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Ministers’ Deputies
CM Documents

CM(2011)30       24 February 20111

1110 Meeting, 30-31 March 2011
4 Human rights

4.6 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –
Election of a member of the CPT in respect of Moldova

For consideration by the GR-H at its meeting of 17 March 2011

1. Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment provides as follows:

    “The members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes, from a list of names drawn up by the Bureau of the Consultative Assembly of the Council of Europe; each national delegation of the Parties in the Consultative Assembly shall put forward three candidates, of whom two at least shall be its nationals.”

2. Article 5, paragraph 2, of the Convention provides that the same procedure shall be followed in filling casual vacancies.

3. Article 4 of the Convention provides that:

    “1. The Committee shall consist of a number of members equal to that of the Parties.

    2. The members of the Committee shall be chosen from among persons of high moral character, known for their competence in the field of human rights or having professional experience in the areas covered by this Convention.

    3. ...

    4. The members shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.”

4. The seat in the CPT in respect of Moldova has been vacant since 20 December 2009. Consequently, it is necessary to elect a member of the CPT in respect of that country.

5. By letter dated 31 January 2011, the Secretary General of the Parliamentary Assembly transmitted to the Chairman of the Ministers’ Deputies the list of names drawn up by the Bureau of the Parliamentary Assembly in respect of Moldova (cf. Appendix 1).

6. The curricula vitae of the candidates appear in document AS/Bur(2010)82.

7. The Bureau of the Parliamentary Assembly drew up the list of names in the following order of preference:

    1. Mr Ghenadie BARBĂ ; 2. Mr Victor ZAHARIA ; 3. Ms Ana RACU.

8. According to Article 5, paragraph 3, of the Convention, members of the CPT shall be elected for a period of four years. However, in pursuance of paragraph 4 of Article 5 of the Convention, in order to ensure that, as far as possible, one half of the membership of the Committee shall be renewed every two years, the Committee of Ministers may decide that the term or terms of office of one or more members to be elected shall be for a period other than four years but not more than six and not less than two years. At their 784th meeting (21 February 2002), the Deputies agreed, in the light of the objective set out in this provision of the Convention, to divide, for election purposes, members of the CPT elected in respect of the – then – 41 Parties to the Convention into two Groups “A” and “B” (cf. Appendix 2, the updated composition of Groups “A” and “B” following the Deputies decision dated 21 February 2002 and subsequent decisions taken at the 874th (3 March 2004), 888th (16 June 2004), 930th (15 June 2005), 969th (21 June 2006) and 998th (13 June 2007) meetings).

In accordance with these decisions, the term of office of the member to be elected in respect of Moldova (Group “A”) will run until 19 December 2013.

Appendix 1

Appendix 2

Updated composition of Groups “A” and “B” following the Deputies’ decision
dated 21 February 2002 and subsequent decisions taken
at the 874th (3 March 2004), 888th (16 June 2004), 930th (15 June 2005),
969th (21 June 2006) and 998th (13 June 2007) meetings

GROUP A
Based on 19 December 2005 and subsequent four year periods

GROUP B
Based on 19 December 2007 and subsequent four year periods

Members elected in respect of:

    - Austria
    - Bulgaria
    - Croatia
    - Denmark
    - Estonia
    - France
    - Georgia
    - Germany
    - Hungary
    - Liechtenstein
    - Luxembourg
    - Moldova

    - Monaco
    - Netherlands
    - Norway
    - Serbia
    - Slovenia
    - Spain
    - Sweden
    - Switzerland
    - Turkey
    - Ukraine
    - United Kingdom

Members elected in respect of:

    - Albania
    - Andorra
    - Armenia
    - Azerbaijan
    - Belgium
    - Cyprus
    - Czech Republic
    - Finland
    - Greece
    - Iceland
    - Ireland
    - Italy
    - Latvia
    - Lithuania
    - Malta
    - Montenegro
    - Poland
    - Portugal
    - Romania
    - Russian Federation
    - San Marino
    - Slovak Republic
    - “the former Yugoslav Republic
    of Macedonia”

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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