Appendix 2 – Opinion of the Committee of
Experts on Terrorism (CODEXTER)
1. On 6 February
2008, the Ministers’ Deputies communicated Assembly
Recommendation 1824 (2008) to the Committee of Experts on Terrorism (CODEXTER),
for information and possible comments by 15 April 2008. The Ministers’
Deputies also communicated this recommendation to the Committee
of Legal Advisers on Public International Law (CAHDI) and the Steering
Committee for Human Rights (CDDH).
2. The CODEXTER examined the above-mentioned recommendation at
its 14th meeting (Strasbourg, 7-9 April 2008), having in mind the
opinions and comments already provided by the CAHDI and the CDDH,
and adopted the following comments.
3. From the outset, the CODEXTER underlines that the targeted
sanctions regime has been established by the United Nations (UN)
Security Council on the basis of the relevant provisions of the
UN Charter, which forms the international legal framework for the
adoption and legal effect of the sanctions, and brings – as an important
and unique global tool – a considerable added value to the international
fight against terrorism. It must be preserved and consolidated in
accordance with the above-mentioned relevant provisions of the Charter,
notably its Article 25 and Chapter VII, notwithstanding the need
for consideration of further improvements aiming at strengthening
the credibility as well as the effectiveness of the targeted sanctions regime.
4. At the same time, the CODEXTER stresses the need to maintain
and strengthen the principles of human rights and the rule of law,
which are necessary to protect the rights of the listed individuals,
while applying the targeted sanctions regime. In this respect, the
CODEXTER welcomes a number of significant improvements which have
already been introduced through the adoption of the UN Security
Council
Resolutions 1730
(2006) and 1735 (2006). The CODEXTER also emphasises the importance
of implementing and considering further procedural improvements
to the targeted sanctions regime, including with regard to fair
and transparent procedures for placing individuals and entities
on the lists, for removing them and for granting humanitarian exemptions.
5. The CODEXTER welcomes the Council of Europe’s constant co-operation
with the Security Council Committee established pursuant to
Resolution 1267 (1999) concerning al-Qaeda and the Taliban and associated individuals
and entities. The CODEXTER closely follows developments in this
field, including ongoing cases concerning the European Union’s implementation
of sanctions under the
Resolution
1267 (1999) regime
Note.
6. Furthermore, the CODEXTER would like to recall that, as a
regional organisation, the Council of Europe is committed to facilitating
the implementation of UN Security Council resolutions, namely
Resolutions 1267 (1999), 1373 (2001) and 1624 (2005), and the UN Global Counter-Terrorism
Strategy, which in paragraph 15 encourages the Security Council
committee mentioned in paragraph 5 “to continue to work to strengthen
the effectiveness of the travel ban under the United Nations sanctions
regime against al Qaeda and the Taliban and associated individuals
and entities, as well as to ensure, as a matter of priority, that
fair and transparent procedures exist for placing individuals and
entities on its lists, for removing them and for granting humanitarian exception.
In this regard [the Strategy] encourage[s] states to share information,
including by widely distributing the Interpol/United Nations special
notices concerning people subject to this sanctions regime.”
7. In this connection, the CODEXTER wishes to recall Committee
of Ministers’ Recommendation CM/Rec(2007)1 regarding co-operation
against terrorism between the Council of Europe and its member states, and
the International Criminal Police Organisation (ICPO-Interpol).
The CODEXTER assessed the implementation of this recommendation
at its meeting in October 2007 on the basis of information provided
by Interpol concerning the use by Council of Europe member states
of its tools against terrorism. On that occasion, the CODEXTER stressed
the importance of consistent use of Interpol’s tools and databases,
as stated in the operative paragraph of the recommendation, as well
as of the other tools offered by Interpol.
8. The CODEXTER wishes to stress the importance of securing effective
follow-up to the “road map” for the Council of Europe contribution
to the implementation of the UN Global Counter-Terrorism Strategy.
The road map was prepared by the ad hoc meeting of the Chairs of
relevant committees of the Council of Europe on terrorism on 25
April 2007 and transmitted to relevant intergovernmental committees
and monitoring bodies by the Committee of Ministers on 20 June 2007.
The CODEXTER periodically reviews the implementation of the “road
map” in pursuance of its co-ordinating role on terrorism.
9. The CODEXTER welcomes the entry into force on 1 May 2008 of
the Council of Europe Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime and on the Financing
of Terrorism (CETS No. 198) and underlines the importance of its
ratification as well as that of the Council of Europe Convention
on the Prevention of Terrorism and the Protocol amending the European
Convention on the Suppression of Terrorism as soon as possible.
10. The CODEXTER also underlines the importance of pursuing the
Council of Europe’s action against terrorism, by providing a co-ordination
forum for discussing and adopting regional standards and best practice, as
well as by providing assistance to its member states in improving
their counterterrorism capabilities.
