA / ROUMANIE

M^me Lacrima CIORBEA, Conseillère, Direction de la Législation et des Etudes, Ministère de la Justice

RUSSIAN FEDERATION / FÉDÉRATION DE RUSSIE

M^rs Elena SHVETS, Third Secretary, Legal Department, Ministry of Foreign Affairs

*

SAN MARINO / SAINT-MARIN

M^lle Laura BOLOGNA, Représentant Permanent Adjoint de Saint-Marin auprès du Conseil de l'Europe

M. Guido CECCOLI, Chargé d'Affaires, Représentation Permanente de Saint-Marin auprès du Conseil de l'Europe

SLOVAKIA / SLOVAQUIE

M^r Miroslav AWTAL, Police Headquarters, Ministry of Justice

M^r Peter FILIP, Head of Criminal Department, Prosecutor General's Office, Generalna Prokuratùra

SLOVENIA / SLOVÉNIE

M^r Gorald KLEMENCÌC, Counsellor, Ministry of the Interior

*

SPAIN / ESPAGNE

M. Francisco BUENO ARÚS, Secrétaire Général du Ministère de la Justice

M. Alberto LAGUIA ARRAZOLA, Chef de Service des Organismes Internationaux, Ministère de la Justice

SWEDEN / SUÈDE

M^rs Maria KELT, Legal Adviser, Ministry of Justice

M^r Örjan LANDELIUS, Minister-Counsellor, Office of the Prosecutor General

Chairman of the PC-OC / Président du PC-OC

*

SWITZERLAND / SUISSE

M. Martin KILLIAS, Professeur, Institut de Police Scientifique et de Criminologie

Chairman of the PC-S-ST / Président du PC-S-ST

M. Jean-Pierre KURETH, Adjoint Scientifique, Section Droit Pénal Economique, Procédure Pénale et Affaires Pénales internationales, Office Fédéral de la Justice, Département Fédéral de Justice et Police

*

«THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA» / «L'EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE»

M. Gjorgji MARJANOVIC, Professeur, Faculté de Droit, Université «Saints Cyrille et Méthode»

*

TURKEY / TURQUIE

M^me Deniz AKÇAY, Adjoint au Représentant Permanent de la Turquie auprès du Conseil de l'Europe

M^me Ülkü ALDOGAN, Ministère des Affaires Etrangères

M. Ercümend ENÇ, Représentant Permanent Adjoint de la Turquie auprès du Conseil de l'Europe

*

UKRAINE

*

M^rs Inna OHNIVETS, Deputy Head of Legal and Treaty Department, Ministry of Foreign Affairs

UNITED KINGDOM / ROYAUME-UNI

*

M^s Michelle SUTTON, European and International Section, Judicial Co-operation Unit, Home Office

* * * * *

CDPC BUREAU / BUREAU DU CDPC

(CDPC-BU)

AUSTRIA / AUTRICHE

M^r Roland MIKLAU, Director of Criminal Legislation, Bundesministerium für Justiz Apologised / Excusé

CYPRUS / CHYPRE

M^r George ANASTASSIADES, Permanent Secretary, Ministry of Justice and Public Order, Apologised / Excusé

FRANCE

M. Philippe LABRÉGÈRE, Premier Substitut du Procureur de la République, Ministère de la Justice / Magistrat de Liaison, Ministero di Grazia e Giustizia

ITALY/ITALIE

M. Vitaliano ESPOSITO, Attaché juridique, Co-Agent du Gouvernement devant la Cour et la Commission des Droits de l'Homme, Représentation Permanente de l'Italie auprès du Conseil de l'Europe

NETHERLANDS / PAYS-BAS

M^rs Marjorie BONN, Senior Legal Adviser, Ministry of Justice

Chair of the CDPC / Présidente du CDPC

POLAND / POLOGNE

M^r Jerzy JASINSKI, Professor, Institute of Legal Studies, Polish Academy of Sciences

Apologised / Excusé

SWEDEN / SUÈDE

M^r Orjan LANDELIUS, Minister-Counsellor, Office of the Prosecutor General

* * * * *

CRIMINOLOGICAL SCIENTIFIC COUNCIL

CONSEIL SCIENTIFIQUE CRIMINOLOGIQUE

(PC-CSC)

