Ministers’ Deputies
CM Documents
CM(2006)219 11 December 2006[1]
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985 Meeting, 31 January 2007
10 Legal questions
10.5 High-level Conference of the Ministries of Justice and of the Interior
Improving European Co-operation in the Criminal Justice Field, Moscow (Russian Federation), 9‑10 November 2006 (Summary of the discussions)
Information document prepared by the Directorate General of Legal Affairs (DGI) for consideration by the GR-J at its meeting on 10 January 2007
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Summary of the discussions
Introduction
1. A high-level Conference of the Ministries of Justice and of the Interior, organised jointly by the Council of Europe and the Russian Ministries of Justice and of the Interior within the framework of the co-operation programme, took place in Moscow on 9 and 10 November 2006. The theme was ”Improving European Co-operation in the Criminal Justice Field”. The list of participants, the programme and the conclusions which were adopted appear in appendices I-III of this report.
2. The opening session was chaired by Mr Vladimir V. USTINOV, Minister of Justice of the Russian Federation. Opening speeches were made by Mrs Maud de BOER-BUQUICCHIO, Deputy Secretary General of the Council of Europe, Mr Viktor P. IVANOV, Presidential Aide, representing President Putin, Ambassador Bruno GAIN, Permanent Representative of France to the Council of Europe and representative of the Committee of Ministers, Mr Ivan BIZJACK, Director General of Justice and Home Affairs of the Council of the European Union.
The conference was closed by Mr Vladimir V. USTINOV and by Mr Guy DE VEL, Director General of Legal Affairs of the Council of Europe.
Summary of the working groups
3. Four working groups took place which were chaired by: Mr Vladimir V. USTINOV, Minister of Justice of the Russian Federation, Ms Kirsti RISSANEN, Permanent Secretary, Ministry of Justice of Finland, Ms Brigitte ZYPRIES, Minister of Justice of Germany, Mr Juan Fernando LOPEZ AGUILAR, Minister of Justice of Spain.
4. The discussions were preceded by the presentation of reports.
For the first session the rapporteurs were:
- Mr Yuri CHAÏKA, Prosecutor General of the Russian Federation;
- Mr Fikrat MAMMADOV, Minister of Justice of Azerbaijan;
- Mr Eugenio SELVAGGI, Prosecutor (Italy), former Chairman of the Committee of Experts on the operation of European Conventions on co-operation in criminal matters (PC-OC).
The Rapporteur of the second session was Mr Anastasis PAPALIGOURAS, Minister of Justice of Greece. For the third session the Rapporteur was Mr Alberto MARITATI, Under-Secretary of State for Justice, Italy, and the Rapporteur of the fourth session was Mr Guy DE VEL, Director General of Legal Affairs.
The text of their reports can be consulted on the Council of Europe web site.
Resolution
The participants adopted conclusions (Appendix III) which underline the need to improve the efficiency of international co-operation in criminal matters in order to prevent and effectively combat criminality while ensuring respect of the European Convention on Human Rights. They welcomed the significant achievements of the Council of Europe in this domain, in particular through the work of the European Committee on Crime Problems (CDPC). They support the essential role of the Committee of Experts on the operation of European conventions on co-operation in criminal matters (PC-OC) in monitoring the application of the Council of Europe conventions on international co-operation in criminal matters in order to find solutions to concrete problems, accelerate procedures and prevent disputes between state. The participants encouraged the Council of Europe to put into place different measures, practical as well as normative, in order to improve co-operation in the criminal field.
They also invited those member states which have not already done so to become Parties to the Council of Europe instruments in force which facilitate international co-operation as well as the fight against terrorism and organised crime.
The conclusions encourage the Organisation to continue facilitating the transfer of sentenced persons in application of the Council of Europe instruments and to follow closely the developments in the case-law of the European Court of Human Rights as well as in the European Union in this matter, and to analyse the feasibility of an extension in the Council of Europe context of any provisions which may be adopted by the European Union.
The work of the Council of Europe against sexual exploitation and abuse of children and the preliminary work on counterfeit medicines and pharmaceutical crimes was supported by the participants. The importance of monitoring mechanisms on the application of conventions was also raised, for the consistent and effective application of the relevant standards.
Action
The Ministers' Deputies are invited to support the work carried out by the CDPC and its subordinate Committees aimed at implementing the conclusions adopted at the conference and to request the CDPC to report to them on the status of this work after its next plenary session.
