COUNCIL CONSEIL OF EUROPE DE L'EUROPE

COMMITTEE OF MINISTERS

CONFIDENTIAL CM/Del/Concl (85) 383

CONCLUSIONS

OF THE 383rd MEETING

OF THE MINISTERS' DEPUTIES

HELD IN STRASBOURG

FROM 9 TO 11 APRIL 1985

STRASBOURG

CONFIDENTIAL - i - CM/Del/Concl(85)383

SUMMARY

Page

1. Adoption of the Agenda 5 Political and General Policy Questions 2. Consultative Assembly: a. Third part of the 36th Ordinary Session (Strasbourg, 28 January - 1 February 1985) - Parliamentary questions for oral answer by the Chairman of the Committee of Ministers 7 b. Texts adopted by the Standing Committee (Paris, 22 March 1985) 9 c. Texts adopted previously (Assembly Recommendations 992 on the Conference "North-South: Europe's role" (Lisbon, 9-11 April 1985) and 1005 on the Conference on Security and Co-operation in Europe and Human Rights (draft Convention)). 11 3. Committee of Ministers - Preparation of the 76th Session (24-25 April 1985) 15 4. Relations with Latin America 19 5. CSCE - Budapest Cultural Forum 21 6. Working methods of the Council of Europe - Report of the Ministers' Deputies' working party 23 7. Liaison Committees of the Council of Europe and the OECD - Joint Session of 27 February 1985 - Report drawn up by the Chairmen of the two Liaison Committees 25 CONFIDENTIAL CM/Del/Concl(85)383 - ii -

8. Conferences of Specialised Ministers 29 9. Situation in Cyprus 31 Human Rights 10. Dores and Silveira against Portugal - Decision to be taken under Article 32 of the European Convention on Human Rights 33 11. Neubeck against the Federal Republic of Germany - Decision to be taken under Article 32 of the European Convention on Human Rights 37 Legal Questions 12. Ad hoc Committee of experts on ethical and legal problems relating to human genetics (CAHGE) - Report of the 3rd meeting (Strasbourg, 29 January - 1 February 1985) 39 Education, Culture and Sport 13. European Cultural Centre, Delphi 43 Environment and Local Authorities 14. Draft Convention for the Protection of the Architectural Heritage of Europe - Letter from the President of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) 45 15. Preparation of forthcoming meetings 47 16. Other business a. Dialogue with the Secretary General 49 b. Problems of accommodation for the European Court of Human Rights and its Registry, the European Commission of Human Rights and its Secretariat and the Directorate of Human Rights 57 c. European Court of Human Rights - Election of a Judge in respect of Luxembourg 59 CONFIDENTIAL - iii - CM/Del/Concl(85)383

d. Recommendation No. R(85)...on legal duties of doctors vis-à-vis their patients - Re-opening of the discussion 61 e. Second Conference of European Ministers of Health (Stockholm, 16-18 April 1985) 63 f. Informal meeting of European Ministers of Justice (Edinburgh, 14 June 1985) 65 g. Invitation to the Chairman (at B level) of the Stimulating Committee on Information to address the Assembly's Committee on Parliamentary and Public Relations 67

APPENDIX 1 383rd meeting of the Ministers' Deputies (A level) (Strasbourg, 9-11 April 1985) - Agenda a1 APPENDIX 2 Provisional agenda for the 76th Session of the Committee of Ministers, to be held on Thursday 25 April at the Council of Europe Palais de l'Europe, Strasbourg a5 APPENDIX 3 384th meeting of the Ministers' Deputies (A level) (Strasbourg, 2-3 May 1985) Draft agenda all APPENDIX 4 Resolution DH(85)7 on Application Nos. 9345/81 (item 10) and 9346/81 concerning Dores and Silveira against Portugal a15 APPENDIX 5 Resolution DH(85)8 on Application No. 9132/80 (item 11) concerning Neubeck against the Federal Republic of Germany a17

CONFIDENTIAL - l - CM/Del/Concl(85)383

The 383rd meeting of the Deputies was opened at 3 pm on Tuesday, 9 April 1985, under the Chairmanship of Mr G. Knackstedt, Deputy for the Minister for Foreign Affairs of the Federal Republic of Germany.

PRESENT AUSTRIA Mr. H.G. Knitel Mr. N. Scherk BELGIUM Mr. J.R. Vanden Bloock Mr. P. Jottard Mr. J. Aelvoet CYPRUS Mr. A. Pouyouros Mr. N. Yiannakis DENMARK Mr. E.V. Quaade Mrs. J. Rechnagel FRANCE Mr. H. Ourmet Mr. B. Widemann Mr. D. Labrosse FEDERAL REPUBLIC OF GERMANY Mr. G. Knackstedt, Chairman Mr. H. Weisel GREECE Mr. N. Diamantopoulos, Vice-Chairman Mr. D. Constantinou Mrs. D. Mavroskelidi ICELAND IRELAND Mr. M. Flynn ITALY Mr. P.M. Antici Mr. A. Graffini Mr. L. Pivano LIECHTENSTEIN HSH Prince Nicholas of Liechtenstein LUXEMBOURG Mr. J. Hostert MALTA NETHERLANDS Mr. C. Schneider Mr. P.H. Le Clercq NORWAY Mr. R. Knoph Mr. L.A. Ulland CONFIDENTIAL CM/Del/Concl(85)383 - 2 -

PORTUGAL Mr. J. Pereira Bastos Mr. C. Pais SPAIN Mr. F. Baeza Mr. M. Viturro Mr. N. Ferrer Colom SWEDEN Mr. B. Arvidson Mr. F. Svedäng SWITZERLAND Mr. T. Raeber Mrs. R. Ledergerber TURKEY Mrs. F. Dinçmen Mr. S. 'Özsoy Mr. K. Gür UNITED KINGDOM Mr. C.D. Lush Miss A. Stoddart CONFIDENTIAL - 3 - CM/Del/Concl(85)383

At the end of the meeting the Representative of Greece, speaking as Vice-Chairman, on behalf of the Committee thanked Mr Knackstedt, who was acting as Chairman of the Ministers' Deputies for the last time. He had taken up the office of Chairman at the same time as that of Permanent Representative of the Federal Republic of Germany, and so had not had the opportunity of becoming familiar with the Committee's working methods through a term of office as Vice-Chairman. His experience as a journalist and diplomat had helped him to make good the shortcoming, however, and his dynamism and enthusiasm had proved immensely valuable for the work of the Committee. When he had taken up the office of Chairman he had said that he would like to make the Committee's work speedier and more efficacious, and had applied himself successfully to that task. He thanked Mr Knackstedt on behalf of all his colleagues and wished him every success in the ministerial session. The Secretary General, addressing Mr Knackstedt, referred to the period when he had made his acquaintance when he was serving as Ambassador of the Federal Republic of Germany in Madrid, at a difficult moment in the history of Spain. He had then had occasion to appreciate his commitment to the service of his country and international relations. He had consequently taken the assumption of office of Chairman of the Ministers' Deputies, virtually upon his arrival in Strasbourg, in his stride, dedicating to the task his sense of politics and humour. The experience had been an enriching one for him, he concluded. The Chairman thanked the Vice-Chairman and the Secretary General, thanking at the same time his colleagues and the Secretariat for their co-operation. His term of office as Chairman had provided him with the opportunity to familiarise himself with the Organisation's activities immediately. He had been anxious to change the Committee's working habits so as to achieve greater efficiency; if he had not been wholly successful here, he regretted it and once more appealed to his colleagues to use their best endeavours in that direction. He concluded by wishing the future Chairman, Mr Diamantopoulos, every success. Votes ad referendum 382/5 European cultural identity Draft Resolution The approval of the decision to submit the draft Resolution on European cultural identity for adoption to the 76th Session of the Committee of Ministers given by the delegation of France ad referendum could be regarded as having been confirmed, in the absence of any indication to the contrary on the part of that delegation.

CONFIDENTIAL - 5 - CM/Del/Concl(85)383 Item 1

1. ADOPTION OF THE AGENDA

The Representative of Turkey said that as far as item 9 was concerned (Situation in Cyprus) the position of his delegation remained unchanged with regard to both the substance and the form. Decision The Deputies adopted the agenda for their 383rd meeting (9-11 April 1985 - A level) as it appears at Appendix 1 to these Conclusions.

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2. CONSULTATIVE ASSEMBLY a. Third part of the 36th Ordinary Session (Strasbourg, 28 January - 1 February 1985) Parliamentary questions for oral answer by the Chairman of the Committee of Ministers (Concl(85)382/2, AS(36)CR 25 and Add.)

Question No. 28 on introduction of compulsory visa requirements for Turkish nationals The Representative of Turkey said that her delegation interpreted the reply given by the Chairman of the Committee of Ministers to this question in the light of the conclusions reached and the decisions taken by the Deputies at their 379th meeting (January 1985, item 26). Question No. 32 on the Draft of a European Convention against torture In reply to the Representative of Switzerland, the Chairman said that the attention of the Steering Committee for Human Rights (CDDH) would be drawn to the reply given by the Chairman of the Committee of Ministers to this question.

The Representative of Sweden, noting that 34 questions had been put to the Chairman of the Committee of Ministers at the 3rd part of the 36th Ordinary Session of the Assembly, thought that on future occasions Chairmen of the Committee of Ministers should endeavour to devote, as far as possible, more time to replying to the parliamentary questions put by the members of the Assembly. The Chairman agreed with the Representative of Sweden.

CONFIDENTIAL - 9 - CM/Del/Concl(85)383 Item 2b b. Texts adopted by the Standing Committee (Paris, 22 March 1985)

Opinion No. 121 (1985) on the 8th period of supervision of the application of the European Social Charter

Decision The Deputies agreed to examine Assembly Opinion No. 121 at their 385th meeting (13-15 May 1985) together with Conclusions VIII of the Committee of Independent Experts and the 8th report of the Governmental Committee of the Charter (T-SG(84)17).

Opinion No. 122 (1985) on the texts adopted by the 19th Session of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) (Strasbourg, 16-18 October 1984)

Decisions The Deputies 1. agreed to proceed to a preliminary examination of Assembly Opinion No. 122 on the texts adopted by the 19th Session of the CLRAE (see CM(84)236) at their 385th meeting (13-15 May 1985); 2. agreed to revert to the examination of this item at A level at their 387th meeting (June 1985) during the hearing which they will have with Mr J. Winther, President of the CLRAE.

CONFIDENTIAL - 11 - CM/Del/Concl(85)383 Item 2c c. Texts adopted previously (Assembly Recommendations 992 on the Conference "North/South: Europe's role" (Lisbon, 9-11 April 1985) and 1005 on the Conference on Security and Co-operation in Europe and Human Rights (draft Convention))

Draft reply to Assembly Recommendation 992 on the Conference "North/South: Europe's role" In reply to a question put by the Representative of Switzerland, the Director of Political Affairs proposed the following rewording of the last sentence of the draft reply prepared by the Secretariat : " the Ministers' Deputies will deal, at a later stage, with the question of the cultural dimension of the North/South dialogue and a possible exchange of views on this matter with the participation of experts from national capitals." In reply to the Representative of Italy, who wondered if that part of the draft reply which referred to the possibility of a joint Council of Europe/European Community project for a European public campaign on North/South interdependence could have more nuance, the Director of Political Affairs said that contacts had already been established on this matter with the Commission of the European Communities which had manifested its interest in participating together with the Council of Europe in the organisation of a public campaign. Draft reply to Assembly Recommendation 1005 (1985) on the Conference on Security and Co-operation in Europe and Human Rights The Representative of Austria said that reference should also be made in the second paragraph of the draft reply to the Berne meeting on human contacts. In reply to the Representative of Belgium, the Chairman said that the last paragraph of the draft reply clearly indicated that the aim of the Ottawa meeting was not to make proposals with a view to the adoption of new instruments but rather to obtain practical and concrete measures through exchanges of views. CONFIDENTIAL CM/Del/Concl(85)383 - 12 - Item 2c