BELGIUM / BELGIQUE

M^s Sonja SNACKEN, Professor, Faculty of Law, Vrije Universiteit Brussel

FINLAND / FINLANDE

M^r Kauko AROMAA, Research Director, National Research Institute of Legal Policy

GERMANY / ALLEMAGNE

M^r Frieder DÜNKEL, Professor, Rechts- und Staatswissenschaftliche Fakultät, Lehrstuhl für Kriminologie, Ernst-Moritz-Arndt-Universität Greifswald

Apologised / Excusé

GREECE / GRÈCE

M^rs Calliope D. SPINELLIS, Professor of Criminology and Penology, University of Athens Law School, Director, Centre for Criminal and Penal Research

ITALY / ITALIE

M^r Ernesto U. SAVONA, Transcrime, School of Law, University of Trento

SLOVENIA / SLOVÉNIE

M^rs A. ŠELIH, Professor, Pravna Fakulteta

Chair of the CSC / Présidente du CSC

* * * * *

COUNCIL FOR PENOLOGICAL CO-OPERATION

CONSEIL DE COOPÉRATION PÉNOLOGIQUE

(PC-CP)

M^r Graham W. SMITH, H.M. Chief Inspector of Probation, Home Office

Chairman / Président

Apologised / Excusé

* * * * *

PARLIAMENTARY ASSEMBLY - COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS /

ASSEMBLÉE PARLEMENTAIRE - COMMISSION DES QUESTIONS JURIDIQUES ET DES DROITS DE L'HOMME

Lord KIRKHILL, House of Lords

Mr Allard PLATE, Secretary to the Committee / Secrétaire de la Commission

CONGRESS OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE /

CONGRÈS DES POUVOIRS LOCAUX ET RÉGIONAUX DE L'EUROPE

M^r Richard HARTLEY, Responsible for the Secretariat of the Local Chamber /

Responsable du Secrétariat de la Chambre des Pouvoirs Locaux

EUROPEAN COMMUNITY / COMMUNAUTÉ EUROPÉENNE

European Commission / Commission Européenne

M. Jürgen FRIEBERGER, Administrateur Adjoint, Secrétariat Général «Task Force J.A.I.

Titre VI du Traité, Coopération dans le domaine de la Justice et des Affaires intérieures»

M. Alessandro IANNIELLO, Direction Générale IA, Direction A, «Relations Multilatérales»,

Unité A.5 "Conseil de l'Europe"

Secretariat General of the Council of the European Union

M^r Charles ELSEN, Director General, Directorate General for Justice and Home Affairs

(Directorate General H)

M^r Bent MEJBORN, Secretariat General of the Council of the European Union, Directorate General H (Justice and Home Affairs)

* * * * *

OBSERVERS / OBSERVATEURS

ARMENIA / ARMÉNIE

AZERBAIJAN / AZERBAÏDJAN

M^r Sahib TAGHI-ZADEH, Head of Division, Department for Combating Organised Crime, Ministry of Internal Affairs

BELARUS / BÉLARUS

M^r Oleg A. SHABLYKO, Head of the International Legal Department, Prosecutor General's Office

BOSNIA AND HERZEGOVINA / BOSNIE ET HERZÉGOVINE

Mr Avdo CAMPARA, Secrétaire Général du Parlement de Bosnie et Herzégovine

CANADA

GEORGIA / GÉORGIE

Mr Mamuka JGENTI, Second Secretary, International Law Department, Ministry of Foreign Affairs

HOLY SEE / SAINT-SIÈGE

M^me Odile GANGHOFFER, Docteur en Droit

JAPAN / JAPON

M^r Akira ANDO, Consul, Consulate-General of Japan

UNITED STATES OF AMERICA / ÉTATS-UNIS D'AMÉRIQUE

M^r Drew ARENA, Counselor for Criminal Justice Matters, U.S. Department of Justice, U.S. Mission to the European Union

M^r Charles W. BROOKS, International Prisoner Transfer Unit, Office of Enforcement Operations, Criminal Division, U.S. Department of Justice

