20150602_CoE-CHR_Democratic-and-effective-oversight-of-national-security-services_coe-secint-oversight-report.pdf

(620 KB) Pobierz
Democratic
and efective
oversight
of national
security services
Issue paper
Democratic
and efective
oversight of national
security services
Issue paper published
by the Council of Europe
Commissioner for Human Rights
Council of Europe
The opinions expressed in this work
are the responsibility of the author
and do not necessarily refect the ofcial
policy of the Council of Europe.
All requests concerning the
reproduction or translation of all
or part of this document should
be addressed to the Directorate of
Communication (F-67075 Strasbourg
Cedex or publishing@coe.int).
All other correspondence concerning
this document should be addressed to
the Ofce of the Commissioner
for Human Rights.
Issue papers are published by the
Commissioner for Human Rights to
contribute to debate and refection
on important current human rights
issues. Many of them also include
recommendations by the Commissioner
for addressing the concerns identifed.
The opinions expressed in these expert
papers do not necessarily refect the
Commissioner’s position.
Issue papers are available
on the Commissioner’s website:
www.commissioner.coe.int
Cover photos: © Shutterstock
Cover: Documents and Publications
Production Department (SPDP),
Council of Europe
Layout: Jouve, Paris
© Council of Europe, May 2015
Printed at the Council of Europe
Acknowledgements:
This issue paper was prepared
by Mr Aidan Wills, independent
consultant.
Contents
EXECUTIVE SUMMARY
1. Overview of the impact of national security services’ activities
on human rights protection in Europe
2. Overview of international and European standards concerning democratic oversight
over national security services
3. National practices in Council of Europe member states
4. Towards a democratic and efective oversight of national security services
5
5
6
7
9
COMMISSIONER’S RECOMMENDATIONS
On general parameters for a system of oversight
On the scope of oversight of security services
On the independence and democratic legitimacy of oversight bodies
On the efectiveness of oversight bodies
On transparency and engagement with the public
On reviewing oversight bodies and systems
11
11
11
13
13
14
14
CHAPTER 1. INTRODUCTION
CHAPTER 2. OVERVIEW OF THE IMPACT OF NATIONAL SECURITY
SERVICES’ ACTIVITIES ON HUMAN RIGHTS PROTECTION IN EUROPE
2.1. Personal integrity and liberty
2.2. Right to privacy and family life
2.3. Rights to freedom of expression, assembly and association
2.4. Right to a fair trial and the right to an efective remedy
17
19
20
21
25
26
CHAPTER 3. OVERVIEW OF INTERNATIONAL AND EUROPEAN
STANDARDS CONCERNING DEMOCRATIC OVERSIGHT
OF NATIONAL SECURITY SERVICES
3.1. International and regional legal instruments
3.2. Non-binding recommendations and principles
29
29
33
CHAPTER 4. NATIONAL PRACTICES IN COUNCIL OF EUROPE MEMBER STATES
4.1 Parliamentary committees
4.2 Independent oversight institutions
4.3 Judicial bodies
4.4. Quasi-judicial authorisation bodies
4.5. Executive
4.6. Internal controls
4.7. Media and civil society
41
42
47
52
56
57
58
59
Page
3
CHAPTER 5. TOWARDS DEMOCRATIC AND EFFECTIVE OVERSIGHT
OF NATIONAL SECURITY SERVICES
5.1.
Ex ante
authorisation of intrusive measures
5.2. Complaints handling
5.3. Access to information by overseers
5.4. Transparency of oversight bodies
5.5. Evaluation of oversight systems
61
62
63
63
65
65
REFERENCES
COURT CASES
European Court of Human Rights
National courts
67
75
75
75
Democratic and efective oversight of national security services
Page
4

Plik z chomika:

Inne pliki z tego folderu:

Inne foldery tego chomika:

Zgłoś jeśli naruszono regulamin