The Committee of Ministers has waived the immunity of former Secretary General Thorbjørn Jagland following a request from the Norwegian authorities to pursue proceedings relating to allegations of aggravated corruption. The decision follows media revelations since November 2025 linked to documents released by United States authorities in the Epstein criminal case.
Administrative inquiry
From the outset, Secretary General Alain Berset ordered an informal internal administrative inquiry in November 2025 to clarify the circumstances and assess any potential institutional involvement. Conducted in November and December and concluded in January 2026, the inquiry aimed to establish verifiable facts and inform the Organisation's response.
"Following the revelations of November 2025, I took all measures that I considered necessary to protect the integrity and reputation of the Council of Europe," said Secretary General Alain Berset. "I requested the opening of an informal internal administrative inquiry in order to clarify the circumstances of this matter and verify what information was available." He recommended that member states grant the waiver of immunity. "This would allow the Norwegian justice system to do its work and Mr Jagland, if prosecuted, to defend himself," he said. The Secretary General emphasised that the Organisation's response has been guided by transparency, institutional responsibility, and respect for due process.
Referral to oversight and governance review
Secretary General Alain Berset has decided to refer the matter to the Council of Europe's Directorate of Internal Oversight to examine whether any failures or omissions occurred within the Organisation in connection with the events concerned. In parallel, he has launched a broader reflection on institutional governance practices, while noting that the Council of Europe has developed a robust ethical and regulatory framework over time. "Without waiting for the decision of the Director of Internal Oversight or the results of any investigation or audit, I will launch in parallel a thorough review of our institutional governance practices," he said.
Background information
At the request of the Norwegian authorities, the Council of Europe's statutory decision-making body decided to waive the immunity from legal process accorded to Mr Thorbjørn Jagland in his capacity as former Secretary General in respect of acts performed in his official capacity and within the limits of his authority, for the purposes of investigations conducted by the Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim).
At their meeting, the Ministers' Deputies from the 46 member states of the Council of Europe acted under Article 19 of the General Agreement on Privileges and Immunities of the Council of Europe on the request dated 8 February 2026. In doing so, they noted in particular that:
- Under Article 16 of the General Agreement, Secretaries General enjoy the privileges and immunities accorded to diplomatic envoys under international law;
- Under Article 39(2) of the Vienna Convention on Diplomatic Relations, immunity continues after cessation of functions for acts performed in an official capacity;
- Immunity is granted not for personal benefit but to safeguard the independent exercise of official functions.
The Committee of Ministers further noted that the Organisation shall co-operate with competent authorities to facilitate the proper administration of justice and invited the Secretary General to consider any future requests by Økokrim for related information and investigative measures concerning this case.
Read the request of the Norwegian authorities to lift immunity
Committee of Ministers of the Council of Europe
