Work programme - Parliamentary Assembly of the Council of Europe
9 June 2015 AS/Jur/Inf (2015) 02 Rev 4 Committee on Legal Affairs and Human Rights Work programme1 Contents: I. Timetable of meetings and proposed order for the presentation of reports ................ 2 II. Work programme ...................................................................................................... 3 A. B. C. Reports/Opinions tabled but not yet debated ................................................ 3 Reports under preparation ............................................................................ 4 i. Human rights ................................................................................................. 4 ii. Reinforcement of the Rule of Law................................................................. 8 iii.Other matters .............................................................................................. 12 Reports on which the Committee is seized for opinion .............................. 10 III. General Rapporteurships ........................................................................................ 13 IV. Bureaus of the Committee and of the Sub-Committees ......................................... 13 V. Representation of the Committee at various events in 2014 .................................. 13 VI. Secretariat of the Committee .................................................................................. 14 Appendix: Terms of reference of the Committee and its Sub-Committees ................................. 15 This document indicates forthcoming events relevant to the committee’s work programme and is regularly up-dated. It is not restricted to events in which the committee itself necessarily takes part or is represented. Members are invited to let the Committee Secretariat know of items of particular interest. Please note that all details are subject to separate confirmation. 1 See also the “Work of the Committee on Legal Affairs and Human Rights (AS/Jur): an overview” F – 67075 Strasbourg Cedex | [email protected] | Tel: + 33 3 88 41 2000 | Fax: +33 3 88 41 2702 2 I. Timetable of meetings and proposed order for the presentation of reports in 2015 Third part-session 2015 22-26 June Strasbourg Fourth part-session 2015 28 September - Strasbourg 2 October November 2015 2 Paris (tbc) December 2015 8 Paris Improving the protection of whistleblowers Judicial corruption: urgent need to implement the Assembly’s proposals (tbc) Evaluation of the partnership for democracy in respect of the Parliament of Morocco (opinion) Situation in Hungary following the adoption of Assembly Resolution 1941 (2013) (opinion) Committee on Legal Affairs and Human Rights Committee on Legal Affairs and Human Rights ***** Priorities for 2015: • Implementation of the European Convention on Human Rights: shared responsibility • Reinforcing European human rights standards • Combatting judicial corruption 3 II. Work programme A. Reports/Opinions tabled but not yet debated 1. Improving the protection of whistleblowers Mr Pieter Omtzigt, Netherlands, EPP/CD (appointed on 06.11.2013) • Origin: Doc. 13278, Reference 3998 of 30.09.2013 • Expiry date for adoption: 30.09.2015 • Presentation to the Assembly foreseen: Third part-session 2015 • State of work: 06.11.2013: the Committee discussed the possible invitees to a hearing and decided to revert to this subject on the basis on an introductory memorandum to be presented at a forthcoming meeting. 28.01.2014: the Committee considered an introductory memorandum on this subject and on “Mass Surveillance” and agreed to change the title of the report from “Additional protocol to the European Convention on Human Rights on the protection of whistle-blowers who disclose governmental action violating international law and fundamental rights” to “Improving the protection of whistleblowers” and to organise a hearing during the April 2014 part-session with experts as proposed by the Rapporteur. The Committee agreed to declassify the introductory memorandum covering this subject and “Mass Surveillance” and authorised the Rapporteur to consult with a technical and legal expert, subject to the availability of funds. 03.03.2014: in the absence of the Rapporteur, the Committee took note of the Rapporteur’s update of the preparation of the hearings foreseen for the April 2014 part-session presented by the Chair (the hearing was subsequently postponed until the Committee’s meeting during the June 2014 partsession). 24.06.2014: the Committee held a hearing with the participation of Mr Edward Snowden (via video-link) and Ms Anna Myers from Whistleblowing International Network (WIN), and took note of the Rapporteur’s intention to request information from the German, US and UK Governments. 10.12.2014: the Committee agreed to hold an exchange of views on the subject during the 2015 January part-session with Ms Maria Bamieh, former UK prosecutor at EULEX in Kosovo, and to invite Mr. John Kiriakou, former CIA agent, to address the Committee by video. 29.02.2015: the Committee held and exchange of views with Ms Maria Bamieh, former UK Prosecutor at EULEX, and heard a statement by Mr John Kiriakou, former CIA agent, read out by Ms Jesselyn Radack, Attorney, former ethics adviser to the United States Department of Justice (by live video-link). The Committee invited the rapporteur to write to the EU High Representative for Foreign Affairs and Security Policy and to the competent United States authorities inviting them to present their views regarding issues raised by the speakers at the hearing. 18.03.2015: the Committee considered a draft report and adopted a draft resolution and a draft recommendation. 2. Judicial Corruption: urgent need to implement the Assembly’s proposals Mr Kimmo Sasi, Finland, EPP/CD (appointed on 03.03.2014) • Origin: Doc. 13355, Reference 4017 of 27.01.2014 • Expiry date for adoption: 27.01.2016 • Presentation to the Assembly foreseen: Third part-session 2015 • State of work 07.04.2014: the Committee considered an introductory memorandum and agreed to hold a hearing at its next meeting in Helsinki, with two experts, subject to the availability of funds. 