UNITED NATIONS / NATIONS UNIES

Apologised / Excusé

EUROPEAN INSTITUTE FOR CRIME PREVENTION AND CONTROL, AFFILIATED WITH THE UNITED NATIONS (HEUNI)

Apologised / Excusé

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

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)

Apologised / Excusé

INTERNATIONAL ASSOCIATION OF PENAL LAW (IAPL)

ASSOCIATION INTERNATIONALE DE DROIT PÉNAL (AIDP)

M^lle Aglaia TSITSOURA, Chargée de Cours à l'Université "Panteios", Faculté de Droit

PERMANENT EUROPEAN CONFERENCE ON PROBATION AND AFTERCARE

CONFÉRENCE PERMANENTE EUROPÉENNE DE LA PROBATION (CEP)

M^r Erich MARKS, Vice-President, Deutsche Bewährungshilfe

INTERNATIONAL BAR ASSOCIATION

Apologised / Excusé

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, Professeur, Vice-Président

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

M^r Laurent GROSSE, Legal Reports Officer, Legal Directorate

INTERNATIONAL PENAL AND PENITENTIARY FOUNDATION (IPPF)

FONDATION INTERNATIONALE PÉNALE ET PÉNITENTIAIRE (FIPP)

M. Francisco BUENO ARÚS, Secrétaire Général du Ministère de la Justice

INTERNATIONAL SOCIETY FOR CRIMINOLOGY (ISC)

SOCIÉTÉ INTERNATIONALE DE CRIMINOLOGIE (SIC)

Apologised / Excusé

INTERNATIONAL SOCIETY OF SOCIAL DEFENCE (ISSD)

SOCIÉTÉ INTERNATIONALE DE DÉFENSE SOCIALE (SIDS)

PENAL REFORM INTERNATIONAL (PRI)

Apologised / Excusé

INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY

M^r Yvon DANDURAND, Professor, Director, Policy Development

WORLD SOCIETY OF VICTIMOLOGY /SOCIÉTÉ MONDIALE DE VICTIMOLOGIE

M^lle Aglaia TSITSOURA, Chargée de Cours à l'Université "Panteios", Faculté de Droit

* * * * *

SPECIAL GUESTS / INVITÉS SPÉCIAUX

M. Marc FISCHBACH

Former Minister of Justice of Luxembourg /Ancien Ministre de la Justice du Luxembourg

M. Jean-Dominique SCHOUWEY, Ancien Adjoint Scientifique,Division des Affaires Internationales, Office Fédéral de la Police,Département Fédéral de Justice et Police

Immediate past Chairman of the CDPC / Président sortant du CDPC

* * * * *

SECRETARIAT

M. Guy DE VEL Director of Legal Affairs /Directeur des Affaires Juridiques

M. Hans-Jürgen BARTSCH Head of the Division of Crime Problems /Chef de la Division des Problèmes Criminels

M. Candido CUNHA Principal Administrative Officer / Administrateur Principal

M. Manuel LEZERTUA Principal Administrative Officer / Administrateur Principal

M. Wolfgang RAU Principal Administrative Officer /Administrateur Principal

M. Peter CSONKA Administrative Officer / Administrateur

M^r Björn JANSON Administrative Officer / Administrateur

M^r Sasha ANGELESKI Administrative Officer / Administrateur

M^r John RINGGUTH Administrative Officer / Administrateur

M^rs Ilina TANEVA Administrative Officer / Administrateur

M. Ludovic AIGROT Project Adviser / Conseiller de Projet

M^s Caterina BOLOGNESE Project Adviser / Conseiller de Projet

M^me Marie-Louise FORNES Central Office / Bureau Central

M^me Penelope PREBENSEN )

M^lle  Christine COLEUR )

M^s Claire GROVE )

M^me Janine LAURENT ) Assistants / Assistantes

M^lle Elisabeth MAETZ )

M^me Marie-Rose PRÉVOST )

M^me Elspeth REILLY )

* * *

M^me Gabriella BATTAINI-DRAGONI

Deputy Director of Social and Economical Affairs /Directrice Adjointe des Affaires Sociales et Economiques

Acting Head of the Research and Planning Unit / Chef f.f. de la Mission d'Etudes et de Programmation

