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Strasbourg, 3 November 2003 CODEXTER (2003) 18
COMMITTEE OF EXPERTS ON TERRORISM
(CODEXTER)
1st
meeting
Strasbourg, 27-30 October 2003
List of items discussed and decisions taken
1. The Committee of Experts on Terrorism (CODEXTER) held its 1st
meeting in Strasbourg,
27-30 October 2003. The Committee adopted the agenda as it appears in Appendix I. The list of
participant appears in Appendix I to the draft meeting report (document CODEXTER (2003) 17 prov).
2. The Director General of Legal Affairs of the Council of Europe, Mr Guy DE VEL, addressed
the Committee.
3. The CODEXTER elected Ms Gertraude KABELKA (Austria) Chair of the Committee and
Mr Zdzislaw GALICKI (Poland) and Mr Martin SØRBY (Norway) respectively 1st
and 2nd
Vice-Chair
of the Committee. It also elected Mr Ramin ALIYEV (Azerbaijan), Mr Davor DERENČINOVIĆ
(Croatia), Mr Ilya ROGACHEV (Russian Federation) and Ms Angelika SCHLUNCK (Germany) as
members of the Bureau.
4. In accordance with its specific terms of reference, the CODEXTER considered the
implementation of Council of Europe priority counter-terrorism activities:
a) With regard to the research on the concepts of “Apologie du terrorisme” and “incitement of
terrorism”, the CODEXTER considered the preliminary draft report prepared by the T.M.C. Asser
Institute on the basis of the replies received to a questionnaire sent to all member and observer
States. The CODEXTER invited delegations not having done so to submit their replies to the
questionnaire by 14 November 2003, and invited delegations to provide additional information and
comments which might contribute to the elaboration of the report by the same deadline. The
CODEXTER agreed to consider this report at its next meeting (see paragraph 7 below).
b) With regard to the protection of witnesses and pentiti in relation to acts of terrorism, Ms
Maria Grazia BENEDETTI, Chair of the Committee of Experts on the Protection of Witnesses and
Pentiti in relation to Acts of Terrorism (PC-PW), presented the Committee’s work and in particular
its final report1
. The CODEXTER welcomed the significant progress achieved in this respect by the
PC-PW, and endorsed the conclusions of its final report (as they appear in Appendix II) from the
perspective of the fight against terrorism. The CODEXTER underlined that this decision is without
prejudice to the consideration of this issue by the European Committee on Crime Problems
(CDPC) or to the consideration by the CODEXTER of the issues indicated under paragraph 5.d
below.
c) With regard to special investigation techniques in relation to acts of terrorism, Mr Gérard
DIVE, Chair of the Committee of Experts on Special Investigation Techniques in relation to Acts of
Terrorism (PC-TI), presented the Committee’s work and in particular its final report2
. The
1
Document CODEXTER (2003) 06.
2
Document CODEXTER (2003) 07.

2. 2
CODEXTER welcomed the significant progress achieved in this respect by the PC-TI, and
endorsed the conclusions of its final report (as they appear in Appendix III) from the perspective of
the fight against terrorism. The CODEXTER underlined that this decision is without prejudice to the
consideration of this issue by the CDPC or to the consideration by the CODEXTER of the issues
indicated under paragraph 5.d below.
The CODEXTER further noted that the two above-mentioned subjects were closely inter-linked and
that they had implications beyond the fight against terrorism. It stressed that the possible adoption
of general instruments in the fields of protection of witnesses and special investigation techniques
would enhance the efficiency of the fight against terrorism.
d) With regard to action to cut terrorists off from funding sources, the CODEXTER was
informed about the work of the Select Committee of Experts on the Evaluation of Anti-Money
Laundering Measures (MONEYVAL) of relevance to the fight against terrorism and, in particular,
the self-assessment of MONEYVAL’s member States against the Financial Action Task Force
(FATF) Special Recommendations on terrorist financing. The CODEXTER welcomed the valuable
work of the MONEYVAL in relation to the fight against terrorism, which should be supported and
pursued as a matter of priority.
