WESTERN EUROPE: ONGOING COUNTERTERRORIST COOPERATION
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP93T00643R000200970001-0
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
13
Document Creation Date:
December 22, 2016
Document Release Date:
December 13, 2011
Sequence Number:
1
Case Number:
Publication Date:
May 6, 1987
Content Type:
MEMO
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Ccnlral Inldligcncc Agcncy
W nhhiF lun.l) C 211505
(p_3-JUN 1-,81
WESTERN EUROPE: ONGOING COUNTERTERRORIST COOPERATION
6 MAY 1987
(f 4-rA4a/___
This memorandum was prep
ared by
Office
of
European
25X1
Analysis, Issues and Applicati
ons Division, R
egiona
l Political Is
sues
Branch
Questions and comments are welcome and may be a
ddress
ed to John Gan
non,
.
Chief,
Issues and Applications Division
25X1
EUR M87-20061
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Terrorism has been increasingly discussed since the
late 1970s in the annual Economic Summit held by Canada,
France, Italy, Japan, the United Kingdom, the United States,
and West Germany. An experts group on terrorism, which
plays a role in Summit planning, generally submits a draft
declaration for the leaders to incorporate in their final
Summit statement. Past Summits issued such agreements as
the 1978 Bonn Declaration on aircraft hijacking, the 1980
Venice Declaration on the protection of diplomats, and last
year's Tokyo statement on terrorism.
Recurrent terrorist acts, the desire to convince their
publics of their determination to take effective action, and
highly publicized trials of Middle Eastern terrorists in
several European capitals have impelled West European
governments to a more resolute posture against terrorism
over the past year. The European Community, for example,
imposed limited sanctions against Libya and Syria, agreed to
share more information among themselves, and examined ways
to coordinate more uniform extradition policies and border
controls. Meanwhile, the Council of Europe has provided a
means of involving non-EC members in the battle against
terrorism. The Summit Seven intend to expand the Bonn
Declaration on hijacking at the Venice Economic Summit this
June to cover all forms of terrorism against civil aviation
and may broaden the declaration to include general
cooperative principles against terrorism.
Despite these encouraging shows of determination in
combating terrorism, West Europeans remain divided among
themselves about the wisdom of moving too aggressively and
following the US lead too closely. Many politicians argue
that to do so is to expose their countries to terrorist
retaliation, to endanger their political and economic
interests in the Third World, and to appear to be fronting
for Washington. Disclosures of deliveries of US arms to
Iran have strengthened the voices of those who argue for
caution. Moreover, recent major counterterrorist successes
against indigenous terrorist groups--in Spain and France,
for example--coupled with a general decrease in terrorist
activity in Europe also has removed some of the urgency that
enabled governments to expand their powers to combat
While West European governments are generally
supportive of a more sustained policy of cooperation against
terrorism and are cognizant of the public benefits of a high
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counterterrorist profile, further progress is likely to be
uneven. European leaders will press ahead with regional and
bilateral cooperation but will move cautiously in enacting
further antiterrorist legislation that might cause judicial
and political controversy and complicate policy coordination
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Vehicles for European Counterterrorist Cooperation
The European Community. Cooperation among the members of the EC
has been managed primarily by the Trevi Group of interior and justice
ministers and a European Political Cooperation working group on
terrorism established by the EC foreign ministers last year. The
Trevi group, currently chaired by Belgium, is continuing a number of
initiatives begun during the British presidency. A new working group
on immigration is exploring methods of curtailing the flow of asylum
seekers and abuse of the right of asylum by terrorists.
A noteworthy development last year was the willingness of EC
members occasionally to forgo consensus. The Foreign Ministers
condemned Syria last November and the Trevi group agreed on a
terrorist threat assessment for Western Europe in December even though
Greece refused to sign the formal documents in either case. Greece,
citing its aversion to "naming names" on terrorism, probably will
continue to set itself apart on this issue
The EC Judicial Cooperation Working Group has made some progress
in its efforts to simplify extradition proceedings. The new procedure
will involve a simple telefax request sent by one Ministry of Justice
to another. Since the proposal is being submitted to each country's
judicial specialists to consider questions of sovereignty, however,
agreement has been delayed for several months.