* * *

Interpreters / Interprètes

M^me Christine FARCOT

M. Christopher TYCZKA

M. Robert VAN MICHEL

M. Derrick WORSDALE

* * *

A P P E N D I X II

AGENDA

OPENING OF THE MEETING

1 40th Anniversary of the CDPC

- Address by Mr H.C. Krüger, Deputy Secretary General of the Council of Europe

- Keynote address by Mr M. Fischbach, former Minister of Justice of Luxembourg

2

3

4

STRUCTURES OF THE CDPC

5 *

a) two members of the Bureau

b) three members of the Council for Penological Co-operation

ACTIVITIES OF THE CDPC

(a) Committees

6

- Draft Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

- Items for information

7

- Overcrowding of prisons: state of work

- SPACE : enquiry 1997

- Prison Administrations in Europe : replies to questionnaire

- Items for information

8 *

9

10

11

12 *

- 1996 report on the organised crime situation

- Annual questionnaire on the organised crime situation

- Best practices survey

13

14

15

16 *

17 *

(b) Conferences and Colloquia

18

19

20

21

22

23

(c) Future work programme

24 *

25 *

(d) Friendly settlement procedures

26

OPINIONS

27

28

29

OTHER SUBJECTS

30

- Implementation of the Programme of Action against Corruption

- Third annual meeting of specialised services against corruption (Madrid, 1998)

31

32

33

34

35

36

37

38

39

40

41 *

42 *

43

44

45

46

47

48

49

50

51

52 *

A P P E N D I X III

OPINION

ON ASSEMBLY RECOMMENDATION 1327 (1997)

ON THE PROTECTION AND REINFORCEMENT OF THE HUMAN RIGHTS

OF REFUGEES AND ASYLUM-SEEKERS IN EUROPE

1. By Decision No. CM/673/140597, the Committee of Ministers assigned ad hoc terms of reference to the CDPC, instructing it to give an opinion on Assembly Recommendation 1327 (1997) on the protection and reinforcement of the human rights of refugees and asylum-seekers in Europe, and in particular on paragraphs 8 (vii/g) and 8 (vii/j).

2. The CDPC has examined the Recommendation and shares the Assembly's opinion that there should be clear rules governing detention and deportation of asylum-seekers so as to prevent possible violations of their human rights.

3. It is therefore essential that these issues be kept on the political agenda of both the Council of Europe and its member States. The CDPC also recalls that, over the years, the Committee of Ministers adopted a comprehensive set of international legal instruments which are of relevance in this area. Among these are: Recommendations N° R (87) 3 on the European Prison Rules, N° R (84) 12 concerning foreign prisoners, and more recently, Recommendation N° R (92) 16 on the European Rules on community sanctions and measures.

4. More specifically, the CDPC would like to make the following comments:

As regards paragraph 8 (vii/g) of the Recommendation, the CDPC fully supports the Assembly's idea of giving priority to non-custodial measures, such as supervision systems, regular reporting to the authorities, bail or other guarantee systems. The CDPC has in the past called on member States to make greater use of non-custodial sentences in order to avoid the often desocialising effects of imprisonment, e.g. in Recommendation N°  R (92) 16 on the European Rules on community sanctions and measures, which aims at promoting non-custodial sanctions and measures as a particularly constructive way for dealing with certain categories of offences and offenders. On the other hand, the CDPC would like to emphasise that the non-custodial measures applied in connection with asylum-seekers should be associated with effective guarantees to prevent absconding.

5. As regards paragraph 8 (vii/j), the CDPC endorses the Assembly's view that the conditions of detention of asylum-seekers should be reviewed, in accordance with the applicable international norms and the jurisprudence of the control organs of the European Convention on Human Rights.

A P P E N D I X IV

OPINION

ON ASSEMBLY RECOMMENDATION 1340 (1997)

ON THE SOCIAL AND FAMILY EFFECTS OF DETENTION

1. By Decision No. CM/691/221097, the Committee of Ministers assigned ad hoc terms of reference to the CDPC, instructing it to give an opinion on Assembly Recommendation 1340 (1997).