The Representative of Belgium said that in the light of the Chairman's reply the first line of the last paragraph should read as follows : "At the Ottawa meeting the aim will not be to make proposals (the rest unchanged) ". The Representaive of Ireland said that efforts should be made in order not to give the impression to the East European countries that tactics were being prepared by the Council of Europe member States as a bloc on the eve of the Ottawa meeting. The Director of Political Affairs said in the opinion of the Secretariat the wording of the last paragraph of the reply could not be considered as an appeal in favour of common tactics or a joint stand on the part of the Council of Europe itself or its member States as a Council of Europe group. Decision The Deputies adopted the following replies to Assembly Recommendations 992 and 1005: 1. Assembly Recommendation 992(1984) on the Conference "North/South: Europe's role" "At its 75th Session (21 and 22 November 1984) the Committee of Ministers considered the Final Declaration adopted by the Conference held in Lisbon in April 1984 under the Assembly's auspices on the subject "North/South: Europe's role". The Ministers expressed their conviction that the Council of Europe has a duty to make its specific contribution to promoting North/South relations and took the view that European public opinion should be made more aware of North/South interdependence. They instructed their Deputies to prepare proposals on practical follow-up to Assembly Recommendation 992, to which the Lisbon Declaration of the Conference "North/South: Europe's role" is appended. On 23 May 1985 the Ministers' Deputies will be holding an exchange of views with the participation of experts from national capitals on the following subjects as part of their political dialogue on North/South questions : - Identification of Europe's specific contribution to the North/South dialogue; - the question of human rights in relation to development co-operation; - Public campaign on North/South interdependence. With regard to the European public campaign, the Ministers' Deputies were informed of the activities of the Assembly's sub-committee responsible for promoting the implementation of the Lisbon Declaration and of its working party responsible for drawing up a plan for the European public campaign. The Council of Europe/OECD Liaison CONFIDENTIAL - 13 - CM/Del/Concl(85)383 Item 2c

Committees also considered this matter at their recent joint meeting (27 February 1985). At their next meeting (2 and 3 May 1985) the Ministers' Deputies will begin an examination of the organisation and financing of such a campaign, which might take the form of a joint Council of Europe/European Community project. Referring to a passage in the speech made to the Assembly on 30 January 1985 by Mr H-D. Genscher, Chairman of the Committee of Ministers and Minister for Foreign Affairs of the Federal Republic of Germany, the Ministers' Deputies will deal, at a later stage, with the question of the cultural dimension of the North/South dialogue and a possible exchange of views on this matter with the participation of experts from national capitals." 2. Assembly Recommendation 1005(1985) on the Conference on Security and Co-operation in Europe and Human Rights "The Committee of Ministers shares the concern expressed by the Assembly in paragraph 9 of its Recommendation 1005, where it is recalled that "...the common obligation of all European States within the framework of the CSCE (is) to endeavour unilaterally, bilaterally or multilaterally to secure the general implementation of the human rights provisions of the Helsinki Final Act". At the 75th Session of the Committee of Ministers (21 and 22 November 1984) the Ministers underlined the great significance, in the framework of the CSCE process, of such meetings as the Ottawa meeting on human rights questions, the Budapest Cultural Forum and the Berne meeting on human contacts. They asked their Deputies to continue their exchanges of views, with the participation of national experts, on the various aspects of the CSCE process. Prospects for the Ottawa meeting on human rights were one of the subjects of the discussion on the CSCS process at the Foreign Ministers' special meeting in Strasbourg on 29 January 1985. On 26 March 1985 the Ministers' Deputies held an exchange of views, with the participation of experts, on preparations for the Ottawa meeting on human rights. The Assembly's Recommendation 1005 was in the file for that meeting, and the participants took note of it with interest, including the draft Convention for the protection of the exercise of human rights and fundamental freedoms. In this connection reference was made to the Declaration on Human Rights in the World at Large, adopted at the First European Ministerial Conference on Human Rights (Vienna 19 and 20 March 1985). In the preamble to the Declaration, the Ministers recognised "the valuable contribution of individuals and independent humanitarian non-governmental organisations to the protection and promotion of human rights and fundamental freedoms, as well as the duties of governments in this respect". At the Ottawa meeting the aim will not be to make proposals with a view to the adoption of new instruments but rather to obtain practical and concrete measures capable of contributing to the effective implementation of undertakings in the human rights field deriving from the existing texts, namely the Helsinki Final Act and the Concluding Document of the Madrid meeting."

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3. COMMITTEE OF MINISTERS Preparation of the 76th Session (24-25 April 1985) (Concl(85)382/3, CM(85)50, 73, 81, 86, 88, 89, 90, 91, 92 and 100)

Provisional agenda for the 76th Session of the Committee of Ministers (CM(85)86) The progress of European construction - item 2(a) of the provisional agenda (CM(85)96) The Representative of Switzerland wondered if item 2(e) of the provisional agenda of the 76th Session, ie "improved preparation of the political dialogue", would remain as a separate sub-item under item 2 or be discussed under sub-item 2(a) ("the progress of European construction, ... ") taking into account the document presented by the Secretary General on this matter (CM(85)96). Would it also be discussed at the informal meeting of Ministers as well as at the meeting of Political Directors? The Representative of Sweden had no objection to sub-item 2(e) being discussed under 2(a). He thought that it would also be useful to have this matter on the agenda of the Political Directors. The Representative of Belgium agreed with his colleagues that sub-item 2(e) should not appear separately on the provisional agenda, but might possibly be considered under 2(a). The matter was not in fact yet ripe for discussion. Furthermore, his delegation felt that its wording: "improved preparation of the political dialogue" did not cover all the aspects of the problem and that the notion of the organisation of the dialogue should be included. The Representative of Austria welcomed the proposals made by the Secretary General in CM(85)96 and thought that the Ministers should examine them first and the Deputies should subsequently examine them further. The Representative of Norway thought that it would be premature to have the proposals examined at ministerial level as a separate item; he agreed with the Representative of Sweden that the Political Directors should examine them. The Secretary General stressed the importance of the proposals being examined in the appropriate context. He was therefore in favour of a thorough examination by the Deputies. The Representatives of Italy, Luxembourg, Norway, Sweden and Austria expressed their agreement with the Secretary General. CONFIDENTIAL CM/Del/Concl(85)383 - 16 - Item 3

The Representative of Italy was against holding detailed discussions by the Ministers or by the Political Directors on these proposals; the Secretary General could draw the Ministers' attention to the matter and the latter could subsequently entrust the Deputies with the task of a further examination of the proposals. The Representative of Switzerland thought that the organisation of the political dialogue was an affair that concerned not only the Deputies but also the authorities in the capitals; it was necessary to motivate the ministries and the Political Directors on this matter. The Deputy Secretary General or the Political Director of the Council of Europe could address the meeting of Political Directors with a view to explaining to them the situation with regard to implementation of Committee of Ministers Resolution (84)21 adopted at the 75th Session on 21 November 1984, on the Council of Europe action in the political field. The Secretary General himself could address the Ministers on this matter who would subsequently give a mandate to the Ministers' Deputies to further examine the organisation of the political dialogue. The Chairman summed up discussions on this matter by saying that the Committee of Ministers would give consideration to the question of the improved organisation of political dialogue under item 2(a) of their agenda and subsequently give a mandate to the Deputies to examine further the proposals set out in CM(85)96. East-West relations - item 2(b) of the provisional agenda

The Director of Political Affairs recalled that at the 382nd meeting of the Deputies (March 1985, item 5) under the item "European cultural identity" the Representative of France had approved the decision concerning the draft Resolution on European cultural identity ad referendum. In view of the fact that no news had reached the Secretariat since then, it was now understood that the French delegation had no objection to submitting this draft to the Ministers for consideration. Latin America - item 2(d) of the provisional agenda In reply to a question from the Representative of Ireland, the Director of Political Affairs said that the Ministers' files would also include an extract from the texts adopted at the 2nd Conference of European Ministers of Health (Stockholm, 16-18 April 1985) concerning possible assistance to Central American countries in the health field (see Concl(85)382/41h). Human rights - item 3 of the provisional agenda In reply to a question from the Representative of Belgium, the Director of Political Affairs said that the texts adopted by the Ministerial Conference on Human Rights in Vienna in March 1985 would be included in the Ministers' files and the Secretary General might wish to comment on them. Reference would also be made to this matter in the annotated provisional agenda for the 76th Session. CONFIDENTIAL - 17 - CM/Del/Concl(85)383 Item 3 Terrorism - item 4 of the provisional agenda In reply to a question from the Representative of Italy, the Director of Political Affairs said that the annotated provisional agenda for the 76th Session would make reference to the proposals made by the ad hoc multidisciplinary working party of senior officials responsible for questions relating to the combat of terrorism in paragraph 17 of its report to the Committee of Ministers (CM(85)73). Informal meeting of Ministers (24 April 1.985 - 6 pm) The Representative of the Federal Republic of Germany said that his Minister proposed the following items for discussion at the informal meeting of Ministers: - East-West relations - the Middle East - Latin America. The Representative of Sweden noted that the themes proposed for the informal meeting of Ministers constituted the traditional items of previous informal meetings of Ministers. Meeting of the Political Directors (24 April 1985) - 6 pm The Representative of Italy, in his capacity as the representative of the country holding the Presidency of the Council of the European Communities, said that the themes proposed by the Ten for the meeting of Political Directors were the same as those proposed for the informal meeting of Ministers, namely East-West relations, the Middle East and Latin America. The Representatives of Sweden and Switzerland regretted that once again the same items would be discussed at the same time both by Ministers (at the informal meeting) and by the Political Directors. They requested that the question of the organisation of the Political Dialogue also be placed on the agenda of the Political Directors so as to enable them to be informed either by the Deputy Secretary General or by the Political Director of the Council of Europe of the proposals made by the Secretary General in CM(85)96. The Representative of Belgium felt that the regret expressed by the Representatives of Sweden and Switzerland proved that there was an urgent need for improved organisation of the political dialogue. He did not consider however that the Political Directors should become involved at that stage in the question of the modalities of the political dialogue which were firstly the responsibility of the Ministers and the Deputies, who should accordingly discuss them before the question was brought to the Political Directors. The Representative of Italy agreed with the Representative of Belgium. He said that he would transmit to his authorities in Rome the wish expressed by the Representatives of Sweden and Switzerland to include other items on the agenda of the Political Directors. CONFIDENTIAL CM/Del/Concl(85)383 - 18 - Item 3

The Representative of Ireland noted that the non-members of the European Community could propose including any substantive item on the agenda of the Political Directors but he thought that the question of improved preparation and/or organisation of the political dialogue was not really a substantive issue to be included on the agenda of the Political Directors at that stage. The Secretary General said that he would make a reference to his proposals for organising the political dialogue when addressing the Ministers during their informal meeting; the Political Directors could be informed of this by the Deputy Secretary General and/or the Director of Political Affairs. The Deputies could then engage in a thorough examination of the proposals with a view to taking decisions and making recommendations to Ministers. Decision The Deputies approved the provisional agenda and the annotated provisional agenda for the 76th Session of the Committee of Ministers, as they appear at Appendix 2 to these Conclusions. CONFIDENTIAL - 19 - CM/Del/Concl(85)383 Item 4

4. RELATIONS WITH LATIN AMERICA (Concl(85)381/7, (85)382/41h, CM(85)94)

The Representative of Spain welcomed the memorandum by the Directorate of Political Affairs containing proposals for action to be taken by the Council of Europe in connection with Latin America. In particular, he was delighted that the question of support for the priority health programme for the Central American countries had been included in the agenda for the Conference of European Ministers of Health, to be held in Stockholm from 16 to 18 April 1985. Moreover, he hoped that the Council of Europe would be represented at the meeting to be held in Madrid in October 1985, which would be attended by top-level representatives from the countries of the Contadora Group, European countries supporting them, the Central American states and Panama, the Spanish authorities, the Ministers for Health and Development of the countries concerned and the Ibero-American Institute in Madrid, and representatives from the WHO PAHO, Unicef and other United Nations agencies. The Conference would last three days. The first day would be devoted to general political discussion and the other two to technical debates which should, inter alia, lead to the institution of regular co-ordination arrangements. The Representative of Spain would provide further details on the subject at a later date. Summing up, he welcomed the steps that had been taken in the health field, but hoped that efforts to support Latin America would be extended with a view to promoting respect for human rights, for non-interference in countries' domestic affairs and for national sovereignty. The crisis in Central America stemmed much more from under-development than from the alleged confrontation between blocs. The Chairman observed that the consensus was that a detailed discussion of the various proposals set out in document CM(85)94 should be postponed to a forthcoming meeting, although there was no objection to the Secretary General's making immediate contact with the institutes in Madrid and Rome responsible for relations with Latin America so that letters could be exchanged, and that it was agreed in principle that the Europe/Latin America Colloquy on "Democracy and démocratisation in Latin America", scheduled to be held in 1986, should take place. Decisions The Deputies agreed 1. to authorise the Secretary General to contact the Madrid and Rome Institutes for relations with Latin America with a view to concluding exchanges of letters based on the draft presented at Appendix IV to CM(85)94, and to report back; 2. to resume consideration of relations with Latin America at one of their forthcoming meetings.

