COUNCIL RESOLUTION of 20 December 1996 on individuals who cooperate with the judicial process in the fight against international organized crime (97/C 10/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to the recommendations adopted by the Ministers for Justice and Home Affairs at their meeting in Kolding (Denmark) on 6 and 7 May 1993, calling for greater and more efficient cooperation in the European Union context in combating international organized crime,

Having regard to the recommendations given in the report of the ad hoc Working Group on International Organized Crime and approved by the Council on 29 and 30 November 1993,

Having regard to the conclusions of the Council on 30 November and 1 December 1994,

Whereas the Madrid European Council on 15 and 16 December 1995 called for the necessary operational measures to be adopted to combat the threat posed by international organized crime;

Having regard to the Council resolution of 23 November 1995 on the protection of witnesses in the fight against international organized crime (1),

Believing that knowledge of criminal organizations may be significantly improved and their activities more effectively curbed by using the statements made to the competent authorities by members of such organizations who agree to cooperate with the judicial process,

Believing that individuals should therefore be encouraged to cooperate with the judicial process,

A. calls on Member States to adopt appropriate measures to encourage individuals who participate or have participated in an association of criminals or other criminal organization of any kind, or in organized crime offences, to cooperate with the judicial process.

For the purposes of this resolution, cooperating with the judicial process includes:

(a) supplying information useful to the competent authorities for investigative and evidential purposes on:

(i) the composition, structure or activities of criminal organizations,

(ii) links, including international links, with other criminal groups,

(iii) offences which these organizations or groups have committed or might commit,

(b) providing practical, concrete help to competent authorities which may contribute to depriving criminal organizations of illicit resources or of the proceeds of crime;

B. calls on Member States to assess, in the context of the objectives set out in paragraph A, the possibility of granting, in accordance with the general principles of their national law, benefits to individuals who break away from a criminal organization and do their best to prevent the criminal activity being carried further, or provide specific help to the police or judicial authorities to collect evidence which proves decisive in reconstructing the facts and identifying the perpetrators of the crimes or leading to their arrest;

C. calls on Member States to provide appropriate protection measures for any individual and, where necessary, for his parents, children and other persons close to him, who, by virtue of the individual's willingness to cooperate with the judicial process, is or are likely to be exposed to serious and immediate danger; in considering such measures, Member States should have regard to the resolution of 23 November 1995;

D. calls on Member States to facilitate judicial assistance in the fight against international organized crime in cases involving individuals cooperating with the judicial process, and in particular:

1. to observe the formalities and the procedural requirements of the requesting State when statements from individuals who cooperate with the judicial process are to be taken, even in the absence of any such provisions in the legislation of the State to which the request is addressed, save where compliance with the request for assistance would be contrary to the general principles of that State's law;

2. to take account of the guidelines laid down by the resolution of 23 November 1995;

3. to apply the provisions of paragraph C where individuals cooperate with the judicial process in another State;

E. shall assess the implementation of this resolution on the basis of a report to be submitted to it through the Council Secretariat at the latest by the end of 1997.

(1) OJ No C 327, 7. 12. 1995, p 5.