II. Committee on Legal Affairs and Human Rights

Transcription

1 II. Committee on Legal Affairs and Human Rights Threats to the Rule of Law in Council of Europe member States: asserting the Parliamentary Assembly s authority The rule of law in Council of Europe member states: upholding the authority of the Parliamentary Assembly s recommendations Number BECK, Marieluise Germany Alliance of Liberals and Democrats for Europe Appointed on 16/09/2010 Committee for opinion Committee on Rules of Procedure, Immunities and Institutional Affairs KOX, Tiny Netherlands Group of the Unified European Left Appointed on 11/01/2011 Number 3684 Date 21/06/2010 Extended on 31/05/2013 Valid until 30/06/2014 On 08/03/2011, the committee considered an introductory memorandum and authorised the rapporteur to carry out fact-finding visits to France, Germany and the Russian Federation. On 14/04/2011, at the request of Mr Dmitry Vyatkin, discussed the interpretation on the mandate and decided to return to it at the committee s meeting in Oslo on 6-7 June At this meeting, the committee held an exchange of views and decided to clarify the title of the report as follows: Threats to the Rule of Law in Council of Europe member states: asserting the Parliamentary Assembly s authority. On 07/09/2011, in Paris, the committee held a round table hearing on the issue of the death of Sergey Magnitsky in pretrial detention. On 03/10/2011, the committee decided to declassify the information note on the case of Sergey Magnitsky presented by the rapporteur before the hearing on 7/09/2011, and authorised the rapporteur to carry out a fact-finding visit to Ukraine. On 22-24/02/2012, a fact-finding mission was carried out in Ukraine by the. On 12/03/12, the committee heard a statement by the rapporteur on her recent visit to Ukraine. On 26/04/12, the committee agreed to request the Bureau for an extension of the expiry date until 30/06/2013. On 02/10/12, the committee held an exchange of views with Ms Morshchakova, former judge at the Russian Federation s Constitutional Court. On 11/12/2012, in the context of this report and that of Mr György Frunda on Strengthening the protection and role of human rights defenders in Council of Europe states, a decision was taken to seize the Venice Commission for an opinion on two recent Russian laws: the law on Non-Commercial Organisations, adopted on 13 July 2012, requiring collaborators of NGOs receiving funding from abroad to register as foreign agents and the law on Treason and Espionage of 23 October 2012, widening the scope of the criminal provisions on treason. On 19/03/2013, the committee heard a statement by the rapporteur regarding her report and invited the Russian delegation to co-operate in the organisation of a fact-finding visit to Russia. On 23/04/13 agreed to request the Bureau for an extension of the reference until Accession of the European Union to the European Convention on Human Rights:election of judges Accession of the European Union to the European Convention on Human Rights: Election of judges Number AS/Inf (2013) 07 14

2 XUCLÀ, Jordi Alliance of Liberals and Democrats for Europe Appointed on 19/03/2013 Former rapporteur(s) Number 3700 Date 04/10/2010 Extended on 01/10/2012 Valid until 31/12/ /10/2010 (HOLOVATY, Serhiy, Ukraine, Alliance of Liberals and Democrats for Europe) On 27/06/2012 the committee decided to request the Bureau for an extension of the reference until 31 December On 01/10/12 the Bureau granted this extension. National security and access to information National security and access to information Number DÍAZ TEJERA, Arcadio Appointed on 06/06/2011 Committee for opinion Committee on Culture, Science, Education and Media FRANKEN, Hans Netherlands Appointed on 22/06/2011 Number 3762 Date 15/04/2011 Extended on 21/01/2013 Valid until 30/06/ /06/ Fourth part-session On , the committee authorised the rapporteur to attend a conference on Security and Right to Information in Copenhagen at the end of September On 27/06/2012 the committee agreed to hold a hearing at a future meeting, subject to the availability of funds. On 06/09/12 the committee considered an introductory memorandum. On 04/10/12, the committee heard a report by the rapporteur on his participation in the conference in Copenhagen on 20-21/09/2012. On 12/11/2012 the committee agreed to seize the Venice Commission for an update of the latter s 2007 opinion on democratic oversight of secret services for the purpose of this report. On 11/12/2012 the committee held a hearing with three experts and agreed to ask the Bureau for an extension of the deadline of this reference until 30 June 2013 in order to incorporate new information to be provided by the Venice Commission. On 28/05/2013 the committee agreed to the request by Mr Diaz Tejera to participate in a conference organised by the Mexican Federal Institute of Access to Information and the Protection of Data in Mexico City, on 4 July AS/Inf (2013) 07

