Brdo, 20 November 2009
CCPE(2009)12
CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)
Abridged report of the 4th meeting (Brdo, Slovenia, 18 - 20 November 2009)
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A. FOREWORD
The Consultative Council of European Prosecutors (CCPE) met in Brdo, at the invitation of the Minister of Justice of Slovenia, from 18 to 20 November 2009, under the Chairmanship of Mr Olivier de BAYNAST (France). The CCPE thanked the Slovenian authorities, and in particular Mr. Ales ZALAR, Minister of Justice, for the excellent welcome which it had received as well as the quality of the organisation of the meeting.
Part of this meeting took place jointly with the Consultative Council of European Judges (CCJE).
The agenda and the list of participants are appended.
B. DECISIONS TAKEN BY THE CCPE
The CCPE:
1. adopted, jointly with the CCJE, the Opinion N°4 (2009) on "the relations between judges and prosecutors" (CCJE(2009)1 / CCPE(2009)2);
entrusted its Secretariatto forward this Opinion to the European Committee on Crime Problems (CDPC) so that it can be given the opportunity to comment on it, and then to submit it to the Committee of Ministers to make good use of it, in particular by forwarding it to the competent authorities in the member states and, where appropriate, having it translated into the corresponding languages and by forwarding this Opinion to the Parliamentary Assembly of the Council of Europe;
welcome the close and fruitful cooperation with the CCJE in drafting this Opinion;
2. took note of the information given by representatives of member states on in the judicial field and invited its members to forward to the Secretariat written information on recent domestic developments regarding the prosecution service, which could be included in the area "country profiles" of its web site;
3. entrusted Mr Olivier de BAYNAST and Harald RANGE to complete the draft questionnaire on "principles of public prosecution as regards juvenile justice", so that the questionnaire can be sent to all member states by mid December 2009, in order to be answered before the end of January 2010;
4. appointed Alessandra GIRALDI (Denmark), Peter POLT (Hungary), Harald RANGE (Germany), Ahmet TASYURT (Turkey), Antonio VERCHER NOGUERA (Spain), Cedric VISART de BOCARME (Belgium), Veselin VUCKOVIC (Montenegro), Jana ZEZULOVA (Czech Republic) and Alexander ZVYAGINTSEV (Federation of Russia) as members of the CCPE-GT, and Robert AMPUY (Andorra), Annette von SYDOW (Sweden) and Arend B. VAST (Netherlands) as deputy members; instructed the Group to prepare a draft Opinion on "the principles of public prosecution as regards juvenile justice", taking into account existing instruments of the Council of Europe, such as the Recommendation Rec(2008)11 on the European Rules for juvenile offenders subject to sanctions or measures, to be submitted to the 5th plenary meeting of the CCPE;
5. agreed to prepare in 2010 a questionnaire on the relationships between prosecutors and prison administration, taking into consideration the applicable European standards including Recommendation Rec(2006)2 on European Prison Rules and the monitoring of its implementation by the CDPC, as well as a study of the case law on the European Court of Human Rights on this issue;
6. invited its members to fulfil before 30 November 2009 the questionnaire of the Committee of Ministers "to be addressed to members of steering and ad hoc committees of the Council of Europe" aimed to better ascertain the relevance and added value of the work of the individual ad hoc and steering committees, to contribute to the current efforts to reinforce the impact, efficiency and usefulness of the work of the Organisation as a whole;
7. invited its members to organise or draw on national events in order to promote the implementation of Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system for the tenth anniversary of this instrument and to inform the Secretariat as soon as possible so that this event can be supported by the CCPE according to appropriate modalities; to use this momentum to organise, where appropriate, the translation of this Recommendation into non official languages of the Council of Europe;
8. took note of the report by its member in respect of Italy following the letter addressed to the CCPE by MEDEL on 29 October 2009 on events concerning the relations between judges and the media in Italy, as well as of the subsequent Resolution taken by the High Council of Justice on 21 October 2009 and the Address of 5 November 2009 by the Italian President of the Republic to the High Council of Justice; invited its member in respect of Italy to keep it informed of any developments on this issue;
9. welcome the "concept paper for the training of judges and prosecutors in cybercrime and electronic evidence matters" approved by the Lisbon Network in September 2009, invited the relevant authorities in the member states, and in particular the training institutions for prosecutors, to make the better use of this concrete training tool and invited its members to disseminate it among the public prosecutors in their countries, together with the relevant Convention of the Council of Europe on cybercrime;
10. took note of the Memorandum on the visibility of the work of the CCPE, on dissemination and implementation of the CCPE Opinions (CCPE(2009)11) and decided to work according to the guidance of this document;
11. re-elected Mr Olivier de BAYNAST (France) as President of the CCPE and Mr Joao Manuel da SILVA MIGUEL (Portugal) as Vice-President of the CCPE for a one year period and elected Mr Antonio MURA (Italy) as member of the Bureau for a two year period – having in mind that the mandate of Ms Raja TOIVIAINEN (Finland) lasted until the end of 2010.