27.05.2014: the Committee took note of a background paper and addendum, prepared by the European Human Rights Association (Strasbourg) under the Rapporteur’s instructions; and held an exchange of views with Sir Nicolas Bratza, Advisory Committee, European Human Rights Association, Strasbourg and former President of the European Court of Human Rights, and Ms Monica Macovei, MEP, former Minister of Justice of Romania, Bucharest. 23.06.2014: the Committee agreed to the request of the Rapporteur to declassify the minutes of the meeting in Helsinki pertaining to the hearing which took place on 27.05.2014. 18.03.2015: the Committee considered a preliminary draft report. 19.05.2015: the Committee considered a draft report and unanimously adopted a draft resolution and a draft recommendation; 4 B. Reports under preparation i. Human rights 3. Accession of the European Union to the European Convention on Human Rights: Election of Judges Mr Jordi Xuclà, Spain, ALDE (appointed on 19.03.2013 to replace Mr Serhiy Holovaty, Ukraine, ALDE (appointed on 05.10.2010)) • Origin: Doc 12306, Reference 3700 of 04.10.2010 • Expiry date for adoption: 31.12.2014 (extensions granted by the Bureau 21.11.2013; further extension requested from the Bureau until 31.12.2015). • Presentation to the Assembly foreseen: • State of work: 27.06.2012: the Committee decided to request the Bureau for an extension (granted by the Bureau on 01.10.2012). 06.11.2013: the Committee decided to request the Bureau for an extension (granted by the Bureau on 21.11.2013). 30.10.2014: the Committee decided to request the Bureau for an extension (granted by the Bureau on 17.11.2014). 4. on 03.09.2012 and again on to the report until 31.12.2013 to the report until 31.12.2014 to the report until 31.12.2015 Implementation of judgments of the European Court of Human Rights Mr Klaas de Vries, Netherlands, SOC (appointed on 24.01.2012) • Origin: 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 10327, Reference 3048 of 24.01.2005; Res 1516 (2006); Res 1787 (2011) • Expiry date for adoption: 30.06.2015 (granted by the Bureau on 26.01.2015) (previous extensions granted by the Bureau on 09.03.2012, 04.10.2013 and 02.09.2014) • Presentation to the Assembly foreseen: Fourth part-session 2015 • State of work: The Committee has so far submitted seven reports on this subject: one general report (Doc. 8808) and four specific ones on the implementation of Court decisions (Docs 9307, 10351, 11020 and 12455+ Addendum), including two reports on Turkey (Docs. 9537 and 10192). 24.01.2012: the Committee appointed Mr de Vries as new Rapporteur owing to Mr Pourgourides’ departure from the Assembly. 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 2012. 24.04.2012: the Committee held a hearing with respect to Italy. 26.04.2012: the Committee held a hearing with respect to Ukraine. The Committee also confirmed Mr de Vries as current Rapporteur following the decision of the Bureau to end permanent rapporteurships. 26.06.2012: the Committee held a hearing with respect to Bulgaria. 28.06.2012: the Committee held a hearing with respect to the Russian Federation. 02.10.2012: the Committee held a hearing with respect to Poland and a hearing with respect to the Republic of Moldova. 04.10.2012: the Committee held a hearing with respect to Romania and decided to hold further hearings with respect to Greece, Turkey and the United Kingdom during the January 2013 part-session. 22.01.2013: the Committee held a hearing with respect to Greece and a hearing with respect to Turkey. 23.01.2013: the Committee held a hearing with respect to the United Kingdom. 19.03.2013: the Committee agreed to the request of the Rapporteur to declassify the minutes pertaining to the four sets of hearings held in the Committee in the past year. 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. 5 30.09.2013: the committee authorised the Rapporteur to carry out fact-finding visits to Italy, the Russian Federation, Turkey and Ukraine and, if need be, also to Poland and Romania, and agreed to request the Bureau for an extension of the reference until 31 December 2014 (granted by the Bureau on 4 October 2013). 24-25.04.2014: the Rapporteur carried out a fact-finding visit to Ankara, Turkey. 27.05.2014: the Committee heard a statement by the Rapporteur on his recent fact-finding mission to Turkey. 26.06.2014: the Committee decided to request the Bureau for an extension of the reference until 31.05.2015 (authorised by the Bureau on 02.09.2014). 22-23.10.2014: the Rapporteur carried out a fact-finding visit to Rome, Italy. 4-5.12.2014: the Rapporteur carried out a fact-finding visit to Warsaw, Poland. 10.12.2014: the Committee agreed to request the Bureau for an extension of the reference until 30.06.2015. 5. Abuse of pre-trial detention in States Parties to the European Convention on Human Rights Mr Pedro Agramunt, Spain, EPP/CD (appointed on 24.04.2012) • Origin: Doc 12844, Reference 3839 of 09.03.2012 • Expiry date for adoption: 30.09.2015 (extension granted by the Bureau on 26.01.2015) (previous extensions granted by the Bureau on 21.11.2013 and 23.06.2014) • Presentation to the Assembly foreseen: Fourth part-session 2015 • State of work: 01.10.2012: 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. 06.11.2013: the Committee agreed to request the Bureau for an extension of the reference until 30.06.2014 (authorised by the Bureau on 21.11.2013). 11-13.11.2013: the Rapporteur undertook a fact-finding visit to Moscow. 27.05.2014: the Committee decided to request an extension of the reference until 31.03.2015 (authorised by the Bureau on 23.06.2014). 11-12.06.2014: the Rapporteur undertook a fact-finding visit to Ankara. 10.12.2014: the Committee authorised the Rapporteur to carry out a fact-finding visit to Georgia during 2015, instead of the previously authorised fact-finding visit to Ukraine, and agreed to request the Bureau to extend the reference until 30 September 2015. 