Further to that, the CODEXTER was informed about the setting up and the specific terms of
reference of the Committee of Experts on the revision of the Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime (PC-RM). Considering the links between
some parts of the specific terms of reference of the PC-RM and its own, the CODEXTER would
welcome the possibility to participate in the work of the PC-RM and would welcome the
participation of a representative of the PC-RM in the CODEXTER (see paragraph 7 below).
e) With regard to international co-operation on law enforcement relating to the fight against
terrorism, the CODEXTER took note of the discussions within the Committee of Experts on the
Operation of European Conventions in the Penal Field (PC-OC) and of the willingness of the PC-
OC to consider, from the perspective of international co-operation, possible instruments to be
elaborated as a result of the pursuance of the priority activities against terrorism.
f) With regard to the questions of identity documents which arise in connection with terrorism,
the CODEXTER was informed by the representative of the European Committee on Legal
Cooperation (CDCJ) about the work of the Group of Specialists on Identity and Terrorism (CJ-S-ID)
and about the setting up of a new Group of Specialists on Identity Documents and Terrorism (CJ-
S-IT). The CODEXTER welcomed the conclusions of the CJ-S-ID and expressed the wish to be
kept informed about the work of the CJ-S-IT. Moreover, the CODEXTER noted favourably that the
specific terms of reference of the Committee of Experts on Family Law (CJ-FA) and of the Project
Group on Data Protection (CJ-PD) had been revised so as to take into account the priority
assigned to the counter-terrorism activities by the Committee of Ministers and expressed the wish
to be informed about the relevant work of these committees.
5. Following the decisions by the Committee of Ministers at Deputies’ level, the CODEXTER
then considered the results of the 25th
Conference of the Ministers of Justice (Sofia,
9-10 October 2003) and, in particular, Resolution No. 1 on Combating terrorism.
a) With respect to the possible revision of the European Convention on the Compensation of
Victims of Violent Crimes of 24 November 1983 (ETS No. 116) or to the possible adoption of rules
concerning the improvement of the protection, support and compensation of victims of terrorist acts
and their families, the CODEXTER agreed, on the one hand, that before deciding on the revision of
ETS No. 116 it would be advisable to study the reasons explaining the limited number of
ratifications of this Convention, and on the other hand, that it would be useful to provide for an
exchange of information and best practices on compensation and insurance schemes introduced
by States, particularly in relation to victims of terrorist acts.

3. 3
b) With regard to the possible setting up of a European register of national and international
standards, starting as a matter of priority with standards in the field of the fight against terrorism,
the CODEXTER was informed about the study on “Methods of facilitating access to the legal
information of European countries – creation of a unified European legal register” currently being
carried out by an independent expert which should be completed by the end of 2003. Therefore,
the CODEXTER reserved its opinion on the feasibility of such a proposal until it would have the
opportunity of considering such a study. Notwithstanding this fact, the CODEXTER agreed on the
usefulness of drawing up country-reports on the basis of a specific questionnaire that would be
considered at its next meeting (see paragraph 7 below).
c) The CODEXTER took note of the invitation to the Committee of Ministers to instruct the
European Commission for the Efficiency of Justice (CEPEJ) to ensure the preparation of an
assessment report on the effectiveness of national judicial systems in their responses to terrorism.
d) With regard to the consideration of the added value of a possible Council of Europe
comprehensive convention on terrorism, or some elements of such a convention, and with a view
to contributing significantly to the UN efforts, the CODEXTER held a preliminary exchange of views
on these matters and agreed to pursue its consideration on the basis of a scientific study to be
prepared. This study should deal in particular with the possible gaps in international instruments
against terrorism and with the best way to fill them in. It instructed the Secretariat to proceed
accordingly and to make sure that the study takes account of the views expressed by the members
of the CODEXTER in the meeting and of existing international standards of relevance.
6. In view of the above, the CODEXTER agreed to request an extension of its specific terms
of reference until 31 December 2004 as they appear in Appendix IV.
7. The CODEXTER discussed its working methods and the organisation of its future work and
agreed to hold its next meeting in Strasbourg from 29 March to 1 April 2004, subject to the
extension of its specific terms of reference by the Committee of Ministers.

