Assembly
debate on 12 October 2022 (31st sitting) (see Doc. 15592, report of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Ms Stephanie Krisper). Text adopted by the Assembly on
12 October 2022 (31st sitting).
1. The Parliamentary Assembly refers
to its Resolution 2461
(2022) “Safe third countries for asylum seekers” and
emphasises the need for greater co-ordination among Council of Europe
member States in order to effectively protect the human rights of
asylum seekers and the right to asylum in Europe.
2. Welcoming Recommendation No. R (97) 22 of the Committee of
Ministers of the Council of Europe to member States containing guidelines
on the application of the safe third country concept, the Assembly recommends
that the Committee of Ministers:
2.1 review
this Recommendation in the light of relevant jurisprudence of the
European Court of Human Rights, develop new standards to enable
member States to improve their assessment of the safety of third
countries and regularly update them in accordance with future legal
developments and jurisprudence;
2.2 consider setting standards on the transfer, return and
readmission of asylum seekers and refugees, taking due account of
the effective protection of their human rights under the European Convention
on Human Rights (ETS No. 5) and their right to apply for asylum
under international refugee law;
2.3 seek co-operation of the Council of Europe and its member
States with the European Union Agency for Asylum, in order to prevent
discrepancies in the application of the safe third country concept in
Europe to the detriment of human rights and the right to apply for
asylum;
2.4 invite member States to inform the Committee of Ministers
about their practice regarding the safe third country concept as
well as their practice as regards procedural means available to
rebut the presumption of safety of a country.
