781cmnotes4_2






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    Ministers’ Deputies
    Notes on the Agenda

    CM/Notes/781/4.2 10 January 2002
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    781 Meeting, 30 January 2002
    4 Human Rights


    4.2 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

    Election of members of the CPT in respect of Estonia and Turkey

    Item to be prepared by the GR-H

    Reference documents
    CM(2001)196

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      Action

      The Deputies are invited to elect two members of the CPT, one in respect of Estonia and one in respect of the Turkey, in the light of the preliminary exchange of views held on the lists of candidates in the Rapporteur Group on Human Rights.


    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 stipulates that the same procedure shall be followed in filling casual vacancies.

    3. Article 4 of the Convention stipulates 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 respect of Estonia has been vacant since 19 December 2001 and the seat in respect of Turkey has been vacant since 20 September 2001. 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, for each of the two countries, a list of names. These lists are reproduced, together with the relevant letters of nomination and the curricula vitae of the candidates, in document CM(2001)196.

    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) will hold a preliminary exchange of views on this question. Ambassador E. Kourula, Permanent Representative of Finland, Chairman of the Rapporteur Group, will report orally to the Deputies concerning the outcome of this exchange of views.

    7. According to Article 5, paragraph 3, of the Convention, members of the CPT shall be elected for a period of four years.

    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

    781st meeting – 30 January 2002

    Item 4.2

    European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
    Election of members in respect of Estonia and Turkey
    (CM(2001)196)

    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,

    1. declared the following candidate elected/re-elected as member of the CPT, with effect from 30 January 2002 for a term of office which will expire on 29 January 2006:

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

    2. declared the following candidate elected as member of the CPT with effect from 30 January 2002 for a term of office which will expire on 29 January 2006:

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

    3. adopted accordingly Resolution ResCPT(2002) ..., as it appears at Appendix ... to the present volume of Decisions. <See Appendix to these Notes>
    Appendix
    (item 4.2)

    Draft Resolution ResCPT(2002)…
    Election of members of the European Committee for the Prevention of Torture
    and Inhuman or Degrading Treatment or Punishment (CPT)

    in respect of Estonia and Turkey

    (Adopted by the Committee of Ministers
    on ... 2002

    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 term of office of the member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereafter referred to as “the Committee”) elected in respect of Estonia expired on 18 December 2001;

    Considering that the term of office of the member of the Committee elected in respect of Turkey expired on 20 September 2001;

    Considering that, in the light of the foregoing, it is necessary to elect members of the Committee in respect of Estonia and Turkey;

    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 to the Parliamentary Assembly of Estonia and Turkey and forwarded to the Chairman of the Committee of Ministers by the Secretary General of the Parliamentary Assembly;

    Considering that Article 5, paragraph 3, of the Convention provides that the members of the Committee shall be elected for a period of four years;

    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 30 January 2002 for a term of office which will expire on 29 January 2006:

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

    Declares the following candidate elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 30 January 2002 for a term of office which will expire on 29 January 2006:

    - .................... (in respect of Turkey).



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