Ministers’ Deputies

Notes on the Agenda

CM/Notes/808/4.1 (restricted) 21 August 2002

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808 Meeting, 18 September 2002
4 Human Rights

4.1 Steering Committee for Human Rights (CDDH)
Abridged report of the 53rd meeting (Strasbourg, 25-28 June 2002)

Reference documents
CM(2002)124

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Action The Deputies are invited to take note of the abridged report of the 53rd meeting of the CDDH as a whole (see CM(2002)124) and, in this context, to: - extend to 31 December 2002 the deadline for preparation by the CDDH of an opinion on Recommendation 1504 (2001) of the Parliamentary Assembly “Non-expulsion of long-term immigrants”; -          - extend to 30 July 2003 the deadline for preparation by the CDDH of a feasibility study on means of reinforcing interaction between the European Court of Human Rights and national courts.

The Steering Committee for Human Rights (CDDH) held its 53rd meeting in Strasbourg on 25-28 June 2002. The abridged report of the meeting is presented in document CM(2002)124.  At the meeting, the CDDH, in particular:

- finalised[1]  its draft “Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism” (see DG-II (2002) 7, which reproduces Addendum I to CDDH (2002) 010).

The Guidelines were adopted by the Deputies at their 804th meeting (11 July 2002, CM/Del/Dec/(2002)804/4.3 and appendix). The CDDH accompanied the Guidelines by a collection of sources (case-law of the Court, international texts) consulted in preparing them, while underlining that this collection made no value judgements, and must not be regarded as an explanatory memorandum or report;

- adopted an activity report containing a study on legal and technical issues of possible European Communities/European Union accession to the European Convention on Human Rights (see DG-II (2002) 6, which reproduces Addendum II to CDDH (2002) 010) [2]. The Deputies took note of the study at their 804th meeting (11 July 2002; CM/Del/Dec/(2002)804/4.2). This activity derives from the follow-up to the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000).

Moreover, the CDDH undertook the preparation of an opinion on Recommendation 1504 (2001) of the Parliamentary Assembly “Non-expulsion of long-term immigrants” [3]. The CDDH felt it necessary to continue the preparation of this opinion at its next meeting (1-4 October 2002) and thus decided to ask the Deputies that the deadline, initially foreseen for 30 June 2002, be extended to 31 December 2002.

            It is recalled that, among the decisions taken by the Deputies in January  2001 on the follow-up of the texts adopted  by the Rome Ministerial Conference, Decision N° 10 (Reflection on the reinforcement of the human rights protection mechanism set up by the Convention) is at the origin of in-depth work within the CDDH and its various bodies. An interim activity report, reflecting in particular the proposals made by its Reflection Group CDDH-GDR and its Committee of Experts DH-PR, will be adopted by the CDDH at its 54th meeting (1‑4 October 2002), for transmission to the Deputies. It will adopt its final report at its 55th meeting (17-20 June 2003).  At its 53rd meeting, the CDDH took note of the progress of the work in this field, and in particular of the state of preparation of the Seminar “Partners for the Protection of Human Rights: Reinforcing Interaction between the European Court of Human Rights and National Courts” (Strasbourg, 9-10 September 2002). The CDDH asked that the deadline currently assigned for the preparation of a feasibility study on this subject (31 October 2002) [4] be brought into line with that concerning other aspects of the reform of the human rights protection mechanism set up by the Convention, namely 31 July 2003[5].

Also in the context of the follow-up of the Ministerial Conference (decision N°16 of the Deputies), the CDDH took note of the state of preparation of the Seminar “What access to public documents?”(Strasbourg, 27-29 November 2002).

Finally, the CDDH held an exchange of views with Mr Alvaro GIL-ROBLES, Commissioner for Human Rights of the Council of Europe and with Mrs Renate WOHLWEND, Chairperson of the Sub-committee of Human Rights of the Committee of Legal Affairs and Human Rights of the Parliamentary Assembly. It invited the Parliamentary Assembly to send a representative to the meetings of the CDDH.

Financing assured: YES

DRAFT DECISIONS

808th meeting – 18 September 2002

Item 4.1

Steering Committee for Human Rights (CDDH)

Abridged report of the 53rd meeting (Strasbourg, 25-28 June 2002)
(CM(2002)124)

Decisions

The Deputies

1.         agreed to extend to 31 December 2002 the deadline for preparation by the CDDH of an opinion on Recommendation 1504 (2001) of the Parliamentary Assembly “Non-expulsion of long-term immigrants”, and to 31 July 2003 the deadline for preparation by the CDDH of a feasibility study on means of reinforcing interaction between the European Court of Human Rights and national courts;

2.         took note of the abridged report of the 53rd meeting of the CDDH as a whole (see CM(2002)124).