Council of Europe Cooperation against terrorism corruption and

Council of Europe Cooperation against terrorism, corruption and organised crime Regional workshop, United Nations Office on Drugs and Crime Croatia, 7 -9 March 2005 Denis Bribosia (Counter-terrorism Task Force) denis. bribosia@coe. int Alexander Seger (Department of Crime Problems) alexander. seger@coe. int Directorate General of Legal Affairs / Council of Europe / Strasbourg 1 / France

Council of Europe Strategy against serious and organised crime THE RATIONALE in order to promote democracy rule of law human rights Measures against serious and organised crime and terrorism Cooperation against terrorism, corruption and organised crime 2

Council of Europe THE APPROACH Setting European standards Corruption Organised crime Money laundering Cybercrime Monitoring compliance with European standards Cooperation against Trafficking in human beings Strengtheni ng capacities through technical cooperation Terrorism terrorism, corruption and organised crime 3

Council of Europe 1 Standards Cooperation against terrorism, corruption and organised crime 4

Council of Europe standards on terrorism • European Convention on the Suppression of Terrorism (1977) – ETS 90 • Protocol amending ETS 90 (2003) – ETS 190 • Draft European Convention on the Prevention of Terrorism (2005) • Draft Recommendation on Special Investigative Means (2005) • Draft Recommendation on Witness Protection (2005) • Draft Recommendation on Identity Documents (2005) • Draft Convention on Laundering, the Financing of the CTerrorism, o o p e r a t i o n a g. Search, a i n s t t e r r o. Seizure r i s m , c o r rand u p t i o Confiscation n a n d o r g a n i s e d of crim e 5

Council of European Convention on the Suppression of Terrorism (1977) – ETS 90 and the Amending Protocol (2003) Obligation (Article 1) - or possibility (Article 2) - to disregard, for the purposes of extradition, the political nature of the crime Amending Protocol (2003) • extends the list of offences to be "de-politicized” (include all offences described in the relevant UN anti-terrorist Conventions and Protocols) • introduces a simplified amendment procedure to add new offences (Article 13) o o p e r a tfor i o n accession a g a i n s t t e r r o r by i s m , observers c o r r u p t i o n a nstates d o r g a n i and sed crime • Copen 6

Council of Europe Draft European Convention on the Prevention of Terrorism (2005) • Background: Role of CODEXTER • Definition : Terrorist offence • Provisions on new offences: 1. public provocation to commit a terrorist offence, 2. recruitment for terrorism 3. training for terrorism • It reinforces international cooperation: e. g. extradite or prosecute. • Entry into force Cooperation against terrorism, corruption and organised crime 7

Council of Europe Draft Recommendation on Special Investigative Techniques (SIT) (2005) • Definition of SIT • Scope of the recommendation • Content of the recommendation: e. g making SIT available to a wide extent of authorities legality principle control of the implementation Cooperation against terrorism, corruption and organised crime 8

Council of Europe Draft Recommendation on the protection of witnesses and collaborators of justice (2005) Background Scope of the recommendation Content of the recommendation: • protection programmes • anonymity • non-procedural protection measures Cooperation against terrorism, corruption and organised crime 9

Council of Europe Draft Recommendation on identity and travel documents and terrorism (2005) Guidelines on human rights and the fight against terrorism (2002) Cooperation against terrorism, corruption and organised crime 10

Council of Europe Co. E - UN instruments on terrorism Co. E instruments: • Refer to offences listed in the UN conventions • Complement UN treaties • Fill lacunae in international law • Regional approach (addressing European concerns) Cooperation with CTC Cooperation against terrorism, corruption and organised crime 11

Council of Europe standards related to organised crime, corruption, money laundering and other crimes Cooperation against terrorism, corruption and organised crime 12

Council of Europe Draft Convention on Laundering, the Financing of Terrorism, Search, Seizure and Confiscation of the Proceeds from Crime (2005) Strasbourg convention of 1990 (ETS 141) +: • Financing of terrorism (i. e. acts set out in Art 2 of the UN Convention for the suppression of financing of terrorism 1999) • Confiscation • Conviction for money laundering w/o prior conviction for predicate offence • Preventive measures • Corporate liability • Requests for information on bank accounts, monitoring of banking transactions • Financial intelligence units (and their cooperation) C o o p e r a t i o n a g acooperation i n s t t e r r o r i s m , for c o r rthe u p t i postponement o n a n d o r g a n i s e d cof rime • International 13

Council of Europe Criminal Law Convention on Corruption (ETS 173) Civil Law Convention on Corruption (ETS 174) • Both conventions are in force • Implementation monitored by GRECO Criminal Law Convention ratified by 30 countries Civil Law Convention ratified by 21 Cooperation against terrorism, corruption and organised crime 14

