in the title, before the word “convention”, to add the words “Council of Europe” ;
in the preamble, sub-paragraph 5 (“Recalling the need…”), to replace the current wording with the following: “Reaffirming that it is absolutely necessary for all measures taken in the fight against terrorism to respect human rights, the rule of law and, where applicable, international humanitarian law”;
in the preamble, after sub-paragraph 4, to add a new sub-paragraph as follows: “Reaffirming that acts of terrorism, whoever they are perpetrated by, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature, and recalling the obligation of States Parties to prevent such acts and, if not prevented, to prosecute and ensure the punishment of offenders through penalties which take into account their grave nature”;
in Article 1 (“Terminology”), paragraph 1, to delete the words “within the scope of and as defined in one of the treaties” and, at the end, to add the words “, when the purpose of the act which constitutes the principal offence, by its nature or context, is to intimidate a population or to compel a government or an international organisation to do or to abstain from doing any act”;
In Article 2 (“Purpose”), at the end, to add the following words: “and full respect for human rights and the rule of law”;
in Article 3 (“National prevention policies”), at the end of paragraph 1, to add the following words: “and international humanitarian law”;
in Article 4 (“Public provocation to commit an act of terrorism”), paragraph 1, to replace the provision on indirect incitement (from the words “including where the message” until the end) with a formulation ensuring greater legal certainty and guaranteeing full and effective respect for human rights, in particular the freedom of expression;
if amendment vii above is not adopted, in Article 4, paragraph 1, to delete the words from “including where the message” to the end of the paragraph;
in Article 4, paragraph 2, after the words “provided that the provocation”, to add the words “incites violence and”, and after the words “imminent danger” delete the words “or likelihood”;
in the final explanatory report’s comments on Articles 4 to 7, to stress that all measures taken in relation to the offences must comply with the conditions and safeguards contained in Article 9, and in particular to respect fully Article 10 or 11 of the European Convention on Human Rights, as appropriate;
to delete Article 6bis (“Non-reporting”);
if amendment xi above is not adopted, in Article 6bis, to delete paragraphs 1 and 2;
in Article 7 (“Ancillary offences”), paragraph 1, to add the word “knowingly” at the beginning of sub-paragraphs a and b;
in Article 7bis (“Non-application of the Convention”), to replace the words: “This Convention shall not apply where any of the offences established in accordance with Articles 4-7” with the words “Without prejudice to the obligation to establish the offences listed in Articles 4-7 in compliance with the conditions and safeguards contained in Article 9, Articles 15 and 16 shall not apply where any of such offences”;
in Article 8 (“Sanctions and measures”), at the end of paragraph 1, to add the words “which shall in no circumstances include the death penalty”;
in Article 8, at the end of paragraph 2, to add the sentence: “Such convictions shall not be taken into account where it emerges that they result from a flagrant denial of justice”;
to delete Article 8bis (“Confiscation”);
in Article 9 (“Conditions and safeguards”), paragraph 1, to replace the words “the establishment, implementation and application of the criminalisation under Articles 4-7 of” with the words “all measures taken further to”;
in Article 9, paragraph 1, after the words “freedom of expression” to add the words “notably the legitimate exercise of freedom of political speech,”;
in Article 9, paragraph 1, to delete the word “and” before the words “freedom of religion”, and after those words, to add the words “the right to liberty and security, the right to a fair trial and the prohibition of torture and inhuman or degrading treatment or punishment” (followed by a comma);
in Article 9, paragraph 2, to replace the words “should furthermore be subject to” with the words “shall comply with”, and replace the second instance of the word “should” with the word “shall”;
to delete Article 11 (“Prevention of justification”);
to delete Article 11bis (“Non-abuse of refugee status”);
in the final explanatory report’s comments on Article 13, to stress that all measures taken further to this article must comply with the conditions and safeguards contained in Article 9, in particular the provisions of Article 5 of the European Convention on Human Rights;
to delete Article 18 (“Exclusion of the political exception clause”);
to replace Article 18bis (“Discrimination clause”) with the following:
“Article 18bis – Grounds for r0efusing extradition or mutual legal assistance
1. States Parties shall refuse to comply with requests for extradition or mutual legal assistance made in relation to the offences set forth in Articles 4 to 7 where there are substantial grounds for believing that the request :
2. States Parties shall refuse to comply with requests for extradition made in relation to the offences set forth in Articles 4 to 7 where there are substantial grounds for believing that complying with the request would result in the person concerned facing a real risk of :
xxvii. in Article 19 (“Spontaneous information”), after paragraph 3, to add a new paragraph as follows: “Any information for which there are substantial grounds for believing that it has been obtained as a result of torture or inhuman or degrading treatment or punishment shall not be used as evidence in any proceedings” ;
xxviii. in Article 31 (“Follow-up”), paragraph 1, at the end of sub-paragraph a, to add the following: “and shall make a specific assessment of the impact of the convention on human rights in the States Parties” ;
xxix. revise the annex so as to include an exhaustive list of the treaty articles containing the intended “principal offences”.
4. The Assembly notes with satisfaction that after its repeated calls to strengthen the legal basis of combating terrorism, practical work has been launched. It notes, however, that the draft is far from being a comprehensive anti-terrorism convention, elaboration of which has been demanded by the Assembly on several occasions. Therefore, it expects that the Committee of Ministers will return to the issue of a comprehensive convention in the near future. The Assembly would particularly like to note the lack of a legal definition of terrorism. It therefore calls upon the Committee of Ministers and upon member states to consider whether it is not desirable for such a definition to be elaborated within the Council of Europe, and to exercise all possible support to relevant activities of the United Nations.