Considerations on COM(2022)187 - Amendment of Regulation 2018/1727, as regards the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes at Eurojust - Main contents
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| dossier | COM(2022)187 - Amendment of Regulation 2018/1727, as regards the collection, preservation and analysis of evidence relating to genocide, ... |
|---|---|
| document | COM(2022)187  |
| date | April 25, 2022 |
(2) Eurojust is competent with respect to the forms of serious crime listed in Annex I to Regulation (EU) 2018/1727, which include genocide, crimes against humanity and war crimes. In accordance with Article 3(4) of Regulation (EU) 2018/1727, Eurojust’s competence also covers criminal offences related to the criminal offences listed in Annex I to that Regulation.
(3) On 24 February 2022, Russia began a military aggression against Ukraine. There is a reasonable basis to believe that crimes against humanity and war crimes have been and are being committed in Ukraine in the context of the current hostilities.
(4) In view of the gravity of the situation, the Union should take all the necessary measures, as a matter of urgency, to ensure that those who committed those crimes in Ukraine are held responsible.
(5) Prosecution services in several Member States as well as in Ukraine have started investigations concerning the events in Ukraine, when appropriate relying on the support of Eurojust. Eurojust concluded an agreement on cooperation with Ukraine on 27 June 2016. In accordance with this agreement, a Ukrainian liaison prosecutor is posted to Eurojust to facilitate the cooperation between Eurojust and Ukraine.
(6) In accordance with the Rome Statute 9 , the International Criminal Court has the power to exercise its jurisdiction over individuals responsible for the most serious crimes of international concern, as referred to in the Rome Statute. The jurisdiction of the International Criminal Court is complementary to national criminal jurisdictions. The Office of the Prosecutor of the International Criminal Court announced it has proceeded to open an investigation into the situation in Ukraine.
(7) Due to the application of the principle of universal jurisdiction in several Member States and the complementary nature of the International Criminal Court’s jurisdiction, coordination and exchange of evidence between national investigating and prosecuting authorities in different jurisdictions as well as with the International Criminal Court, or other court, tribunal or mechanism established for that purpose, is important to ensure the effectiveness of investigations and prosecutions of genocide, crimes against humanity and war crimes and related offences, including those that may be committed in Ukraine in the context of the current hostilities.
(8) To ensure that evidence and best practices relating to the prosecution of genocide, crimes against humanity and war crimes are shared with national and international judicial authorities, Eurojust should enhance its cooperation with criminal courts, tribunals and mechanisms established to address breaches of international law. For that purpose, Eurojust should establish close cooperation with the International Criminal Court and any other court, tribunal or mechanism that aims at addressing crimes affecting the international peace and safety. Accordingly, Eurojust should also facilitate the execution of judicial cooperation requests from the International Criminal Court or special criminal courts, tribunals or mechanisms concerning evidence related to genocide, crimes against humanity, war crimes and related criminal offences.
(9) Evidence related to genocide, crimes against humanity and war crimes cannot be safely stored on the territory where the hostilities take place, as is the case with the evidence connected with the ongoing hostilities in Ukraine. Therefore, a central storage is necessary. Evidence collected by Union agencies and bodies and international authorities or third parties such as civil society organisations may also require a central storage place so as to be accessible to competent judicial authorities.
(10) Eurojust has the expertise and experience to support the investigations and prosecutions of cross-border crimes, including genocide, crimes against humanity, war crimes and related criminal offences. This includes preservation, analysis and storage of evidence as far as its admissibility before courts and reliability are concerned.
(11) By collecting, preserving and analysing evidence related to core international crimes, as well as, when necessary and appropriate, enabling its exchange, Eurojust can support case building in national and international investigations and provide additional support to the competent national and international authorities. Such evidence may be especially valuable to ascertain the reliability of witness testimonies.
(12) A new temporary storage facility allowing for such storage, analysis and preservation should be set up. As the need to store such evidence is urgent, it is necessary for Eurojust to store it in an automated data management and storage facility outside the case management system, until the new case management system is fully functional. The general rules of the distinct Chapter of Regulation (EU) 2018/1725 of the European Parliament and of the Council on the processing of operational personal data should apply without prejudice to the specific data protection rules of Regulation (EU) 2018/1727. The automated data management and storage facility should be integrated into the new case management system, which is expected to be established under the proposal for a Regulation on the digital information exchange in terrorism cases 10 .
(13) The storage, analysis and preservation of evidence in relation to genocide, crimes against humanity, war crimes and related criminal offences in the automated data management and storage facility, as well as their accessibility by the competent judicial authorities whenever necessary and appropriate, should comply with the highest standards of cyber security and data protection, in accordance with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
(14) Satellite images, photographs, videos and audio recordings can be useful to demonstrate the commission of genocide, crimes against humanity, war crimes and related criminal offences. Therefore, Eurojust should be able to process and store such data in relation to this purpose.
(15) Eurojust and Europol should closely cooperate in the context of their respective mandates, in particular as regards the processing and analysis of information in the context of Europol’s existing and dedicated system (called analysis project) on international crimes, to support competent authorities in investigating and prosecuting genocide, crimes against humanity, war crimes and related criminal offences. Therefore, Eurojust may refer to Europol information that it has received in the performance of its functions in accordance with Article 4(1)(j) of Regulation (EU) 2018/1727. The cooperation should include a regular joint evaluation of operational and technical issues.
(16) [In accordance with Articles 1, 2 and 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.] OR [In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified its wish to take part in the adoption and application of this Regulation.]
(17) In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
(18) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 and delivered an opinion on XX/XX/20XX.