4. 4
Appendix I
AGENDA
1. Opening of the meeting / Ouverture de la réunion CODEXTER (2003) 01
2. Statement by the Directorate General of Legal Affairs of the Council of Europe, Mr Guy DE
VEL / Allocution du Directeur Général des Affaires Juridiques du Conseil de l’Europe,
M. Guy DE VEL
3. Introduction of the participants / Présentation des participants CODEXTER (2003) LP prov
4. Election of the Chair, Vice-Chair and Bureau / Election du Président ou de la Présidente, du
Vice-Président ou de la Vice-Présidente et du Bureau CODEXTER (2003) 02 rev
5. Adoption of the agenda / Adoption de l’ordre du jour CODEXTER (2003) OJ 1 bil
6. Decisions of the Committee of Ministers concerning the CODEXTER / Décisions du Comité
des Ministres concernant le CODEXTER CODEXTER (2003) 03
7. Implementation of Council of Europe priority counter-terrorism activities / Mise en œuvre
des actions prioritaires du Conseil de l'Europe contre le terrorisme GMT (2002) 06 final
GMT (2002) 10 final
CODEXTER (2003) 09
CODEXTER (2003) 10
CODEXTER (2003) 11
a. "Apologie du terrorisme" and "incitement to terrorism" / « Apologie du terrorisme » et
« incitation au terrorisme » CODEXTER (2003) 04
CODEXTER (2003) 04 Add
b. Protection of Witnesses and Pentiti in relation to Acts of Terrorism/ Protection des
témoins et des repentis en relation avec les actes de terrorisme (PC-PW)
CODEXTER (2003) 06
PC-PW (2003) 05, 15, 19
c. Special Investigation Techniques in relation to Acts of Terrorism / Techniques spéciales
d'investigation en relation avec des actes de terrorisme
CODEXTER (2003) 07
PC-TI (2003) 06, 10, 12
d. Action to cut terrorists off from funding sources / Actions visant à éliminer les sources de
financement des terroristes CODEXTER (2003) 08
CODEXTER (2003) 14
MONEYVAL (2003) 12
e. International co-operation on law enforcement / Coopération internationale en matière de
répression
f. Questions of identity documents which arise in connection with terrorism / questions
relatives aux documents d'identité qui surgissent dans le contexte du terrorisme
CODEXTER (2003) 12

5. 5
8. Other Council of Europe counter-terrorism developments / Autres développements du
Conseil de l'Europe concernant la lutte contre le terrorisme
25th Conference of the European Ministers of Justice / 25e Conférence des ministres
européens de la justice CODEXTER (2003) 05
a. Coordination of the possible review of the European Convention on the
Compensation of Victims of Violent Crimes of 24 November 1983 (ETS No. 116) /
Examen de l’éventuelle révision de la Convention européenne relative au
dédommagement des victimes d'infractions violentes du 24 novembre 1983
(STE No. 116) CODEXTER (2003) 10
b. Consideration of the feasibility of setting up a European register of national and
international standards / Examen de la possibilité de mettre en place un Registre
européen de normes nationales et internationales
c. Preparation of an assessment report on the effectiveness of national judicial
systems in their responses to terrorism by the European Commission for the
efficiency of justice (CEPEJ) / Etablissement d’un rapport d’évaluation sur l’efficacité
des systèmes judiciaires nationaux dans leurs réponses au terrorisme par la
Commission européenne pour l’efficacité de la justice (CEPEJ)
d. Consideration of a possible comprehensive convention on terrorism to be drafted in
the Council of Europe / Considération d’une éventuelle convention générale sur le
terrorisme à être élaborée par le Conseil de l'Europe CODEXTER (2003) 13, 15, 16
CODEXTER (2003) 09
9. Examination of the terms of reference and of the working methods of the CODEXTER,
renewal of the terms of reference for 2004 / Examen du mandat et des méthodes de travail
du CODEXTER, prolongation du mandat pour 2004
CODEXTER (2003) 05
10. Organisation of the future work of the CODEXTER / Organisation des travaux futurs du
CODEXTER
11. Other business / Divers

6. 6
Appendix II
CONCLUSIONS OF THE COMMITTEE OF EXPERTS ON THE PROTECTION OF WITNESSES
AND PENTITI IN RELATION TO ACTS OF TERRORISM (PC-PW)
1. The PC-PW considers that criminal organisations, including terrorist organisations, are
operational almost all over the world and that fighting these organisations has become a priority.
