COUNCIL OF EUROPE REVIEWS RELATIONSHIP WITH OBSERVER STATES

C O N F I D E N T I A L STRASBOURG 000018

SIPDIS

STATE ALSO FOR EUR/ERA, EUR/WE, AND L

E.O. 12958: DECL: 9/11/2019
TAGS: PREL PHUM COE FR
SUBJECT: COUNCIL OF EUROPE REVIEWS RELATIONSHIP WITH OBSERVER STATES

CLASSIFIED BY: Vincent Carver, CG, Strasbourg, State.
REASON: 1.4 (b),(d)

1. (C) Summary: The Council of Europe reviewed its relationship
with observer states September 10 in the COE's Foreign Relations
Committee. Most member states characterized the relationship as
positive. Portugal asked what COE initiatives had been taken to
obtain at least moratoria on the death penalty in observer
states (U.S. and Japan) still using capital punishment. Based
on the session, we, with the support of the Secretariat, have
again postponed action on various COE Parliamentary Assembly
(PACE) members' calls to introduce new criteria (death penalty
moratoria) for continued observer status. The committee chair
(Malta) also circulated a 2008 COE legal opinion confirming that
observer states have the right to speak in COE fora. End
summary


2. (SBU) Given the push by a minority in the PACE to change the
rules regarding current observer states (Holy See, U.S., Canada,
Japan, Mexico) to include at least a moratorium if not outright
abolition of the death penalty (applicable to the U.S. and
Japan) for continued observer status, the COE's Foreign
Relations Committee met September 10 to discuss the COE's
relationship with observer states. The Secretariat provided a
strong and positive statement about the value of including
observer states in the COE. Each observer state then made an
intervention, with all stressing the positive relationship we
have with the COE. U.S. stressed that we shared the COE's
commitment to human rights, democracy, and the rule of law. We
thanked Human Rights Commissioner Hammarberg for his calls on
member states to accept detainees from the Guantanamo facility.
We also thanked various member states for agreeing to accept
detainees, thereby helping us close Guantanamo. After listing
U.S. participation in various COE conventions and fora and our
financial contribution to the COE's Group of States Against
Corruption (GRECO),we acknowledged a divergence of views
regarding the death penalty. We concluded that we value both
our relationship with the COE and the COE's work itself.


3. (C) The consistently anti-American Portuguese Ambassador
noted that, "while we don't want to change the rules of
participation," the COE should take initiatives to obtain at
least a moratorium on the use of the death penalty in any
observer state. He asked the Secretariat to provide a list of
such initiatives already taken. Most other interventions, while
urging the abolition of the death penalty in observer states,
were more helpful, and stressed the "value added" of the
observer states' presence in Strasbourg. Russia said it
supported strengthening the COE's relationships with observer
states, adding that it would welcome additional observer states.
Several delegations echoed this sentiments.


4. (C) In a planned exchange, the Danish Ambassador asked for a
confirmation that observer states were welcome to take part in
COE discussions. He wryly observed that this must be the case,
given the microphones at the observer states' seats. The chair
noted that this was the case and circulated a September 2008
legal opinion confirming this interpretation. (Note: the legal
interpretation was a response to Russian objections to our
intervention regarding the Russia-Georgia war.)


5. (C) Comment: The Secretariat Director for Foreign
Relations, Zoltan Taubner (Hungary) and the Maltese Chair have
consistently been helpful in maneuvering around a small but
vocal PACE minority that wants to impose a death penalty
moratorium requirement on current observer states (such a
requirement is expected of any future observer state). Most
member states would welcome such a moratorium from the U.S.;
they recognize, however, how our federal system functions and
realize that changing observer state requirements ex post facto
would be counterproductive. Still, we expect that various
parliamentarians in the PACE will continue to grandstand and
criticize us strongly on this issue.

CARVER