Appendix I
AGENDA
1. Opening of the meeting by Mr Ales ZALAR, Minister of Justice of Slovenia, Mr Philippe BOILLAT, Director General of Human Rights and Legal Affairs of the Council of Europe, Ms Julia LAFFRANQUE, President of the CCJE and Mr Olivier de BAYNAST, President of the CCPE
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Please note that this activity is organised within the framework of the Slovenian Presidency of the Committee of Ministers of the Council of Europe (12 May - 18 November 2009). |
2. Adoption of the agenda
3. Information by the President, Bureau members and the Secretariat
4. Discussion with a view to the adoption of the CCPE/CCJE Draft Opinion No.4 (2009) on “the relations between judges and prosecutors” – Including a joint session with the CCJE
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The draft joint Opinion on “the relations between judges and prosecutors” is the result of the conclusions of the Conference held in Bordeaux on 30 June – 1st July and the meetings of the Working groups of the CCPE and CCJE. It comprises a Declaration and an Explanatory note. |
5. Recent developments regarding public prosecution in the member states in relation to the implementation of the Recommendation 2000(19): tour de table
6. Working programme 2010
§ Timetable of activities for 2010
§ Appointment of the members of the 2010 CCPE-GT
§ Discussion on the drafting of the future opinion on the principles of public prosecution as regards juvenile justice
§ Discussion on the future work of the CCPE regarding the role of prosecutors in the implementation of the European prison rules of the Council of Europe
§ Discussion of the questionnaire addressed by the Committee of Ministers to the CCPE members
7. Celebration of the 10th anniversary of the Recommendation 2000(19) in 2010 and better ways for promoting the implementation of the Recommendation in the member States
8. Presentation and discussion of a concept paper on the institutionalisation of the training of judges and prosecutors on cybercrime and electronic evidences
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The concept paper was prepared by a multi-stakeholder working group with representatives from the Lisbon Network and in cooperation with the Council of Europe Project on Cybercrime with the aim to help judicial training institutions develop training programmes on cybercrime and to integrate them into regular initial and in-service training. The CCPE role is to support the concept paper and to contribute to its wide dissemination within the judiciary of each member State. |
9. Visibility of the work of the CCPE and implementation of adopted Opinions
10. Relations between the CCPE and other bodies of the Council of Europe
11. Any other business
Appendix II
LIST OF PARTICIPANTS / LISTE DES PARTICIPANTS
MEMBER STATES/ ETATS MEMBRES
ALBANIA / ALBANIE
Artur SELMANI Prosecutor, Director of Judiciary Matters in General Prosecutor Office, Tirana
ANDORRA/ ANDORRE
Robert AMPUY, Procureur Général, Andorra la Vella
ARMENIA / ARMENIE
Ms Nelly HARUTYUNYAN, Head of Department, Office of the Prosecutor General, Yerevan
AUSTRIA / AUTRICHE
Karl GASSER, Senior Public Prosecutor, Oberstaatsanwaltschaft Graz, Graz - Apologised / Excusé
AZERBAIJAN/ AZERBAΪDJAN
Mr Anar RZAYEV, Prosecutor, International Relations Department of the General Prosecutor’s Office, Baku - Apologised / Excusé
BELGIUM/ BELGIQUE
M. Cedric VISART de BOCARME, Procureur Général de Liège, Liège
BOSNIA HERZEGOVINA / BOSNIE-HERZEGOVINE
Ms Vesna BUDIMIR, Prosecutor, Tuzilastvo-Tuzilastvo Bosnie i Hercegovine, SARAJEVO
BULGARIA / BULGARIE
Mr Kamen MIHOV, Head of the International Legal Cooperation Department, Court of Cassation, Office of the Prosecutor General, Sofia
