Ministers’ Deputies
Notes on the Agenda

CM/Notes/1081/4.3 24 March20101
__________________________

1081 Meeting, March 2010
4 Human rights

4.3 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –
Election of members of the CPT in respect of Croatia and France

Item prepared by the GR-H at its meeting on 23 March 2010

Reference documents
CM(2010)20, AS/Bur(2009)99, AS/Bur(2009)92
__________________________

Action

To elect two members of the CPT, in respect of Croatia and France, in the light of the preliminary exchange of views held on the lists of candidates in the Rapporteur Group on Human Rights (GR-H) on 23 March 2010.

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

    "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 seats in the CPT in respect of Croatia and France are vacant since 20 December 2009. Consequently, it is necessary to elect members of the CPT in respect of these two countries.

5. The Bureau of the Parliamentary Assembly has drawn up lists of names for these countries. These lists are reproduced in document CM(2010)20. The curricula vitae of the candidates appear in documents AS/Bur(2009)99 and AS/Bur(2009)92.

6. In accordance with the decision taken by the Deputies at their 532nd meeting (March 1995, item 4.1), the Rapporteur Group on Human Rights (GR-H) held a preliminary exchange of views on this question on 23 March 2010. The conclusions of the exchange of views are reflected in the synopsis of the meeting (document GR-H(2010)CB2). The Chair of the GR-H will also report orally on the outcome of the discussion.

7. 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. document CM(2010)20, 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).

In accordance with these decisions, the terms of office of the members to be elected in respect of Croatia and France (Group “A”) will run until 19 December 2013.

8. It will be recalled that, to be elected, it is necessary to obtain an absolute majority of the votes of the Deputies having the right to vote. All members of the Committee of Ministers are entitled to take part in the vote, which will be by secret ballot. Should none of the candidates on the list obtain the required majority, it would be necessary to hold a second round of voting. If a second round is held, the candidate placed in third position may be omitted, if the Committee so decides.

Financing assured: YES

DRAFT DECISIONS

1081st meeting – 31 March 2010

Item 4.3

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –
Election of members of the CPT in respect of Croatia and France
(CM(2010)20, AS/Bur(2009)99, AS/Bur(2009)92)

Decisions

The Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decisions taken at their 784th, 874th, 888th, 930th, 969th and 998th meetings concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention:

1. declared the following candidate elected/re-elected as member of the CPT, with effect from [date of decision], for a term of office which will expire on 19 December 2013:

- .................... (in respect of Croatia);

2. declared the following candidate elected/re-elected as member of the CPT, with effect from [date of decision], for a term of office which will expire on 19 December 2013:

- .................... (in respect of France);

3. adopted accordingly Resolution CM/ResCPT(2010)…, as it appears at Appendix … to the present volume of Decisions. << Appendix to these Notes >>

Appendix

Draft Resolution CM/ResCPT(2010)…
Election of members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
in respect of Croatia and France

(Adopted by the Committee of Ministers on ... 2010
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereafter referred to as “the Convention”),

Having regard to Articles 1 and 4 of the Convention;

Considering that the seats in the CPT in respect of Croatia and France are vacant since 20 December 2009;

Considering that, in the light of the foregoing, it is necessary to elect members of the Committee in respect of these two countries;

Having regard to the lists of names drawn up by the Bureau of the Parliamentary Assembly, in accordance with the provisions of Article 5, paragraph 1, of the Convention, on the basis of proposals from the Representatives of Croatia and France to the Parliamentary Assembly and forwarded to the Chairman of the Committee of Ministers by the Secretary General of the Parliamentary Assembly;

Having regard to the provisions of Article 5, paragraphs 3 and 4, of the Convention;

Having voted by secret ballot,

Declares the following candidate elected/re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from [date of decision], for a term of office which will expire on 19 December 2013:

- .................... (in respect of Croatia);

Declares the following candidate elected/re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from [date of decision], for a term of office which will expire on 19 December 2013:

- .................... (in respect of France).

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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