Appendix I
Provisional list of participants
MEMBER STATES
ALBANIA
Ministry of Justice
Mr Aldo BUMÇI, Minister of Justice, TIRANA
Mr Arben BRACE, Director, TIRANA
Ministry of the Interior
Mr Gjergj LEZHJA, Vice-Minister, TIRANA
Mr Helidon BEKTESHI, Head of Sector, TIRANA
ARMENIA
Mr Davit HARUTYUNYAN, Minister of Justice, YEREVAN
Mr Anatolih MATEVOSYAN, Deputy Minister of Justice, YEREVAN
Mr Hovhannes VARYAN, Deputy Chief of Police, YEREVAN
Mr Gevorg VOSKANYAN, Head of the International Co-operation Department of the Police, YEREVAN
AUSTRIA
Ms Karin GASTINGER, Minister of Justice, VIENNA
Ms Barbara GOETH-FLEMMICH, Head of Department, VIENNA
Mr Bernhard PUSTER, Member of the Ministers Cabinet, VIENNA
Mr Fritz SCHERMANN, Austrian Embassy to the Russian Federation, MOSCOW
Mr Michael SCHOEN, Ministry of Justice, VIENNA
AZERBAIJAN
Ministry of Justice
Mr Fikrat MAMMADOV, Minister of Justice, BAKU
Mr Adil ABILOV, Assistant Minister of Justice, BAKU
Mr Azar JAFAROV, Director, General Department of Organisation and Supervision, BAKU
Ministry of the Interior
Mr. Ramil USUBOV, Minister of Interior, BAKU
Mr. Valentin DJUMAZADE, Deputy Director of International Cooperation Department, BAKU
Mr. Bagif SHARIFOV, Plenipotentiary Representative of the Ministry of Interior of Azerbaijan in the Russian Federation, MOSCOW
Mr. Ruslan HAGIYEV, Director of the International Relations Department, General Prosecutors Office, BAKU
Mr. Nizami SAFAROV, Director of the Department on Administrative and Military Law, Parliament Secretariat, BAKU
BELGIUM
Ministry of Justice
M. Jean-Yves MINE, Responsable du Service pénal international, BRUXELLES
Ministry of the Interior
M. Patrick DEWAEL, Vice-Premier Ministre et Ministre de l’Intérieur, BRUXELLES (Apologised)
BOSNIA AND HERZEGOVINA
Ministry of Justice
Mr Slobodan KOVAC, Minister of Justice of Bosnia and Herzegovina, SARAJEVO
Mr Željka TOŠIĆ, Interpreter, SARAJEVO
Ministry of Security
Mr Bariša ČOLAK, Minister of Security of Bosnia and Herzegovina, SARAJEVO
Mr Samir RIZVO, Assistant Minister, SARAJEVO
Ministry of Justice of the Federation of Bosnia and Herzegovina
Ms Borjana KRISTO, Minister of Justice, SARAJEVO
Ministry of the Interior of the Federation of Bosnia and Herzegovina
Ms Mevludin HALILOVIĆ, Minister of the Interior, SARAJEVO
Ms Amira DJOZO, Interpreter, SARAJEVO
Ministry of Justice of Republika Srpska
Mr Omer VIŠIĆ, Minister of Justice, BANJA LUKA
Ministry of the Interior of Republika Srpska
Mr Stanislav ČADO, Minister of the Interior, BANJA LUKA
Mr Stevo IVETIĆ, Chief of Cabinet, BANJA LUKA
Mr Slaven ROSIĆ, Inspector, BANJA LUKA
BULGARIA
Ministry of Justice
Mr Georgi PETKANOV, Minister of Justice, SOFIA
Ms Ana KARAIVANOVA-DAVIDOVA, Deputy Minister of Justice, SOFIA
Ms Vesselinka MALEVA, Head of the International Legal Assistance Department, International Co-operation and European Integration Directorate, SOFIA
Ministry of the Interior
Mr Rumen PETKOV, Minister of Interior, SOFIA
Mr Boyko KOTZEV, Deputy Minister of Interior, SOFIA
Mr Rumen TOSHEV, JHA Counsellor, SOFIA
Ms Evelina TCHORBADJISHKA, Head of Department, SOFIA
Mr Plamen GROZDANOV, Ambassador, Bulgarian Embassy to the Russian Federation, MOSCOW
CROATIA
Ministry of Justice
Ms Ana LOVRIN, Minister of Justice, ZAGREB
Ms Natalija HMELINA, Head of the Cabinet, ZAGREB
Ms Ljiljana VODOPIJA-ČENGIĆ, Assistant Minister, Directorate for International Legal Assistance, Cooperation and Human Rights, ZAGREB
Ministry of the Interior
Mr Ivica KIRIN, Minister of the Interior, ZAGREB
Mr Marijan BENKO, General Police Director, ZAGREB
Ms Tatjana HRESTAK, Interpreter, ZAGREB
Mr Ognjen KRAJAČIĆ, Secretary of the Ministers Cabinet, ZAGREB
Mr Berislav MANCE, Head of the International Relations Department, ZAGREB
CYPRUS
Ministry of Justice and Public Order
Mr Sophocles SOPHOCLEOUS, Minister of Justice and Public Order, NICOSIA
CZECH REPUBLIC
Ministry of Justice
Mr Roman POLÁŠEK, Deputy Minister, PRAGUE
Mr Robert KOPECKÝ, Expert, International Department, PRAGUE
DENMARK
Ministry of Justice
Mr Kristian Korfits NIELSEN, Head of Division, COPENHAGEN
Mr Per FIIG, Head of Section, COPENHAGEN
ESTONIA
Ministry of Justice
