Projet de protocole du Conseil de l'Europe
contre le racisme et la xénophobie
(en liaison avec la
Convention sur la cybercriminalité)Voir aussi notre dossier complet sur cette Convention
Attention : document du Conseil de l'Europe, mis en ligne par IRIS, qui a pu se le procurer
Strasbourg, 13 décembre 2001
Committee of Experts on the Criminalisation
of Acts of Racist of Xenophobic Nature
committed through Computer Networks
SPECIFIC TERMS OF REFERENCE
1. Name of the Committee: COMMITTEE OF EXPERTS ON THE CRIMINALISATION ACTS OF A RACIST OR XENOPHOBIC NATURE COMMITTED THROUGH COMPUTER NETWORKS (PC-XR)
2. Type of the Committee: Committee of Experts
3. Source of terms of reference: European Committee on Crime Problems (CDPC)
4. Terms of reference:
- The CDPC adopted in June 2001 the draft Convention on cybercrime and transmitted it to the Committee of Ministers with a view to its adoption and opening for signature. This instrument is aimed at the co-ordinated criminalisation of certain offences committed against or through computer networks and provides for the adoption of criminal procedure and international co-operation measures to combat this form of criminality. However, the Convention does not deal with the issue of the criminalisation of behaviour which consist in the dissemination of messages or material of racist or xenophobic nature through computer networks. This issue was left out from the mother-Convention because some delegations expressed strong concern about including such a provision inter alia on freedom of expression grounds. It was therefore decided to draw up an additional Protocol to the present Convention on this issue.
- Many States have already criminalised certain acts related to racist or xenophobic content. However, the dissemination of such material through computer networks poses even greater challenges for law enforcement. It is thus necessary to adopt a co-ordinated approach which enables an effective domestic and international response, based on common elements to be included in an additional Protocol to the Convention on cybercrime. This Protocol would entail an extension of the Convention's scope, including its substantive, procedural and international cooperation provisions, so as to cover also offences of racist or xenophobic propaganda. Thus, apart from harmonising the substantive law elements of such behaviour, the Protocol would improve the ability of the Parties to make use of the means and avenues of international cooperation set out in the mother-Convention in this area.
- The Committee's terms of reference are as follows:
Taking into account the Convention on cybercrime as well as other relevant legal instruments within the Council of Europe and other international fora, and with due regard to applicable principles of human rights and liberties, such as freedom of expression, to examine the following subjects with a view to their possible inclusion in a draft additional Protocol to the Convention on cybercrime:
i) The definition and scope of elements for the criminalisation of acts of a racist or xenophobic nature committed through computer networks, including the production, offering, dissemination or other forms of distribution of materials or messages with such content through computer networks;
ii) The extent of the application of substantive, procedural and international co-operation provisions in the Convention on cyber-crime to the investigation and prosecution of the offences to be defined under the additional Protocol;
The Committee should prepare, on the basis of the items referred to above, a draft additional Protocol, a binding legal instrument open to the signature and ratification of Contracting Parties to the Convention on cyber-crime.
5. Membership of the Committee:
- - one expert appointed by the Government of each of the following Council of Europe member States: Albania, Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom;
- as well one expert appointed by the Government of each of the non-member States having participated in the drafting of the Convention on cyber-crime,
it being understood that:
a1. the experts appointed by the following States participate at the Council of Europe expense: Albania, Austria, Bulgaria, Czech Republic, France, Finland, Greece, Hungary, Latvia, Lithuania, Netherlands, Romania, Russian Federation, Slovakia, Slovenia, Spain
a2. The experts from the remaining States participate at their own expense.
as well as a scientific expert.
- The Council of Europe's budget bears the travel ans subsistence expenses of one expert from each of the member States mentioned under a1 above as well as those of the scientific expert.
- Members' desirable qualifications: public officials dealing with xenophobic or racist content or computer crime cases, experts having conducted research in this field; persons appointed should also have international experience in the fight against racism and/or in the computer crime area. Members of previous Council of Europe expert committees on computer-related crime would be preferable.
- The Commission of the European Communities and the Secretariat General of the Council of the European Union may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.
- The Bureau of the CDPC may authorise the admission of other observers to the Committee.
6. Working structures and methods: -
These terms of reference will expire on 30 April 2002.
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