28/04/2010 Session
At the end of a joint debate on sea piracy encompassing both political and legal aspects of the subject, PACE called on member states to "modernise and develop a common domestic legal framework in order to criminalise the act of piracy wherever it takes place, […] or introduce appropriate legislation where it does not exist". It also encourages them to “consider creating […] a special mechanism (international or with international participation) for the prosecution of persons suspected of piracy”.
As regards prosecution, on the basis of the proposals of Birgen Keles (Turkey, SOC), the Assembly asks member states to ensure that suspected pirates are treated in a way which complies fully with the European Convention on Human Rights during or after their transfer to a third country, in particular as regards "detention conditions, availability of a fair trial, absence of torture or capital punishment".
According to the adopted text, military deterrence cannot provide a long-term solution, and the Assembly thus recommends the elaboration of a comprehensive counter-piracy framework, with a view to tackling its deep-rooted causes, particularly poverty, conflict, instability and the absence of the rule of law, as is the case in Somalia, the main hotspot.
In a second text also adopted today, based on a report by Serhiy Holovaty (Ukraine, ALDE), the Assembly recommends that the Committee of Ministers "conduct an in-depth study on member states’ practice in dealing with suspected pirates and the state of national criminal law concerning the repression and prosecution of acts of piracy". It also proposes the preparation of "a code of conduct on how to deal with suspected pirates in full compliance with international human rights standards" and "the conclusion of international agreements clearly specifying state responsibility for the prosecution of pirates". The Assembly further recommends to “enhance co-operation in combating sea piracy with other international organisations, including the United Nations, the African Union, NATO and the European Union".