16.-18.02.2015: the Rapporteur undertook a fact-finding mission to Tbilisi, Georgia. 6. Strengthening the protection and role of human rights defenders in Council of Europe member states Ms Mailis Reps, Estonia, ALDE (appointed on 19.03.2013 to replace Mr György Frunda, Romania, EPP/CD (appointed on 06.09.2012)) • Origin: Bureau decision (follow-up to Res 1891 (2012)), Reference 3885 of 29.06.2012) • Expiry date for adoption: 31.12.2015 (extension granted by the Bureau on 26.01.2015) (previous extension granted by the Bureau on 22.05.2014) • Presentation to the Assembly foreseen: First part-session 2016 • State of work: 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”. 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. 28.05.2013: the Committee agreed to the joint request of the rapporteurs on this subject and on “Human Rights in the North Caucasus: what follow-up to 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. 24.06.2013: the Committee authorised the Rapporteur to undertake fact-finding visits to Armenia, Azerbaijan and Georgia at the end of 2013 and to Moscow (Russian Federation) in 2014, subject to the availability of funds. 6 25.06.2013: in the context of this report and the report on “Human Rights in the North Caucasus: what follow-up to Resolution 1738 (2010)?” (Rapporteur: Mr Michael McNamara, Ireland, SOC), the Committee held an exchange of views with three lawyers from the North Caucasus. 21-22.11.2013: the Rapporteur undertook a fact-finding visit to Armenia. 25-26.11.2013: the Rapporteur undertook a fact-finding visit to Georgia. 27-28.11.2013: the Rapporteur undertook a fact-finding visit to Azerbaijan. 12.12.2013: the Committee agreed to hold an exchange of views with an expert during the January 2014 part-session. 28.01.2014: the Committee considered an information memorandum about the situation of human rights defenders in the South Caucasus region (Armenia, Azerbaijan and Georgia) and held an exchange of views with Mr Gerald Staberock, Secretary General of the World Organisation Against Torture. Agreed to declassify the information memorandum. 07.04.2014: the Committee agreed to request the Bureau to extend the reference until 31 March 2015 (granted by the Bureau on 22.05.2014). 07.04.2014: the Committee received a request from the Bureau to take into account in this report the reference 4036 on “The situation regarding human rights activists in Estonia”. 30.09.2014: the Committee unanimously adopted a statement deploring the recent arrests and convictions of human rights defenders and NGO leaders in Azerbaijan. 10.12.2014: the Committee agreed to request the Bureau for an extension of the reference until 31 December 2015. 7. Administrative detention Lord Richard Balfe, United Kingdom, EC (appointed on 20.4.2015, following the resignation of Mr Augustín Conde, Spain, EPP/CD as Rapporteur (appointed on 25.04.2013 to replace Mr Roman Jakić, Slovenia, ALDE (appointed on 11.12.2012)) • Origin: Doc. 12998, Reference 3900 of 01.10.2012 • Expiry date for adoption: 31.10.2015 (granted by the Bureau on 26.01.2015) (previous extension granted by the Bureau on 23.06.2014) • Presentation to the Assembly foreseen: Second part-session 2016 • State of work: 04.09.2013: the Committee considered an introductory memorandum. 30.09.2013: the Committee re-examined the introductory memorandum and took note of the Rapporteur’s intention to present a revised version of his memorandum at the Committee’s meeting in December 2013. 12.12.2013: the Committee examined the revised introductory memorandum and agreed to hold, at a future meeting, a hearing with experts on general issues regarding administrative detention. 27.05.2014: the Committee decided to request an extension of the reference until 31.03.2015 (authorised by the Bureau on 23.06.2014). 10.12.2014: the Committee agreed to request the Bureau for an extension of the reference until 31 October 2015 29.01.2015: the Committee decided to postpone consideration of the revised introductory memorandum until the next meeting. 18.03.2015: the Committee took note that Mr Conde had stepped down as Rapporteur owing to commitments in the Spanish parliament and agreed to appoint a new rapporteur at the Committee’s next meeting. 20.4.2015: the Committee appointed Lord Balfe (United Kingdom/EC) as new rapporteur. 8. Human Rights in the North Caucasus: what follow-up to Resolution 1738 (2010)? Mr Michael McNamara, Ireland, SOC (appointed on 19.03.2013) • Origin: Doc 13064, Reference 3928 of 21.01.2013 • Expiry date for adoption: 31.10.2015 (extension granted by the Bureau on 02.09.2014) • Presentation to the Assembly foreseen: First part-session 2016 • State of work: 28.05.2013: the Committee agreed to the joint request of the rapporteurs on this subject and “Strengthening the protection and role of human rights defenders in Council of Europe member states” (Rapporteur: Ms Mailis Reps, Estonia, ALDE) to hold an exchange of views with three lawyers from the North Caucasus region during the June 2013 part-session. 