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UE: Terrorismo

19 de março, 2004



Terrorism constitutes one of the most serious threats to democracy, to the free exercise of human rights and to economic and social development. The profound changes experienced in the nature of terrorist offences, reflected in the unprecedented and tragic events of the 11th September 2001 highlighted the inadequacy of traditional forms of judicial and police cooperation in combating this form of criminality. The European Union (EU) adopted in 2002 a framework decision to fight more efficiently against terrorism. It contains a definition of terrorist offences, defines infringements linked to terrorist acts, covers behaviours which may contribute to such acts, approximates the level of sanctions between Member States and explicitly guarantees the respect for fundamental rights.


Article 29 of the Treaty on European Union specifically refers to terrorism as one of the serious forms of crime to be prevented and combated by developing common action in three different ways: closer cooperation between police forces, customs authorities and other competent authorities, including Europol; closer cooperation between judicial and other competent authorities of the Member States; and approximation, where necessary, of rules on criminal matters.


Before the framework decision was adopted, only 7 countries - France, Germany, Italy, Portugal, Greece, Spain and the United Kingdom - out of the 15 Member States of the European Union had specific laws to fight terrorism which varied from one country to another. In the other Member States, where no such legislation existed, terrorist acts were judged on the basis of common criminal offences. The existence of a common framework will facilitate police and judicial co-operation and ensure that terrorist acts are not punished differently in different Member States.


How is a terrorist act defined on a European level?


The framework decision of 13 June 2002 on combating terrorism, contains a definition of terrorist offences that combines two elements:


    · Objective, as it draws a list of serious offences (such as attacks upon a person's life or physical integrity, kidnapping or hostage tking, seizure of aircrafts, etc),
    · Subjective, as these acts will only be considered as terrorist offences when intentionally committed with a specific terrorist aim, as described in the framework decision.

It also defines infringements linked to terrorist activities (theft, forged documents, extortion of funds, etc.) and offences related to terrorist groups such as directing a terrorist group or participating in its activities, including by funding them in any way...


It explicitly guarantees the respect for fundamental rights such as the freedom of assembly, of association and of expression. It approximates the level of sanctions between Member States according to the principle that sentences have to be both proportional and dissuasive. To this end, different minimum maximum sentences have been set up, depending on the gravity of the offence. It contains provisions for the protection of victims of terrorist acts.


What is the scope of the European Union decision defining terrorism?


The framework decision states that the Member States will prosecute terrorist acts that take place in their own territories or on board a ship or an aircraft that is registered in that particular State.. They are also competent when the offender is one of their own nationals or residents or when a terrorist act is committed against their own institutions or people or against an institution of the European Union.. The framework decision even gives Member States the possibility of declaring themselves competent to investigate terrorist acts that have taken place on the territory of another Member State of the European Union.


When will this framework decision take effect ?


Member States were obliged to comply with the Framework Decision by 31 December 2002. On the basis of the information received from Member States and a written report from the Commission, the Council shall assess if they have taken the necessary measures to comply with this instrument.


Is the EU decision the first anti-terrorist measure to be taken at international level?


No, the first international anti-terrorist measures ever were adopted in the framework of the United Nations, where around a dozen conventions have been adopted to combat different aspects of terrorism.


However, the most significant effort was the signing of a Council of Europe Convention in 1977, in which for the first time terrorism was treated generically, in the sense it provided for a list of concrete terrorist acts


European Union plugging the gaps in the fight against terrorism
1) Legal and political background
· Treaty on the European Union. Article 29.
Official Journal C 340, 10.11.1997, pp. 145-172


TITLE VI. Provisions on police and judicial cooperation in criminal matters
Article 29 (ex Article K.1)


Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia.


That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through:
    - closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both directly and through the European Police Office (Europol), in accordance with the provisions of Articles 30 and 32;
    - closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions of Articles 31(a) to (d) and 32;
    - approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of Article 31
    - Council of Ministers of Justice and Home Affairs. Extraordinary Council. 20 September 2001.
    Measures to be taken in order to step up the fight against terrorism within the European Union
    - 11/03/2002. 1.4.2. The following European Union statement on the terrorist attacks in the United States was published at the extraordinary Council meeting on 12 September.

The Council of the European Union, meeting in special session today, in the presence of the Secretary-General of the Atlantic Alliance, expressed its horror at yesterday's terrorist attacks in the United States. The Council stressed its complete solidarity with the Government of the United States and the American people at this terrible time and extended its deepest sympathy to all the victims and their families. We ask all Europeans to observe three minutes silence on Friday 14 September 2001 at 12h00 and we also declare 14 September 2001 as a day of mourning.


These horrendous acts are an attack not only on the United States but against humanity itself and the values and freedoms we all share. The life and work of our open and democratic societies will continue undeterred.


The Union utterly condemns the perpetrators and sponsors of these acts of barbarism. The Union and its Member States will spare no efforts to help identify, bring to justice and punish those responsible: there will be no safe haven for terrorists and their sponsors.