While the United States has no formal relationship with EC
groups, it does receive briefings on proceedings. Attorney General
Meese, for example, met with the Trevi troika--the past, current, and
next chairman--in Brussels in April 1987. The thoroughness of
briefings has varied according to the disposition of the presidency
country. The Danes, who chair the group next, may not be as
forthcoming as the Belgians have been. The EPC working group also has
a formal mechanism for EC third country contacts, but consultations
require prior approval by the political committee. Working-level
exchanges with countries such as the United States are frowned upon by
some members--particularly the French--who view cooperation with the
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US as less important than antra-European cooperation. The United
States is often able to obtain informal readouts of meetings, but more
extensive official contacts are unlikely.
The 21-member Council of Europe also stepped up its
counterterrorist activities. The COE's resolutions are non-binding,
but they have served to exert pressure on European capitals to
coordinate their actions against terrorism. A COE ministerial
conference on terrorism last November coincided with EC debates on
Syrian involvement in terrorism and produced a declaration condemning
terrorism and a resolution on abuse of diplomatic privileges.
Participants agreed to tighten the implementation of the Vienna
Conventions on Diplomatic and Consular Relations, which limit the size
of diplomatic missions and stress that the premises of a mission not
be used in a manner Incompatible with its functions. Although no
countries were cited specifically, members agreed they would endeavor
to adopt a joint position with regard to states that encourage acts of
Progress was also achieved in bringing all COE members under the
1977 European Convention on the Suppression of Terrorism, also known
as the Strasbourg Convention. This convention states that specific
violent crimes such as hijacking, hostage taking, and attacks on
internationally protected persons are to be considered extraditable
crimes rather than political offenses. The last holdouts--Malta,
France, Greece, and Ireland--have now signed the convention and
indicated their intention to ratify it. The Irish Dail provided the
authority for the government to ratify last December, but ratification
may be delayed pending discussion with the British on the
controversial no-jury tribunals in Northern Ireland. France has said
it will ratify with reservations--as have about half the
signatories--thus limiting the positive effects of their adherence.
Justice ministry officials who formed a new COE committee on
terrorism met for the first time in January--and again in March--but
made little headway. The committee is charged with developing
proposals for closer counterterrorist cooperation among member states,
devising ways to impede the movement of terrorists, cooperating with
the EC, and informing non-members about ongoing efforts. At the March
*In addition to the twelve EC members--Belgium, Denmark, France,
Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain,
the United Kingdom, and West Germany--the Council of Europe Includes
Austria, Cyprus, Iceland, Liechtenstein, Malta, Norway, Sweden,
Switzerland, and Turkey.
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meeting the group concentrated on using existing committees to further
its work--a public international law committee and one on the movement
of persons, for example. Full reports are expected at a June
committee meeting that will review national legislation on terrorism.
In the Interim, the Council of Ministers is scheduled to address the
question of cooperation with non-Council countries.
Non-EC members clearly seek an increased role for the Council,
but most EC states are reluctant to expand the COE's antiterrorism
role and prefer the Trevi group as the primary vehicle for
counterterrorist cooperation. EC members consider the COE too large
and unwieldy a forum for effective cooperation. They are particularly
hesitant to include in their deliberations countries such as Malta and
Cyprus, which have close ties to some radical Arab states.
One previously neglected area in which the Council may have some
impact is media coverage of terrorism. After a contentious debate at
its January session, the COE's Council of Ministers agreed that the
Secretary General should contact European media organizations with an
eye toward agreement on guidelines for journalists covering terrorist
Summit Seven Experts' Group. Agreement by the experts' group to
expand the Bonn Declaration was finally reached in March after the
French reversed a prior decision not to participate. Stiffening the
Bonn Declaration, which commits the Seven to suspend air traffic with
any country that fails to extradite or prosecute suspected hijackers,
will fulfill a commitment made at last year's Tokyo Summit. The
expanded declaration will now cover not just hijacking but all forms
of terrorism against civil aviation. It will also be extended to
include future aviation conventions.