CONFIDENTIAL - 21 - CM/Del/Concl(85)383 Item 5 5. CSCE Budapest Cultural Forum (Concl(85)381/5)

The Representative of the Federal Republic of Germany stressed the importance of the Budapest Cultural Forum within the CSCE process. It needed careful preparation at both the bilateral and the multilateral levels. To hold another exchange of views on CSCE within the Council of Europe and in particular on the Budapest meeting, with the participation of experts from the capitals, was therefore most appropriate. His delegation would prefer such an exchange of views to be organised before the summer holidays. The Representatives of the Netherlands, Norway, Switzerland, Austria, the United Kingdom, Denmark and France agreed that an exchange of views on the preparation of the Budapest Cultural Forum should be organised, but they showed preference for a date during the month of September in good time before the opening of the Budapest meeting (15 October 1985). The Chairman ascertained that there was general agreement for the organisation of an exchange of views. Tuesday 17 September 1985 seemed to be a convenient date. He suggested that the Committee confirm this date at one of its future meetings. Decision The Deputies agreed to hold an exchange of views on 17 September 1985 with the participation of experts from the capitals on the CSCE process and in particular on the Budapest Cultural Forum (opening on 15 October 1985).

CONFIDENTIAL - 23 - CM/Del/Concl(85)383 Item 6 6. WORKING METHODS OF THE COUNCIL OF EUROPE Report of the Ministers' Deputies' working party (Concl(85)382/9, CM(85)64 and 100 and Add.)

The Representative of Sweden, in his capacity as Chairman of the Deputies' working party on the working methods of the Council of Europe, recalled that at their 381st meeting (February 1985, item 10) the Deputies had instructed the Secretariat to prepare a document to be submitted to the Committee of Ministers at the latter's 76h Session on 25 April 1985. The Secretariat had prepared CM(85)100 which contained a short document on the work undertaken by the Deputies on the working methods of the Council of Europe. The Addendum to CM(85)100 constituted a compendium of the documents that had been approved by the Deputies at their previous meetings as well as the Directive adopted in May 1984 to the steering committees and all other expert committees with programming functions. He noted that there were the following matters outstanding which should be examined by the Deputies at their future meetings: - revision of the Committee of Minister's handbook (Misc(76)50), - preparation of a manual for the members of expert committees, - preparation of a handbook on relations between the Committee - of Ministers and the Assembly, - changes to be introduced to Resolution (76)3 of the Committee of Ministers on committee structure, terms of reference and working methods, - changes to be introduced to the Appendix to Resolution (71)44 of the Committee of Ministers on Conferences of Specialised Ministers, - proposed points evaluation system in defining priorities in annual intergovernmental programmes of activities, - reimbursement of experts attending committee meetings (as well as the question of the number of experts whose expenses should be borne by the Council of Europe's budget), - budgetary considerations aimed at introducing an element of flexibility into the programme, and - engaging a private management consultancy firm. All these questions should be examined by the Deputies in due course. CONFIDENTIAL CM/Del/Concl(85)383 - 24 - Item 6

The Representative of Sweden concluded by saying that the working party of which he was the Chairman had now completed its work following the presentation of CM(85)100 and Addendum. He expressed his gratitude to the members of the working party as well as to all other delegations and to the Secretariat, which had spared no efforts in helping him in the course of the preparation of the report and the completion of the work undertaken. Finally, referring to previous examples of the kind, he wondered if the report of the working party (ie CM(84)55) could be declassified by the Deputies. The Chairman expressed his gratitude to the Representative of Sweden for the useful work done, the results of which were an ample proof of the working party's good work. He noted that there was no objection to the declassification of CM(84)55. Referring to the setting up of rapporteur groups composed of Permanent Representatives, the Chairman informed the Deputies that, in view of the fact that not all delegations had yet responded to his request for information on their interest in the various groups to be constituted, he was waiting for further replies before submitting his proposals to the Deputies. The Representative of Austria wondered when the Deputies would give consideration to the proposed points evaluation system. The Chairman recalled that the Secretary General had, during an informal meeting of the Deputies, raised the question of priorities to be established for the 1986 draft programme. He thought that it would be appropriate first to conclude the discussion on that matter. The Representative of Switzerland observed that priorities should be established on a sector-by-sector basis (rather than an activity-by-activity basis) during the preparation of draft annual programmes. Decisions The Deputies 1. agreed to submit CM(85)100 to the Committee of Ministers (76th Session - 25 April 1985); 2. agreed to declassify the report of the their working party on the working methods in the Council of Europe (CM(84)55); 3. agreed to revert to the examination of matters outstanding under this item at one of their future meetings. CONFIDENTIAL - 25 - CM/Del/Concl(85)383 Item 7 7. LIAISON COMMITTEES OF THE COUNCIL OF EUROPE AND THE OECD Joint Session of 27 February 1985 Report drawn up by the Chairmen of the two Liaison Committees (CM(85)93)

The Representative of the United Kingdom, speaking as Chairman of the Council of Europe/OECD Liaison Committee, reported on the joint meeting held by the Council of Europe and OECD Liaison Committees in Paris on 27 February 1985. Item V of the report on the meeting (CM(85)93) related to an "Exchange of letters on the future of the two committees", and Appendix III consisted of an aide-mémoire on the future role of the two committees. The aide-mémoire had been drawn up by the Chairmen of the two Liaison Committees, which had approved it. The matter had been raised by the former Chairman of the Council of Europe/OECD Liaison Committee, Mr E Winsnes (Norway), when the report of the last Joint Session of the two committees (12 December 1983) had been examined at the 368th meeting of the Deputies (March 1984, item 10e). What was at issue was the possibility of conferring greater substance on the meetings of the committees. Members had re-examined the content and range of the 1962 Arrangement between the Council of Europe and OECD, reaching the conclusion that it did not need to be changed. They preferred to lay down certain principles which should provide the basis for the two committees' working methods. The principles were set out in the aide-mémoire already referred to, one of them enjoining the committees, with the participation of Assembly Representatives, in future to consider what practical follow-up action could be taken on Assembly Recommendations which concerned matters of major and common interest to the two organisations. Three Assembly Representatives who had attended the meeting on 27 February 1985 had taken part in the discussion of topics such as "North/South relations" and "Scientific and technological co-operation". The Session would have helped in this way to improve relations between the Committee of Ministers and the Assembly. CONFIDENTIAL CM/Del/Concl(85)383 - 26 - Item 7

With more particular reference to North/South relations, the session had achieved the following: the Lisbon Declaration had been placed on the agenda for the meeting of the OECD Development Assistance Committee; OECD would take part in a seminar on youth unemployment being organised by the Assembly in September 1985; the question of OECD participation in the North/South campaign mooted by the Assembly had been raised: when the campaign was under way, the Development Assistance Committee could be brought in. In conclusion, participants had endeavoured to inject new life into the activities of the two committees. They hoped they had succeeded, and thanked the Secretariat for its assistance. Speaking on behalf of the Deputies, the Chairman thanked Mr Lush for the active work carried out by the Council of Europe/OECD Liaison Committee. The Representative of Austria wished to be associated with the comments concerning the dynamism of the last session of the Liaison Committees. The fact that a small number of items had been down for consideration and parliamentarians had taken an active part accounted for its success. Implementation of the principles set out in the aide-mémoire, coupled with a real effort towards participation by all those taking part, gave grounds to hope that encouraging developments would ensue. He felt it would be advisable for the OECD to become more deeply involved in some of the questions which following the concentration of Council of Europe activities would no longer be given priority within the latter Organisation; he had in mind matters which - going beyond the membership of the Council of Europe - concerned all industrialised States, in particular consumer protection. The Representative of Belgium welcomed the effort made by the Liaison Committees in the direction of concentration on specific themes. It emerged from the 19 March report that in the area of North/South relations the Lisbon Declaration was seen as an important document but one which had given rise to certain doubts with regard to its implementation in the OECD framework, the OECD being more concerned with the practical aspects of development aid policy. In the matter of scientific and technological co-operation, the quest for ways of intensifying co-operation between the two organisations should be noted, but it did however have its limits given the disparity of resources between the two organisations. As far as the Council of Europe's own action in this field was concerned, one could identify for the moment only the study of the implications for the protection of human rights of the development of medical sciences. CONFIDENTIAL - 27 - CM/Del/Concl(85)383 Item 7

Decisions The Deputies 1. agreed to add item II of the Report of the 27 February 1985 Joint Session of the Council of Europe and OECD Liaison Committees (CM(85)93) to their background material on the organisation of a public European campaign on North/South interdependence; 2. took note of the report of the Joint Session of 27 February 1985 of the Council of Europe and OECD Liaison Committees (CM(85)93) as a whole.

CONFIDENTIAL - 29 - CM/Del/Concl(85)383 Item 8

8. CONFERENCES OF SPECIALISED MINISTERS (Concl(85)382/10, CM(78)62, CM(84)248 and CM(85)13)

1. 3rd Conference of European Ministers responsible for Social Security (Athens)

The Secretary General recalled that this Conference would not now be held from 22 to 24 May 1985, as originally planned, but at a later date (see Concl(85)382/10). He reported that the Committee of Senior Officials responsible for the preparation of the Conference had met on 18 and 19 March 1985. It had given a final reading to the reports that were to be presented to the Conference and had prepared a preliminary draft final communiqué. 2. 3rd Conference of European Ministers of Labour (Madrid, 21-23 January 1986) The Secretary General reported that the Committee of Senior Officials responsible for the preparation of the Conference had met from 25 to 27 March 1985. The report of the meeting (CM(85)101) would be submitted to the Ministers' Deputies for consideration at one of their future meetings. It had been agreed that the Conference would be held in Madrid from 21 to 23 January 1986. Two main themes would be discussed: - "youth unemployment" and "effects of scientific and technological development on employment and working conditions". Prior to the Conference there would be a joint hearing, or two separate hearings, with the European Trade Union Confederation (ETUC) and the Union of Industries of the European Community (UNICE). 3. 7th European Conference of Ministers responsible for Regional Planning (CEMAT) (The Hague, 21-24 October 1985) The Secretary General reported that the Committee of Senior Officials had met in Strasbourg on 21 and 22 March 1985 and had continued its work in preparation for the Conference. CONFIDENTIAL CM/Del/Concl(85)383 - 30 - Item 8

The general theme of the Conference would be "The evolution of the decision-making process in spatial planning". Under this theme, there would be three ministerial reports: - an introductory report, presented by the Netherlands Minister; - a report on trends towards decentralisation, presented by the Swiss Minister; - a report on transfrontier co-operation, presented by the French Director-General for Regional Planning. The committee had also drawn up the Conference programme which would be presented to the Committee of Ministers by the Chairman of the Senior Officials, Mr Al, at a later date. The committee had held an exchange of views with Mr Jung, Chairman of the Assembly's Committee on Regional Planning and Local Authorities, with whom it had discussed the organisation of the colloquy to be held in connection with the 7th CEMAT and also of the hearing of the Chairman of the Committee of Senior Officials before the Sub-committee on Regional Planning, scheduled for 25 April 1985. The committee had also heard a statement by the Swiss delegation on the theme of the 8th CEMAT. Switzerland, which was to be host country for the forthcoming Ministerial Conference, proposed to address the subject of the protection and rational use of land. The Committee of Senior Officials would be holding its next meeting from 25-28 June 1985 in the Hague, where it would inspect the hall and facilities reserved for the October 1985 Ministerial Conference. 4. 19th Session of the Conference of European Ministers responsible for Family Affairs (Valletta, 18-20 June 1985) The Chairman reported that the Maltese Government had sent invitations to the Council of Europe members to attend the 19th Session of this Conference, which would be taking place in Valletta in June 1985. In reply to a question from the Representative of the United Kingdom, the Secretariat representative said that the Maltese Government had also invited the Holy See, Yugoslavia and Finland. CONFIDENTIAL - 31 - CM/Del/Concl(85)383 Item 9

9. SITUATION IN CYPRUS (Concl(85)382/12)

No delegation wished to make a statement under this item.