25.06.2013: the Committee considered an introductory memorandum and, 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” (Rapporteur: Ms Mailis Reps, Estonia, ALDE), held and exchange of 7 26.05.2014: 10.12.2014: 26.01.2015: 18.03.2015: 20.05.2015: 9. views with three lawyers from the North Caucasus; the Committee authorised the Rapporteur to carry out a fact-finding visit to the region and to organise another hearing at a future committee meeting, subject to the availability of funds. the Committee decided to request the Bureau for an extension of the reference until 31.10.2015 (authorised by the Bureau on 02.09.2014). the Committee decided to postpone the discussion on this matter, as no Russian members were present, and to return to it during the January 2015 part-session, so that Russian colleagues would have the opportunity to react. the Committee considered an interim information report and authorised a hearing with up to three representatives of the regional authorities, including the ombudsmen’s offices, subject to the availability of funds. the Committee agreed to a request by the Rapporteur to invite up to three other experts to replace the representatives of the regional authorities invited to the hearing in Yerevan in case the latter were unable to participate, subject to the availability of funds. the Committee held a hearing with the participation of two experts: Mr Kirill Koroteev, Legal Director, Human Rights, Centre “Memorial”, Moscow, Russian Federation and Ms Vanessa Kogan, Stichting Russian Justice Initiative, Moscow, Russian Federation Azerbaijan’s Chairmanship of the Council of Europe: What follow-up on Respect for Human Rights? Mr Pedro Agramunt, Spain, EPP/CD (appointed on 25.06.2014) • Origin: Doc. 13484, Reference 4050 of 23.06.2014 • Expiry date for adoption: 23.06.2016 • Presentation to the Assembly foreseen: • State of work: 29.09.2014: the Committee heard a statement by the Rapporteur and agreed to postpone the consideration of this item on the basis of a memorandum by the Rapporteur until its meeting in Madrid on 30 October. 30.10.2014: the Committee considered an information note and agreed to return to this point at the next meeting. 10.12.2014: the Committee continued the discussion of the information note begun at its meeting in Madrid on 30 October 2014 and authorised the rapporteur to undertake a fact-finding visit to Azerbaijan in 2015. It also requested the Chairperson to write to the Azerbaijani authorities to enquire about the alleged harassment of members of the family of Ms Gulnara Akhundova as well as the arrests of civil society activists who had taken part in events organised by the Committee or its members during the Assembly’s part-sessions in Strasbourg. 29.01.2015: the Committee took note of a reply by Mr Samad Seyidov, Chairperson of the delegation of Azerbaijan, to the Chairperson’s letter (requested by the Committee at its meeting on 10 December 2014) enquiring about the alleged harassment mentioned above. 10. Urgent need to prevent human rights violations during peaceful protests Mr Antti Kaikkonen, Finland, ALDE (appointed on 30.10.2014) • Origin: Doc. 13565, Reference 4073 of 03.10.2014 • Expiry date for adoption: 03.10.2016 • Presentation to the Assembly foreseen: • State of work: 18.03.2015: the Committee agreed to a request by the Rapporteur to invite two experts to a hearing on the subject during the June 2015 part-session, subject to the availability of funds. 20.05.2015: in the absence of the Rapporteur, the Committee considered an introductory memorandum presented by the Chair. It agreed to the Rapporteur’s request to invite a third expert to the hearing on the subject already foreseen for the June 2015 part-session, if need be and subject to the availability of funds,. The Committee asked the Secretariat to circulate the Rapporteur’s speech read out on his behalf by the Chair, in order to allow Committee members to submit written observations; 11. The fate of critically ill detainees in Europe Mr Andreas Gross, Switzerland, SOC (appointed on 30.10.2014) • Origin: Doc. 13573, Reference 4080 of 03.10.2014 8 • Expiry date for adoption: 03.10.2016 • Presentation to the Assembly foreseen: November 2015 Standing Committee • State of work: 29.01.2015: the Committee agreed to a proposal by the Rapporteur to invite Mr Lətif Hüseynov, outgoing President of the European Committee for the Prevention of Torture (CPT), to participate in an exchange of views at the Committee’s next meeting in Paris on 18 March 2015. 18.01.2015: the Committee held an exchange of views with Mr Lətif Hüseynov, former President of the CPT. 21.04.2015: the Committee agreed to the request by the Rapporteur to carry out fact-finding visits to Montenegro, Romania and Turkey and to send out a questionnaire via the European Centre for Parliamentary Research and Documentation (ECPRD) to ask national delegations for information concerning national law and practice on the treatment and/or release of critically ill persons in detention. It agreed to the proposal of the Rapporteur to change the title of the report to “The fate of critically ill detainees in Europe” from “The fate of critically ill prisoners in Turkish prisons”. 20.05.2015: the Committee asked the Secretariat to circulate the Rapporteur’s speech made on his behalf in his absence, in order to allow Committee members to submit written observations to him; 25-26.05.2015: The Rapporteur undertook a fact-finding visit to Montenegro and Romania. 12. Legal remedies to human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities Ms Marieluise Beck, Germany, ALDE, (appointed on 18.03.2015) • Origin: Doc.13700, Reference 4108 of 30.01.2015 + Doc.13728, Reference 4124 of 24.04.2015 “Violations of human rights in annexed Crimea” to be taken into account in the original report • Expiry date for adoption: 30.01.2017 • Presentation to the Assembly foreseen: • State of work: 13. Human Rights compatibility of investor-State arbitration in international investment protection agreements Mr José María Beneyto, Spain, EPP/CD (appointed on 20.04.2015) Rapporteur for opinion: to be designated from the Committee on Social Affairs, Health and Sustainable Development • Origin: Doc.13691 Reference 4115 of 06.03.2015 • Expiry date for adoption: 06.03.2017 • Presentation to the Assembly foreseen: • State of work: ii. 14. Reinforcement of the Rule of Law Access to justice and the Internet: potential and challenges Mr Jordi Xuclà, Spain, ALDE (appointed on 12.12.2013) • Origin: Doc. 13318, Reference 4007 of 22.11.2013 • Expiry date for adoption: 22.11.2015 • Presentation to the Assembly foreseen: November 2015 Standing Committee • State of work: 29.09.2014: the Committee considered an introductory memorandum and agreed to change the title of the report from “Access to justice through online instruments” to “Access to justice and the Internet: potential and challenges”. The Committee also authorised a hearing to be held at its meeting in Madrid on 30 October 2014 with the participation of two experts, subject to the availability of funds. 