3 The protection of minors against sectarian influence The protection of minors against sectarian influence Number SALLES, Rudy France Appointed on 07/09/2011 Committee for opinion Committee on Social Affairs, Health and Sustainable Development VOLONTÈ, Luca Italy Appointed on 26/01/2012 Number 3776 Date 20/06/2011 Extended on 22/04/2013 Valid until 31/12/2013 On 26/06/2012 the committee agreed to hold a hearing at its meeting on 6 September On 06/09/12 the committee considered an introductory memorandum and held a hearing with the participation of three experts. On 04/10/12 the committee authorised two fact-finding visits, one to Germany and one to Sweden, subject to the availability of funds. On 12/12/2012 the rapporteur carried out a fact-finding visit to Stockholm, Sweden. On 21/01/2013 the committee granted authorisation to use the European Centre for Parliamentary Research and Documentation (ECPRD) in order to gather more data on the extent of the phenomenon of sects and the state of legislation in the field of the protection of minors against sectarian excesses in Council of Europe member States. On 19/03/2013 the committee agreed to ask the Bureau for an extension of the reference until 31/12/2013. On 07/06/2013 the rapporteur undertook a fact-finding mission to Berlin Second part-session Strengthening the institution of Ombudsman in Europe Strengthening the institution of Ombudsman in Europe Number XUCLÀ, Jordi Alliance of Liberals and Democrats for Europe Appointed on 04/10/2011 Number 3787 Date 24/06/2011 Valid until 24/06/2013 On 5/10/2011 the committee agreed to the rapporteur s participation in a seminar on The Defense of Rights and Good Practices in Private Management of Public Services. The Role of Ombudsmen, on November 2011 in Barcelona,. On 21/05/2012 the committee agreed to the rapporteur s request to organise an exchange of views with the European Ombudsman during its June 2012 meeting. On 25/06/2012 the committee considered an introductory memoranudm, held an exchange of views with Mr Nikiforos Diamandouros, European Ombudsman, and authorised two fact-finding visits of the rapporteur to Denmark and Turkey, subject to the availability of funds. On 17/12/2012 the rapporteur undertook a fact-finding visit to Copenhagen (Denmark). On 03-04/04/13 the rapporteur undertook a fact-finding visit to Ankara (Turkey). AS/Inf (2013) 07 16

4 27/05/ Fourth part-session The participation of non-member States in Council of Europe conventions The accession of non-member States to Council of Europe conventions Number HUSEYNOV, Rafael Azerbaijan Alliance of Liberals and Democrats for Europe Appointed on 16/11/2011 Number 3793 Date 03/10/2011 Valid until 03/10/2013 On 24/04/2012, the committee considered an introductory memorandum and agreed to change the title of the report to The participation on non-member states in Council of Europe conventions and authorised a hearing with experts at a forthcoming meeting. On 06/09/2012 the committee agreed to hold a hearing on this subject at a future meeting, subject to the availability of funds. On 11/12/2012 the committee held a hearing with two experts. 23/04/ November Standing Committee Access to nationality and the effective implementation of the European Convention on Nationality The European Convention on Nationality: application and solution proposals Number CILEVIČS, Boriss Latvia Appointed on 12/11/2012 Former rapporteur(s) Number 3805 Date 03/10/2011 Valid until 03/10/ /11/2011 (PAPADIMITRIOU, Elsa, Greece, ) On 06/09/2012, the committee agreed to hold a hearing on the subject of Access to nationality at a future meeting, subject to the availability of funds. On 12/11/2012, the committee considered an introductory memorandum and held a hearing on the subject of Access to nationality with three experts. The committee also decided to merge this report with the report on The European Convention on Nationality: application and solution proposals ( also Mr Cilevičs). On 11/12/2012, following the decision to merge the two references on the European Convention on Nationality and Access to Nationality, the committee decided that the new title for the joint report should be Access to nationality and the effective implementation of the European Convention on Nationality. On 21/01/2013 the committee authorised the rapporteur to hold an exchange of views with an expert at the committee s meeting on 19 March 2013 in Paris. On 19/03/2013 the committee held an exchange of views with an expert First part-session 17 AS/Inf (2013) 07