CONFIDENIAL - 33 - CM/Del/Concl(85)383 Item 10 10. PORES AND SILVEIRA AGAINST PORUTGAL Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(85)381/13, Letter HD/C84 of 9.11.83)

The Representative of Portugal made the following statement: "This delegation wishes to thank the Secretariat for the draft Resolution which has just been submitted to us. Bearing in mind, however, the fact referred to in Notes No. 5345 that 'the Secretariat itself did not feel able to depart from this model without further precise instructions from the Committee of Ministers' and that 'for its part the Committee will obviously remain master of its final decision in the matter'; Bearing in mind the fact that at the 378th meeting of this Committee the Swiss delegation put forward 'some suggestions concerning the draft Resolution the Secretariat might draw up' and proposed at the 381st meeting 'that the Secretariat should consider the possibility of including a passage in the draft Resolution alluding on the one hand to the difficulties facing Portugal at the material time, and on the other to the reforms that had been undertaken since then with regard to the administration of justice'; Bearing in mind also the fact that most delegations serving on this Committee manifested their support for the Swiss suggestions and that the Director of Human Rights himself said, at the 381st meeting, ' that as he had stated already at the 378th meeting, the Secretariat agreed with the compromise formula submitted by the Representative of Switzerland'; Bearing in mind, lastly, that in a very recent affair (Skoogström against Sweden) a Resolution was adopted by the Committee in a manner that helped the public realise why no decision had been reached; The Portuguese delegation urges the Committee that the Secretariat be asked to prepare a Resolution incorporating the elements suggested by several delegations at the 378th and 381st meetings." The Director of Political Affairs said that the draft Resolution prepared by the Secretariat and appended to the Notes was on the lines of the model approved in 1976 by the Committee of Ministers on a proposal from the Committee of Experts on Human Rights for cases in which it proved impossible to attain the majority required under Article 32 of the European Convention. The Secretariat was not in a position to change this model without indication of the wish of the Committee of Ministers to do so and of how it should be done. However, as the Chairman had said at the 381st meeting, any delegation was free to submit amendments to the draft. CONFIDENTIAL CM/Del/Concl(85)383 - 34 - Item 10

The Representative of Switzerland recalled that the compromise solution proposed by the Swiss delegation at previous meetings had been made for the eventuality that the Committee would decide that there had been a violation in this case. At the 381st meeting he had proposed that the Secretariat should consider the possibility of including a phrase in the draft referring to the reforms made in Portugal. The Representatives of the Ne t he r1and s and Norway said that their delegations had supported the Swiss proposal only if the two-thirds majority for finding a violation were attained. They were still of the opinion that there had been exceptional circumstances, but as no decision on the violation had been taken, they were in favour of the draft Resolution as prepared by the Secretariat. The Representative of Austria recalled that at the 381st meeting the Chairman had said, in conclusion of the discussions which had taken place, that the Secretariat should prepare a draft Resolution on the basis of the model drafted in 1976 by the Committee of Experts on Human Rights taking into account wherever possible the discussions, on the understanding that any delegation would be free to submit any desired amendment to the draft. Therefore he could not support a proposal to instruct the Secretariat to prepare a new Resolution. The Representative of the United Kingdom said that it was unfortunate that the Committee had not reached a decision on non- violation in this case. The delegations which had voted for finding a violation could perhaps now reconsider their vote. In his opinion the Resolution should contain a sentence underlining the exceptional situation in Portugal during the period of the facts mentioned in the Commission's report and pay tribute to the measures taken by Portugal in the matter. The Director of Human Rights said that the Secretariat had not shown a lack of objectivity in this case, it had always adopted the same attitude towards every country, considering itself as the conscience of the Committee for a good application of the spirit of the European Convention. At previous meetings he had said that the Swiss proposal was acceptable because its text included in the first operative paragraph the assertion that there had been a violation of the Convention in this case. He thought that the analogy with the Skoogström case raised by the Representative of Portugal was not founded since the Committee was now acting under Article 32 of the Convention and not under Article 54 as in that case. As for the suggestion made by the Representative of the United Kingdom, he recalled that the vote taken at the 381st meeting was a definitive one, even if it was not a satisfactory one. The Representative of Portugal recalled that the intervention of the Representative of Switzerland at the 381st meeting had been made after the Committee had voted and that this suggestion had been supported by the Representative of the Federal Republic of Germany. CONFIDENTIAL - 35 - CM/Del/Concl(85)383 Item 10

In relation to the reference made by the Representative of the Netherlands at the 381st meeting to paragraph 2 of Article 32 of the Convention, he said that his government was ready to submit reports from time to time to the Committee of Ministers on progress made, with regard to improvement of the judicial system in Portugal. He suggested that the Secretariat be instructed to prepare a new draft Resolution containing the proposal made by the Representative of the United Kingdom. The Representative of Luxembourg said that the Committee of Ministers could not be obliged to follow an opinion given by a committee of experts. He thought that if the two-thirds majority for finding a violation was not attained the country concerned should be acquitted. The Representative of Belgium said that to ask the Secretariat to modify in this particular case the model Resolution prepared by the committee of experts in 1975 would create a dangerous precedent. But it could not be denied that problems arose when the Committee of Ministers took decisions in pursuance of Article 32, and that the procedure followed at present needed improving. The Director of Human Rights said that paragraph 2 of Article 32 of the Convention mentioned by the Representative of Portugal came into play only if the Committee had decided that there was a violation. In reply to the Representative of Luxembourg, he said that at the 274th meeting the Committee of Ministers had examined the proposal of the experts and approved the model Resolution presented by them. He also recalled that it had been stated in Document DH/EXP(75)26 of the Committee of Experts on Human Rights that: "If an extensive interpretation is given, that is to say that failure to attain the two-thirds majority implies a contrario that the Convention has not been violated, this would mean that the opinion given by the Commission was contradicted by the Committee of Ministers, i.e. to some extent set aside. Now such annulment, by reason of the special powers of the Committee of Ministers, requires a statement of reasons and a majority of twelve votes since this result leads to finding that the Convention has not been violated. The function of the Convention is to protect the rights of individuals, and the Committee of Ministers is one of the supervisory organs. The vote for which provision is made in Article 32 must be interpreted in the sense which corresponds most closely to this function, that is to say restrictively." Referring to the intervention by the Representative of Belgium, he said that indeed at the recent Ministerial Conference on Human Rights in Vienna, it had been mentioned, in the report presented by the Swiss delegation, that the two-thirds majority required by Article 32 of the Convention should be modified to a simple majority. This would undoubtedly diminish all the difficulties which resulted from the present case where a two-thirds majority had not been attained either for finding a violation or for finding a non-violation. CONFIDENTIAL CM/Del/Concl(85)383 - 36 - Item 10

The Deputies proceeded to a vote on the draft Resolution appended to Notes No. 5345 which gave the following results: 15 in favour, 4 abstentions. Replying to a question from the Representative of Portugal, the Director of Human Rights said that the Commission's report could be published either for purposes of information, with the agreement of the State concerned, or published by way of sanction. In the present case publication could not be by way of sanction, since no decision had been taken to the effect that the Convention had been violated; it was therefore up to the Portuguese Government to make a pronouncement on the matter. The Representative of Portugal spoke in favour of the Commission's report being published. Decisions The Deputies 1. adopted Resolution DH(85)7 concerning Application Nos. 9345/81 and 9346/81, Dores and Silveira against Portugal, as it appears at Appendix 4 to these Conclusions; 2. authorised publication of the Commission's report. CONFIDENTIAL - 37 - CM/Del/Concl(85)383 Item 11

11. NEUBECK AGAINST THE FEDERAL REPUBLIC OF GERMANY Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(85)381/16, Letter HD/C39 of 17.5.84)

Decisions The Deputies 1. adopted Resolution DH(85)8 concerning Application No. 9132/80, Neubeck against the Federal Republic of Germany, as it appears at Appendix 5 to these Conclusions; 2. authorised publication of the Commission's report.

CONFIDENTIAL - 39 - CM/Del/Concl(85)383 Item 12

12. AD HOC COMMITTEE OF EXPERTS ON ETHICAL AND LEGAL PROBLEMS RELATING TO HUMAN GENETICS (CAHGE) Report of the 3rd Meeting (Strasbourg, 29 January - 1 February 1985) (Concl(85)382/19, CM(85)52)

The Representative of the Federal Republic of Germany was against authorising the Secretariat to provide information on the work of the CAHGE as outlined in the agenda Notes No. 5304. The fact was that the matters discussed by the CAHGE were of great interest for the public, and making majority and minority opinions known would incite the public to put pressure on delegations. The Representative of Belgium added that the members of the CAHGE were experts, not governmental representatives. Making their views known would pre-empt Governments' positions. The Representative of the United Kingdom, though understanding the position of the Secretariat, particularly in the light of the conclusions reached at the Vienna Conference on Human Rights, was against disclosing the general principles chosen by the CAHGE, the options and alternatives presented as well as the majority and minority opinions. The subject matters were not easy ones, and national authorities, especially those which held a minority opinion, when drafting legislation should not be put under undue pressure. What could be made public was information on the subjects on the agenda, and documents submitted by one delegation if it so wished. The Representative of Switzerland strongly supported the Secretariat proposal. More and more people felt concerned by the matters discussed by the CAHGE, but those people did not always possess the necessary expertise; disclosing information on the work of the CAHGE would contribute such expertise, and would render the debate among the public less emotional. The Chairman recalled that this was only one facet of the more general problem of information on the work of the Council of Europe. The Representative of Sweden felt that disclosing information on the work of the CAHGE would limit the freedom of discussions within that committee. CONFIDENTIAL CM/Del/Concl(85)383 - 40 - Item 12

The Representative of Austria proposed debating the second sentence of the first item of the conditions set out in the agenda Notes No. 5304 ("In cases . explained"). This would limit disclosure to enunciation of problems and general trends. He also supported the proposal that the CAHGE hold a hearing with the interested organisation (CM(85)52, para. 6). The Representative of Denmark wondered why, of the many activities carried on within the Council of Europe, only this one should be singled out. While being against having individual viewpoints made public, he was in favour of disclosing general information, but subject to decisions to be taken by the Committee of Ministers on a case by case basis. The Deputy Director of Legal Affairs drew attention to the importance of the matters discussed by the CAHGE for the press and for the public: a simple mention of the problems on the agenda was not satisfactory. Also, the questions debated by the public were often incorrectly framed and reference to the experience acquired by CAHGE would usefully clarify issues. Therefore, for the sake of the debate at national level, and in the interest of the Council of Europe, a bridge should be built between the Organisation and national circles; if the national experts did not do that, the Secretariat should. As set out in the second item of the Secretariat proposal, the individual positions of States would never be revealed; also it would be made clear that the opinions of the experts did not bind the governments. Concluding, he thought that the Austrian proposal constituted a reasonable compromise. The Representatives of Cyprus, France and Switzerland supported the Austrian proposal. The Representative of the United Kingdom, supported by the Representative of Belgium, considered that the Austrian proposal still went too far. Furthermore, there was a procedure under which a committee might unanimously issue a press release, and that procedure could be followed by the CAHGE. Concluding, he proposed that the first item of the Secretariat proposals in Notes No 5304 read "the information concerns the problems discussed by the CAHGE." The Representative of Italy, supported by the Representative of Portugal, was in favour of the Austrian proposal and added that the Secretariat might disclose what the position of "certain" delegations was, without saying where the majority lay. CONFIDENTIAL - 41 - CM/Del/Concl(85)383 Item 12

Replying to the Representative of Sweden, the Chairman confirmed that the Committee of Ministers would have to decide on this item by consensus. Replying to the Representative of Greece, the Deputy Director of Legal Affairs said that the CAHGE, while aware of the need to circulate some information on its work, could not agree on the ways and means of doing so. Owing to its political nature, the matter was now brought before the Committee of Ministers for decision. Replying to the Representative of the United Kingdom, the Deputy Director of Legal Affairs said that the CAHGE had tried once to issue a press release, but since unanimity within the committee was needed, and certain delegations were reluctant to issue such an official document, the outcome was very poor. On the contrary, the disclosure of information by the Secretariat would be less official and therefore help to overcome certain hesitations. He also pointed out that the Secretariat proposal would not constitute a derogation from the general rule on publicity given to the work of committees, but would only grant more power to the Secretariat with less responsibility for the CAHGE. The Representative of Denmark believed that the disclosure of information by the Secretariat would create the same problems as the disclosure of information by the committee; therefore, he supported the United Kingdom proposal. The Representative of Switzerland, pointing to paragraph 11 of document CM(85)52, stressed the need to harmonise national policies at European level : the disclosure of information on the work of the CAHGE would precisely serve this purpose. The Chairman noted that a consensus had emerged only on the term of the above United Kingdom proposal. Decisions The Deputies 1. took note of the progress made in the work of the CAHGE and the report of the 3rd meeting of the CAHGE (CM(85)52) as a whole; 2. authorised the Secretariat to provide the public with information on the work of the CAHGE, provided that - such information concerns the problems discussed by the CAHGE; - the individual positions of the States or the names of government experts are not revealed; - all information is made available under the responsibility of the Secretariat in due compliance with the need for discretion.

