Elections
by the Parliamentary Assembly
ii.Election
of the members of the European Court of Human Rights and of the
European Committee for the Prevention of Torture
A. Extract from the Convention for the
protection of human rights and fundamental freedoms
(signed at Rome on 4 November 1950, as amended by Protocols
Nos. 11, 14 and 15)
Articles relating to the election of the judges of the
European Court of Human Rights on which action is taken by the Assembly
Article
20
Number of judges
The Court shall consist of a number
of judges equal to that of the High Contracting Parties.
Article
21
Criteria for office
1. The judges shall
be of high moral character and must either possess the qualifications
required for appointment to high judicial office or be jurisconsults
of recognised competence.
2. Candidates shall
be less than 65 years of age at the date by which the list of three
candidates has been requested by the Parliamentary Assembly, further
to Article 22.
3. The judges shall
sit on the Court in their individual capacity.
4. During their term
of office the judges shall not engage in any activity which is incompatible
with their independence, impartiality or with the demands of a full-time
office; all questions arising from the application of this paragraph
shall be decided by the Court.
Article
22
Election of judges
The judges shall
be elected by the Parliamentary Assembly with respect to each High
Contracting Party by a majority of votes cast from a list of three
candidates nominated by the High Contracting Party.
Article
23
Terms of office and dismissal
1. The judges shall
be elected for a period of nine years. They may not be re-elected.
2. The judges shall
hold office until replaced. They shall, however, continue to deal
with such cases as they already have under consideration.
3. No judge may be
dismissed from office unless the other judges decide by a majority
of two-thirds that that judge has ceased to fulfil the required
conditions.
B. Extract
from the European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment
Text amended according to the provisions of Protocols
No. 1 and No. 2 which entered into force on 1 March 2002
signed at Strasbourg on 26 November 1987
Articles
relating to the election of the members of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment on which action is taken by the Assembly
Article
4
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. No two members
of the Committee may be nationals of the same state.
4. The members shall
serve in their individual capacity, shall be independent and impartial, and
shall be available to serve the Committee effectively.
Article
5
1. 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 (Parliamentary)
Assembly of the Council of Europe; each national delegation of the
Parties in the Consultative (Parliamentary) Assembly shall put forward
three candidates, of whom two at least shall be its nationals.
Where a member is to be elected to
the Committee in respect of a non-member state of the Council of
Europe, the Bureau of the Consultative (Parliamentary) Assembly
shall invite the Parliament of that state to put forward three candidates,
of whom two at least shall be its nationals. The election by the
Committee of Ministers shall take place after consultation with
the Party concerned.
2. The same procedure
shall be followed in filling casual vacancies.
3. The members of
the Committee shall be elected for a period of four years. They
may be re-elected twice. However, among the members elected at the
first election, the terms of three members shall expire at the end
of two years. The members whose terms are to expire at the end of
the initial period of two years shall be chosen by lot by the Secretary
General of the Council of Europe immediately after the first election
has been completed.
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.
5. In cases where
more than one term of office is involved and the Committee of Ministers applies
the preceding paragraph, the allocation of the terms of office shall
be effected by drawing of lots by the Secretary General of the Council
of Europe, immediately after the election.