CROATIA / CROATIE
Josip CULE, Deputy Attorney General, Head of International Legal Assistance and Cooperation Department, Zagreb
CYPRUS/ CHYPRE
Ms Despina KYPRIANOU, Special Adviser to the Attorney General, Law office of the Republic of Cyprus, Nicosia
CZECH REPUBLIC/ REPUBLIQUE TCHEQUE
Ms Jana ZEZULOVA, Public Prosecutor, Supreme Public Prosecutor’s Office, Analytic and Legislative Department, Brno
DENMARK/ DANEMARK
Ms Alessandra GIRALDI, Deputy Chief Prosecutor, Office of the Director of Public Prosecutions, Copenhagen - Apologised / Excusée
ESTONIA/ ESTONIE
Mr Norman AAS, Prosecutor General, Office of the Prosecutor General, Tallinn
FINLAND / FINLANDE
Ms Raija TOIVIAINEN, State Prosecutor, Head of the International Unit, Helsinki - Apologised/ Excusée
FRANCE
M. Olivier de BAYNAST, President of the CCPE/ Président du CCPE, Procureur Général près la Cour d’Appel d’Amiens, Amiens
GEORGIA / GEORGIE
Mr Zviad MATIASHVILI, Office of the Prosecutor General, Tbilisi
GERMANY / ALLEMAGNE
Mr Harald RANGE, Prosecutor General, Generalstaatsanwaltschaft Celle, Celle
GREECE/ GRECE
Mr Emmanuel Roussos PAPADAKIS, Vice-Public Prosecutor, Public Prosecutor’s Office, Supreme Court, Athens - Apologised / Excusé
HUNGARY/ HONGRIE
Mr Peter POLT, Chief Prosecutor, Head of Criminal Trial Cases, Office of the Prosecutor General, Budapest
ICELAND/ ISLANDE
Mr Kolbrun SAEVARSDOTTIR, Prosecutor, Office of the Director of Public Prosecutions, Reykjavik - Apologised / Excusé
IRELAND / IRLANDE
Mr James HAMILTON, Director of Public Prosecutions, Office of the Director of Public Prosecutors - Apologised / Excusé
Mr Peter McCORMICK, Prosecutor, Office of the Director of Public Prosecutors, Dublin
ITALY / ITALIE
Mr Antonio MURA, Deputy Prosecutor General of the Italian Supreme Court, Prosecutor General’s Office, International Relations, Rome
Mr Alfredo Pompeo VIOLA, Member of the High Council for the Judiciary, Rome
LATVIA / LETTONIE
Ms Rudite ABOLINA, Head Prosecutor of the Department of Analysis and Management, Deputy Prosecutor General, Prosecutor’s General Office, Riga
LIECHTENSTEIN
Mr Dietmar BAUR, Prosecutor General’s Office , Vaduz
LITHUANIA / LITUANIE
Apologised / Excusé
LUXEMBOURG
M. Robert BIEVER, Procureur d’Etat, Parquet du Tribunal d’Arrondissement de Luxembourg, Luxembourg - Apologised / Excusé
MALTA/ MALTE
Mr Silvio CAMILLERI, Attorney General, Office of the Attorney General, Valletta
MOLDOVA
Mr Valeriu GURBULEA, Prosecutor General of the Republic of Moldova, Chisinau - Apologised / Excusé
MONACO
M. Jacques RAYBAUD, Procureur Général, Palais de Justice, Monte Carlo - Apologised / Excusé
MONTENEGRO
Ms Ranka CARAPIĆ, Supreme State Prosecutor, Podgorica
Mr Veselin VUČKOVIĆ, Deputy Supreme State Prosecutor, Podgorica
Ms Branka LAKOCEVIĆ, Deputy Minister, Podgorica
Ms Radmila CUKOVIĆ, Secretary of the Supreme State Prosecutor's Office, Podgorica
Ms Ana BOSKOVIĆ, Assistant for International Cooperation, Supreme State Prosecutor's Office, Podgorica
NETHERLANDS/ PAYS‑BAS
Mr Arend B. VAST, National Member for the Netherlands, Chief Public Prosecutor, The Hague
NORWAY / NORVEGE
Mr Harald STRAND, Senior Public Prosecutor, Office of the Director of Public Prosecutions, Oslo- Apologised / Excusé
Mr Roar ØSTBY, Public Prosecutor, Office of the Director of Public Prosecutions, Oslo - Apologised/ Excusé
POLAND / POLOGNE
Mr Jerzy SZYMAŃSKI, Deputy Prosecutor, Ministry of Justice, Warsaw
Mr Mieczysław TABOR, Director of Judicial Proceedings Bureau in the National Prosecution Office, Warsaw
PORTUGAL
Mr João Manuel DA SILVA MIGUEL, Vice-President of the CCPE /Vice-Président du CCPE, Procureur Général Adjoint, Lisbonne
ROMANIA/ ROUMANIE
Ms Gabriela SCUTEA, Deputy of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, Bucharest