30.10.2014: the Committee held a hearing with the participation of: Mr Arno Lodder, Professor of Internet Governance and Regulation, Vrije Universiteit Amsterdam Mr Graham Ross, Founder and President of TheMediationRoom.com, member the Online Dispute Resolution (ODR) Advisory Group appointed by the Civil Justice Council of England and Wales, London. 23.04.2015: the Committee agreed to a request by the Rapporteur to hold an additional hearing on this subject during the June 2015 part-session and to invite one expert, subject to the availability of 9 funds. 15. How to prevent inappropriate restrictions on NGO activities in Europe Mr Yves Cruchten, Luxembourg, SOC (appointed on 25.06.2014 to replace Ms Nataša Vučković, Serbia, SOC (appointed on 06.11.2013)) • Origin: Doc. 13273, Reference 3994 of 30.09.2013 • Expiry date for adoption: 31.12.2015 (extension granted by the Bureau on 20.04.2015) • Presentation to the Assembly foreseen: Third part-session 2015 • State of work: 27.05.2014: the Committee took note of the Rapporteur’s introductory memorandum and agreed to declassify it. The Committee took note of the Rapporteur’s resignation. 29.09.2014: the Committee considered a revised introductory memorandum, agreed to authorise the participation of three experts in a hearing at its meeting in Madrid on 30 October 2014 (subject to the availability of funds) and authorised a questionnaire to be sent to the European Centre for Parliamentary Research and Documentation (ECPRD). The Committee also authorised factfinding missions to be carried out to Azerbaijan, Hungary and the Russian Federation, and agreed to declassify the revised introductory memorandum. 02.10.2014: the Committee agreed to the request of the Rapporteur to invite a fourth expert to the hearing in Madrid on 30 October 2014, subject to the availability of funds. 30.10.2014: the Committee held a hearing with the participation of: Mr Jeremy McBride, Barrister and human rights law expert, London Mr Cyril Ritchie, President of the Expert Council on NGO Law of the INGO Conference of the Council of Europe, Strasbourg Mr Kirill Koroteev, Senior Lawyer at the International Association “Memorial”, Moscow Ms Gulnara Akhundova, Programme Manager, International Media Support (IMS), Copenhagen. 10.12.2014: the Committee decided to declassify the part of the minutes pertaining to the hearing on this subject held in Madrid on 30 October 2014. 27.01.2015: the Committee adopted a statement condemning the decision of the Russian Minister of Justice to label the 2011 winner of the Assembly’s Human Rights Prize, Komitet Protiv Pytok (Committee against Torture), as a “foreign agent”. 18.03.2015: the Committee agreed to request the Bureau to extend the reference of this report until 31.12.2015. 21.04.2015: the Committee adopted a statement proposed by the Rapporteur regarding the sentencing of Mr Rasul Jafarov, a NGO leader and human rights activist. 23.04.2015: the Committee adopted a statement proposed by the Rapporteur regarding the sentencing of Mr Intigam Aliyev, a well-known human rights lawyer. 16. Abusive use of the Interpol system: the need for more stringent legal safeguards Mr Bernd Fabritius, Germany, EPP/CD (appointed on 30.10.2014) • Origin: Doc. 13566, Reference 4074 of 03.10.2014 • Expiry date for adoption: 03.10.2016 • Presentation to the Assembly foreseen: • State of work: 29.01.2015: The Committee agreed to hold a hearing at the meeting in Yerevan on 19-20 May 2015 and to invite two experts, subject to the availability of funds. 18.03.2015: the Committee considered an introductory memorandum and authorised the Rapporteur to carry out a fact-finding visit to the headquarters of Interpol in Lyon (France). 19.05.2015: the Committee held a hearing on the subject with three experts: Mr Yaron Gottlieb, Assistant Director, Office of Legal Affairs, Interpol, Lyon, France, Mr Alex Tinsley, Law Reform Officer, Fair Trials International, Brussels, Belgium and Ms Anna Koj, Head of the EU Office, Open Dialog Foundation, Brussels, Belgium 17. Transparency and openness in European institutions Ms Nataša Vučković, Serbia, SOC (appointed on 30.10.2014) • Origin: Doc. 13548, Reference 4062 of 29.09.2014 • Expiry date for adoption: 29.09.2016 • Presentation to the Assembly foreseen: 10 • State of work: 18.03.2015: the Committee agreed to a request by the Rapporteur to invite two experts to a hearing on the subject during the June 2015 part-session, subject to the availability of funds. 18. Strengthening the rule of law in South-East European countries through targeted reform of the legal system Mr Bernd Fabritius, Germany, EPP/CD (appointed on 10.12.2014) • Origin: Doc. 13614, Reference 4087 of 17.11.2014 • Expiry date for adoption: 17.11.2016 • Presentation to the Assembly foreseen: • State of work 20.4.2015: the Committee agreed to a request made on behalf of the Rapporteur to hold a hearing on this subject at the Committee’s meeting in Yerevan on 19-20 May 2015 and to invite two experts to attend, subject to the availability of funds; 19.05.2015: the Committee held a hearing with the participation of two experts: Ms Zdravka Kalaydjieva, former Judge at the European Court of Human Rights, Sofia, Bulgaria and Ms Cristina Guseth, Director, Freedom House, Bucharest, Romania iii. Other matters 19. The crash of Polish Air Force Tu-154 transporting the Polish delegation on 10 April 2010 on the Russian Federation's territory Mr Robert Neill, United Kingdom, EC (appointed on 18.03.2015) • Origin: Doc. 13628, Reference 4103 of 26.01.2015 • Expiry date for adoption: 26.01.2017 • Presentation to the Assembly foreseen: • State of work C. Reports on which the Committee is seized for opinion Committee on Political Affairs and Democracy: 1. Accession of Belarus to the Council of Europe Rapporteur for opinion: to be appointed Rapporteur: to be appointed • Origin: Request for an opinion from the Committee of Ministers, Doc 6814, Reference 1864 of 10.05.1993 • Expiry date for adoption: • Presentation to the Assembly foreseen: • State of work: 17.12.1998: Bureau decided to freeze the membership procedure. 