A great contribution to this fight can be made by witnesses and collaborators of justice who
decide to co-operate with the judiciary. Such contribution can be ensured only if persons who can
provide useful information and evidence enjoy adequate protection and support that allows them
to deal with all the risks and implications related to the decision to co-operate with justice.
2. The replies received to the questionnaire addressed to the States and the analyses by the
scientific experts, as well as the contribution provided by the representatives of the ICTY and of
Europol, show the need to develop a coherent common international framework for the effective
protection of witnesses and collaborators of justice. Given the essentially trans-national nature of
serious crimes – such as organised crime and terrorism – and violations of international
humanitarian law, improved and effective international co-operation seems to be particularly
important . The PC-PW considers that from a technical point of view it is necessary to move a
step forward with respect to the existing Recommendation R(97)13 concerning the intimidation of
witnesses and the rights of the defence in order to define a comprehensive set of measures to
increase the protection of witnesses and collaborators of justice, especially with respect to the
fight against terrorism, and in particular to the need to strengthen international co-operation.
3. The protection of witnesses and collaborators of justice giving evidence in terrorism-related
cases is crucial in order to achieve successful results in the fight against terrorism and terrorist
organisations, as was also recalled in Resolution No.1 on Combating International Terrorism
approved at the 24th Conference of European Ministers of Justice in Moscow. Witness
protection is especially important in the fight against organised crime and terrorism because
the closed nature of criminal and terrorist groups makes it very difficult to use traditional
investigative methods successfully. Testimony obtained in this way can provide useful
information about a whole criminal group, which is capable, by intimidating, harming or bribing
witnesses, of obstructing investigations and justice.
4. The PC-PW considers, therefore, that it would be technically feasible and advisable to
establish an international legal framework for international co-operation in matters related to
the protection of witnesses and collaborators of justice.
5. The framework might consist of a combination of different complementary instruments:
a) The core of this framework should be a Conventional instrument, which could take the form
of a new independent Convention or of an additional instrument to existing conventions.
Such an instrument should aim, in particular, at facilitating international co-operation on
issues such as mutual recognition of decisions, mutual assistance, exchanges of
information, use of advanced technical (tele-) communication means, relocation and other
practical matters concerning the effective protection of witnesses and collaborators of
justice, including security and confidentiality aspects.
It may also be necessary to recommend that terrorism-related crimes always be included in
the offences for which specific witness protection measures/programmes/mechanisms are
envisaged. The PC-PW recognises the need to ensure that protective measures for
witnesses and collaborators of justice involved in terrorism-related crimes are adopted in all
countries and are the subject of international agreements facilitating international co-
operation. Such an important issue could be part of an international instrument specifically

7. 7
aimed at the protection of witnesses and collaborators of justice, as well as of a possible
comprehensive international instrument related to the fight against terrorism.
Finally, such an instrument should set common criteria aiming at preserving an acceptable
balance between the protection measures and the human rights and fundamental freedoms
of all the parties involved (witnesses/collaborators of justice, defendants, victims).
b) The framework should be completed by elements of “soft law”, like a Recommendation to
member States, with the purpose of enhancing the compatibility of national criminal justice
systems in relation to the other aspects of the protection of witnesses and collaborators of
justice. For this purpose, it could be recommended to proceed to a revision of
Recommendation R(97)13 concerning the intimidation of witnesses and the rights of the
defence. This revision should be aimed at extending its scope on the basis of the additional
experience and information acquired since the adoption of this Recommendation.
Moreover, this new instrument could be supplemented by practical suggestions, such as
models of regulatory texts.