Mr. Alexandru CHEREJI, Chief Prosecutor of the Section of Human Resources and Documentation within the Prosecutor’s Office attached to Romania’s High Court of Cassation and Justice, Bucharest
RUSSIAN FEDERATION / FEDERATION DE RUSSIE
Mr Alexander ZVYAGINTSEV, Deputy Prosecutor General, Office of the Prosecutor General, Moscow
Mr Sergey KUDENEYEV, Head of the Department for Supervision over Legality of Execution of Criminal Punishment, Office of the Prosecutor General, Moscow
Mr Vladimir P. ZIMIN, First Deputy Chief, General Department of International Legal Cooperation, Office of the Prosecutor General, Moscow
Mr Andrey BELLEVICH, Deputy Head of the General Department for Participation of Public Prosecutors in Considersation of Criminal Cases in Courts, Office of the Prosecutor General, Moscow
Ms Olga TOUMBROUKAKI, interpreter
Ms Ekaterina PRIZ, interpreter
SERBIA / SERBIE
Mr Djordje OSTOJIC, Deputy Prosecutor General, Office of the Prosecutor General, Belgrade - Apologised/ Excusé
SLOVAKIA/ SLOVAQUIE
Ms Katarína LAIFEROVA, Head of the Office of the Prosecutor General, Bratislava – Apologised / Excusée
SLOVENIA/ SLOVENIE
Mr Mirko VRTAČNIK, Supreme State Prosecutor Councillor, Deputy State Prosecutor General, Ljubljana
SPAIN/ ESPAGNE
Mr Antonio VERCHER NOGUERA, Deputy Attorney General for environmental matters, Madrid - Apologised / Excusé
SWEDEN / SUEDE
Ms Annette von SYDOW Chief Public Prosecutor, International Unit, Office of the Prosecutor General, Stockholm
SWITZERLAND/ SUISSE
Mr Dr Erwin BEYELER, Procureur Fédéral, Bern - Apologised / Excusé
"THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" / "L'EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE "
Mr Jovan ILIEVSKI, Head of the Department for Prosecuting Organised Crime and Corruption, Public Prosecutor’s Office, Skopje - Apologised / Excusé
TURKEY / TURQUIE
Mr Ahmet TASYURT, Public Prosecutor, Court of Cassation, Gankaya Ankara
UKRAINE / UKRAINE
Mr Vitaliy KASKO, Head of International Law Department, Prosecutor General’s Office, Kiev - Apologised / Excusé
Ms Olga LYTVYNCHUK, Head of International Cooperation Unit, Prosecutor General’s Office, Kiev - Apologised / Excusé
UNITED KINGDOM / ROYAUME-UNI
Ms Pamela GREENE ATCHISON, Senior Assistant Director, Belfast Chambers, Belfast
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OBSERVERS / OBSERVATEURS
EUROPEAN COMMITTEE ON CRIME PROBLEMS / COMITÉ EUROPÉEN POUR LES PROBLÈMES CRIMINELS
Mr Jesper HJORTENBERG, Deputy Director of Public Prosecution, Copenhagen
EUROPEAN COMMITTEE ON LEGAL COOPERATION (CDCJ) / COMITE EUROPEEN DE COOPERATION JURIDIQUE (CDCJ)
Eberhard DESCH, Head of Division of International Law, Federal Ministry of Justice, Berlin
MOUVEMENT EUROPEEN POUR LA DEMOCRATIE ET LES LIBERTS (MEDEL)
M. Antonio CLUNY, Procureur Général Adjoint auprès de la Cour des Comptes, LISBONNE, PORTUGAL
EUROPEAN JUDICIAL NETWORK(EJN) / RESEAU JUDICIAIRE EUROPEEN
Ms Fatima Adelia PIRES MARTINS, Secretary General, The Hague - Apologised / Excusé
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COUNCIL OF EUROPE’S SECRETARIAT / SECRETARIAT DU CONSEIL DE L’EUROPE
(CCPE E-mail : [email protected])
Directorate General of Human Rights and Legal Affairs / Justice Division
Direction générale des droits de l’Homme et des affaires juridiques / Division de la Justice
M. Philippe BOILLAT, Director General / Directeur Général
Stéphane LEYENBERGER, Acting Head of Division / Chef de Division a.i
Tel: + 33 (0)3 88 41 34 12, Fax : +33 (0) 88 41 37 43, E-mail : [email protected]
Mme Muriel DECOT, Secretary to the CCPE / Secrétaire du CCPE
Tel : + 33 (0)3 90 21 44 55, Fax : +33 (0) 88 41 37 43, E-mail : [email protected]
Emily WALKER, Assistant / Assistante
Tel. +33 (0)3 90 21 48 39, Fax: +33 (0)3 90 21 56 48, E-mail: [email protected]