Mr Rein LANG, Minister of Justice, TALLINN
Ms Imbi MARKUS, Head of International Judicial Co-operation Unit, TALLINN
Ms Kristi VÄRK, TALLINN
Ministry of the Interior
Mr Kalle LAANET, Minister of the Interior, TALLINN
Mr Kalev TIMBERG, Deputy Secretary General, TALLINN
FINLAND
Ministry of Justice
Ms Kirsti RISSANEN, Permanent Secretary, HELSINKI
Ms Merja NORROS, Director, HELSINKI
Ministry of the Interior
Ms Marja KARTILA, Inspector General of the Police, Police Department, HELSINKI
FRANCE
Ministère de la Justice
M. Eric RUELLE, Chargé de Mission pour les négociations pénales internationales, Direction des affaires criminelles et des grâces, PARIS
Ministère de l’Intérieur
Mme Dara SIN, Ministère de l’Intérieur et de l’Aménagement du territoire, PARIS
Mme Agnès LALARDRIE, Conseiller pour les affaires juridiques et judiciaires, Ambassade de France, MOSCOU
GEORGIA
Ministry of Justice
Mr Gia KAVTARADZE, Minister of Justice, TBILISSI
Mr George PANIASHVILI, Head of International Relations Co-ordination Division, Department of International Legal Relations, TBILISSI
GERMANY
Ministry of Justice
Ms Brigitte ZYPRIES, Federal Minister of Justice, BERLIN
Mr Thomas DITTMANN, Federal Ministry of Justice, BERLIN
Mr Hans-Holger HERRNFELD, Federal Ministry of Justice, BERLIN
Mr Ralf KLEINDIEK, Federal Ministry of Justice, BERLIN
Ms Eva SCHMIERER, Federal Ministry of Justice, BERLIN
Ms Irina ZINKE, Interpreter, BERLIN
Ministry of the Interior
(Apologised)
GREECE
Ministry of Justice
Mr Anastasios PAPALIGOURAS, Minister of Justice, ATHENS
Mr Angelo ANDROULIDAKIS, Special Adviser, ATHENS
Ms Evdokia KOLPONDINOU-BOUNTOURA, Director General, ATHENS
Mr Vassilios KOSTIS, Minister Counsellor, Greek Embassy to the Russian Federation, MOSCOW
Mr Dimitrios SKOURAS, Managing Director, ATHENS
Ministry of Public Order
Mr Vyron G. POLYDORAS, Minister of Public Order, ATHENS
Ms Margarita POLYDORAS, Secretary, ATHENS
Mr Spyridon SKLAVOS, Minister Adjutant, ATHENS
Mr Stafanos SKOTIS, Head of Security and Order Branch, ATHENS
Mr Panagiotis STATHIS, Hellenic Police Spokesman, ATHENS
HUNGARY
Ministry of Justice
Ms Judit LÉVAYNÉ FAZEKAS, State Secretary, BUDAPEST
Ms Nóra KOVÁCS, Expert, BUDAPEST
ICELAND
Mr Benedikt ÁSGEIRSSON, Ambassador, Icelandic Embassy to the Russian Federation, MOSCOW
Dr Magnus K. Hannesson, Minister Counsellor, Icelandic Embassy to the Russian Federation, MOSCOW
IRELAND
Department of Justice, Equality & Law Reform
Ms Valerie FALLON, Principal Officer, International Policy Division, DUBLIN
Mr Paul MEMERY, First Secretary, Permanent Representation of Ireland to the Council of Europe, STRASBOURG
ITALY
Ministry of Justice
Mr Alberto MARITATI, Under Secretary of State for Justice, ROME
Mr Gian Lorenzo CORNADO, Adviser, ROME
Ministry of the Interior
Mr Nicola DE BIASI, ROME
LATVIA
Ministry of the Interior
Mr Ilze PĒTERSONE, Deputy State Secretary, RIGA
Mr Viesturs BRIEDIS, Councillor, Embassy of Latvia to the Russian Federation, MOSCOW
Ms Tija RINMANE, Director, Department of European Affairs and International Co-operation, RIGA
Mr Artis ZIDERS, Chief of International Co-operation Department, Central Criminal Police Department, RIGA
LIECHTENSTEIN
Ministry of Justice
Mr Klaus TSCHÜTSCHER, Deputy Prime Minister, Minister of Justice, VADUZ (Apologised)
Ministry of the Interior
Mr Martin MEYER, Minister of the Interior, VADUZ (Apologised)
LITHUANIA
Ministry of Justice
Mr Petras BAGUŠKA, Minister of Justice, VILNIUS
Mr Vytautas BARKAUSKAS, Prosecutor, VILNIUS
Ms Laima ČEKELIENE, Prosecutor, VILNIUS
Mr Arūnas KAZLAUSKAS, VILNIUS
Ministry of Interior
Mr Raimondas ŠUKYS, Minister of the Interior, VILNIUS
Mr Stanislovas LIUTKEVIČIUS, Secretary, VILNIUS
Mr Olegas SKINDERSKIS, Director, VILNIUS
MOLDOVA
Mme Elena MOCANU, Vice-ministre, CHIŞINÁU
MONACO
Ministry of Justice / Conseil d’Etat
M. Philippe NARMINO, Président du Conseil d’Etat, Directeur des Services Judiciaires, MONACO
M. Laurent ANSELMI, Conseiller au Cabinet de SAS le Prince, MONACO
Ministry of the Interior / Département de l’Intérieur
M. Paul MASSERON, Conseiller de Gouvernement pour l’Intérieur, MONACO (Apologised)
NETHERLANDS
Ministry of Justice