6. Considering the work of the GMT in the field of the fight against terrorism and the work
undertaken, in the past and recently, in the fight against organised crime, the Council of Europe
would have the necessary expertise to develop an international instrument in this field. The
development of international common standards would also facilitate and reinforce the activity
of international legal institutions. The existence of a regional or international instrument for the
protection of witnesses and collaborators of justice would, for instance, provide a stronger legal
basis for the agreements currently concluded between the ICTY and some States, and
facilitate the work of the witness protection service at the International Criminal Court.

8. 8
Appendix III
CONCLUSIONS OF THE COMMITTEE OF EXPERTS ON SPECIAL INVESTIGATION
TECHNIQUES IN RELATION TO ACTS OF TERRORISM (PC-TI)
Following the study by Council of Europe member States and observers of the use of special
investigation techniques in relation to acts of terrorism, based on the answers to a questionnaire
drawn up for that purpose,
Having regard to the various Council of Europe texts and instruments referred to in the PC-TI
terms of reference of relevance to the prosecution and punishment of terrorist acts, in accordance
with European criminal justice standards and respect for human rights,
Having regard to the contributions of the representatives of the CDDH, the CDCJ and the observer
states:
The PC-TI has adopted the following conclusions:
1. The special investigation techniques used for law enforcement purposes are numerous,
varied and constantly evolving. It is therefore only possible to define them in terms of
common characteristics: their secret nature and the fact that their application could infringe
fundamental rights and freedoms.
2. Taking account of its terms of reference, the Committee considers that the use of these
techniques, whose main variants are known and applied in all the member states, is and
must remain confined to criminal investigations and that the most intrusive ones must be
reserved for the most serious offences, in particular the various forms of organised crime,
including terrorism1
.
3. Given the intrusive and secret nature of special investigation techniques and the need to
reconcile effectiveness in combating the most serious forms of crime, such as terrorism,
with respect for human rights, the PC-TI stresses the possibility for member States to
further develop common principles governing their use.
4. In this context, and taking due account of the guidelines on human rights and the fight
against terrorism, the Committee considers that it is of particular importance that the use of
special investigation techniques take account of the conditions and restrictions attached to
interference with private life (Article 8, ECHR), the fundamental principles governing
criminal procedure, such as the duty of fairness when collecting evidence (Article 6,
ECHR), and the requirement for an effective means of appeal against interference
resulting from the use of special investigation techniques (Article 13, ECHR).
5. The international community's increasing involvement in fighting serious forms of crime,
such as terrorism, has led to a significant growth in international co-operation in criminal
matters and has already resulted in the incorporation of certain special investigation
techniques in relevant Council of Europe and European Union instruments concerned with
international judicial co-operation.
6. The PC-TI therefore considers that in order to make the international fight against terrorism
and other forms of serious crime more effective.
1
Examination of the replies to the questionnaire does not suggest that special investigation methods and techniques
should be specifically confined to the fight against terrorism but rather that they should be seen in the more general
context of combating certain serious forms of crime. Even though the Court has considered that "terrorist crime falls into
a special category", its intention was not to endorse the setting aside of the fundamental principles enshrined in the
European Convention on Human Rights (paragraph 37 of the report).

9. 9
A. It would be feasible to draw up a recommendation on the use of special investigation
techniques, so as to invite member States to:
Further develop common principles governing the use of special investigation techniques
reconciling the effectiveness of the fight against serious crime such as terrorism with the
respect of human rights and fundamental principles of penal justice, such as the effectiveness
of the control. These common principles could address two different aspects: the development
of domestic legislation and the practical implementation of special investigation techniques.
Identify best practice with respect to the role of the judicial and law enforcement authorities
involved in the use of special investigation techniques and its control.
Improve international co-operation in relation with the use of special investigation techniques
by optimising the use of the possibilities offered by existing international instruments such as
the European Convention on mutual legal assistance in penal matters and its protocols.
Determine ways to improve the use of joint investigation teams and cross-border operations in
relation with special investigation techniques.
Determine the modalities of an appropriate training for the persons involved in the use of
special investigation techniques and in their control and find ways to promote such training.
B. Further consideration could also be given to improving the existing framework of conventions
relevant to the use of special investigation techniques in the context of international co-operation.
