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Report of the European Commission of Human Rights Would Be Made Available to the Committee of Ministers As Soon As Possible

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Report of the European Commission of Human Rights Would Be Made Available to the Committee of Ministers As Soon As Possible COUNCIL OF EUROPE CONSEIL DE L' EUROPE COMMITTEE OF MINISTERS ^5th session Strasbourg, Confidential CM (69) PV M- MINUTES of the sitting held on 12 December 1969 at 10 a.m., CMPV013 at OECD Headquarters, 19 rue de Franqueville, Paris PRESENT; MM. K. Waldheim AUSTRIA P. Harmel BELGIUM S. Kypr ianou CYPRUS P. Hartling DENMARK J. de Lipkowski (1) PRANCE V7;- Scheel FEDERAL REPUBLIC OF- GERMANY P. Pipinelis GREECE H.S. Bjornsson (2) ICELAND . P.J. Hillery IRELAND D. Coppo (J>) • ITALY V. (1) Secretary of State for Foreign Affairs, replacing Mr. M. Schumann, Minister for Foreign Affairs. (2) Ambassador Extraordinary- and Plenipotentiary, Permanent Representative of Iceland to the Council of Europe, replacing Mr. E. Jonsson, Minister for Foreign Affairs. (J') Under-Secretary of State for Foreign Affairs, replacing Mr. A. Moro, Minister for Foreign Affairs (Chairman). 16.257 02.2/11 CM (69) PV ^• - 2 - MM. G. Thorn LUXEMBOURG G. Borg Olivier- MALTA P.J. Gelderman (1) NETHERLANDS G. Lyng NORWAY T. Nilsson' SWEDEN W. Spuhler SWITZERLAND I.S. 9a£layangil TURKEY- -••"-• G. Thorns on (2) UNITED. KINGDOM L. Toncic-Sorinj Secretary General S. Sforza Deputy Secretary General H. Leleu Director of Political Affairs H. Beesley Secretary-of the Committee of Ministers Mr. A. MORO,-. the Italian Minister for Foreign Affairs, took the Chair at 10 a.m. The Chairman declared open the- M-5th session .of the Committee of Ministers of the Council of Europe. After congratulating Mr. Toncic-Sorinj on his election as Secretary General and paying tribute to his qualities, he called him to make his solemn declaration in accordance with the Statute. 1. Solemn declaration by the Secretary General.. The. Secretary General,. Mr. Lujo Tonclc Soring .made the solemn declaration laid down by Article }6 (e) of the Statute of the Council of Europe. ./"• (1) Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Netherlands to the Council of Europe, replacing Mr. J.M.A.H. Luns, Minister for Foreign Affaire. (2) Chancellor of the Duchy of Lancaster, replacing Mr. M. Stewart, Secretary of State for Foreign and Commonwealth Affairs. - 3 - CM (69) PV 4 The Chairman thanked the Secretary General and took formal note of his declaration. 2. Adoption "of the agenda The Chairman said that the morning sitting would end at • 1 p.m. and the afternoon sitting begin at 3.30 p.m. He pointed out that a provisional agenda had been drawn up by the Secretary General. Item 3 was entitled "Situation in Greece - Recommendations 5^7 and 569 - Motion for the suspension of Greece". This it.m had been placed on the agenda for three reasons. Firstly, at its last session in London in May 1969 the Committee had discussed Recommendation 5^7 of the Consultative Assembly and in Resolution (69) .18 had decided to keep the recommendation on its agenda and had declared itself ready to take a decision at the present session. Secondly, the Consultative Assembly had addressed to the Committee of Ministers Recommendation 569 on recent developments in Greece in the juridical, field. The examination of this . recommendation was included in item 3 at the request of the Ministers' Deputies. 'Lastly, the governments of Denmark, Norway and Sweden had announced the tabling of a formal motion concerning Greece, in application of the Statute of the Council of Europe. If there was no objection to the inclusion of this item in the agenda, as worded, in document CM (69) OJ 2 prov., its inclusion would be considered as final. Otherwise the Committee would have to decide by a simple majority vote in accordance with Article 20 of the Statute. Mr. S. Kyprianou, (Cyprus), asked the Chairman on what motion the vote wnich he had said might be necessary ivould be taken, as he believed it was necessary to clarify the procedural position. • . The Chairman noted that there was no objection to the : inclusion of item 3 or of any of the other items. He said that the French delegation proposed to make an announcement concerning the .Council buildings, and suggested including it under item.6 "Other business". The agenda, thus amonded, was adopted. ./. CM (69) PV ]4 - 4 - 3. Situation in Greece - Recommendations 5^7 and- $69 - ' ' ' Motion for the suspension of Greece The Chairman, recalling that this item had been included at the roouest of the Dan.i.sh., .Norwegian-and Swedish Governments, invitod the representative of one of these governments "to present the 'motion submitted to the Committee. Mr. T. Nils son (.Sweden) said that at the meeting of the Coramit'coe of Ministers in London on 6 May 1969 a resolution on the situation in Greece was adopted in which it was explicitly declared that