Mr Joris DEMMINK, Secretary-General, Deputy Minister of Justice, THE HAGUE
Mr Marcel CRAMWINCKEL, Director of Legal and Operational Affairs, THE HAGUE
Mr Alexander KONING, Head of Department for Legal Assistance in Criminal Matters, THE HAGUE
Mr Hendrik REMEIJN, Senior Policy Officer, European and International Affairs Department, THE HAGUE
NORWAY
Ministry of Justice
Mr Knut STORBERGET, Minister of Justice, OSLO
Ms Liv Christina Houck EGSETH, Adviser, OSLO
Ms Guro Glaerum KLEPPE, Adviser, OSLO
Mr Morten RUUD, Secretary General, OSLO
Mr Oyvind Sotvik REKSTAD, Second Secretary, Royal Norwegian Embassy to the Russian Federation, MOSCOW
Mr NORDSLETTEN, Royal Norwegian Embassy to the Russian Federation, MOSCOW
POLAND
Ministry of Justice
Mr Jerzy ENGELKING, Deputy Prosecutor General, Prosecutor General’s Office, WARSAW
Mr Józef GEMRA, Prosecutor, Prosecutor General’s Office, WARSAW
Ministry of the Interior
Mr Przemislav BASZAK, Head of Department, WARSAW
Mr Pavel CHOMENTOWSKI, WARSAW
PORTUGAL
Ministry of Justice
Mr Joǎo SILVEIRA, Secretary of State, LISBON
Mr Luis GOES, Deputy, LISBON
ROMANIA
Ministry of Justice
Mr Florin Razvan RADU, Director, Directorate of International Law and Treaties, BUCHAREST
Ministry of Administration and the Interior
Mr Alexandru MIRCEA, Secretary of State, BUCHAREST
Mr Nicolae Dragoş PLOESTEANU, Head of Department, BUCHAREST
Ms Vilhelmina LUCINESCU, Expert, BUCHAREST
RUSSIAN FEDERATION
Ministry of Justice
Mr Vladmir V. USTINOV, Minister of Justice, MOSCOW
Mr Nickolaï I. SAVCHENKO, Deputy Minister of Justice, MOSCOW
Mr Robert A. ADELKHANYAN, Director, Department of International Law and Co-operation, MOSCOW
Mr Arkady V. TONKOGLAS, Deputy Director, Department of International Law and Co-operation, MOSCOW
Mr Igor V. POHOMOV, Deputy Director, Department of International Law and Co-operation, MOSCOW
Mr Pavel V. IVLIEV, Deputy Director, Department of International Law and Co-operation, MOSCOW
Ministry of the Interior
Mr Rashid G. NOURGALIEV, Minister of the Interior, MOSCOW
Office of the Prosecutor General
Mr Yuri CHAIKA, Prosecutor General, MOSCOW
SERBIA
Ministry of Justice
Mr Zoran STOJKOVIC, Minister of Justice, BELGRADE
Mr Vladimir DAVIDOVIC, Head of Department for International Co-operation and European Integration, BELGRADE
Ms Vera KOLAREVIC, Chief of the Private Office of the Minister, BELGRADE
Ms Mirjana SRDANOV, Interpreter, BELGRADE
Ministry of the Interior
Mr Dragan JOČIĆ, Minister of the Interior, BELGRADE
Ms Mirjana ORASANIN, State Secretary, BELGRADE
Mr Drazen MARAVIC, Head of the Bureau for International Co-operation and EU Integration, BELGRADE
SLOVAK REPUBLIC
Ministry of Justice
Mr Štefan HARABIN, Deputy Prime Minister, BRATISLAVA
Mr Branislav BOHACIK, Director, Division for Judicial Co-operation in Criminal Matters, BRATISLAVA
Mrs Jana VNUKOVA, Deputy Director General, International and European Law Department, BRATISLAVA
SLOVENIA
Ministry of Justice
Mr Lovro ŠTURM, Minister of Justice, LJUBLJANA
Mr Janko KOREN, Chief of Staff, LJUBLJANA
Ministry of the Interior
Mr Dragutin MATE, Minister of the Interior, LJUBLJANA
SPAIN
Ministry of Justice
M. Juan Fernando LÓPEZ AGUILAR, Ministre de la Justice, MADRID
Mme Ana Maria DE MIGUEL LANGA, Vice-Ministre de la Justice, MADRID
M. Valentin DUEÑAS JIMINEZ, Conseiller international du Ministre, MADRID
M. David GLÜCK, Directeur du Cabinet du Ministre, MADRID
SWEDEN
Ministry of Justice
Ms Ann-Marie BOLIN-PENNEGÅRD, Ambassador, Division for Criminal Cases and Judicial Cooperation, STOCKHOLM
Mr Håkan FRIMAN, Deputy Director, STOCKHOLM
Mr Ola LÔFGREN, Chief Prosecutor, Office of the Prosecutor General, STOCKHOLM
Ms Anna LYBERG, Second Secretary, Embassy of Sweden to the Russian Federation, MOSCOW
SWITZERLAND
M. Rudolf WYSS, Sous-directeur de l’Office fédéral de la justice, Chef de la Division de l’entraide judiciaire internationale, BERNE
M. Lukas BEGLINGER, Ambassadeur-Ministre, Ambassade de Suisse, MOSCOU
M. Patrick FRANZEN, Premier Secrétaire, Ambassade de Suisse, MOSCOU
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”
Ministry of Justice
Mr Mihajlo MANEVSKI, Minister of Justice, SKOPJE (Apologised)