5 Revision of the European Convention on transfrontier television Revision of the European Convention on transfrontier television Number CLAPPISON, James United Kingdom European Democrat Group Appointed on 13/12/2011 Committee for opinion Committee on Culture, Science, Education and Media GALE, Roger United Kingdom European Democrat Group Appointed on 06/12/2011 Number 3820 Date 25/11/2011 Extended on 24/06/2013 Valid until 31/12/2013 On 24/01/2012, the committee decided to hold a hearing in May 2012 and authorised the rapporteur to undertake a fact-finding mission to Brussels. On 25/03/2013 the rapporteur undertook a fact-finding mission to Brussels. On 25/04/2013 the committee agreed to hold an exchange of views on the relationship with the European Union regarding this subject and to invite the Secretary General to it during the third part-session. On 28/05/2013 agreed to request the Bureau for an extension of the reference of this report until 31 December 2013 and to the participation of the rapporteur in a seminar on this subject organised by the Austrian government on 15 November 2013 in Vienna, subject to the availability of funds; On 27/06/2013: examined a revised introductory memorandum and held an exchange of views as to the relationship with the European Union regarding the revision of the Convention on transfrontier television with Mr Jan Kleijssen, Director of the Information Society and Action Against Crime Directorate (DGI), Council of Europe. Agreed to invite two experts for an exchange of views to the September meeting, subject to the availability of funds First part-session Accountability of international organisations for human rights violations Accountability of international institutions for human rights violations Number BENEYTO, José María Appointed on 24/04/2012 Number 3837 Date 09/03/2012 Valid until 09/03/2014 On 19/03/2013, the committee authorised the invitation of experts to the meeting in Izmir for a hearing on May On 27/05/2013, the committee discussed an introductory memorandum which the committee, subsequently agreed to declassify and held a hearing with the participation of three experts. The committee also decided to replace the word institutions by the word organisations in the title of the report. AS/Inf (2013) 07 18

6 First part-session The European Convention on Human Rights: reinforcement and consolidation of the training of judges, law enforcement officials and lawyers The European Convention on Human Rights: reinforcement and consolidation of the training of judges, law enforcement officials and lawyers Number MICHEL, Jean-Pierre France Appointed on 24/04/2012 Number 3838 Date 09/03/2012 Valid until 09/03/2014 On 25/06/2013 considered an introductory memorandum, agreed to declassify this memorandum and agreed to invite four experts to a hearing on this topic at the September meeting, subject to the availability of funds. Abuse of pre-trial detention in States Parties to the European Convention on Human Rights Abuse of pre-trial detention in States Parties to the European Convention on Human Rights Number AGRAMUNT, Pedro Appointed on 24/04/2012 Number 3839 Date 09/03/2012 Valid until 09/03/2014 On 01/10/12 the committee considered an introductory memorandum and held an exchange of views; authorised a hearing on the subject with legal experts; authorised fact-finding visits to the Russian Federation, Turkey and Ukraine, subject to the availability of funds Second part-session The implementation of judgments of the European Court of Human Rights Resolution Implementation of judgments of the European Court of Human Rights VRIES, Klaas de Netherlands Appointed on 26/04/ AS/Inf (2013) 07