2. The CDPC welcomes the Recommendation and shares the Assembly's concern at the possible negative effects of detention on family life and family relations as well as on the resettlement of offenders. In the light of its current work on prison overcrowding and the evolution of prison populations it also wishes to underline that these effects appear to have become more serious in a great number of member States.

3. It is therefore essential that these issues be kept on the political agenda of both the Council of Europe and its member States. The CDPC also recalls that, over the years, the Committee of Ministers adopted a comprehensive set of international legal instruments which are of relevance in this area. Among these are: Recommendations nos. R (87) 3 on the European Prison Rules, R (84) 12 concerning foreign prisoners, R (89) 12 on education in prison and, more recently, R (98) 7 concerning the ethical and organisational aspects of health care in prison which addresses, inter alia, the issue of family ties and contacts with the outside world as well as the particular situation of female prisoners with children.

More specifically, the CDPC would like to make the following comments:

4. As regards paragraph 3 of the Recommendation, the CDPC underlines that the specific problems facing female prisoners also stem from the fact that their numbers in penal institutions tend to be noticeably lower than the number of men. This makes it more difficult for prison administrations to offer them the same range of opportunities in terms of psychosocial and educational programmes, work facilities etc. which are available to male prisoners. In some cases, however, the low number of female prisoners might offer possibilities for more flexible regimes. In addition, many female inmates suffer from more serious psychological problems than male prisoners and the competent health services find it sometimes difficult to take care of these problems in a satisfactory manner. The CDPC therefore fully supports the move of the Assembly to sensitise prison administrations to these issues.

5. As regards paragraph 6(ii), the CDPC endorses the call on member States to make greater use of non-custodial sentences in order to avoid the often desocialising effects of imprisonment. The CDPC would like to emphasise in this connection that it has entrusted a special Committee of experts with carrying out a thorough review of the operation of Recommendation no. R (92) 16 on the European Rules on community sanctions and measures, which will explore, inter alia, ways and means for promoting non-custodial sanctions and measures as a particularly constructive way for dealing with certain categories of offences and offenders. This issue is also given high priority in the context of the CDPC's current project on prison overcrowding.

6. As regards paragraphs 6(ix) and 6(x) the CDPC fully supports the Assembly's recommendation that appropriate programmes be provided for convicted persons with a view to developing their social and vocational skills required for a successful reintegration into the community. While it is true that these programmes should involve appropriate vocational training, they should also be tailored so as to enhance the offender's ability to cope both with the numerous other practical difficulties of life outside prison and his/her specific psychosocial problems (eg. anger control, tackling addiction to drugs, alcohol and medication, etc.). Specific pre-release programmes are therefore of critical importance.

7. In connection with the complex health questions addressed in the Recommendation (paragraphs 6(vii), 6(viii), 7(i)), the CDPC fully supports the Assembly's view that these issues merit special attention. It would like to point out that Recommendation no. R (98) 7 concerning the ethical and organisational aspects of health care in prison contains a detailed set of principles which back up the Assembly's proposals in this area.

8. As regards paragraph 7, the CDPC endorses the call of the Assembly to keep the evolution of prison systems under review and to step up international co-operation in this area. It also supports the Assembly's view that such matters as the health of prisoners, their economic situation both during detention and after, the issue of children of detained mothers, the growing number of female prisoners, best practice in reducing recidivism etc. should be given high priority in the field of penological co-operation. It shares the Assembly's opinion that the expertise of prison practitioners is an important resource in this endeavour. The CDPC would like to recall in this connection that its penological work programme is being carried out in close co-operation with the prison administrations of member States, which make a considerable contribution to the implementation of this programme, inter alia via the provision of first-hand information and active participation in the periodic Conferences of Directors of Prison Administration (CDAP).

A P P E N D I X V

SPECIFIC TERMS OF REFERENCE

Decision CDPC/109/120698

1. Name of the Committee: COMMITTEE OF EXPERTS ON POLICE ETHICS AND PROBLEMS OF POLICING (PC PO)

2. Type of the Committee: Committee of Experts

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

4. Terms of reference:

The Police play an important role within the criminal justice system. As opposed to other professional groups within that system, few international instruments apply to the Police. At the moment many European countries are reorganising their Police as a crucial part of the process to promote and consolidate democratic ideas and values in society. Police ethics have thus become an important topic in several member States of the Council of Europe.