Mr Saso VABILEVSKI, Deputy Minister of Justice, SKOPJE
Ms Gorica ATANASOVA, Head of Delegation, SKOPJE
Ministry of the Interior
Ms Gordana JANKULOSKA, Minister of the Interior, SKOPKE
TURKEY
Ministry of Justice
Mr Cemil CICEK, Minister of Justice, ANKARA
Ms Ayben IYISOY, Judge, ANKARA
Ministry of the Interior
Mr Abdulkadir AKSU, Minister of the Interior, ANKARA (Apologised)
UKRAINE
Ms Inna YEMELIYANOVA, Deputy Minister of Justice, KIEV
Ms Tetyana SHORSTKA, Head of the Division on execution of international instruments in criminal matters, Department of International Co-operation, KIEV
UNITED KINGDOM
The Rt Hon Lord Falconer of Thoroton, Secretary of State and Lord Chancellor, LONDON (Apologised)
Mr Richard BRADLEY, Head of the Judicial Co-operation Unit, Home Office, LONDON
* * * * *
EUROPEAN COMMUNITY
EUROPEAN COMMISSION
Ms Helge Elisabeth ZEITLER, BRUSSELS
General Secretariat of the Council of the European Union /
Mr Ivan BIZJAK, Director General – DGH, BRUSSELS
EUROJUST
Mr Michael G. KENNEDY, President, THE HAGUE (Apologised)
* * * * *
OBSERVERS
CANADA
Mrs Elaine KRIVEL, QC, BRUSSELS
Ms Leslie Erin McKEY, Ministry of Justice, OTTAWA
Mr Gareth David SANSOM, Ministry of Justice, OTTAWA
HOLY SEE
(Apologised)
JAPAN
(Apologised)
MEXICO
Mr Guillermo VALLS ESPONDA, Legal Attaché, MADRID
Mr Carlos Maria ABASCAL CARRANZA, Secretario de Gobernación, MEXICO (Apologised)
MONTENEGRO
Ministry of Justice
Ms Branka LAKOCEVIC, Deputy Minister of Justice, PODGORICA
Ms Vesna RACKOVIC, PODGORICA
Mr Vuksan VUKSANOVIC, International Co-operation Officer, PODGORICA
Ministry of the Interior
Mr Svetozar DJUROVIC, Assistant to the Minister of the Interior, PODGORICA
Mr Ivan MILIĆ, Adviser, PODGORICA
UNITED STATES OF AMERICA
Mr Thomas BURROWS, Associate Director, Office of International Affairs, Criminal Division, Department of Justice, WASHINGTON, DC
* * * * *
COMMITTEE OF MINISTERS
Mr Bruno GAIN, Ambassador, Permanent Representative of France to the Council of Europe, Chairman of the Rapporteur Group on Legal Cooperation (GR-J), STRASBOURG
PARLIAMENTARY ASSEMBLY - COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS /
M. Valery GREBENNIKOV, membre de la Commission
EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC)
M. Claude DEBRULLE, Directeur Général, Direction Générale de la Législation, des Libertés, et Droits fondamentaux, BRUXELLES Chairman of the CDPC (Apologised)
Mr Branislav BOHACIK, Director, Division for Judicial Co-operation in Criminal Matters, BRATISLAVA
Vice-Chairman of the CDPC
COMMITTEE OF EXPERTS ON TERRORISM (CODEXTER)
Ms Marja LEHTO, Director, Ministry for Foreign Affairs, HELSINKI
Chair of the CODEXTER
* * * * *
International Organisations /
UNITED NATIONS
Mr Sergey KAREV, Head of ATAO, Counter-Terrorism Committee Executive Directorate, NEW YORK, NY
Mr Francisco Javier MARTINEZ SANCUIZ, Legal Officer, Counter-Terrorism Committee Executive Directorate, RYE, NY
INTERNATIONAL CRIMINAL COURT (ICC)
(Apologised)
I.C.P.O. INTERPOL
(Apologised)
NORDIC COUNCIL OF MINISTERS
Ms Kristin ÓLAFSDÓTTIR, Senior Adviser, COPENHAGEN
Mr Per UNCKEL, Secretary General, COPENHAGEN (Apologised)
ORGANIsATION FOR SECURITY AND CO-OPERATION IN EUROPE (OSCE) /
Mr Manuel MARION MAINER, Deputy Head, Strategic Police Matters Unit (SPMU), VIENNA
* * * * *
RAPPORTEURS
Mr Yuri CHAIKA, Prosecutor General, Office of the Prosecutor General, MOSCOW
Mr Guy DE VEL, Director General of Legal Affairs, Council of Europe, STRASBOURG
Mr Fikrat MAMMADOV, Minister of Justice, BAKU
Mr Albero MARITATI, Under Secretary of State for Justice, Ministry of Justice, ROME
Mr Anastasios PAPALIGOURAS, Minister of Justice, ATHENS
Mr Eugenio SELVAGGI, Deputy District Attorney General, Procura Generale presso la Corte di Appello, ROME
* * * * *
Secretariat General of the Council of Europe
Ms Maud DE BOER-BUQUICCHIO Deputy Secretary General
Directorate General I – Legal Affairs
M. Guy DE VEL Director General of Legal Affairs
Ms Margaret KILLERBY Head of the Department of Crime Problems
Ms Bridget O’LOUGHLIN Head of the Criminal Justice Division
Ms Anna CAPELLO-BRILLAT Head of the Division for the judiciary and programmes