CONFIDENTIAL - 43 - CM/Del/Concl(85)383 Item 13

13. EUROPEAN CULTURAL CENTRE, DELPHI (Concl(85)381/30a, Part 1, 382/41a, Part 3, CM(85)75)

The Chairman said that further to the discussion at their 382nd meeting (March 1985, item 4la, Part 3), the Deputies were now required to consider: - CM(85)75 on the European Cultural Centre, Delphi, and the possibility of a meeting of the Ministers of Culture of the States signatories to the European Cultural Convention being held in Athens and/or Delphi, including the question of the topics which might be selected for such a meeting. The Representative of Greece confirmed that the Greek Minister of Culture had invited the relevant Ministers of the 23 States signatories to the European Cultural Convention to attend the events planned for 21 June 1985 in Athens, on the occasion of European Music Day. An invitation had also been sent to the Secretary General of the Council of Europe. The Representative of Austria expressed his authorities' gratitude for the invitation. He looked for a distinction to be made between the meeting of the Ministers of Culture of the member States of the European Community and the meeting of the Ministers of the 23 States signatories to the European Cultural Convention. He trusted that the host country and the Secretariat would bear this point in mind when preparing the agenda and selecting themes for the ministerial meeting. Turning to the European Cultural Centre, Delphi, he said he welcomed the Secretary General's move towards a strengthening of the vocation of the Centre as a place for encounters and dialogue, for thought, research and creation. The Council of Europe might enter into an undertaking on behalf of the Centre and appeal for extra financial support from the member States. The Council should bear in mind the scope offered by the Centre when it came to the organisation of European cultural co-operation within the CDCC. If the Council of Europe's appeals and efforts failed, consideration might be given to the possibility of the Centre being funded jointly by the Council of Europe and the European Community, as was being done with European Music Year. The Representative of Switzerland also emphasised the importance of having an agenda that was both separate and interesting, in the interests of the success of a meeting of the Culture Ministers of the 23 States signatories to the European Cultural Convention. The future of the European Cultural Centre at Delphi was indisputably an interesting agenda item, provided that the Ministers had more detailed documentation, with figures, on the proposals outlined on page 3 of CM(85)75. The agenda should also include items concerning general questions of cultural policy and co-operation in Europe. CONFIDENTIAL CM/Del/Concl(85)383 - 44 -_ Item 13

The Secretary General said it was important that there was a meeting in Athens on 21 June of the Culture Ministers of the 23. An attempt could be made at the meeting to clarify the future of the European Cultural Centre at Delphi, bearing in mind its three-fold vocation as a centre for dialogue, thought and creation. It was essential in this connection for the chairman of the Centre to work out for the meeting on 21 June next a programme on the scope for the Centre's action and operation for 1986 and the next few years. The Representative of Greece said that he had noted what his colleagues from Austria and Switzerland, and the Secretary General, had said. He emphasised the markedly European vocation of the Centre at Delphi, which could be further highlighted and clarified at the meeting in Athens on 21 June 1985. On the other hand, he wondered whether the 21 member States of the Council of Europe, or the 23 States signatories to the Cultural Convention, had supported its European vocation enough in the past. The Director of Education, Culture and Sport mentioned the Secretary General's memorandum (CM(85)75), which contained practical proposals for making the Centre a fully-fledged European Centre in Greece. The Council of Europe Secretariat was able to help the Centre in the immediate future to extend its European documentation, acting as an intermediary between the Centre and the most important libraries and documentation centres in the other member countries. What was most important, however, and what would help the Centre at Delphi really to become a place for European cultural creation, was the member States' active support, with the grant of awards to enable creative artists to spend a minimum period of three months at Delphi. In this way the Centre would become operational and develop its specific function. Decisions The Deputies 1. took note of CM(85)75 on the European Cultural Centre; 2. took note of the invitation addressed by the Greek Minister of Culture to Ministers of Culture of the States signatories to the European Cultural Convention to meet in Athens and/or Delphi on 21 June 1985. CONFIDENTIAL - 45 - CM/Del/Concl(85)383 Item 14

14. DRAFT CONVENTION FOR THE PROTECTION OF THE ARCHITECTURAL HERITAGE OF EUROPE Letter from the President of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) (Concl(85)382/35)

The Chairman said that the suggestion put forward by the President of the Standing Conference of Local and Regional Authorities of Europe (CLRAE), to the effect that its opinion should be sought on the draft Convention for the Protection of the Architectural Heritage of Europe, was liable to set a precedent. The Representative of the Netherlands said that the view of the Netherlands authorities was that the Conference's suggestion must not be put into effect. The Representative of Portugal indicated agreement with that view. The Representative of the Federal Republic of Germany said that he understood the reasons why delegations did not want to acquiesce with the Conference's request, but was in favour of an opinion being sought as requested by the Conference, provided that it was indicated that this was to be done on one occasion only and that it was not to be a precedent. The Representative of Belgium was sure that if the Conference's opinion were sought it would constitute a precedent. A further result would be a disparity of treatment vis-à-vis the Assembly. The CLRAE had had an opportunity of airing its views through its representative when the draft Convention was being prepared. It was vital, however, not to delay adopting the text and opening it for signature. The Representative of Italy said that the competences of the regions in Italy also covered the problems at issue in the draft Convention, so that the Italian authorities urged that the Conference be consulted unofficially, and on an exceptional basis. The Representatives of Norway and Denmark agreed with the viewpoints outlined by the Representatives of the Federal Republic of Germany and Italy. The Representative of Switzerland indicated sympathy with the wishes of the CLRAE but was unable to overlook the fact that a representative of the Conference had followed the work culminating in the adoption of the draft Convention. In any event it should have asked to be consulted at an earlier stage, and at the present juncture and in the present circumstances there was no reason for acquiescing with its request. CONFIDENTIAL CM/Del/Concl(85)383 - 46 - Item 14

The Representative of Spain agreed that the CLRAE's request had been presented too late. The Representative of Liechtenstein suggested that the draft Convention should be merely "placed at the disposal" of the Conference, by way of a compromise. The Representatives of Cyprus and the United Kingdom agreed with the views expressed by the Representative of Switzerland. The Chairman called for a vote on the request by the President of the CLRAE that it should be consulted on the draft Convention. The results were as follows: 5 in favour, 10 against, with 4 abstentions. CONFIDENTIAL - 47 - CM/Del/Concl(85)383 Item 15

15. PREPARATION OF FORTHCOMING MEETINGS

The Director of Political Affairs, acting as Secretary to the Committee of Ministers, said that Mr Ahrens, President of the Assembly, might wish to meet the Committee of Ministers before the mini-session, possible at the 386th meeting (29-31 May 1985). The meeting could provide the occasion for preparing the participation of the Deputies' in the mini-session of the Assembly in Hamburg during the first week of July 1985, in the form of a dialogue with the Standing Committee, or in the form of a Joint Committee meeting. He referred to the Secretary General's proposal put forward in the dialogue (item 16a) that a hearing should be arranged, by way of follow-up to the Conference of Ministers responsible for Research, with representatives of the European Science Foundation and the Commission of the European Communities, suggesting that the Deputies should examine the Secretary General's report setting out suggestions as to how the Resolutions adopted by the Conference should be put into effect, and envisage the hearing, at the 386th meeting, to be held at the end of May. In connection with the 387th meeting (end June), he said that the Secretary General would like the meeting to proceed at A level on 24, 25 and 26 June and continue thereafter at B level. It was expected that Mr Emile Noël, Secretary General of the Commission of the European Communities, would be making a visit and that the meeting would give a hearing to Mr Winther, President of the Standing Conference of Local and Regional Authorities of Europe. Decision The Deputies approved the draft agenda for their 384th meeting (2-3 May 1985 - A level), as it appears at Appendix 3 to these Conclusions.

CONFIDENTIAL - 49 - CM/Del/Concl(85)383 Item 16a

16. OTHER BUSINESS a. Dialogue with the Secretary General

1. Official visit to Austria (Vienna, 18 March 1985) The Secretary General said that on 18 March 1985 he had paid an official visit to Austria. On that occasion he had had meetings with the Federal President, Mr Rudolf Kirchschlaeger, the Federal Chancellor, Mr Fred Sinowatz, the Minister for Foreign Affairs, Mr Leopold Gratz and members of the two Houses of Parliament. Furthermore, as usual, he had visited a secondary school in Vienna. In his talks with Mr Gratz, the Secretary General had inter alia stressed the importance of the political dialogue for the Council of Europe and for implementing Resolution (84)21 on Council of Europe action in the political field. In that context he had laid emphasis on strengthening links between all member States and, if appropriate, of taking concrete action outside the framework of the Council of Europe. Various themes of political dialogue had been discussed. Other matters raised had been relations between the Council of Europe and the European Community, relations between the Committee of Ministers and the Assembly and concentration of intergovernmental activities. Mr Gratz had expressed his agreement concerning the need to concentrate the Council of Europe's activities, he had favoured paying particular attention to activities likely to interest the ordinary citizen, ie the man in the street. Referring to relations with the European Communities, Mr Gratz had said that if the Committee of Ministers were to adopt the draft Resolution on this matter at its forthcoming Session on 25 April 1985, efforts should be made by the Council of Europe to progress in the fields where the Council of Europe was competent and full use should be made of the Council of Europe's geographical dimension - indeed there was scope for going beyond the 21 with a view to establishing contacts with Eastern Europe in particular on such matters as the European cultural identity. On the question of the Council of Europe's role in the process of European unification and the political dialogue, Mr Gratz had expressed the wish that the Colombo Commission should deal with matters concerning the immediate future. He had also emphasised the need to improve the dialogue between the Committee of Ministers and CONFIDENTIAL CM/Del/Concl(85)383 - 50 - Item 16a the Assembly, in particular through the meetings of the Joint Committee and the Enlarged Joint Committee (Colloquy) between the two Organs of the Organisation. These meetings should be in the form of a real dialogue rather than a series of monologues. The Austrian Foreign Minister had welcomed the holding of a special ministerial meeting on 29 January 1985. The aim of such ministerial meetings should not always be to adopt texts, but they should be designed to enable the Ministers to have an exchange of views on any matter that was of common interest. During his meeting with members of the Houses of Parliament, the Secretary General had emphasised the need to increase the dialogue between parliamentarians who were at grips with the realities which they had to confront in their own countries. The Austrian parliamentarians had expressed their agreement with the Secretary General's plans for a major concentration of activities in the intergovernmental work programme. Amongst suggestions made had been the institution of a European ombudsman in the field of human rights. Referring to the initiative taken by Mr de Areilza, the then President of the Assembly, to hold a Strasbourg Conference on parliamentary democracy, they had said that this should be pursued and developed. The Austrian parliamentarians had also referred to the alarming problems posed by the unemployment situation, in particular the unemployment of the young. Furthermore, they had complained about the slowness with which the Committee of Ministers replied to Assembly Recommendations. The Secretary General had noted that matters relating to unemployment were being dealt with by the Assembly's Committee on Social and Health Questions. In this context, he had mentioned that efforts were being made to improve the control mechanism of the European Social Charter and had pointed out the need to associate management and labour more closely with certain intergovernmental activities of the Council of Europe. The Secretary General had also said that the question of an ombudsman could be linked with and examined in the context of the draft European Convention on the protection of persons deprived of their liberties and against torture and inhuman or degrading treatment. As regards the Strasbourg Conference on parliamentary democracy, the Secretary General had told the Austrian parliamentarians that the next Conference would probably be enlarged to enable representatives of regional groups such as the Andean Pact and ASEAN to participate. The Secretary General referred to the visit he had paid to a secondary school and said that he had noted that the level of the pupils' knowledge about the Council of Europe and its activities was very high. The questions they had put to him and their pertinence were ample proof of their interest in and knowledge about the Organisation. CONFIDENTIAL - 51 - CM/Del/Concl(85)383 Item 16a