The Committee of experts should prepare a study of police ethics in the broad sense, taking into account such questions as:

- the role of the Police in a democratic society and their place in the criminal justice system;

- the objectives of policing under the Rule of Law - prevention of crime, detection of crime etc;

- control of the Police.

The Committee of Experts should consider, in particular, aspects of police ethics related to certain situations that occur in daily police work, such as the interrogation of suspects and other functions of investigation, the use of force, the exercise of police discretion etc. Ethical aspects of police management in general as well as their inclusion as a training subject would also be covered. In this respect the differences between ethical codes, codes of professional conduct and disciplinary codes should be taken into consideration. In carrying out this task the Committee should bear in mind the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as Parliamentary Assembly Resolution 690 (1979) on the Declaration on the Police. It should take into account the work of the Committee of Experts on Partnership in Crime Prevention (PC-PA) as well as other relevant activities of the Council of Europe.

The outcome of the work should be a report and/or a recommendation on police ethics, which could be used as a guiding framework for member States when police reforms and national codes of police ethics are being considered.

5. Membership of the Committee:

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

Belgium, Croatia, Cyprus, Czech Republic, Denmark, France, Greece, Italy, Lithuania, Moldova, Poland, Portugal, Romania, Slovenia, Spain, "The former Yugoslav Republic of Macedonia", Turkey, United Kingdom.

b. Two scientific experts appointed by the Secretariat.

c. The Council of Europe's budget bears the travel and subsistence expenses for one expert from each of the aforementioned member States and of the two scientific experts.

d. Members' desirable qualifications :

Higher police officials with managerial responsibility or other professionals within the criminal justice system (judges, prosecutors etc), with a particular knowledge of police policy questions and/or ethics, civil servants responsible for police policy issues, ombudsmen and other persons dealing with complaints against the police, academic research workers in this field.

e. The Commission of the European Communities may send a representative to meetings of the committee, without the right to vote or defrayal of expenses.

f. The following States and Organisations may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

Georgia

I.C.P.O. - Interpol

Association of European Police Colleges (AEPC)

International Centre of Sociological Penal and Penitentiary Research and Studies

(Intercenter)

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

6. Working structure and methods: -

7. Duration:

These terms of reference will expire on 31 December 2000.

A P P E N D I X VI

SPECIFIC TERMS OF REFERENCE

Decision CDPC/110/120698

1. Name of the Committee: COMMITTEE OF EXPERTS ON PARTNERSHIP IN CRIME PREVENTION (PC-PA)

2. Type of the Committee: Committee of Experts

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

4. Terms of reference:

Co-operation between the police and the community at local level is essential to an effective crime prevention strategy. Many groups have a part to play in helping the police tackle crime. These include: local government, voluntary groups (eg victim support, groups targeted at young people, the elderly or the disabled), statutory agencies (eg probation, schools, etc), business/commerce and individual members of the public (most commonly through Neighbourhood Watch schemes).

There is considerable research in Europe on the effectiveness of various elements of the partnership approach to crime prevention, but the time has come for taking stock of this research and member States' views on what has and has not worked in their own experience.

Such an analysis should in particular

a. identify the key agencies and partners likely to deliver the most effective results in preventing crime and the fear of crime;

b. in this connection, pay particular attention to the role local authorities and local communities should play in crime prevention;

c. determine the most efficient forms of co-operation among the agencies concerned (central management versus less formal separate arrangements between the police and the other partners concerned);

d. assess the level of acceptance of the partnership approach by the relevant agencies, the general public and the media and ways and means for enhancing acceptance, if necessary;

e. specify the best ways of raising money locally to fund partnership work;

f. take stock of crime prevention programmes which have worked best with particular partners and/or in relation to specific types of problems/offences (eg. repeat victimisation; racial harassment; self-protection of businesses from theft) and specify the measures used to assess their effectiveness;

g. in this connection, pay attention to new technologies (eg closed circuit television) which have been found to be effective in preventing crime.

The aim of this activity should be to produce guidelines for making the most of the partnership approach which individual member States could use to inform and develop their own crime prevention policies.