Mr Arkadi SYTINE Adviser for legal co-operation programmes for the Russian Federation, Division for the Judiciary and Programmes
M. Humbert DE BIOLLEY Head of the Criminal Standards Unit
Mme Catherine GALLAIS Principal Administrative Assistant
Mme Odile GEBHARTH Assistant
Mme Dominique WULFRAN Assistant
Ms Elena HEDOUX Assistant
Private Office of the Secretaries General
M. Gianluca ESPOSITO Adviser
Protocol
Mme Isabelle FLECKSTEINER Administrative Assistant
Directorate of Communication
Mme Estelle STEINER Press Attaché
M. Alban BODINEAU Photographer
Interpreters
Ms Barbara GRUT, Head of the Interpreters Team
Mme Valentina ANUFRIEVA
Mr Ruben BAYBURTYAN
M. Boris GORBENKO
Mme Irène MARKOWICZ
M. Pavel PALAZHCHENKO
Mme Anna TUNEVA
Appendix II
Programme
08h 30-09h 30 Registration of participants
09h 30 Opening session - open to the media until 10h15
Chair: Mr Vladimir Vassilievitch USTINOV, Minister of Justice of the Russian Federation
Opening addresses by:
- Mr Vladimir Putin, President of the Russian Federation, represented by Mr Viktor PetrovicIvanov, Aide to the President
- Ms Maud de BOER-BUQUICCHIO, Deputy Secretary General of the Council of Europe
- Ambassador Bruno GAIN, Permanent Representative of France to the Council of Europe, Representative of the Committee of Ministers of the Council of Europe
- Mr Ivan BIZJAK, Director General DGH – Council of the European Union
10h 15 First session
Towards an improvement of the efficiency of the operation of the European Conventions on judicial co-operation in criminal matters: the need to modernise the European mechanisms on extradition and on mutual assistance
Chair: Mr Vladimir Vassilievitch USTINOV, Minister of Justice of the Russian Federation
Rapporteurs:
- Mr Yuri CHAIKA, Prosecutor General of the Russian Federation
- Mr Fikrat MAMMADOV, Minister of Justice of Azerbaijan
- Mr Eugenio Selvaggi (Italy), Former Chair of the Committee of Experts on the Operation of European Conventions on co-operation in criminal matters (PC-OC)
General discussion
Concluding remarks on the first session by the Chair
11h 30 Coffee-break
11h 45 Second session
Towards an improvement of the efficiency of the operation of the European Conventions on judicial co-operation in criminal matters: settlement of disputes concerning the interpretation or the application of the Conventions
Chair: Mrs Kirsti RISSANEN, Permanent Secretary, Ministry of Justice of Finland
Rapporteur: Mr Anastasis PAPALIGOURAS, Minister of Justice of Greece
General discussion
Concluding remarks on the second session by the Chair
12h 40 Luncheon hosted by the Deputy Secretary General of the Council of Europe, Ms Maud de BOER-BUQUICCHIO, for the Ministers and Heads of Delegation
Luncheon hosted by the authorities of the Russian Federation, for the other participants
14h 40 Third session
The operation of the European Conventions to fight specific crimes: European co-operation
Chair: Ms Brigitte ZYPRIES, Minister of Justice of Germany
Rapporteur: Mr Alberto Maritati, Under Secretary of State for Justice of Italy
Reaction by: Mr Rashid G. Nourgaliev, Minister of the Interior of the Russian Federation
General discussion
Concluding remarks on the third session by the Chair
16h 15 Coffee-break
16h 45 Fourth session
The mechanisms of monitoring and control of the operation of the criminal Conventions
Chair: Mr Juan Fernando López Aguilar, Minister of Justice of Spain
Rapporteur: Mr Guy DE VEL, Director General of Legal Affairs of the Council of Europe
General discussion
Concluding remarks on the fourth session by the Chair
17h 40 End of the first day Sessions
Dinner hosted by the Minister of Justice of the Russian Federation, Mr Vladimir Vassilievitch USTINOV, for all the participants
Closing of the conference
Chair: Mr Vladimir Vassilievitch USTINOV, Minister of Justice of the Russian Federation
09h 30 General discussion
10h 30 Adoption of the conclusions
11h 00 Closing remarks:
- Representative of the Russian Federation
- Representative of the Council of Europe
11h 30 Press conference
Afternoon Social programme for all the participants
Appendix III
Conclusions
Improving European Co-operation in the Criminal Justice Field
