A further example of the Council of Europe’s work on counter-terrorism is the publication of the European Commission against Racism and Intolerance (ECRI) General Policy Recommendation No. 8 on Combating Racism while Fighting Terrorism. That recommendation advises states, inter alia, to “review legislation and regulations adopted in connection with the fight against terrorism to ensure that these do not discriminate directly or indirectly against persons or groups of persons notably on grounds of race, colour, language, religion, nationality or national or ethnic origin.” 67 Another monitoring mechanism within the Council of Europe, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), also regularly addresses human rights abuses in the fight against terrorism in its reports and recommendations.68 European Union An EU Council common position adopted in the aftermath of the attacks of 11 September 2001 defines “terrorist group” as a structured group of persons, acting in concert to commit terrorist acts, regardless of its composition or the level of development of its structure.69 The EU Council Framework Decision on Combating Terrorism was adopted few months later and requires the creation of, and prosecution for, specified offences on a state’s territory. It provides for states to establish extra-territorial jurisdiction over nationals or residents wherever a terrorist act is committed.70 Threatening to commit any of these criminal acts is also to be treated as a terrorist offence. The Framework Decision contains an express recognition and commitment to implementation within a human rights context. It expressly states that “This Framework Decision respects fundamental rights as guaranteed by the [ECHR] and as they emerge from the constitutional traditions common to the Member States”. The EU has also established its own listing procedures for dealing with terrorist individuals and entities through a series of common positions in the context of the EU’s common foreign and security policy.71 These give rise to a number of consequences ranging from the freezing of assets to a commitment to enhanced police and judicial co-operation in relation to those persons and entities. As part of the EU’s response to terrorism, a counter-terrorism co-ordinator has been appointed and a counter-terrorism strategy agreed for the EU. That strategy has four component parts:72 67 ECRI, General Policy Recommendation No. 8 on combating racism while fighting terrorism, 17 March 2004, p. 2. 68 All public CPT documents are available at http://www.cpt.coe.int. 69 EU Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism. The extraordinary European Council of 21 September 2001 defined terrorism as one of the main challenges facing the world and identified the fight against terrorism as one of the European Union’s priority objectives. The common position was intended to implement additional measures further to UN Security Council Resolution 1373 (2001). Specifically, it draws up a list of individuals, groups and entities involved in terrorism whose funds and other financial assets are to be frozen as part of the fight against the financing of terrorism. 70 EU Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism, OJ L 164/3. In Article 1 of the Framework Decision, the definition of terrorism offences combines two elements: (1) an objective element drawing from a list of serious offences (e.g., attacks on person’s life, kidnapping, hostage taking, seizure of aircraft, etc.); and (2) a subjective element in that the acts will be considered as terrorist offences only if intentionally committed with a specific terrorist aim as described in the Decision. 71 E.g. op. cit. note 69, EU Council Common Position 931, and EU Council Common Position 96/746/CFSP of 26 February 2001 concerning additional restrictive measures against the Taliban and amending Common Position. 72 The EU Counter-Terrorism Strategy was adopted by the Justice and Home Affairs Council in December 2005. Countering Terrorism, Protecting Human Rights 41