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Defence of democracy against terrorism in Europe

Recommendation 982 (1984)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 8 and 9 May 1984 (3rd, 4th and 5th Sittings) (see Doc. 5187, report of the Political Affairs Committee, and Doc. 5199, opinion of the Legal Affairs Committee). Text adopted by the Assembly on 9 May 1984 (5th Sitting).
Thesaurus

The Assembly,

1. Having taken note of the report on the defence of democracy against terrorism in Europe, presented by its Political Affairs Committee (Doc. 5187) ;
2. Recalling its earlier pronouncements on the matter, in particular Recommendation 941 (1982) ;
3. Recalling that it condemns terrorism essentially for its totalitarian character, and because it violates human rights and threatens democracy, and stressing that those defending democracy can never resort to the contradiction of using methods which are antidemocratic or themselves violate human rights, since the fight against terrorism cannot justify the establishment of regimes- or the adoption of measures- of a fascist nature, which are as hateful as terrorism itself and for the same reasons ;
4. Deeply concerned at the scale of the terrorist assault against democratic values and institutions and human rights in member countries ;
5. Outraged by the succession of massacres and murders by terrorist organisations in several member countries ;
6. Indignant at the terrorist acts recently perpetrated by the agents of certain states abusing diplomatic immunity with shameful impunity ;
7. Convinced that the Council of Europe can and must, in view of the principles embodied in its Statute and its experience and aims, play a cardinal role in the establishment of a genuine European juridical area ;
8. Noting that two member states of the Council of Europe have not signed the European Convention on the Suppression of Terrorism, and that five of the signatory states have not yet ratified it ;
9. Noting that in some member countries there are legal, legislative or constitutional obstacles to the ratification of the convention ;
10. Having studied with interest the Spanish Government's suggestion that a conference of heads of state or government be convened to consider the problems posed by international anti-terrorist co-operation ;
11. Noting with satisfaction that the final communique of the CSCE meeting in Madrid contained a formal undertaking by the participating states to condemn and prevent all forms of international terrorism ;
12. Concerned, however, at the ease with which international terrorists and their weapons and financial resources cross the frontiers of member countries, and at the numerous signs of further collusion in non-member countries ;
13. Emphasising the fundamental importance of culture and education in maintaining a broad popular consensus, which is a prerequisite for combating terrorism by ensuring public confidence in democratic institutions ;
14. Aware that the press and the mass media have a moral duty to avoid unconsciously serving the aims of terrorist subversion ;
15. Welcoming the opening of the Convention on the Compensation of Victims of Violent Crimes for ratification, but disappointed that so few member states have become parties to a number of the Council of Europe's highly important legal instruments in the field of penal law and criminology,
16. Recommends that the Committee of Ministers :
16.1 ask the governments of the member states to support the Spanish proposal that a conference of heads of state or government be convened to examine the problems posed by international anti-terrorist co-operation ;
16.2 invite the governments of member states, insofar as they have not yet done so, to sign and ratify the following Council of Europe instruments :
European Convention on Extradition and its additional protocols,
European Convention on Mutual Assistance in Criminal Matters and its additional protocols,
European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders,
European Convention on the International Validity of Criminal Judgments,
European Convention on the Control of the Acquisition and Possession of Firearms by Individuals,
Convention on the Transfer of Sentenced Persons ;
16.3 speedily conduct a political examination of the prospects for ratification of the European Convention on the Suppression of Terrorism and, if it proves negative, undertake a search for alternative legal solutions with a view to devising machinery common to all member states in international anti-terrorist co-operation ;
16.4 hold informal consultations and talks with government officials in charge of the suppression of terrorism in order to stimulate co-ordination of national policies in the matter and encourage co-operation between the judiciary, the police and the intelligence services of the member states ;
16.5 ensure that the booklet commissioned by the Secretary General for the information of the general public on human rights in a democratic society specifically and exhaustively discusses problems associated with terrorist violence ;
16.6 while having full respect for the freedom of the press, invite representative professional organisations to work out a code of ethics for the media in order to define their role and responsibilities in the defence of democracy, particularly against terrorism.