13 June 1994

Doc. 7104

MOTION FOR A RESOLUTION

on the control of internal security services in Europe

presented by Mr STOFFELEN and others 1


1.       The Assembly notes with concern that internal security services, secret information services, etc, in Council of Europe member states are seldom regulated or subjected to parliamentary control.

2.       While efficient internal security services can be vital to the national security of a state, as far as, for example, counter-espionage or the monitoring of subversive activities are concerned, they also seem sometimes to be surveying people who are just exercising their right of free speech or peaceful political dissent.

3.       Since many internal security services are not subjected either to regulatory legislation or to parliamentary control, there is scope for abuse. For example, if the terms "subversive activities" or "in the interests of national security" remain undefined, uncomfortable citizens - those who do not share the view of the government in power - may well also become regarded as a threat to the status quo.

4.       It is very important that no blurring of the boundaries between police activity and security service activity takes place. This is especially vital in as far as investigation methods and data protection are concerned. While the police often have valid grounds for using intrusive investigation methods, such as the tapping of telephones or the interception of private mail, since they are usually investigating a crime that has already been committed, the security services often monitor potential criminals. In this context, the security services should also be required, for example, to produce a warrant (signed by a judge or by one or more ministers) when requesting telephone tapping.

5.       The Assembly thus calls on member states to draft and adopt legislation and other regulations on their internal security services and to subject them to parliamentary control, if they have not already done so. Member states should also make scrupulously sure that internal security services are kept absolutely free from any political bias or influence, and that these services respect human rights and the rule of law.

Signed:

Stoffelen, Frunda, Trojan, Hadjidemetriou, Fico,

Andriukaitis, Lupu, Tabajdi, Holand, Soysal, Jaskiernia,

Hagård, Franck, Rokofyllos Haller, Bindig, Rodotā


1 1 1. This text only represents the views of the individual members who have signed it. It does not reflect a position adopted by the Parliamentary Assembly.