In carrying out this task the Committee should take into account, in particular, Recommendations No. R (87) 19 on the organisation of crime prevention and No. R (96) 8 on crime policy in a time of change, as well as the work undertaken by the Congress of Local and Regional Authorities of Europe (CLRAE) in the area of the prevention of crime and urban insecurity.

5. Membership of the Committee:

a. One expert appointed by the Government of each of the following member States: Denmark, Finland, France^, Germany, Malta, Netherlands, Norway, Slovakia, Sweden, Switzerland, Ukraine.

b. Two scientific experts appointed by the Secretariat.

A representative of the Criminological Scientific Council (PC-CSC)

c. The Council of Europe's budget bears the travel and subsistence expenses for one expert from each of the aforementioned member States (save France), the two scientific experts and the representative of the Criminological Scientific Council (PC-CSC).

d. Members' desirable qualifications: persons with significant experience in the implementation and/or assessment of local crime prevention policies; research workers in this field.

e. The Commission of the European Communities may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

f. The following may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

Canada

The following may also arrange to be represented on the Committee: Congress of Local and Regional Authorities of Europe (CLRAE)

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

6. Working structures and methods: -

7. Duration:

These terms of reference will expire on 31 December 2000.

A P P E N D I X VII

Observations

with a view to facilitating a friendly settlement

of difficulties which have arisen

between Italy and the United States of America

out of the application of the Convention on the

Transfer of Sentenced Persons

OBSERVATIONS BY THE CDPC

The following observations are made by the CDPC on the basis of the facts set out in the Annex, which have been agreed by Italy and the USA.

Observations on the Convention

Transfer under the Convention is a matter for discretion, although Parties have undertaken to afford each other the widest measure of co-operation with a view to facilitating transfers and thereby furthering the ends of justice and the social rehabilitation of sentenced persons.

The Convention contains detailed rules as to the conditions under which transfers may be requested and executed. In particular, Article 9.3 makes it clear that after transfer only the administering State has competence to take decisions regarding enforcement of the sentence.

Whilst the sentencing State may seek information from the administering State about the possible ways in which the person, if transferred, may be dealt with under the laws and procedures of the administering State, the sentencing State is not of course entitled to ask for binding assurances in that respect.

Observations on the facts

The CDPC took note that the basic problem concerns the USA's wish to have sufficient information that will reassure them as to the duration and nature of the sentence which would be served if X were transferred.

The CDPC notes that since the question of duration depends on the exercise of discretion, there can be no certainty about precisely how long X would serve if transferred - as indeed there can be no certainty that X will not be granted parole in the USA before 2008, if X remains there. The Annex seeks to set out the possible scenarii in the event of transfer. These appear to demonstrate that whichever of them occurs, the period which X would be likely to serve in Italy would not be greatly different from the expected date of release in the USA, assuming parole were not granted there in the meantime.

The CDPC notes that there is some uncertainty in the case-law in Italy as to whether or not remission in respect of time actually served in the sentencing State can be granted by the administering State. The explanatory report to the Convention (paragraph 49) envisages that any remission earned in the sentencing state up to the date of transfer will already have been deducted before transfer. It therefore seems to the CDPC that a transferred prisoner is not entitled to benefit twice from such remission.

As to the nature, the CDPC notes that if X were transferred, Italy would impose a sentence of a similar nature to that to which she is subject in the USA - namely imprisonment. That is consistent with Article 10.2 of the convention.

The CDPC notes that there is the possibility, approximately one year after transfer, that X could be granted conditions of semi-detention subject to satisfactory reports from the USA as to her conduct whilst imprisoned there. It must be a matter for the judgement of the USA whether the possibility of enforcement in this way, after X has served some 17 years, taken with the very serious nature of the crimes she committed, satisfy the joint requirements

under the Convention of the ends of justice and social rehabilitation of X.

The CDPC hopes that, on the basis of the facts which have been established and the observations of the CDPC on those facts, the Governments of Italy and the USA will be able to come to an agreement which satisfies the essential interests of both Parties.

The CDPC remains ready, if necessary, to pursue its efforts to that effect.

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ANNEX

STATEMENT OF FACTS

The background

Italy and the USA are parties to the Convention on the Transfer of Sentenced Persons.