Finally, the Secretary General expressed his gratitude to the Austrian authorities and in particular to the Permanent Representative of Austria for the excellent way in which his visit had been prepared and organised. The Representative of Austria thanked the Secretary General for the kind words, which he would not fail to transmit to his authorities. The Secretary General's visit and his contacts with the Austrian authorities had proved the Secretary General's commitment to the Council of Europe. The media had given extensive coverage to his visit which had helped to reinforce the Council of Europe's image in Austria. He expressed his gratitude to the Private Office of the Secretary General as well as to the Council of Europe's Protocol Services for the organisation of the visit. 2. Ad hoc Sub-Committee on European Union of the House of Lords Select Committee on the European Communities The Secretary General said that he had given evidence to the ad hoc Sub-Committee on European Union of the House of Lords Select Committee on the European Communities in London on 27 March 1985. The terms of reference of the Sub-Committee covered all proposals aimed at the closer integration of the member States of the European Community, notably the draft Treaty establishing the European Union and the Dooge Committee proposals, and their implications for the institutional structure of the European Community and for the United Kingdom. A measure of the importance given to the Council of Europe by the sub-committee had been the fact that he had been the second speaker to give evidence, the first speaker having been the UK member of the Dooge Committee, Mr Malcolm Rifkind. The Secretary General said that the ad hoc sub-committee had been particularly interested in: - the effect of European Union on the Council of Europe, the attitude of Spain and Portugal to European Union, - the methods of decision-taking in a more integrated European community, - additional powers of the European Parliament and relations between the Council of Europe's Assembly and the European Parliament, and - the possibility of a multi-speed Europe. The evidence he had given would be published later in the year. The Representative of the United Kingdom thanked the Secretary General for having accepted the House of Lords' invitation and for answering their questions. This was a further example of the way in which the Secretary General was improving the Council of Europe's image by stressing the contribution the Council of Europe was making to European unification. CONFIDENTIAL CM/Del/Concl(85)383 - 52 - Item 16a 3. Follow-up to the Conference of European Ministers of Research The Secretary General said that he had had a meeting, on 9 April 1985, with Professor Seibold, President of the European Science Foundation, to discuss the report prepared by the Foundation on the networks of European scientific and technical co-operation. In October 1984 the Deputies had taken note of the request made by the Foundation to submit to the Committee of Ministers concrete proposals for the reinforcement of the existing networks. It would be useful for the representatives of the European Science Foundation to present this report to the Deputies at a hearing which could take place in May when the Deputies would examine the Secretary General's report on the question as well as the report of the European Science Foundation. On that occasion, it would also be useful to hear a representative of the Commission of the European Communities which had been closely associated with the preparation of the Secretary General's report on the matter. If the Deputies agreed, invitations could be addressed accordingly to the European Science Foundation and the Commission of the European Communities. The Representative of Portugal welcomed the proposal to organise a hearing with representatives of the European Science Foundation and the Commission of the European Communities which would no doubt provide an excellent occasion for the Deputies to examine, inter alia, the concrete follow-up to be given to the Conference of European Ministers of Research. The Representatives of Austria and Switzerland also welcomed the organisation of a hearing and asked the Secretary General to transmit the report of the Foundation to delegations as soon as possible. The Chairman noted that there was agreement on the Secretary General's suggestion. 4. Activities of the Assembly a. Participation of Permanent Representatives in the meetings of Assembly committees The Secretary General recalled that at its meeting on 17 and 18 January 1985 the Assembly's Political Affairs Committee had given consideration to the attendance of Permanent Representatives at meetings of Assembly committees. That consideration had been based on the interpretation of Articles 45 and 49 of the Rules of Procedure of the Assembly. The Political Affairs Committee had reached the conclusion that the Permanent Representatives themselves were most welcome to attend meetings of Assembly committees except for special circumstances where committees wanted to meet in camera. However, the Political Affairs Committee had not in principle been favourable to the automatic presence of other diplomatic observers. The Standing Committee had approved this stand at its meeting on 22 March 1985. CONFIDENTIAL - 53 - CM/Del/Concl(85)383 Item 16a The Representative of Portugal, supported by the Representatives of Austria, Spain and Norway, failed to understand the attitude of the Assembly as regards the participation of diplomatic observers and especially Deputy Permanent Representatives in meetings of Assembly committees. The Representative of the United Kingdom thought that it was unreasonable on the part of the Political Affairs Committee to make a distinction between the Permanent Representatives on the one side and diplomatic observers who attended meetings of Assembly committees in particular outside Strasbourg. Not all meetings of Assembly committees were held in Strasbourg. One could not therefore expect Permanent Representatives to attend them; thus it was normal for members of the diplomatic service of a member State to attend meetings of the Assembly committees. In the past he had himself attended meetings of the Western European Union (WEU) in Paris - without any problems. b. Malta The Secretary General recalled that, following the decision of the Political Affairs Committee to cancel the planned visit to Malta, invitations had been extended to the government of Malta and also to the members of the opposition to attend the meeting in Paris on 1 April 1985 of the sub-committee on Malta of the Assembly's Legal and Political Affairs Committee. The leader of the opposition as well as Mr de Marco had attended the meeting but there had been no representatives present at the meeting from the government side. The Secretary General then gave a brief account of the meeting. 5. Forthcoming visits outside Strasbourg The Secretary General announced the following programme of his forthcoming visits outside Strasbourg in May: - 2 May 1985: Fribourg - 10th Europe Day at the University of Fribourg (Switzerland) - 5 - 6 May 1985: Lucerne (Europe Day) and Berne - official visit to Switzerland - 7-9 May 1985: Brussels - 14th Session of the Standing Conference of European Ministers of Education 14 May 1985: Milan - 5th Congress of the European Trade Union Confederation (ETUC) 15 May 1985: Vienna - 30th Anniversay of the Austrian State Treaty. 6. Conference of the Regions of the Mediterranean Basin (Marseilles) The Deputy Secretary General said that he had attended, from 27 to 29 March 1985, the Conference of the Regions of the Mediterranean Basin organised by the Parliamentary Assembly and the Standing Conference of Local and Regional Authorities of Europe (CLRAE) and held at Marseilles at the invitation of the Provence-Alpes-Côte d'Azur regional council. CONFIDENTIAL CM/Del/Concl(85)383 - 54 - Item 16a The Conference, devoted to environment problems, had been attended by some 200 local and regional officials from the entire periphery of the Mediterranean Basin. In addition to representatives from the Council of Europe member States, officials from practically all the southern coastal states had taken part, namely from Morocco, Tunisia, Algeria, Egypt, Syria and the League of Arab States, as well as from Yugoslavia and Israel. Most of the international organisations and science institutes concerned with the protection of the Mediterranean had also been represented. The Conference had provided an opportunity for a very open and lively dialogue on pollution in the Mediterranean and ways of combating it, notably through international co-operation. The Conference had been attended by several ministerial personalities including Mr Jean-Michel Baylet, the French State Secretary for External Relations, and it had been closed by Mr Gaston Deferre, the Mayor of Marseilles and Minister of State for Regional Planning and Development, and Mr Forte, the Italian Minister for Community Affairs. The Final Declaration adopted at the close of the Conference reviewed the state of the environment in the Mediterranean Basin and the various existing or projected bilateral and multilateral co-operation schemes. The Deputy Secretary General said that agreement had been reached on the principle of a second Conference, to be held in Andalusia, and a subsequent Conference to be held on the southern side of the Mediterranean at the invitation of the Union of Arab Towns. Reports containing the conclusions of the Conference would be submitted to the Parliamentary Assembly and to the CLRAE in due course. The Conference had been given very wide coverage by the press and the audio-visual media. The Deputy Secretary General had given several radio, television and press interviews to correspondents present at the Conference. The Deputy Secretary General made a point of conveying, through the French Ambassador, his warm thanks to the authorities of the city of Marseilles and of the Provence-Alpes-Côte d'Azur region, without whose devoted efforts the Conference would not have been such a great success. The principal lesson he had learned from this visit to Marseilles was that there were common problems which transcended political differences and that a dialogue ought always to be possible between men of goodwill. The Representative of France thanked the Deputy Secretary General for the kind words, which he would not fail to transmit to all those concerned. CONFIDENTIAL - 55 - CM/Del/Concl(85)383 Item 16a

7. "Exhibition-Dialogue on contemporary art in Europe" (Lisbon) The Deputy Secretary General said it had given him great pleasure to open, in Lisbon on 29 March 1985, the first Exhibition-Dialogue on contemporary art in Europe in the presence of numerous Portuguese personalities including the President of the Republic, Mr Eanes, and the Prime Minister, Mr Soares. The Ministers' Deputies had been represented by Ambassador Bastos, the Permanent Representative of Portugal. The Exhibition, organised by the Council of Europe jointly with the Gulbenkian Foundation, by which it was largely financed, sought to bring out the main trends in contemporary art in Europe as reflected in the collections of 8 modern art museums. It comprised some 200 works by about 80 artists acquired over the past 10 to 15 years. It was an exhibition of the first order which was bound to arouse great interest. It had attracted no fewer than 4,000 visitors during the first two days. The museums also presented their "Self Portraits", describing their status, financial situation and activities and thereby permitting a comparison for the first time. A series of Round Tables would be held to enable museum curators and staff, artists, critics and the general public to discuss the chief problems of the world of contemporary art and its relations with society. Thanks to the Gulbenkian Foundation's generous support, the public would be able to attend about a dozen live "performances" by artists of world renown. The Exhibition-Dialogue would remain open until 16 June 1985. The Deputy Secretary General expressed thanks - as he had already done in Lisbon - to the Gulbenkian Foundation and the Portuguese authorities and also to the ministries and museums of the participating countries, namely Austria, Belgium, the Federal Republic of Germany, Italy, the Netherlands, Norway and Sweden, which had contributed to the success of this great project. Thanks partly to the Secretariat, the International Committee of Modern Art Museums of ICOM (International Council of Museums) had held its annual meeting in Lisbon on the occasion of the inauguration of the Exhibition. That had given the Directors of the world's foremost modern art museums - in the United States, Europe and Eastern Europe - an opportunity to admire this Council of Europe achievement, of which many of them spoke in glowing terms. It was the Council of Europe's first notable contribution to promoting contemporary creation. It was an experiment which the Deputy Secretary General fervently hoped could be repeated. The Representative of Portugal thanked the Deputy Secretary General and expressed his gratitude to the Secretariat officials who had been responsible for the organisation of the Exhibition.

CONFIDENTIAL - 57 - CM/Del/Concl(85)383 Item 16b b. Problems of Accommodation for the European Court of Human Rights and its Registry, the European Commission of Human Rights and its Secretariat and the Directorate of Human Rights (CM(85)98)

The Secretary General briefly introduced his memorandum CM(85)98. He felt that there was a need to call in a group of specialists experienced in the provision of premises for the public service to examine the problems of accommodation of the Human Rights organs and departments and to suggest solutions to them. There may be a need to construct a new building, and it would be the task of the specialists to establish whether or not that was so, or if appropriate to propose alternative solutions. If the specialists felt that there was indeed a need for a new building, they would also be able to make recommendations with regard to the suitability of sites which the City of Strasbourg might offer to make available for the purpose. The Representative of Austria welcomed the fact that in Resolution No. 1 adopted at the European Ministerial Conference on Human Rights (Vienna, 19-20 March 1985), Ministers had given political impetus to this matter. He said that his authorities were of the opinion that the approach proposed by the Secretary General in CM(85)98 would be adequate to arrive at a viable solution as early as possible. The Representative of the united Kingdom said that he would like further information about how the specialists would be selected. He felt that it was most likely that the United Kingdom would wish to be represented on any working party. He wondered, in particular, what sort of experts would be able to make recommendations in a field which involved the details of the work of the Human Rights Court and Commission. It would seem that the permanent delegations in Strasbourg would be in the best position to provide the necessary expertise in this field, if necessary with the assistance of technical experts. The Representative of Switzerland thanked the Secretary General for having issued CM(85)98; the concrete proposals it contained would enable the Deputies to give immediate follow-up to one of the recommendations made at the Vienna ministerial conference on human rights. However, he was not at all sure that the problems to be considered by a working party were purely technical ones; there was also a political dimension to the matter, and any working party should clarify the political ideas and make recommendations to the Secretary General on that basis, although going into technical details if appropriate. Accordingly, he asked what sort of qualifications the Secretary General envisaged for the specialists, and how would they be appointed. The Chairman replied that delegations interested in proposing a specialist should so inform the Chair in writing. CONFIDENTIAL CM/Del/Concl(85)383 - 58 - Item 16b