1. The Ministers of Justice and of the Interior and Heads of Delegation taking part in the Conference on “Improving European Co-operation in the Criminal Justice Field” (Moscow, 9-10 November 2006),
2. Referring to the Warsaw Declaration adopted by the Heads of State and Government at their Third Summit in May 2005, which proclaims: “we will further develop legal co-operation within the Council of Europe with a view to better protecting our citizens and to realising on a continental scale the aims enshrined in its Statute”;
3. Referring also to the Action Plan adopted by the Summit and which provides for strengthening the security of European citizens notably by combating terrorism, corruption and organised crime, trafficking in human beings and cybercrime as well as to the Resolution adopted by the Third High-level multilateral meeting of the Ministries of the Interior in Warsaw in March 2005 on the fight against terrorism and organised crime to improve security in Europe;
4. Bearing in mind the provision of this same Action Plan whereby “we will make full use of the Council of Europe’s standard-setting potential and promote implementation and further development of the Organisation’s legal instruments and mechanisms of legal co-operation, keeping in mind the conclusions of the 26th Conference of European Ministers of Justice (Helsinki, 7-8 April 2005)” and also the conclusions adopted at the 7thSession of the Conference of Prosecutors General of Europe (Moscow, 5-6 July 2006);
5. Convinced of the Council of Europe’s essential role in developing a common legal area based on respect for human rights and the rule of law;
6. Bearing in mind the significant number of the Council of Europe treaties in the criminal justice field (currently over thirty), in particular the conventions on extradition and mutual assistance in criminal matters and their additional protocols, which have provided the basis for legal co-operation in criminal matters in Europe for almost 50 years;
7. Underline the need to improve the efficiency of international co-operation in criminal matters in order to prevent and effectively combat criminality while ensuring respect of the European Convention on Human Rights, and welcome the significant achievements of the Council of Europe in this domain, in particular through the work of the European Committee on Crime Problems (CDPC);
8. Support the essential role of the Committee of Experts on the operation of European conventions on co-operation in criminal matters (PC-OC) in monitoring the application of the Council of Europe conventions on international co-operation in criminal matters in order to find solutions to concrete problems, accelerate procedures and prevent disputes between States;
9. Encourage the Council of Europe:
a. to put in place various practical measures to this end:
1. in particular, they support the idea that a network of national contact points be developed in order to facilitate contacts between those responsible for international judicial co-operation, notably in the areas of combating terrorism, corruption and organised crime, trafficking in human beings and cybercrime;
2. they also support the establishment of a database of procedures in force in the member States concerning the various types of co-operation which would allow for easier access to this information;
3. they furthermore invite the States party to the co-operation conventions to continue their exchanges of good practices;
b. to continue the efforts to improve the operation of the main conventions regulating international co-operation in criminal matters, in particular those regarding extradition (as well as mutual legal assistance and transfer of criminal proceedings), in order to identify the difficulties encountered and to consider the need for any new instruments;
10. Agree that the Council of Europe’s instruments offer possibilities for the friendly settlement of disputes arising from the application of the conventions. They encourage the PC-OC to strengthen its role in preventing disputes, taking into account, in particular, the nature and content of such disputes and, wherever necessary, to submit proposals to the CDPC, in consultation with the Committee of legal advisers on public international law (CAHDI), to improve the settlement procedures;