However, the Committee considered that such exercise should be based on an evaluation
concerning the implementation of and experience with the existing instruments of relevance in this
field.
C. Moreover, the Committee considered that it would equally be possible to develop, in the
framework of the Council of Europe, a network of contacts between law enforcement agencies and
judicial authorities in member States as well as with relevant international bodies such as Interpol,
Europol and Eurojust.

10. 10
Appendix IV
DRAFT SPECIFIC TERMS OF REFERENCE OF THE CODEXTER FOR 2004
1. Name of committee: Committee of Experts on Terrorism (CODEXTER)
2. Type of committee: Ad hoc Committee of experts
3. Source of terms of reference: Committee of Ministers
4. Terms of reference:
Taking into account:
- the standards of the Council of Europe in the fields of Human Rights and the Rule of Law;
- the Declaration adopted by the Committee of Ministers on 12 September 2001 and its Decision
of 21 September 2001;
- Resolution 1258 (2001) and Recommendation 1534 (2001), adopted by the Parliamentary
Assembly on 26 September 2001;
- Resolution N° 1 adopted by the European Ministers of Justice at their 24th Conference
(Moscow, 4-5 October 2001);
- the Final Declaration of the Inter-parliamentary forum on combating terrorism held in St
Petersburg on 28 March 2002;
- Parliamentary Assembly Recommendation 1550 (2002) on Combating terrorism and respect
for Human Rights;
- the Declaration and the conclusions and the final communiqué adopted by the Committee of
Ministers respectively at its 110th
and 111th
Session (Vilnius, 3 May 2002 and Strasbourg, 7
November 2002);
- the Guidelines on Human Rights and the fight against Terrorism adopted by the Committee of
Ministers on 11 July 2002;
- the reports of the Multidisciplinary Group on International Action against Terrorism (GMT);
- Resolution N° 1 adopted by the European Ministers of Justice at their 25th Conference (Sofia,
9-10 October 2003);
- the work of the European Committee on Legal Co-operation (CDCJ), the European Committee
on Crime Problems (CDPC) and the Steering Committee on Human Rights (CDDH) and in co-
ordination with these Committees;
- the work of other international institutions active in this field including the European Union, the
OSCE and the United Nations,
the Committee is called upon to make appropriate proposals to the Committee of Ministers, on the
basis of a report on the implementation of the proposals contained in document CM(2002)148 and
on the remaining proposals contained in the Progress Report (document CM(2002)57), for any
new activities to intensify to Council of Europe’s action in the field of the fight against terrorism,
including preventive measures, while preserving and promoting Human Rights and fundamental
freedoms.

11. 11
5. Membership of the Committee:
a. States whose governments are entitled to appoint members: all member States. Desirable
qualifications of persons serving on the Committee: experts with a detailed knowledge of legal
or financial questions concerning terrorism.
b. One representative of each of the following: the European Committee on Legal Co-operation
(CDCJ), the European Committee on Crime Problems (CDPC), the Steering Committee for
Human Rights (CDDH), the Committee of Experts on the Operation of European Conventions
in the Penal Field (PC-OC) and, where appropriate, of other subordinate committees.
c. The Council of Europe budget will bear the travelling and subsistence expenses of one
participant from each member State and the representatives of the CDCJ, the CDPC, the
CDDH, the PC-OC and, where appropriate, of other subordinate committees.
d. The European Commission and Secretariat General of the Council of the European Union may
send representatives to the meetings of the Committee without the right to vote or defrayal of
expenses.
e. The Observer States to the Council of Europe and applicant States for Council of Europe
membership may send representatives to the meetings of the Committee without the right to
vote or defrayal of expenses.
f. The following international organisations and bodies may send representatives to the meetings
of the Committee without the right to vote or defrayal of expenses: OECD, UN, ICPO-Interpol,
Europol, EBRD, OSCE, FATF, ECAC, ICRC.
6. Structures and working methods:
In all cases, the CODEXTER will cease to exist in any event once the Amending Protocol to the
Convention on the Suppression of Terrorism will enter into force.
7. Duration of terms of reference: 31 December 2004