-9- CDL-AD(2006)009 rules of international law, in particular human rights law. Thus, even if a particular “rendition” is in accordance with the national law of one of the States involved (which may not forbid or even regulate extraterritorial activities of state organs), it may still be unlawful under the national law of the other State(s). Moreover, a “rendition” may be contrary to customary international law and treaty or customary obligations undertaken by the participating State(s) under human rights law and/or international humanitarian law. 31. The term “extraordinary rendition” appears to be used when there is little or no doubt that the obtaining of custody over a person is not in accordance with the existing legal procedures applying in the State where the person was situated at the time. c. International co-operation in the fight against terrorism 32. General international law allows States to cooperate in the transport of detainees, provided that such transport is carried out in full respect of human rights and other international legal obligations of the States concerned. Numerous international treaties confirm this rule. 33. As movement around the world becomes easier and crime takes on a larger international dimension, it is increasingly in the interest of all nations that terrorist crimes be prevented and that persons who are suspected of having committed a very serious crime and are suspected to have acted from abroad or who have fled abroad should be brought to justice. Conversely, the establishment of safe havens for persons who are preparing terrorist crimes or who are suspected of having committed a serious crime would not only result in danger for the State harbouring the protected person but also tend to undermine the foundations of extradition11. 34. The European Convention on Human Rights does not, in principle, prevent cooperation between States, within the framework of extradition treaties or in matters of deportation, for the purpose of bringing suspects of serious crimes to justice, provided that it does not interfere with any of the rights or freedoms recognised in the ECHR12. 35. The Council of Europe has produced several international instruments and recommendations relating to the fight against terrorism, including three international treaties dealing with suppression of terrorism13, prevention of terrorism14 and money laundering and terrorist financing15, and three recommendations of the Committee of Ministers to member States relating to special investigation techniques; protection of witnesses and collaborators of justice; and questions of identity documents which arise in connection with terrorism16. 11 European Court of Human Rights, Soering v. the United Kingdom judgment of 7 July 1989, p. 35, § 89 12 European Court of Human Rights, Stocké v. Germany, 12 October 1989, Series A no. 199, opinion of the Commission, p. 24, § 169 13 European Convention on the Suppression of Terrorism, ETS 90 14 European Convention on the Prevention of Terrorism, ETS No. 196 15 European Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism, ETS No. 198 16 Recommendation Rec(2005)10 of the Committee of Ministers to member States on “special investigation techniques” in relation to serious crimes including acts of terrorism; Recommendation REC(2005)09 of the Committee of Ministers to member States on the protection of witnesses and collaborators of justice; Recommendation Rec(2005)07 of the Committee of Ministers to member States on identity and travel documents and the fight against terrorism.

Select target paragraph3