The Union will work closely with the United States and all partners to combat international terrorism. All international organisations, particularly the United Nations, must be engaged and all relevant instruments, including on the financing of terrorism, must be implemented.


The Community and its Member States have offered to the United States all possible assistance with search and rescue operations. Discussions are underway to establish what help would be most useful.


Recalling the strong and enduring ties which exist between the European Union and the United States, the Council has asked the Presidency to stay in close contact with the Government of the United States in order to convey this message of solidarity.'


2) Political declarations
03/05/2000. 42000Y0503(01).
The prevention and control of organised crime: a European Union strategy for the beginning of the new millennium.
Official Journal C 124 , 03/05/2000 p. 0001 – 0033


3) EU legislation, main proposals and Community acts
a. EU legislation
a) Recommendations
09/12/1999. 31999Y1223(01).
Council recommendation of 9 December 1999 on cooperation in combating the financing of terrorist groups.
Official Journal C 373 , 23/12/1999 p. 0001 – 0001


b) Joint Actions and Common positions

c) Framework Decisions

d) Decisions

e) Council Acts, Action Plans and Regulations

f) Commission Regulations

b. Main proposals
27/08/2002. 52002PC0173. COM/2002/0173 final - CNS 2002/0086.
Proposal for a Council Framework Decision on attacks against information systems.
Official Journal C 203 E , 27/08/2002 P. 0109 - 0113. Decision follow-up

c. Conventions and resolutions

a) United Nations Conventions on terrorism

b) UN Resolutions
·
    Resolution 1373 of 28 September 2001 of the UN Security Council
    · General Assembly and the UN's Economic, Social Council (ECOSOC) and Office of the High Commissioner for Human Rights Resolutions

c) Other Conventions

4) Programmes financed by the Commission

5) Background documents
- Terrorism, the EU on the move. Justice and Home affairs. European Commission

On EUROPA in SCADplus (information repository on European union policies, institutional questions, dialogue with the citizens fact sheets and guides, database containing up-to-date documentary references)

·
7) Other links
    - Council of Europe. Combating terrorism
    - Terrorist financing of the FATF-GAFI (Financial Action Task Force on Money Laundering on terrorism funding of the OECD).
    · Europol. Europol is the European Law Enforcement Organisation which aims at improving the effectiveness and co-operation of the competent authorities in the Member States in preventing and combating terrorism, unlawful drugs trafficking and other serious forms of international organised crime.
    · Interpol. Interpol is the world's pre-eminent police organisation in support of all organisations, authorities and services whose mission is preventing, detecting, and suppressing crime.
    · FATF-GAFI. The page of Financial Action Task Force on Money Laundering on terrorism funding of the OECD.
    · Council of Europe. The page of the Multidisciplinary Group on international action against Terrorism (GMT).
    · OSCE. The Organization for Security and Co-operation in Europe (OSCE) is the largest regional security organization in the world with 55 participating States from Europe, Central Asia and North America. It is active in early warning, conflict prevention, crisis management and post-conflict rehabilitation.
    · NATO's contribution to the fight against terrorism.
    · G8 Counter-Terrorism Cooperation since September 11 (Backgrounder)
    · UNODC. The page of the United Nations Office on Drugs and Crime (OSCE) which covers the Global Programme against Terrorism
    · Lyon Group on organised crime.
    The so-called "Lyon Group" is a group of senior experts in transnational organised crime that has been engaging in technical and legal issues to combat transnational organised crime. It has produced best practice documents and recommendations that the G8 countries commit to and commend as inspiration to all States. . More information on the French G8 Presidency in 2003

15-03-04 : EU counter terrorism efforts in the field of Justice and Home Affairs
Information or context about counter-terrorist measures within the Justice and Home Affairs sphere may be found on this website through the following hyperlinks : terrorism, European Arrest Warrant, money laundering and the freezing of the proceeds of crime, Eurojust and cross-border prosecutions, cybercrime, Europol, Police Chief's Task Force, management of EU's external borders (a subweb), the fight against organized transnational crime, visa policy, Justice and Home Affairs in the EU's external relations. Each web page contains a left-hand side menu containing associated themes and sub-themes and a right-hand side menu with links to the relevant documentation, web sites etc. (more).


12-03-04 : Terrorism - the state of play at EU level
Spain suffered a terrorist attack on 11 March 2004. The European Union adopted in 2002 a framework decision to fight more efficiently against terrorism. It contains a definition of terrorist offences, defines infringements linked to terrorist acts, covers behaviours which may contribute to such acts, approximates the level of sanctions between Member States and explicitly guarantees the respect for fundamental rights (more).
http://europa.eu.int/comm/justice_home/news/intro/news_intro_en.htm


Déplacement de Dominique PERBEN à Bruxelles


Dominique PERBEN, Garde des Sceaux, Ministre de la Justice se rendra, vendredi 19 mars, à Bruxelles au Conseil extraordinaire Justice et Affaires intérieures consacré à la lutte contre le terrorisme au sein de l’Union Européenne. Un point de presse sera organisé à l’issue de cette réunion.


http://www.justice.gouv.fr/presse/com160304.htm

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