Italy has requested the CDPC to seek to facilitate a friendly settlement in accordance with Article 23 of the Convention of difficulties which have arisen out of the application of the Convention between Italy and the USA.

In 1983, X was convicted in the USA of serious offences and sentenced to 43 years imprisonment. Italy has five times unsuccessfully requested the transfer of X from the USA under the Convention.

The USA and Italy share the view that justice must be done; in particular Italy appreciates the USA justice expectations in respect of X, while the USA acknowledge the Italian view that the Convention requires the social rehabilitation of the sentenced person also to be taken into account.

Facts relating to the serving of the sentence in the USA

Unless granted parole, X will be kept in prison in the USA until having served 25 years of her sentence, i.e, until April 2008

X must be reconsidered for parole every 2 years. It is not possible to say whether or not she is likely to be granted parole; that is a matter for the discretion of the Parole Board. The only other ways in which the sentence could be reduced in the USA are a motion to the trial court to reduce sentence and a presidential pardon.

Facts relating to the serving of the sentence in Italy if X were transferred

Italy applies the procedure provided in Article 9, paragraph 1.a of the Convention (continued enforcement of the sentence). Thus, should X be transferred to Italy, Italy will continue the enforcement of the American sentence.

Italy is fully aware that it is bound by the legal nature and duration of the sentence as determined by the USA. However, if the American sentence is by its nature or duration incompatible with its law, Italy may adapt the sanction to the punishment or measure prescribed by its own law for a similar offence.

The nature of the American sentence (i.e. imprisonment) is not incompatible with Italian law; therefore, Italy would continue the enforcement of the sentence by imprisonment.

The duration of the American sentence (43 years) is not compatible with the maximum penalty available in Italy for the types of crimes for which X was sentenced, which would be 30 years. Italy would therefore adapt the duration of the sentence, as permitted by Article 10.2, to fix it at the level of 30 years.

Accordingly, should X be transferred to Italy, X would have to serve what remains of a sentence of 30 years imprisonment after deducting (a) the period already served in prison in the USA and (b) any remittance of sentence that X may come to acquire under Italian law. The remittance mentioned may legally not go beyond 45 days per half-year.

Furthermore, under Italian law, X would not be eligible for conditional release until five years before the date in which the term of imprisonment expires.

Possible scenarii

If X were to be transferred to Italy, the possible ways in which she could be dealt with are as follows:

A. serving in prison the full remaining period of 14 years (1998 - 2012);

B. by benefiting from maximum remittance (45 days per half-year), serving in prison 11 1/2 years (1998 - 2010);

C. serving in prison 11 years and then being released from prison, either on probation or on house arrest (1998 - 2009);

D. by benefiting from conditional release, serving in prison 9 years (1998 - 2007);

E. by benefiting both from maximum remittance (45 days per half-year) and conditional release, serving in prison 7 1/4 years (1998 - 2005).

Any discretion to be exercised concerning benefits and modification of the forms under which the sentence is carried out is within the powers of the competent Tribunale di Sorveglianza.

In fact, the case-law in Italy is divided in the interpretation of the applicable legal provisions, some courts taking into account the period served abroad when calculating remission, whilst others do not. Even where the court takes into account X's period abroad, that could only be done if the USA authorities have supplied positive information on X's behaviour in prison in the USA.

The conditions under which X - as any other sentenced person in Italy - would serve her sentence would also be determined and supervised by the competent Tribunale di Sorveglianza.

If the Tribunale di Sorveglianza found that X remains connected with any terrorist groups, X would not be eligible for any kind of benefits (remission, probation, conditional release, special prison conditions, etc.)

At X's request, the Tribunale di Sorveglianza, after having received information from the USA concerning X's conduct in prison, could authorise her to serve her sentence confined in a prison, but allow her to leave prison, on her own, during working hours, for the purpose of working at a job.

The Tribunale di Sorveglianza generally takes more than one year to complete this procedure.

In line with other European prison systems, under certain circumstances, leave can be given from prison for short periods.

There is no other way in which the sentence could be reduced in Italy except by presidential pardon (grace).

In the experience of the Italian Parliament since World War II there has been no instance in which it granted pardon.