Council of Europe Instruments on cooperation in criminal matters Treaties on: • • • mutual legal assistance in criminal matters extradition transfer of proceedings transfer of sentenced persons international validity of judgments etc. Cooperation against terrorism, corruption and organised crime 15

Council of Europe 2 nd Additional Protocol to the Convention on Mutual Legal Assistance in Criminal Matters (ETS 182) • More effective channels of communication • Audio-video hearings • Cross-border observation • Controlled deliveries • Joint investigative teams • Covert investigations Reflects the provisions of the EU Convention on MLA Entered into force on 1 February 2004 29 Signatures followed by 7 C oratifications o p e r a t i o n a g a i n s t t eso r r o r ifar sm, corruption and organised crime 16

Council of Europe Convention on Cybercrime (CETS 185) • Entered into force on 1 July 2004 • 9 ratifications so far, and • 32 Signatures, including non-member States (Canada, Japan, South-Africa, USA) Need for broad ratification and implementation Protocol on Xenophobia and Racism (CETS 185) Cooperation against terrorism, corruption and organised crime 17

Council of Europe Draft Convention on Trafficking in Human Beings (2005) Added value: • THB a violation of human rights and an offence to the dignity and integrity of the human being • Covers all forms and types of trafficking (national and transnational, whether or not related to organized crime); • Stronger, mandatory measures to protect victims • Monitoring mechanism (GRETA) Cooperation against terrorism, corruption and organised crime 18

Council of Europe 2 Monitoring compliance COSTER Conference of the Parties MONEYVAL GRECO Cooperation against terrorism, corruption and organised crime 19

Council of Europe Group of States against Corruption (GRECO) Monitors compliance with anticorruption standards Peer evaluations - peer pressure Currently 38 members Second round of evaluations underway Evaluation themes: - Proceeds of Corruption - Public Administration and Corruption - Legal Persons and Corruption Cooperation against terrorism, corruption and organised crime 20 20

Council of Europe MONEYVAL • • Monitoring compliance with anti-money laundering standards Created in 1997 24 countries now participating Transparent peer evaluation - peer pressure Cooperation Second round of evaluations underway: Functioning of the asystems g a i n s t t e r r o r iand s m , c opractical rruption and organised crime 21

Council of Europe 3 Technical cooperation • Building capacities to implement standards • Support implementation of recommendations from monitoring • Feed into monitoring and standard setting Cooperation against terrorism, corruption and organised crime 22

Council of Europe Ongoing Projects Organised crime situation reports Best practice studies Octopus Interface Cooperation against terrorism, corruption and organised crime 23

Council of Europe Int ern Ongoing Projects wo a rks tion fin a anc hop l Projects against money (Mo ing on t h sco o e 2 f 0 t laundering 04) w O err ori • MOLI Project Russian Federation (Start: ct. Feb ob er sm 2003) • MOLI Project Ukraine (Start: Feb 2003) • MOLI Project “the former Yugoslav Republic of Macedonia (Start: May 2004) Funded by the European Commission Implemented by the Council of Europe Cooperation against terrorism, corruption and organised crime 24

Council of Europe Ongoing Projects PACO IMPACT Supporting the implementation of anticorruption strategies in South -eastern Europe Start: 1 March 2004 Funded by Sweden Implemented by the Council of Europe Cooperation against terrorism, corruption and organised crime 25

Council of Europe Ongoing Projects CARPO Strengthening capacities of police against serious crime in Southeastern Europe Start: 1 March 2004 Funded by the European Commission‘s CARDS Programme and the Council of Europe Managed by the Council of Europe and implemented in cooperation with IOM and partners C o o p e r other a t i o n a gconsortium ainst terrorism , corruption and organised crime 26

Ongoing Projects Council of Europe Funded from Council of Europe Cooperation Programme or joint programmes with the EC Some 100 activities in 2005 on: • Police cooperation and ethics • Money laundering • Corruption • Financing of political parties • Organised crime • Criminal law reform • Trafficking in human beings • Cybercrime • Including: Octopus Interface on economic C o ocrime peration against terrorism, corruption and organised crime 27 27

Council of Europe Ongoing Projects PACO Moldova Supporting the implementation of the national anti-corruption strategies of Moldova Start: January 2005 Funded by the European Commission and Switzerland Implemented by the Council of Europe Cooperation against terrorism, corruption and organised crime 28

Council of Europe Ongoing Projects „RUCOLA“ Harmonising Russian legislation with international standards Start: January 2005 Funded by the European Commission and the Council of Europe Implemented by the Council of Europe Cooperation against terrorism, corruption and organised crime 29

Council of Europe Pipeline Design specific projects on terrorism, financing of terrorism. . Cooperation against terrorism, corruption and organised crime 30

Council of Europe THE APPROACH Setting European standards Corruption Organised crime Money laundering Cybercrime Monitoring compliance with European standards Cooperation against Trafficking in human beings Strengtheni ng capacities through technical cooperation Terrorism terrorism, corruption and organised crime 31