Italy and the United States are promoting an even broader
declaration at the Summit that would commit the Seven to general
cooperative principles such as no concessions to terrorists, a
crackdown on abuses of diplomatic privileges and immunities, and
renewal of the commitment to extradite or prosecute terrorists.
Prospects for agreement will be limited by concern for the safety of
West European hostages in Lebanon, the current Italian government
crisis, and the fact that Summit members traditionally have been
unwilling to limit their freedom of action.
Bilateral Efforts. One of the more notable instances of improved
bilateral cooperation in Western Europe has been French expulsion of
Spanish militants belonging to ETA, the Basque terrorist group.
Although France had previously extradited three Basques to Spain in
1984 as a gesture of support for Spanish democracy, the new Chirac
government has used an administrative procedure to return over 50
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Basques to Spain over the past year. The French also expelled ETA
members to countries other than Spain, including the first person with
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In an attempt to dispel its reputation for "softness" toward
terrorists, Italy has actively pursued accords with the US, France,
Austria, Greece, Turkey, Egypt, and Morocco that cover International
terrorism, organized crime, and drug trafficking. Rome also signed a
new extradition treaty with the British in March 1986 that replaced
one dating from 1873. In addition, France and West Germany concluded
an antiterrorist agreement in April 1987 that provides for the
exchange of liaison officers and the expansion of the use of wanted
lists.
Domestic Legislation. Upsurges in violence impelled governments
in West Germany and France to enact tougher legislation last year.
West Germany decided to increase the use of undercover agents and add
special counterterrorist units. In December the Bundestag approved
legal measures which classified sabotage on railway lines and plants
and firms in the energy supply sector as punishable terrorist
offenses. The legislation also gave federal and state police
authorities direct access to the central traffic information system to
speed up the search for escape vehicles and expanded the competencies
of the federal prosecutor to make him responsible for terrorist
associations operating from abroad. Although a controversial
provision that would have provided immunity for suspected terrorists
whose testimony assists in the conviction of other terrorists was
dropped, a state's witness provision remains a serious consideration.
Total amnesty would not be granted for murder, however.
France has experienced violence from both internal groups and
foreign extremists operating on French soil. A national security
council to deal with terrorism composed of concerned
ministers--Foreign Affairs, Justice, Interior, Public Security, and
Defense--was set up In April 1986 and met frequently during the wave
of bombings in September. It is unlikely, however, that a permanent
organization will be created. Paris' response to the bombings
included the requirement that foreigners--except for EC nationals and
the Swiss--have visas, random identity and security checks in public
places, and deployment of troops along French borders to combat
illegal immigration. According to the Public Security minister, after
procedures for expelling illegal foreign residents were simplified,
more than 1700 foreigners were thrown out of France in a six-week
period during September and October 1986.
New laws passed in September extended the period of preventive
detention from two to four days and gave the French government the
right to dissolve foreign associations "gravely disturbing the peace."
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The government will also be able to reduce prison sentences of
convicted terrorists willing to Inform on their accomplices, while
cash rewards have been offered to those who inform police about
suspicious persons. To avoid the thorny problem of giving a legal
definition to "terrorism," the law states that certain offenses will
be prosecuted as terrorism when they are "linked with an individual or
collective enterprise for the purpose of undermining public order
through intimidation or terror". Those accused of such offenses are
referred to a court made up of seven professional magistrates, until
now used only for espionage cases. This type of court recently tried
LARF leader Georges Abdallah and unexpectedly sentenced him to life
imprisonment.
In contrast to the toughening of legislation in France and West
Germany, Italy and Spain--where the terrorist threat appeared to be
ebbing--are moderating some of their strong antiterrorist laws.
Madrid intends to lower the number of days a suspect can be kept in
preventive detention, and Rome just approved a new law aimed at
reducing the sentences of repentant terrorists who have renounced
their former ideology.