7 mandate Number 3847 Date 09/03/2012 Valid until 09/03/2014 Res 1268 (2002) (Committee instructed to update the record of the execution of judgments and to report to the Assembly when it considers appropriate): Doc , 3048 of 24/01/2005; Res 1516 (2006) ; Res 1787 (2011) The committee has so far submitted seven reports: one general report (Doc. 8808) and four specific ones on the implementation of Court decisions (Docs. 9307, 10351, 11020, addendum, including two reports on Turkey (Docs 9537 and 10192)). On 24/01/2012, the committee appointed Mr de Vries as the new rapporteur following the departure of Mr Pourgourides from the Assembly. On 26/01/2012, in the context of this report and that of the rapporteurship of Mr Kivalov on Ensuring the viability of the Strasbourg Court: Structural deficiencies in States Parties, the committee agreed to hold hearings during the 2012 April part-session with the heads of the Bulgarian, Italian and Ukrainian delegations, with similar hearings to be scheduled with heads of other delegations in June and in October On 24/04/2012 the committee held a hearing with respect to Italy. On 26/04/2012 the committee held a hearing with respect to Ukraine. On 26/06/2012, the committee held a hearing with respect to Bulgaria. On 28/06/2012 the committee held a hearing with respect to the Russian Federation. On 02/10/2012 the committee held a hearing with respect to Poland and a hearing with respect to the Republic of Moldova. On 04/10/2012 the committee held a hearing with respect to Romania. On 22/01/2013 the committee held a hearing with respect to Greece and a hearing with respect to Turkey. On 23/01/2013 the committee held a hearing with respect to the United Kingdom. On 19/03/2013 the committee agreed to the request of the to declassify minutes pertaining to the four sets of hearings held in committee in the past year. On 28/05/2013, the committee considered a progress report and addendum presented by the rapporteur, approved the new criterion for the selection of States that the rapporteur will include in the scope of the report, agreed the rapporteur would visit four or five of these States (to be determined at a later date, on the basis of observations he is to receive by the end of August 2013 from States referred to in the progress report s addendum), and agreed to declassify the progress report and its addendum. Witness protection as an indispensable tool in the fight against organised crime and terrorism in Europe Witness protection as an indispensable tool in the fight against organised crime and terrorism in Europe Number DÍAZ TEJERA, Arcadio Appointed on 19/03/2013 Former rapporteur(s) Number 3850 Date 23/04/2012 Valid until 23/04/ /05/2012 (GARDETTO, Jean-Charles, Monaco, Group of the European People's Party) AS/Inf (2013) 07 20

8 The effectiveness of the European Convention on Human Rights: the Brighton declaration and beyond Bureau decision The future of the European Court of Human Rights and the Brighton Declaration Date 27/04/2012 POZZO DI BORGO, Yves France Appointed on 21/05/2012 Number 3864 Date 27/04/2012 Valid until 27/04/2014 On 11/12/2012 the committee considered a background memorandum prepared by the secretariat upon the rapporteur s instructions and agreed to change the title from The future of the European Court of Human Rights and the Brighton Declaration to The effectiveness of the European Convention on Human Rights: the Brighton Declaration and beyond. On 19/03/2013 the committee authorised the invitation of experts to an exchange of views at the meeting in Izmir on May On 28/05/2013, held an exchange of views with the participation of two experts. Promoting the human rights of prisoners in Council of Europe member States Promoting the human rights of prisoners in Council of Europe member States Number VITALI, Luigi Italy Appointed on 06/09/2012 Number 3870 Date 25/06/2012 Valid until 25/06/2014 On 11/12/2012 the committee authorised Mr Vitali to circulate a questionnaire concerning his mandate. Need to reinforce the independence of the European Court of Human Rights Need to reinforce the independence of the European Court of Human Rights Number CILEVIČS, Boriss Latvia Appointed on 11/12/2012 Number 3880 Date 30/11/ AS/Inf (2013) 07

9 Modified on 30/11/2012 Valid until 30/11/2014 Strengthening the protection and role of human rights defenders in Council of Europe member States Resolution Strengthening the protection and role of human rights defenders in Council of Europe member States Date 29/06/2012 REPS, Mailis Estonia Alliance of Liberals and Democrats for Europe Appointed on 19/03/2013 Former rapporteur(s) Number 3885 Date 29/06/2012 Valid until 29/06/ /09/2012 (FRUNDA, György, Romania, ) On 11/12/2012, in the context of this report and that of Ms Marieluise Beck on Threats to the Rule of Law in Council of Europe member States: asserting the Parliamentary Assembly s authority a decision was taken to seize the Venice Commission for an opinion on two recent Russian laws: the law on Non-Commercial Organisations, adopted on 13 July 2012, requiring collaborators of NGOs receiving funding from abroad to register as foreign agents and the law on Treason and Espionage of 23 October 2012, widening the scope of the criminal provisions on treason. On 23/04/2013 the committee authorised the rapporteur to participate in the Roundtable on Human Rights Defenders (organised by the Office of the Commissioner for Human Rights) in Kyiv (30-31 May 2013), subject to the availability of funds. On 28/05/2013 agreed to the joint request of the rapporteurs on this subject and on Human Rights in the North Caucasus: what follow-up Resolution 1738 (2010)? (rapporteur: Mr Michael McNamara, Ireland, SOC), to hold an exchange of views with three lawyers from the North Caucasus region during the June 2013 part-session. On 25/06/2013 in the context of this report and the report on Human Rights in the North Caucasus: what follow-up Resolution 1738 (2010)?: the committee held an exchange of views with three lawyers from the North Caucasus: European institutions and human rights in Europe Current affairs debate European institutions and human rights in Europe Date 29/06/2012 McNAMARA, Michael Ireland Appointed on 06/09/2012 Number 3886 Date 29/06/2012 Valid until 29/06/2014 AS/Inf (2013) 07 22