The Director of Administration and Finance added that what was envisaged was something similar to the working party set up in 1966 by Committee of Ministers Resolution (66)21 to study the problem of Council of Europe buildings as a whole. The experts had been appointed by governments. After the Committee of Ministers had adopted the Resolution setting up the working party, the Secretary General had written to the delegations asking whether their governments desired to appoint one or more experts to the working party. Following this procedure, seven (and not five as stated in CM(85)98) experts had been appointed. They had included specialists such as architects and civil engineers, who had expertise in such matters as norms for office occupancy, etc. Some had been in charge of departments with responsibility for providing embassies with suitable buildings or for putting up buildings for international organisations. The 1966 working party had been answerable to the Committee of Ministers, as it had been the Committee of Ministers which wanted to be advised on the problem of Council of Europe installations and what the alternative solutions were. For the working party now envisaged, it would naturally be empowered to contact and consult all users of the Human Rights building. Finally, he said that if the Deputies so wished, the Secretariat could prepare a draft Resolution for consideration at their next meeting. The Representative of Switzerland referred to the terms of reference for the working party as proposed in paragraph 10 of CM(85)98, and suggested that point (c) should be expanded to read "to consider the best way of meeting these needs in the short and longer terms". Similarly he felt that under point (f) ("to determine the cost of such a plan") the working party should also be asked to make recommendations concerning possible methods of financing the project. Decisions The Deputies 1. instructed the Secretariat to prepare, for consideration at their 384th meeting (2-3 May 1985), and on the basis of the proposals made in CM(85)98 and of the discussion at the present meeting, a draft Resolution establishing a working party of specialists to study the problems of accommodation for the European Court of Human Rights and its Registry, the European Commission of Human Rights and its secretariat and the Directorate of Human Rights; 2. invited delegations interested in proposing a specialist to serve on the working party referred to under decision 1 above to so inform their Chairman in writing as early as possible. CONFIDENTIAL - 59 - CM/Del/Concl(85)383 Item 16c c. European Court of Human Rights Election of a judge in respect of Luxembourg (CM(85)104)

Decision The Deputies agreed, in accordance with Article 39 of the European Convention on Human Rights, to forward to the President of the Assembly the list of candidates and their biographical notes submitted by the Government of Luxembourg, as contained in CM(85)104.

CONFIDENTIAL - 61 - CM/Del/Concl(85)383 Item 16d d. Recommendation No. R(85).. on the legal duties of doctors vis-à-vis their patients Re-opening of the debate (Concl(85)382/21)

The Representative of Liechtenstein said that prior to adoption of Recommendation No. R(85)3 the attention of his authorities had focused only on certain aspects of his national penal law, concerning abortion in particular. Examining the Recommendation again after adoption, a major problem had arisen, concerning the limits imposed by Article 3 on the right of the doctor to refuse a medical intervention which was contrary to his conscience. At the 382nd meeting, the Deputy Director of Legal Affairs had said that "Article 4 allowed the doctor to choose the medical intervention most appropriate for the patient having regard to the state of medical art and science: if such a choice actually existed, the doctor would be able to choose the intervention not: contravening his principles". As a consequence, one could understand that if a choice of medical interventions did not exist, the doctor would be obliged to act against his conscience; this was not acceptable to the Liechtenstein authorities. It would be, as far as he knew, the first time that a Recommendation of the Council of Europe or any other intergovernmental organisation would limit the freedom of conscience in such a way. Also, one could ask whether the Recommendation was in conformity with the European Convention of Human Rights. Therefore, he proposed deletion of Article 3.2 of the Rules appended to the Recommendation and paragraph 19 of the explanatory memorandum (Appendix II to Addendum to CM(85)4). Decisions The Deputies 1. agreed to reopen their discussion on the Recommendation of the Committee of Ministers to member States on Legal Duties of Doctors vis-à-vis their Patients (Addendum to CM(85)4) which was the subject of item 21 of the agenda of their 382nd meeting (March 1985); 2. agreed to resume consideration of the Recommendation at A level at their 386th meeting (29-31 May 1985).

CONFIDENTIAL - 63 - CM/Del/Concl(85)383 Item 16e e. 2nd Conference of European Ministers of Health (Stockholm, 16-18 April 1985) (1)

The Chairman referred to the telex sent to the Deputy Secretary General by a representative of the League of Arab States in which the latter had made known the wish of the League to be represented as an observer at the 2nd Conference of European Ministers of Health to be held in Stockholm on 16-18 April 1985. The telex had been brought to the attention of the delegations. Decision The Deputies noted that there was general consent in the Committee of Ministers as to the advisability of inviting a Minister of a member State of the League of Arab States to participate as an observer at the Second Conference of European Ministers of Health (Stockholm, 16-18 April 1985).

(1) The Deputies discussed this matter at an informal session.

CONFIDENTIAL - 65 - CM/Del/Concl(85)383 Item 16f f. Informal meeting of European Ministers of Justice (Edinburgh, 14 June 1985)

The Representative of the United Kingdom referred to a letter from the Canadian authorities in which they had stated that they wished to be represented by the Minister of Justice and the Solicitor General in observer capacity at the informal Conference of European Ministers of Justice due to be held in Edinburgh on 14 June 1985. Decision The Deputies noted that there was general consent in the Committee of Ministers as to the advisability of inviting Canada to participate as an observer at the informal meeting of European Ministers of Justice (Edinburgh, 14 June 1985).

CONFIDENTIAL - 67 - CM/Del/Concl(85)383 Item 16g g. Invitation to the Chairman (B level) of the Stimulating Committee on Information to address the Assembly Committee on Parliamentary and Public Relations

The Representative of Austria said that he had received an invitation as Chairman of the Stimulating Committee (B membership) from the Committee on Parliamentary and Public Relations. He planned to accept the invitation and report on the encounter to the Deputies at the next meeting.

CONFIDENTIAL - al - CM/Del/Concl(85)383

APPENDIX 1

383RD MEETING OF THE MINISTERS' DEPUTIES (A level) (Strasbourg, 9(3pm) - 11 April 1985) AGENDA

1. Adoption of the Agenda (Notes No 5349 of 4.4.85) Political and General Policy Questions 2. Consultative Assembly: a. Third part of the 36th Ordinary Session (Strasbourg, 28 January - 1 February 1985) - Parliamentary questions for oral answer by the Chairman of the Committee of Ministers (Concl(85)382/2, AS(36)CR 25 and Add. of 27.3.85) (Notes No. 5350 of 3.4.85) b. Texts adopted by the Standing Committee (Paris, 22 March 1985) (Notes No. 5351 of 3.4.85) c. Texts adopted previously (Assembly Recommendations 992 on the Conference "North-South: Europe's role" (Lisbon, 9-11 April 1985) and 1005 on the Conference on Security and Co-operation in Europe and Human Rights (draft Convention)) (Notes No. 5352 of 3.4.85) 3. Committee of Ministers - Preparation of the 76th Session (24-25 April 1985) - (Concl(85)382/3, CM(85)50, 73, 81, 86 of 28.3.85, 88 of ... , 89 of 4.4.85, 90 of ... , 91 of ... , 92 of 29.3.85, 96 of . , 100 of 2.4.85, 109 of 12.4.85 and 110 of 12.4.85) (Notes No. 5353 of 1.4.85) 4. Relations with Latin America - (Concl(85)381/7, (85)382/41h, CM(85)94 of 4.4.85) (Notes No. 5354 of 3.4.85) 5. CSCE - Budapest Cultural Forum - (Concl(85)381/5) (Notes No. 5348 of 29.3.85) CONFIDENTIAL CM/Del/Concl(85)383 - a2 - Appendix 1

6. Working methods of the Council of Europe - Report of the Ministers' Deputies' working party - (Concl(85)382/9, CM(85)64 and 100 of 2.4.85) (Notes No. 5356 of 1.4.85) 7. Liaison Committees of the Council of Europe and the OECD - Joint Session of 27 February 1985 - Report drawn up by the Chairmen of the two Liaison Committees - (CM(85)93 of 28.3.85) (Notes No. 5357 of 1.4.85) 8. Conferences of Specialised Ministers - (Concl(85)382/10, CM(78)62, CM(84)248 and CM(85)13) (Notes No. 5358 of 29.3.85) 9. Situation in Cyprus - (Concl(85)382/12) (Notes No. 5359 of 29.3.85) Human Rights 10. Dores and Silveira against Portugal - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(85)381/13, Letter HD/C84 of 9.11.83) (Notes No. 5345 of 29.3.85) 11. Neubeck against the Federal Republic of Germany - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(85)381/16, Letter HD/C39 of 17.5.84) (Notes No. 5346 of 21.3.85) Legal Questions 12. Ad hoc Committee of experts on ethical and legal problems relating to human genetics (CAHGE) - Report of the 3rd meeting (Strasbourg, 29 January - 1 February 1985) - (Concl(85)382/19, CM(85)52) (Notes No. 5304 of 22.2.85) Education, Culture and Sport 13. European Cultural Centre, Delphi - (Concl(85)381/30a, Part 1, 382/41a, Part 3, CM(85)75) (Notes No. 5361 of 3.4.85) Environment and Local Authorities 14. Draft Convention for the Protection of the Architectural Heritage of Europe - Letter from the President of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) (Concl(85)382/35) (Notes No. 5362 of 3.4.85) 15. Preparation of forthcoming meetings (Notes No. 5363 of 4.4.85) CONFIDENTIAL - a3 - CM/Del/Concl(85)383 Appendix 1

16. Other business a. Dialogue with the Secretary General b. Problems of accommodation for the European Court of Human Rights and its Registry, the European Commission of Human Rights and its Secretariat and the Directorate of Human Rights - (CM(85)98 of 9.4.85) c. European Court of Human Rights - Election of a Judge in respect of Luxembourg - (CM(85)104 of 11.4.85) d. Recommendation No. R(85) ..on legal duties of doctors vis-à-vis their patients - Re-opening of the discussion - (Concl(85)382/21) e. Second Conference of European Ministers of Health (Stockholm, 16-18 April 1985) f. Informal meeting of European Ministers of Justice (Edinburgh, 14 June 1985) g. Invitation to the Chairman (at B level) of the Stimulating Committee on Information to address the Assembly's Committee on Parliamentary and Public Relations

CONFIDENTIAL - a5 - CM/Del/Concl(85)383

APPENDIX 2 (item 3)

A. PROVISIONAL AGENDA for the 76th Session of the Committee of Ministers to be held on Thursday 25 April at 9.30 am at the Council of Europe Palais de l'Europe, Strasbourg (1)

1. Adoption of the agenda 2. Political dialogue a. The progress of European construction, including relations between the Council of Europe and the European Communities b. East/West relations c. North/South relations d. Latin America

3. Human rights 4. Terrorism 5. Other business 6. Dates of forthcoming sessions 7. Final communiqué

(1) Address: Council of Europe 67006 Strasbourg Cedex, France Telephone: (88) 61.49.61 Telex: Strasbourg 870943 CONFIDENTIAL CM/Del/Concl(85)383 - a6 - Appendix 2

B. ANNOTATED PROVISIONAL AGENDA FOR THE 76TH SESSION OF THE COMMITTEE OF MINISTERS

1. Adoption of the agenda The Chairman will send a message to his colleagues commenting on his intentions concerning the conduct of the meeting. 2. Political dialogue a. The progress of European construction, including relations between the Council of Europe and the European Communities The written reports of the Italian Foreign Minister, President of the Council of the European Communities, the Austrian Foreign Minister on behalf of the EFTA Council and the Secretary General of the Council of Europe, have been issued as CM(85)88, CM(85)89 and CM(85)90 respectively. At the 75th Session of the Committee of Ministers (21-22 November 1984), Ministers instructed their Deputies to continue their work on the Resolution on co-operation between the Council of Europe and the European Communities with a view to its adoption at this session. The draft prepared pursuant to these instructions has been issued as CM(85)109. In Resolution (84)21 on Council of Europe action in the political field, adopted on 21 November 1984, the Committee of Ministers expressed its determination to develop and increase the scope of political dialogue in the Council of Europe. It also agreed to strengthen the organisation of the political dialogue so as to ensure its continuity and to increase its practical usefulness and impact. At the request of the Ministers' Deputies and for their further consideration, the Secretary General has drawn up concrete proposals on the improvement of the preparation of the Political Dialogue (CM(85)96). The results of the Deputies' examination of Council of Europe working methods are summarised in CM(85)100. b. East/West relations The Chairman of the Committee of Ministers will make a statement on this matter in the light of discussions at the Ministers' informal meeting on 24 April 1985 and, if relevant, at the meeting of Political Directors. On an initiative of the Federal Republic of Germany, the Ministers' Deputies have drafted a Resolution on European cultural identity (CM(85)110) which Ministers might consider with a view to its adoption. CONFIDENTIAL - a7 - CM/Del/Concl(85)383 Appendix 2

