An Overview of The Additional Protocol to The Council of Europe Convention on The Prevention of Terrorism

An Overview of The Additional Protocol to The Council of Europe Convention on The Prevention of Terrorism

Ahmet ULUTAŞ

2020/07 1. Baskı, 126 Sayfa

ISBN 978-625-708-885-5

Today, terrorism has become a global threat that deeply shakes the world. Currently, the issue of terrorism and counter-terrorism is at the top of the global agenda.

Turkey is a country fighting against terrorism for about 35 years. Considering that terrorism is a transboundary phenomenon, it is not possible for countries to overcome terrorism through the struggle alone. This phenomenon led to the fact that the global dimension came to the fore in the fight against terrorism, and the need for international cooperation, in particular, was shared more strongly by the public.

In order to prevent terrorism and to counter all its perpetrators with effective sanctions, important texts have been produced by the international community and comprehensive international agreements have been concluded with the United Nations (UN) and the Council of Europe (CoE).

Turkey, became a party to these international texts as a country committed to fight against terrorism. Turkey also made important contributions to the formation of an international public order called "Combating Terrorism Based on Human Rights".

As the rising value of our age, fundamental human rights are accepted among the concepts that will not be sacrificed for the fight against terrorism and security. In other words, the need to fight against terrorism without violating human rights is widely accepted by the international community.

In this context, the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol, which Turkey is a party, are of great importance.

In our study, with these considerations, the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, which is known as the Protocol on foreign terrorist fighters, has been examined from all aspects.

In addition to these two Conventions, the Council of Europe Counter-Terrorism Strategy and the Guidelines of the Committee of Ministers of the Council of Europe on Human Rights and the Fight against Terrorism are also included in the study.

It will be our greatest wish that this humble work will be useful to those interested and pave the way for subsequent academic studies.

CONTENTS

PREFACE5

CONTENTS7

INTRODUCTION 11

FIRST SECTION

GENERAL STRUCTURE IN COUNCIL OF EUROPE

WITH REGARD TO COUNTER TERRORISM

I Brief Information on Committee of Experts on Terrorism

(2003-2017) 15

II Council of Europe Committee on Counter-Terrorism (CDCT)  17

III Council of Europe Counter-Terrorism Strategy (2018-2022) 18

A In General 18

B Objectives 21

IV Consultation of the Parties to the Council of Europe

Convention on the Prevention of Terrorism 25

V The Role of the Council of Europe Human Rights Education

for Legal Professionals (HELP) Programme and its online

Courses in Fighting against Terrorism 26

A An Overview of the CoE Human Rights Education for

Legal Professionals (HELP) Programme 26

B European Union (EU) - CoE HELP Project ‘Radicalisation

Prevention, Judicial Response to Terrorism and

International Cooperation in Criminal Matters’ (RP-

TERR-ICCM)  29

8 Contents

C HELP online course on Radicalisation Prevention  31

1 Background and Aim 31

2 Learning Objectives and Target Audience 32

3 Course Outline  32

4 Development of the Course 33

SECOND SECTION

EVALUATION OF THE COUNCIL OF EUROPE’S FOREIGN

TERRORIST FIGHTERS PROTOCOL

FROM A HUMAN RIGHTS PERSPECTIVE

I A General Overview of the Council of Europe Convention

on the Prevention of Terrorism 36

II Additional Protocol in General  37

III Types of Offences Established by the Protocol  41

A In General  41

B Types of Offences  42

1 Participating in an Association or Group for the

purpose of Terrorism  42

2 Receiving Training for Terrorism 43

3 Travelling Abroad for the purpose of Terrorism 45

4 Funding Travelling Abroad for the purpose of

Terrorism  46

5 Organising or Otherwise Facilitating Travelling

Abroad for the purpose of Terrorism  48

IV Exchange of Information, Conditions and Safeguards  49

V Final Provisions, Signature and Entry into Force  51

VI Fight against Foreign Terrorist Fighters from a Human

Rights Perspective  53

Contents 9

CONCLUSION 59

BIBLIOGRAPHY 63

ANNEXES 67

I Council of Europe Convention on the Prevention of

Terrorism  67

II Additional Protocol to the Council of Europe Convention

on the Prevention of Terrorism  91

III Council of Europe Counter-Terrorism Strategy (2018-2022) 99

IV Guidelines of the Committee of Ministers of the Council of

Europe on Human Rights and the Fight against Terrorism 119