10 On 21/01/2013 the committee considered an introductory memorandum and agreed with the rapporteur s proposal to hold a hearing on the subject at a future meeting and to carry out a fact-finding mission to Brussels and one to Luxembourg and/ or Frankurt am Main (subject to the availability of funds). Administrative detention Administrative detention Number CONDE, Agustín Appointed on 25/04/2013 Former rapporteur(s) Number 3900 Date 01/10/2012 Valid until 01/10/ /12/2012 (JAKIČ, Roman, Slovenia, Alliance of Liberals and Democrats for Europe) Refusing impunity for the killers of Sergei Magnitsky Refusing impunity for the killers of Sergei Magnitsky Number GROSS, Andreas Switzerland Appointed on 12/11/2012 Number 3907 Date 05/10/2012 Valid until 05/10/2014 On 8/01/2013 in Bern, Switzerland, the met with the Swiss Prosecutor General and Deputy Prosecutor General (authorised by Chairman's action). On 21/01/2013 the committee considered an introductory memorandum and authorised the rapporteur to carry out fact-finding visits to Moscow, London, Bern and Cyprus and authorised him to protect the sources of information for this report, as need be. On 13-16/02/13, the rapporteur undertook a fact-finding mission to Moscow. On 25-27/03/13, the rapporteur undertook a fact-finding mission to London. On 23/04/2013, the committee heard a statement by the rapporteur on his fact-finding visits to Moscow and London. On 29-30/04/13, the rapporteur undertook a fact-finding mission to Cyprus. On 25/06/2013 held a general discussion on a draft report and decided to return to the matter at the committee s next meeting on 4 September 2013 for the adoption of the draft resolution; invited all sides to submit further information in writing by the end of July Agreed to declassify the draft report First part-session 23 AS/Inf (2013) 07

11 Measures to prevent abusive use of the Convention on the Transfer of Sentenced Persons (ETS no. 112) FARINA, Renato Italy Appointed on 12/11/2012 Number 3914 Date 05/10/2012 Valid until 05/10/2014 Current affairs debate Measures to prevent abusive use of the Convention on the Transfer of Sentenced Persons (ETS no. 112) On 11/12/2013 the committee held an exchange of views with Ms Anita van de Kar- Bachelet, Secretary to the Council of Europe s Committee of experts on the operation of European conventions on co-operation in criminal matters (PC-OC), and decided to designate a representative of the committee to take part in the November 2013 meeting of the PC-OC when this subject is on the agenda as Chairman s action, subject to availability of funds. On 25/06/2013, the committee considered an introductory memorandum and noted that a new rapporteur would need to be appointed following the departure of Mr Farina from the Assembly. Human rights in the North Caucasus: what follow-up to Resolution 1738 (2010)? Human rights in the North Caucasus: what follow-up to Resolution 1738 (2010)? Number McNAMARA, Michael Ireland Appointed on 19/03/2013 Number 3928 Date 21/01/2013 Valid until 21/01/2015 On 28/05/2013 agreed to the joint request of the rapporteurs on this subject and on Strengthening the protection and role of human rights defenders in Council of Europe member States (: Ms Mailis Reps, Estonia, ALDE) to hold an exchange of views with three lawyers from the North Caucasus region during the June part-session. On 25/06/2013 the committee considered an introductory memorandum and then in the context of this report and of the report on Strengthening the protection and role of human rights defenders in Council of Europe member States held an exchange of views with three lawyers from the North Caucasus. Urgent need to deal with new failures to co-operate with the European Court of Human Rights Urgent need to deal with new failures to co-operate with the European Court of Human Rights Number AS/Inf (2013) 07 24

12 SASI, Kimmo Finland Appointed on 25/06/2013 Number 3961 Date 31/05/2013 Valid until 31/05/2015 Drones and targeted killings: the need to uphold human rights Number To be appointed Number 3971 Date 24/06/2013 Valid until 24/06/ AS/Inf (2013) 07