30.01.2004: Bureau rejected granting special guest status to the Parliament of Belarus. 2. Evaluation of the partnership for democracy with the Parliament of Morocco Rapporteur for opinion: Mr Jordi Xuclà, Spain, ALDE (appointed on 30.01.2014) Rapporteur: Mr Bogdan Klich, Poland, EPP/CD (appointed on 01.10.2013) • Origin: Bureau decision, Reference 3980 of 28.06.2013 • Expiry date for adoption: 28.06.2015 • Presentation to the Assembly foreseen: Third part-session 2015 • State of work: 3. Situation in Hungary following the adoption of Assembly Resolution 1941 (2013) Rapporteur for opinion: Mr Arcadio Díaz Tejera, Spain, SOC (appointed on 06.11.2013) 11 Rapporteur: Mr Robert Walter, United Kingdom, EC (appointed on 01.10.2013) Rapporteur for opinion for the Committee on Culture, Science, Education and Media: Mr Govzden Srećko Flego (Croatia, SOC) • Origin: Bureau decision, Reference 3989 of 30.09.2013 • Expiry date for adoption: 30.09.2015 • Presentation to the Assembly foreseen: Third part-session 2015 • State of work: 4. Request for partner for democracy status with the Parliamentary Assembly submitted by the Parliament of Jordan Rapporteur for opinion: Mr James Clappison, United Kingdom, EC (appointed on 06.11.2013) Rapporteur: Ms Josette Durrieu, France, SOC (appointed on 11.03.2014) • Origin: Bureau decision, Reference 3990 of 30.09.2013 • Expiry date for adoption: 30.09.2015 • Presentation to the Assembly foreseen: • State of work: 5. Evaluation of the partnership for democracy with the Palestinian National Council Rapporteur for opinion: Mr Şaban Dişli, Turkey, EPP/CD (appointed on 07.04.2014) Rapporteur: Mr Jordi Xuclà, Spain, ALDE (appointed on 12.03.2014) • Origin: Bureau decision, Reference 4025 of 31.01.2014 • Expiry date for adoption: 31.01.2016 • Presentation to the Assembly foreseen: • State of work: 6. Corruption as governance regime: a barrier to institutional efficiency and progress Rapporteur for opinion: Mr Robert Neill, United Kingdom, EC (appointed on 30.10.2014) Rapporteur: Mr Michele Nicoletti, Italy, SOC (appointed on 01.10.2014) • Origin: Doc. 13551, Reference 4063 of 29.09.2014 • Expiry date for adoption: 29.09.2016 • Presentation to the Assembly foreseen: • State of work: 7. Evaluation of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic Rapporteur for opinion: Mr Michael McNamara, Ireland, SOC (appointed on 27.01.2015) Rapporteur: Ms Tinatin Khidasheli, Georgia, ALDE (appointed on 24.06.2014) • Origin: Bureau decision, Reference 4045 of 11.04.2014 • Expiry date for adoption: 11.04.2016 • Presentation to the Assembly foreseen: • State of work: 8. Foreign fighters in Syria Rapporteur for opinion: Mr Pieter Omtzigt, Netherlands, EPP/CD (appointed on 20.04.2015) Rapporteur: Mr Dirk Van der Maelen, Belgium, SOC (appointed on 28.01.2015) • Origin: Doc. 13559, Reference 4069 of 06.03.2015 • Expiry date for adoption: 06.03.2017 • Presentation to the Assembly foreseen: First part-session 2016 • State of work: Committee on Culture, Science, Education and Media 12 9. Freedom of religion and religious practices Rapporteur for opinion: Sir Edward Leigh, United Kingdom, EC (appointed on 07.04.2014) Rapporteur: Mr Rafael Huseynov, Azerbaijan, ALDE (appointed on 11.03.2014) • Origin: Doc 13364, Reference 4022 of 31.01.2014 • Expiry date for adoption: 31.01.2016 • Presentation to the Assembly foreseen: Fourth part-session 2015 • State of work: 10. Freedom of speech on the internet: promoting a uniform approach Rapporteur for opinion: Ms Arpine Hovhannisyan, Armenia, EPP/CD (appointed on 18.03.2015) Rapporteur: Ms Adele Gambaro, Italy, ALDE (appointed on 29.01.2015 • Origin: Doc 13589, Reference 4082 of 03.10.2014 • Expiry date for adoption: 03.10.2016 • Presentation to the Assembly foreseen: • State of work: Committee on Migration, Refugees and Displaced Persons 11. Assessing the need for a comprehensive review of the Dublin regulation and its implementation Rapporteur for opinion: Mr Boriss Cilevičs, Latvia, SOC (appointed on 10.12.2014) Rapporteur: Mr Michele Nicoletti, Italy, SOC (appointed on 27.11.2014) • Origin: Doc 13592, Reference 4083 of 03.10.2014 • Expiry date for adoption: 03.10.2016 • Presentation to the Assembly foreseen: Fourth part-session 2015 • State of work: 13 III. General Rapporteurships 2 General Rapporteur on the abolition of the death penalty: Ms Marietta Karamanli, France, SOC • IV. Term of office: one year renewable, subject to a maximum of two years th appointed on 30 January 2014; extended by acclamation on 27 January 2015. Bureaus of the Committee and of the Sub-Committees Plenary Committee Chairperson: st 1 Vice-Chairperson: nd 2 Vice-Chairperson: rd 3 Vice-Chairperson: Mr James Clappison, United Kingdom, EC Mr Michael McNamara, Ireland, SOC Ms Mailis Reps, Estonia, ALDE Mr Şaban Díşli, Turkey, EPP/CD Sub-Committee on Human Rights Chairperson: Vice-Chairperson: Ms Meritxell Mateu Pi, Andorra, ALDE Ms Inese Lībiņa-Egnere, Latvia, EPP/CD Sub-Committee on Crime Problems and the Fight against Terrorism Chairperson: Vice-Chairperson: Mr Yves Pozzo di Borgo, France, EPP/CD Mr Johannes Hübner, Austria, NR Sub-Committee on the Implementation of the Judgments of the European Court of Human Rights Chairperson: Vice-Chairperson: V. Lord Richard Balfe, United Kingdom, EC Ms Eka Beselia, Georgia, SOC Representation of the Committee at various events in 2015 Representatives appointed by the Bureau for 2015 2 i. European Commission for Democracy through Law ("Venice Commission") Mr Arcadio Díaz Tejera (Spain, SOC) – titular member Lord Tomlinson (United Kingdom, SOC) – substitute ii. Council for Democratic Elections (of the Venice Commission) Mr Michael McNamara (Ireland, SOC) – titular member Mr José María Beneyto (Spain, EPP/CD) – substitute iii. Group of States against Corruption (GRECO) Mr Robert Neill (United Kingdom, EC) – titular member Mr Kimmo Sasi (Finland, EPP/CD) – substitute iv. Moneyval Mr Pieter Omtzigt (Netherlands, EPP/CD) – titular member Mr Johannes Hübner (Austria, NR) – substitute The terms of reference of this General Rapporteurship can be found in Doc. AS/Bur (2012) 29. 