11. Call on the PC-OC to continue facilitating the transfer of sentenced persons in application of the Council of Europe instruments and to follow closely the developments in the case-law of the European Court of Human Rights as well as in the European Union in this matter, and to analyse the feasibility of an extension in the Council of Europe context of any provisions which may be adopted by the European Union; they also support the Council of Europe’s actions under way in the penitentiary field, which aim at improving the standards of detention and which thus facilitate international co-operation in this field;
12. Consider that for the PC-OC to be able to fulfil adequately its role in this domain, regular meetings of the Committee should be ensured;
13. Call on the Committee of Experts on Terrorism (CODEXTER) to continue its effective work to identify the existing lacunae in international law or action on the fight against terrorism, as well as to pursue ongoing activities, in particular the drawing up of the Country profiles on counter-terrorist capacity covering, inter alia, international co-operation in this area;
14. Call on those States which have not already done so to sign and ratify at the earliest opportunity the relevant Council of Europe conventions, in particular the Protocol amending the European Convention on the suppression of terrorism, the Conventions on the prevention of terrorism, on laundering, search seizure and confiscation of the proceeds from crime and on the financing of terrorism as well as on action against trafficking in human beings, so that they can enter into force without delay;
15. Call on those States which have not already done so to become Parties, in conformity with their national procedures, to the Convention on Cybercime so as to ensure the broadest possible application of the co-operation machinery it provides for and invite the CODEXTER to continue its examination of the issue of cyberterrorism;
16. Call also for the signature and ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, which provides a legal basis for increased co-operation between States using methods suited to combating modern types of crime;
17. Support the current work on drafting a convention to criminalise the sexual exploitation of children and observe with interest the preparatory work for a possible binding legal instrument on counterfeit medicines and pharmaceutical crimes, in particular following the international conference held on the issue in Moscow on 23 and 24 October 2006; they reiterate the importance of international co-operation to combat these evils;
18. Welcome the positive results of the assistance activities conducted by the Council of Europe in its member States with a view to promoting, notably through legislative and institutional reforms as well as training programmes, international co-operation and the application of European instruments in this area; they note, in particular, the many activities and co-operation programmes conducted in certain member States and in certain regions; they encourage the Council of Europe to continue and expand, to the extend possible, these activities;
19. Welcome the results achieved by the monitoring bodies in the criminal field such as the Group of States against Corruption (GRECO) and the Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL) and, with the perspective of setting up monitoring mechanisms as provided for in the above-mentioned conventions (in the fields of money-laundering, terrorism and trafficking in human beings), underline their importance for the consistent and effective application of the relevant standards;
20. Express their warmest thanks to the authorities of the Russian Federation for the excellent organisation and success of this Conference in the context of the Chairmanship of the Committee of Ministers of the Council of Europe, and for their generous hospitality.
[1] This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.