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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2026)1550/1.6 |
11 February 2026 |
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1550th meeting, 11 February 2026
1.6 Article 19 of the General Agreement on Privileges and Immunities of the Council of Europe (ETS No. 2) – Waiving immunity Reference document |
Decision
The Deputies, acting under Article 19 of the General Agreement on Privileges and Immunities of the Council of Europe (the ‘General Agreement’),
Having regard to the request by the Norwegian Government dated 8 February 2026 addressed to the President of the Ministers’ Deputies, to waive the immunity in respect of criminal investigations carried out by the Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim) concerning Mr Thorbjørn Jagland, former Secretary General of the Council of Europe;
Considering that, under Article 16 of the General Agreement, Secretaries General of the Council of Europe, in addition to the privileges and immunities specified in Article 18 of the General Agreement, enjoy the privileges and immunities accorded to diplomatic envoys under international law;
Considering that, under Article 39, paragraph 2, of the Vienna Convention on Diplomatic Relations, after cessation of their functions, diplomatic immunity continues to cover acts performed in the exercise of their official capacity;
Considering that the immunity is accorded to Secretaries General not for their personal benefit but in order to safeguard the independent exercise of their functions;
Considering that the Organisation shall co-operate with the competent authorities of its members to facilitate the proper administration of justice, the Committee of Ministers invites the Secretary General to consider future requests by Økokrim for related information and investigative measures;
Decided
To waive the immunity from legal process accorded to Mr Thorbjørn Jagland in his capacity as former Secretary General of the Council of Europe in respect of acts performed by him in his official capacity and within the limit of his authority for the purposes of the aforementioned investigations conducted by Økokrim.