Ministers' Deputies
    Notes on the Agenda

    CM/Notes/873/4.5 11 February 2004
    ———————————————

    873 Meeting, 18 February 2004
    4 Human Rights


    4.5 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 Belgium

    Reference documents
    CM(2004)19

    GR-H(2004)CB3

    Item prepared by the GR-H
    ———————————————

    Action

    To elect a member of the CPT in respect of Belgium, in the light of the preliminary exchange of views held on the list of candidates in the Rapporteur Group on Human Rights (GR-H).

    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 seat in respect of Belgium has been vacant since 8 January 2004. Consequently, it is necessary to elect a member of the CPT in respect of this country.

    5. The Bureau of the Parliamentary Assembly has drawn up a list of names. This list is reproduced, together with the relevant letter of nomination and the curricula vitae of the candidates, in document CM(2004)19.

    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 8 January 2004. After debate within the Group, the Chairman noted that the GR-H had expressed a preference for the first candidate on the list, Mr Marc Nève.

    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 new paragraph 4 of this Article, 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.

    In accordance with the decision taken by the Deputies at their 784th meeting (21 February 2002, item 4.4), to apply the procedure provided for in paragraph 4 of Article 5 of the Convention in such a way as progressively to establish the two groups "A" and "B" as agreed upon during the same meeting, it is proposed to fix 19 December 2007 as the date of expiry of the terms of office of the members elected in respect of Belgium.

    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

    873rd meeting – 18 February 2004

    Item 4.5

    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 Belgium

    (CM(2004)19)

    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 decision taken at their 784th meeting 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 2007:

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

    2. adopted accordingly Resolution ResCPT(2004) ..., as it appears at Appendix ... to the present volume of Decisions. <See Appendix to these Notes>

    Appendix I
    (item 4.5)

    Draft Resolution ResCPT(2004)…
    Election of a member of the European Committee for the Prevention of Torture
    and Inhuman or Degrading Treatment or Punishment (CPT)

    in respect of Belgium

    (Adopted by the Committee of Ministers on ... 2004
    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 seat 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 Belgium became vacant on 8 January 2004;

    Considering that, in the light of the foregoing, it is necessary to elect a member of the Committee in respect of Belgium;

    Having regard to the list 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 Belgium 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 2007:

    - .................... (in respect of Belgium).



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