the Committee was ready to take a decision at the present meeting on the basis of the recommendations of the Consultative Assembly. In its . Recommendation 54-7 the Assembly had concluded, that Greece seriously violated the Statute of the Council and consequently did not fulfil the conditions for membership. The Assembly recommended the Committee of Ministers to draw its conclusions to the attention of the Greek Government and to take action having regard to Articles J>, 7 and 8 of the Statute. The Committee of Ministers had already acted by drawing the conclusions of the parliamentarians .to the attention of the Greek Government. The Ministers thereby had hoped, that Greece would realise the necessity of returning to a democratic regime without delay or withdraw from the Council of Europe. What, was the responsibility today when Greece had not fulfilled, the hopes expressed at the last meeting. Certainly • the credibility of the Committee of Ministers and of the Council of Europe v:as at stake. The confidence in and the respect for the Council of Europe would be seriously harmed if the Ministers could not now arrive at a firm decision in this matter, The Committee had not taken any rash decisions in this -grave '.-uestion. Its attitude had up to now, rather been one of wait and sec. Nor had the Assembly, consisting of responsible politicians of all shades of democratic political opinion been over hasty in their actions. They and the Ministers had over ' the years urged Greece to return to democratic conditions. In the Committee of Ministers and in-other organs of'the Council of Europe tho Greek Government had been given ample time to explain and to correct the situation. But now the moment had come when. as members of .the Council of Europe and as representatives of governments in democratic nations the Committee had to take a decision implying action. ./. - 5 - CM (69) PV If The Statute of the Council of Europe left no doubts as to the conditions for membership. The Statute was a mutual contract and it was a joint responsibility to see to it that, it was respected. Had anything happened since the meeting in May which indicated that Greece was now willing to follow the principles which'were fundamental for the work of the Council of Europe? Not in the opinion of the Swedish Government. Now and then the Ministers 'had listened to Greek declarations, as they^ • did in London already seven months ago, that Greece would restore human rights and eventu?lly return to democracy. New laws had been promulgated and a few more articles of the constitution had come into force. This might sound promising. But these laws were not inspired by democratic ideals. As regards the constitution, Mr. Nilsson mentioned that the first parllamentary elections would be carried out -by the national revolutionary government and the.second depend on its decrees. So long a;: civil liberties were suppressed and there'was no other indication of a speedy return to .democracy, one was cntitle.d to doubt that elections would bo democratic. And it should not be- forgotten that Greece was still governed by martial law with all that this implied of arbitrariness. Against that background even a timetable of gradual restoration of human, rights and civil liberties did not inspire his government with any confidence. Concrete proof .by solid actions showing a change of heart of the Greek Government was needed. In.the May resolution, the hope was expressed that the report of the European Commission of Human Rights would be made available to the Committee of Ministers as soon as possible. Some governments had earlier stated that they did not wish to take a decision on the recommendation of the. Assembly until the report had been transmitted to the Committee. The Commission's careful-and. thorough investigation should not be discussed at the present meeting but the report was available to governments. Mr. Nilsson wished in this context to refer to the note dated 7 December 1969 from the Greek Permanent Representative to the Secretary General. In this note a language was used which, by far, exceeded what the Committee was used and willing to listen to. The Swedish Government entirely supported the Secretary General when in his reply he had expressed the strongest reservations as regards the allegations contained in the note. • ./. CM (69) PV H - 6 - The .Swedish Government v.ras anxious to pay tribute to the objective and arduous legal work of the Commission. But it could not be accepted that the proceedings before that organ were used as an argument for not accepting the political responsibility the Committee had under the Statute. It. had been suggested that the Ministers should postpone the decision in view of the fact that they could not deal with the report of the Commission. A case before the. Commission or the Court did, however, in no way prejudice the powers vested in the Committee when it acted under the Statute.
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