784cmnotes4_4






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    Ministers’ Deputies
    Notes on the Agenda

    CM/Notes/784/4.4 7 February 2002
    ———————————————

    784 Meeting, 21 February 2002
    4 Human Rights


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

    Implementation of Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

    Reference documents
    CM(2002)7

    ———————————————

      Action

      The Deputies are invited to examine the attached draft decisions with a view to their adoption.

    1. Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which will enter into force on 1 March 2002, modifies the rules governing the election of members of the CPT. In particular, Article 5 of the Convention is supplemented by a new paragraph 4, which reads as follows:

    "4. 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, before proceeding to any subsequent election, 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."

    2. In the light of the explanations contained in document CM(2002)7, concerning the modalities of the implementation of the new system of renewal of one half of the membership of the CPT every two years, the Deputies are invited to agree to divide, for election purposes, members of the CPT elected in respect of the existing 41 Parties to the Convention in two groups "A" and "B", as set out in Appendix II to the above-mentioned CM document.

      Financing assured: YES

    DRAFT DECISIONS

    784th meeting – 21 February 2002

    Item 4.4

    European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –
    Implementation of Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

    (CM(2002)7)

    Decisions

    The Deputies

    1. agreed, in the light of the objective set out in the new paragraph 4 of Article 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, to divide, for election purposes, members of the CPT elected in respect of the existing 41 Parties to the Convention into two groups "A" and "B", composed as follows:

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

      Members elected in respect of:
      - Albania
      - Andorra
      - Belgium
      - Cyprus
      - Czech Republic
      - Finland
      - Greece
      - Iceland
      - Ireland
      - Italy
      - Latvia
      - Lithuania
      - Malta
      - Poland
      - Portugal
      - Romania
      - Russian Federation
      - San Marino
      - Slovak Republic
      - "the former Yugoslav Republic
      of Macedonia"

    2. decided to apply the procedure provided for in paragraph 4 of Article 5 of the Convention to any election of CPT members in respect of the existing 41 Parties to the Convention to be held as from 1 March 2002, in such a way as progressively to establish the two groups "A" and "B".



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