14 VI. Secretariat of the Committee Head of the Legal Affairs and Human Rights Department, Head of the Committee Secretariat: Mr Andrew DRZEMCZEWSKI : +33 (0)3 88 41 23 26 e-mail: [email protected] Deputy to the Head of the Secretariat: Mr Günter SCHIRMER : +33 (0)3 88 41 28 09 e-mail: [email protected] Secretary: Ms Agnieszka SZKLANNA : +33 (0)3 90 21 41 41 e-mail: [email protected] Co-Secretary: Ms Anne-Katrin SPECK : +33 (0)3 90 21 43 08 e-mail: [email protected] Administrative assistant: Ms Eilean MACKIE : +33 (0)3 90 21 53 55 e-mail: [email protected] Assistant: Ms Catherine DREYFUS : +33 (0)3 88 41 20 99 e-mail: [email protected] Assistant: Ms Aurélie HAUG : +33 (0)3 90 21 52 29 e-mail: [email protected] Committee on Legal Affairs and Human Rights Secretariat of the Parliamentary Assembly Council of Europe F – 67075 STRASBOURG Cedex Tel: +33 (0)3 90 21 53 55 Fax: +33 (0)3 88 41 27 02 http://assembly.coe.int 15 Appendix: Terms of reference of the Committee and its Sub-Committees A. General terms of reference applicable to all Assembly committees (Extract from Appendix to Resolution 1842 (2011), The terms of reference of Parliamentary Assembly committees – Implementation of Resolution 1822 (2011) on the reform of the Parliamentary Assembly, adopted on 7 October 2011) The Assembly decides to revise the general terms of reference applicable to all its committees as follow: 1. Committees may examine any matter within their specific terms of reference (Rule 43.1 of the Rules of Procedure) and, possibly, table information reports on these matters (Rule 48.6). 2. Committees shall only prepare reports for debate in the Assembly: 2.1. on matters referred to them (Rule 25); 2.2. when so instructed by texts adopted by the Assembly (taking account of Rule 24.1.b); 2.3. when stipulated by the Assembly’s Rules of Procedure; 2.4. when mandated to do so by their specific terms of reference; 3. The committees ensure the appropriate follow-up to resolutions and recommendations adopted by the Assembly in the fields covered by their specific terms of reference. 4. Committees may organise conferences and other events on matters within their specific terms of reference and which are linked to their work programme, subject to availability of funds. 5. Committees shall establish and maintain working relations with: 5.1. the competent bodies (committees, etc.) of national parliaments of member states; 5.2. the competent bodies (committees, etc.) of European parliamentary assemblies (European Parliament, Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE), Interparliamentary Assembly of the Commonwealth of Independent States (CEI) and others) and of the Interparliamentary Union (IPU); 5.3. subject to decision by the Bureau of the Assembly, the competent bodies (committees, etc.) of national parliaments holding special guest, observer or partner for democracy status; 5.4. subject to decision by the Bureau of the Assembly, the competent bodies (committees, etc.) of national parliaments of non-member states. 6. Committees shall follow the activities of the Committee of Ministers in the fields covered by their specific terms of reference. 7. Committees shall follow the activities of, and maintain working relations with: 7.1. the relevant rapporteur groups, working groups and liaison committees of the Ministers’ Deputies and rapporteurs of the Ministers’ Deputies; 7.2. the relevant Council of Europe structures and bodies such as the European Court of Human Rights, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights, the Council of Europe partial agreements, the Council of Europe monitoring bodies and the relevant Council of Europe expert committees. 8. Committees are entitled to be represented in the Assembly’s delegations to the relevant European conferences of specialised ministers and to follow their activities. 16 9. Committees shall follow the activities of, and maintain working relations with, the European and international organisations and bodies which carry out activities in the fields covered by their specific terms of reference, in particular the European Union, the OSCE, the United Nations and their agencies and institutions. 10. Committees are entitled to develop and maintain working relations with the European and international non-governmental organisations which carry out activities in the fields covered by their specific terms of reference. 11. Committees shall promote the ratification and the implementation by Council of Europe member states of relevant conventions covered by their specific terms of reference. B. Committee on Legal Affairs and Human Rights (AS/Jur) i. Background information Number of seats: 84 The Committee was established in 1949 with the title “Legal and Administrative Questions” and known from 1956 until the end of 1989 as the “Legal Affairs Committee”, when the title was changed to the “Committee on Legal Affairs and Human Rights”. ii. Specific terms of reference (Extract from Appendix to Resolution 1842 (2011), The terms of reference of Parliamentary Assembly committees – Implementation of Resolution 1822 (2011) on the reform of the Parliamentary Assembly, as 3 amended by Resolution 2002 (2014), § 9.10) […] 2. Committee on Legal Affairs and Human Rights (AS/Jur) 2.1. The Committee shall consider all legal and human rights matters (including proposals for and the preparation of statutory opinions on draft Council of Europe conventions) which fall within the competence of the Council of Europe. 