Outlook. Terrorist acts such as the assassination of General
Glorgierl in Italy, the trials of terrorists involved in the Rome and
Vienna airport attacks, as well as the hostage situation in Lebanon,
will continue to focus attention on terrorism in Western Europe this
year and are likely to force West European governments to press ahead
Thus, practical cooperation in such areas as the theft and
forgery of passports, more effective arrangements for extradition, and
a more unified approach to the problems of illegal immigration and
abuse of the right of asylum can be expected to continue. The EC, for
example, plans to to simplify frontier procedures within the Community
but will attempt to strengthen controls at external frontiers. Many
EC countries are already enforcing stricter travel controls, but are
unlikely to go along with France's requirement for entry visas for
Governments probably will move slowly In introducing further
antiterrorist legislation for fear of negative political consequences.
Civil libertarians are voicing concern that, in combating terrorists,
governments are shifting too much power to the state and the police.
Even though West Germany became the first European country to
introduce an identity card that can be read by computers and is said
to be forgery-proof, its introduction was delayed for four years
because of strong opposition by civil liberties groups. The French
have expressed similar reservations about a planned computerized
identity card and the new non-jury courts.
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Although police forces have shown more
willingness to share Information, long-standing problems of
competition, rivalry, overlapping responsibilities, and confusion
remain. For example, France and Italy still lack a central
counterterrorist coordinator with authority over the various services
and components that deal with terrorism. Many states also lack the
financial and personnel resources to implement far-reaching
While there are some prospects for constructive activity at a
bilateral and regional level, cooperation in multilateral
organizations probably will continue to be limited. Strong collective
action has proved elusive for Summit Seven members in the past. For
example, the only action ever taken under the Bonn
Declaration--against Ariana Afghan airlines--has had little
appreciable impact. Any terrorism declaration issued at this year's
summit almost certainly will have a high level of generality.
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Bonn Economic Summit Declaration (July 1978)
The heads of state and government, concerned about terrorism and
the taking of hostages, declare that their governments will intensify
their joint efforts to combat international terrorism.
To this end, in cases where a country refuses extradition or
prosecution of those who have hijacked an aircraft and/or do not
return such aircraft, the heads of state and government are jointly
resolved that their governments should take immediate action to cease
all flights to that country.
At the same time, their governments will initiate action to halt
all incoming flights from that country or from any country by the
airlines of the country concerned. The heads of state and government
urge other governments to join them in this commitment.
9
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The proposed extension of the Bonn Declaration to be issued at the
Venice Summit will alter the 1978 declaration to read as follows:
They recall that in their Tokyo statement of International
Terrorism they agreed to make the 1978 Bonn Declaration more effective
in dealing with all forms of terrorism affecting civil aviation. To
this end, in cases where a country refuses extradition or prosecution
of those who have committed offenses described in the Montreal
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation* and/or does not return the aircraft involved, the
heads of state and government are jointly resolved that their
governments shall take immediate action to cease all flights to that
country.
At the same time, their governments will initiate action to halt
all incoming flights from that country or from any country by the
airlines of the country concerned.
The heads of state and government intend also to extend the Bonn
Declaration in due time to cover any future relevant amendment to the
above convention or any other aviation conventions relating to the
extradition or prosecution of the offenders.
*The Montreal Convention covers any act of unlawful interference
likely to endanger the safety of the aircraft in flight. Article 1
enumerates such offenses:
1. Any person commits an offence if he unlawfully and intentionally:
a. performs an act of violence against a person on board an
aircraft in flight if that act is likely to endanger the safety of
that aircraft; or
b. destroys an aircraft in service or causes damage to such an
aircraft which renders it incapable of flight or which is likely to
endanger its safety in flight; or
c. places or causes to be placed on an aircraft in service, by
any any means whatsoever, a device or substance which is likely to
destroy that aircraft or to cause damage to it which renders it
incapable of flight, or to cause damage to it which is likely to
endanger its safety in flight; or
d. destroys or damages air navigation facilities or interferes
with their operation, if any such act is likely to endanger the safety
of aircraft in flight; or
e. communicates information which he knows to be false, thereby
endangering the safety of an aircraft in flight.
fa
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