On 26 March 1985, pursuant to a request made by Ministers at the Committee's 75th Session, the Deputies held another exchange of views, attended by experts, on aspects of the CSCE process. The main points discussed on this occasion were the preparation of the Ottawa meeting on human rights, the 10th anniversary of the signature of the Helsinki Final Act and the Stockholm Conference (CDE). The Chairman of the Ministers' Deputies might give a succinct account of the exchange of views. c. North/South questions At their 75th Session Ministers instructed their Deputies to prepare proposals on the practical follow-up to the Final Declaration adopted by the Conference held by the Parliamentary Assembly in Lisbon in April 1984 on the theme, "North/South: Europe's Role" (Assembly Recommendation 992 and Appendix). Carrying out these instructions, the Ministers' Deputies, in taking into account the activities of the relevant Assembly bodies in connection with the relevant departments of the Commission of the European Communities, began to consider the organisation of a public campaign on North/South interdependences which might become a joint project of the Council of Europe and the European Communities. The Ministers' Deputies further agreed, in connection with the political dialogue on North/South questions, to hold an exchange of views, with the participation of experts, on 23 May 1985. Identification of Europe's specific contribution to North/South dialogue, the question of human rights in relation to development co-operation and the public campaign on North/South interdependences will be discussed. Account will be taken of the suggestion made by Mr Ellemann-Jensen, Foreign Minister of Denmark and then Chairman of the Committee of Ministers, at the 74th Session of the Committee of Ministers, to the effect that the Council of Europe might "...assist the creation of a greater measure of international consensus on the dynamics of the international economy by organising, together with other international organisations such as the European Community and the OECD, round tables with the participation of a limited number of important decision-makers from developed and developing countries... ". The Ministers' Deputies have agreed to discuss at a later stage the cultural dimension of the North/South dialogue, on the basis of considerations put forward by the delegation of the Federal Republic of Germany in CM(85)81. d. Latin America Following the special meeting of the Ministers for Foreign Affairs on 29 January 1985, the Chairman of the Committee of Ministers, Mr H-D. Genscher, Minister for Foreign Affairs of the Federal Republic of Germany, informed the Assembly on 30 January 1985 that: CONFIDENTIAL CM/Del/Concl(85)383 - a8 - Appendix 2

" ...we exchanged ideas on the situation in Central and South America. We were unanimous in expressing our support, within the limits of our capabilities, for the efforts of the Contadora States to solve the crisis in Central America. We specifically welcomed the process of démocratisation in a number of Latin American countries, especially Brazil and Uruguay." After the postponement of the meeting of the countries of the Contadora Group and five countries of Central America, which was to be held in Panama on 14 and 15 February 1985, the Ministers' Deputies adopted, on 25 February 1985, a declaration reaffirming the Committee of Ministers' support for the action of the Contadora Group and urging that the dialogue between all the countries concerned be continued. The Deputies also sent and published messages on the occasion of the investiture of the Presidents of Uruguay (1 March 1985) and Brazil (15 March 1985). At present the Deputies are discussing possibilities for concrete future co-operation between the Council of Europe and Latin America in the various fields of activities of the Organisation. The Secretary General will organise in 1986 a Colloquy on relations between Europe and Latin America. Ministers might wish to take note of comments which might be made by the Second Conference of European Ministers of Health (Stockholm, 16-18 April 1985) on the question of possible health assistance to Central American countries. 3. Human Rights The Secretary General might comment on the texts adopted by the Ministerial Conference on Human Rights held in Vienna on 19-20 March 1985 (CM(85)92) and the Ministers might wish to express their views about these texts, in particular the way in which the political impetus for the work of protecting human rights should be given concrete expression in the Council of Europe. 4. Terrorism The Ad hoc Multidisciplinary Working Party of Senior Officials responsible for questions relating to the combat of terrorism has presented a report to the Committee of Ministers (CM(85)73). The Ministers might wish to examine possibilities for future action in the Council of Europe along the lines of the working party's proposals and in particular to ask the working party to continue the examination of the questions raised and the possible need for a new instance for future action and to "... devote its next meeting to the further examination of the problems relating to terrorism involving abuse of diplomatic privileges and immunities and terrorism directed against diplomats" (para. 17). 5. Other business CONFIDENTIAL - a9 - CM/Del/Concl(85)383 Appendix 2

6. Dates of future sessions 20 and 21 November 1985 have been provisionally selected for the 77th Session. With regard to the 78th Session, 23-24 April 1986 might be considered provisionally since, in accordance with established practice, these dates would coincide with a part-session of the Assembly. 7. Final Communiqué The draft communiqué will be prepared by a drafting group comprising the Permanent Representatives of Austria, Belgium, Greece and Norway as well as a member of the Chairman's delegation, assisted by the Director of Political Affairs and the Director of Press and Information Services. C. TIMETABLE FOR THE 76TH SESSION OF THE COMMITTEE OF MINISTERS Wednesday 24 April 1985 6 pm - Informal meeting of Ministers - Meeting of Political Directors 9 pm - Dinner offered by the Secretary General approx. for Ministers, Permanent Representatives and Political Directors (Restaurant Crocodile, Strasbourg) Thursday 25 April 1985 9.30 am - Opening of the 76th Session of the Committee of Ministers 12.30 pm - Press conference given by the Chairman of the Committee of Ministers 1.00 pm - Lunch offered by the Chairman of the Committee of Ministers (Restaurant Zimmer, La Wantzenau) 3.00 pm - Continuation of the 76th Session of the Committee of Ministers

CONFIDENTIAL - all - CM/Del/Concl(85)383 APPENDIX 3

384TH MEETING OF THE MINISTERS' DEPUTIES (A level) (Strasbourg, 2 (3 pm) - 3 May 1985)

DRAFT AGENDA

1. Adoption of the agenda (Notes No. 5368 of ...) Political and General Policy Questions 2. Committee of Ministers - Follow-up to the 76th Session - (CM(85)PV 1 and 2 prov.) (Notes No. 5369 of . ) 3. North/South - Public campaign on North/South interdependence - Recommendation 992 - (Concl(85)382/7 and CM(85)95 of 9.4.85 and Add. of 11.4.85) (Notes No. 5370 of ... ) 4. King Baudouin International Development Prize - (CM(85)87) (Notes No. 5347 of 11.4.85) 5. Conferences of Specialised Ministers - (Concl(85)383/8, CM(78)62, CM(84)248 and CM(85)13) (Notes No. 5371 of . ) 6. Situation in Cyprus - (Concl(85)383/9) (Notes No. 5372 of ...) Human Rights 7. Judgments of the European Court of Human Rights in the Piersack case - Application of Article 54 of the European Convention on Human Rights - (Concl(85)379/20, Letters HD/C81 of 25.10.82 and HD/C87 of 6.11.84) (Notes No. 5373 of . )

NB In accordance with the deadline rules for the despatch of reference documents and Notes on the Agenda, the date limits were 4 April and 12 April 1985. CONFIDENTIAL CM/Del/Concl(85)383 - a12 - Appendix 3

8. Judgment of the European Court of Human Rights in the Luberti case - Application of Article 54 of the European Convention on Human Rights - (Concl(84)378/19, Letter HD/C21 of 6.3.84) (Notes No. 5367 of ... ) 9. T. against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(85)381/l4, Letter HD/C14 of 7.2.84) (Notes No. 5366 of ... ) 10. Steering Committee on the Mass Media (CDMM) - Report of the 9th meeting (Strasbourg, 26 February - 1 March 1985) - (CM(85)84) (Notes No. 5374 of ... ) 11. Problems of accommodation for the European Court of Human Rights and its Registry, the European Commission of Human Rights and its Secretariat and the Directorate of Human Rights (Concl(85)383/16b, CM(85)98 of 9.4.85 and CM(85).. ) (Notes No. 5375 of ... ) Legal Questions 12. Draft Convention for the protection of vertebrate animals used for experimental or other scientific purposes - (Concl(85)382/18, CM(83)100, Add. I-IV, CM(84)53 and Add. I, CM(84)259 and Add., CM(85)54, CM(85)105 of 12.4.85, CM(85)106 of... and CM(85)107 of 12.4.85) (Notes No. 5376 of ... ) 13. Convention on offences relating to cultural property - Date for the opening for signature - (Concl(85)379/29 and 382/3) (Notes No. 5377 of ... ) Education, Culture and Sport 14. Committee for the Development of Sport (CDDS) - 8th meeting of the Steering Committee (Strasbourg, 5-8 March 1985) (CM(85)82) (Notes No. 5378 of ...) Youth 15. First Conference of European Ministers responsible for Youth - Dates of the Conference - (Concl(85)382/28) (Notes No. 5365 of ... ) Environment and Local Authorities 16. Conference of European Ministers responsible for Local Government (Rome, 6-8 November 1984) - Follow-up - (Concl(85)382/29, CM(85)39) (Notes No. 5379 of ... ) CONFIDENTIAL - a13 - CM/Del/Concl(85)383 Appendix 3

17. Preparation of forthcoming meetings (Notes No. 5380 of ...)

18. Other business a. Dialogue with the Secretary General

CONFIDENTIAL - a15 - CM/Del/Concl(85)383

APPENDIX 4 (item 10) RESOLUTION DH(85)7 HUMAN RIGHTS APPLICATIONS NO. 9345/81 and 9346/81 DORES and SILVEIRA against PORTUGAL (adopted by the Committee of Ministers on 11 April 1985 at the 383rd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"), Having regard to the report drawn up by the European Commission of Human rights in accordance with Article 31 of the Convention and relating to the application lodged by Mr Vilar Dores and Mr Cancio Silveira against Portugal (Nos. 9345/81 and 9346/81); Whereas on 15 September 1983 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention; Whereas in their applications introduced on 30 March 1981, the applicants complained that their cases had not been tried by the Industrial Court within "reasonable time" and that there had consequently been a breach of Article 6, paragraph 1 of the Convention; Whereas the Commission, having joined the two applications and having declared them admissible on 6 July 1982, in its report adopted on 6 July 1983 expressed the unanimous opinion that in this case there has been a breach of Article 6, paragraph 1, of the Convention; Having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention and having noted that the majority of two thirds required by Article 32, paragraph 1, of the Convention had not been attained, Decides that it can take no further action in the case and accordingly removes the examination of the case from its agenda.

CONFIDENTIAL - all - CM/Del/Concl(85)383

APPENDIX 5 (item 11)

RESOLUTION DH(85)8 HUMAN RIGHTS APPLICATION NO 9132/80 NEUBECK AGAINST THE FEDERAL REPUBLIC OF GERMANY (adopted by the Committee of Ministers on 11 April 1985 at the 383rd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"), Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged by Mr Eric Neubeck against the Federal Republic of Germany (Application No 9132/80); Whereas on 24 April 1984 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention; Whereas in his application introduced on 2 July 1978, the applicant complained of the length of the criminal proceedings taken against him invoking Article 6, paragraph 1 of the Convention, of the conduct of the proceedings and the related detention on remand invoking various Articles of the Convention; Whereas the Commission declared the application admissible on 16 December 1982 as regards the applicant's complaint under Article 6, paragraph 1 of the Convention that the criminal charges raised against him had not been determined within a reasonable time; Whereas in its report adopted on 12 December 1983 the Commission expressed unanimously the opinion that the criminal charges raised against the applicant had not been determined within a reasonable time and that there had accordingly been a violation of Aticle 6, paragraph 1 of the Convention; Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 of the Convention; CONFIDENTIAL CM/Del/Concl(85)383 - a18 - Appendix 5

Whereas during the examination of this case, the Committee of Ministers was informed by the Government of the Federal Republic of Germany that it accepted the Commission's report which would be transmitted to the Minister of Justice of the Land of North Rhine-Westphalia in order to inform the relevant public prosecutors and courts of its contents; Voting in accordance with the provisions of Article 32, paragraph 1, of the Convention, a. Decides that in this case there has been a violation of Article 6, paragraph 1 of the Convention; b. Decides, having regard to the information supplied by the Government of the Federal Republic of Germany, that no further action is called for in this case.