2.2. The Committee shall in particular consider: 2.2.1. all matters concerning the human rights treaties and mechanisms of the Council of Europe, notably the European Convention on Human Rights (ETS No. 5) and its protocols, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126), and other international instruments; 2.2.2. other issues concerning the state of human rights and fundamental freedoms and the rule of law in Europe, as well as in the observer states and in the states whose parliaments enjoy observer or partner for democracy status, including allegations of serious human rights violations of a systemic or otherwise widespread nature; 2.2.3. the functioning of national and international judicial institutions (as well as ombudspersons and national human rights institutions), the police, detention centres and prisons in the member states of the Council of Europe; 2.2.4. national and international criminal law and criminology; the treatment of offenders and conditions of detention (including pre-trial detention); alternatives to imprisonment; 2.2.5. legal and human rights issues relating to the fight against terrorism. 3 On 26 January 2015 the AS/Jur’s Sub-Committee on the election of judges was replaced by a new general Committee on the Election of Judges to the European Court of Human Rights (AS/Cdh): see http://assembly.coe.int/nw/Committees/as-cdh/as-cdh-main-EN.asp 17 2.3. The Committee shall give an opinion on the law, legal practice and the observance of human rights and fundamental freedoms of applicant states for membership of the Council of Europe, and of states whose parliaments seek to acquire partner for democracy status with the Parliamentary Assembly, to assess compliance with Council of Europe standards. 2.4. The Committee shall promote Council of Europe standard-setting legal instruments in the field of respect for human rights, fundamental freedoms and the rule of law in non-member states. 2.5. The Committee shall be in charge of interviewing all candidates for the post of Council of Europe Commissioner for Human Rights, before his or her election by the Assembly. It shall also examine the curricula vitae of candidates to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). 2.6. The Committee shall follow the activities of the European Ombudsmen Conference. 2.7. The Committee shall share the Assembly representation in the European Commission for Democracy through Law (Venice Commission) and in its Council for Democratic Elections. 2.8. The Committee shall represent the Assembly in the Council of Europe Group of States against Corruption (GRECO) and shall participate in the work of the European Commission for the Efficiency of Justice (CEPEJ). 2.9. The Committee shall represent the Assembly in, and follow the work of, the relevant expert committees of the Council of Europe. […] C. Terms of reference of the Sub-Committee on Human Rights (AS/Jur/DH) (Approved by the Committee on 29January 2015) 1. The Sub-Committee shall consider any matter falling within the terms of reference of the Committee on Legal Affairs and Human Rights relating specifically to the state of human rights and fundamental freedoms. In particular, the Sub-Committee shall monitor relevant human rights developments in Council of Europe member, observer and applicant states, as well as states whose parliaments enjoy Partner for Democracy status with the Assembly. It shall also follow activities of and maintain working relations with relevant Council of Europe bodies. 2. Moreover, the Sub-Committee shall review and make recommendations to the Committee on lists of candidates for membership of the European Committee on the Prevention of Torture and Inhuman or Degrading Treatment of Punishment (CPT) submitted by States Parties to the European Convention for the Prevention of Torture. D. Terms of reference of the Sub-Committee on Crime Problems and the Fight against Terrorism (AS/Jur/Crime) (Approved by the Committee on 29 January 2015) 1. Having regard to paragraph 2.2.5. of the terms of reference of the Committee on Legal Affairs and Human Rights, the Sub-Committee shall consider issues relating to the upholding of legal and human rights standards in the fight against terrorism and organised crime. In particular, it shall consider matters relating to the lawfulness of restrictions placed on individual freedoms with a view to preventing and combating terrorism and organised crime, and notably the compatibility of coercive measures with the European Convention on Human Rights and its protocols, as well as other relevant treaties and mechanisms. 2. The Sub-Committee shall seek to identify possible legal action for closer European and, when relevant, international co-operation in these fields, including through extradition, witness protection schemes and other mutual assistance arrangements, with a view to preventing and combating terrorism and organised crime in line with the values upon the Council of Europe is based. 18 E. Terms of reference of the Sub-Committee on the Implementation of Judgments of the European Court of Human Rights (AS/Jur/CourDH) (Approved by the Committee on 29 January 2015) 1. Having regard to the terms of reference of the Committee on Legal Affairs and Human Rights, the SubCommittee shall consider issues relating to the implementation, at the domestic level, of the judgments of the European Court of Human Rights (ECHR) finding a violation of the European Convention on Human Rights and/or its protocols. 2. The Sub-Committee shall, in particular, address the most pertinent cases of non-implementation of judgments, especially those pointing to the existence of systemic shortcomings or requiring urgent individual measures, especially in cases concerning serious human rights violations. It shall seek to identify, together with Committee’s Rapporteur on the Implementation of Judgments of the ECHR, the reasons for failure to execute judgments in co-operation with, in particular, the parliamentary national delegation of the State concerned in order to find solutions to outstanding problems.
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