MINISTERS’ DEPUTIES

Notes on the Agenda

CM/Notes/1360/4.2

12 November 2019[1]

1360th meeting, 13 November 2019 4 Human rights   4.2 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) Election of members in respect of Albania, Latvia and Portugal Item prepared by the GR-H at its meeting on 12 November 2019 Reference documents CM(2019)171, AS/Bur(2019)45, AS/Bur(2019)60, AS/Bur(2019)59

 

Action To elect members of the CPT in respect of Albania, Latvia and Portugal, in the light of the informal exchange of views held on the lists of candidates in the GR-H on 12 November 2019.

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

“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 terms of office of the members of the CPT in respect of Albania, Latvia and Portugal will expire on 19 December 2019. Consequently, it is necessary to elect members of the CPT in respect of those three countries.

5.         The Bureau of the Parliamentary Assembly has drawn up the lists of names for the seats in respect of those countries which is reproduced in document CM(2019)171. The curricula vitae of the candidates appear in documents AS/Bur(2019)45, AS/Bur(2019)60 and AS/Bur(2019)59.

6.         In accordance with the decision taken by the Deputies at their 532^nd meeting (March 1995, item 4.1), the Rapporteur Group on Human Rights (GR-H) held a preliminary exchange of views on this question on 12 November 2019. The conclusions of the exchange of views are reflected in the synopsis of the meeting (document GR-H(2019)CB8). The Chair of the GR-H will report orally on the outcome of the discussion.

7.         It is 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.

8.         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 784^th 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. CM(2019)171, Appendix 2, the updated composition of Groups “A” and “B” following the Deputies decision dated 21 February 2002 and subsequent decisions taken at the 874^th (3 March 2004), 888^th (16 June 2004), 930^th (15 June 2005), 969^th (21 June 2006), 998^th (13 June 2007) and 1196^th (2 April 2014) meetings).

9.         In accordance with these decisions, the terms of office of the members to be elected in respect of Albania, Latvia and Portugal (Group “B”) will run until 19 December 2023.

Financing assured: YES

DRAFT DECISION

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 also having regard to the decisions taken at their 784^th, 874^th, 888^th, 930^th, 969^th, 998^th and 1196^th meetings concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention, adopted Resolution CM/ResCPT(2019)…

Appendix 1

Draft Resolution CM/ResCPT(2019)…

Election of members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in respect of Albania, Latvia and Portugal

(Adopted by the Committee of Ministers on 13 November 2019
at the 1360^th meeting of the Ministers' Deputies)

 

The Committee of Ministers, under the terms of Article 5.1 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 terms of office of the members of the CPT in respect of Albania, Latvia and Portugal will expire on 19 December 2019;

Considering that, in the light of the foregoing, it is necessary to elect members of the Committee in respect of these three 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 Albania, Latvia and Portugal to the Parliamentary Assembly and forwarded to the Chairperson of the Ministers’ Deputies 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,

1.         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
20 December 2019, for a term of office which will expire on 19 December 2023:

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

2.         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
20 December 2019, for a term of office which will expire on 19 December 2023:

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

3.         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
20 December 2019, for a term of office which will expire on 19 December 2023:

            - .................... (in respect of Portugal).

Appendix 2

Lists of candidates

ALBANIA

1.       Ms Helena PAPA

2.       Ms Arta MANDRO

3.       Mr Aurel BORIÇI

LATVIA

1.         Ms Solvita OLSENA

2.         Ms Elīna ŠTEINERTE

3.         Mr Imants JUREVIČIUS

PORTUGAL

1.         Ms Vânia ESTEVES COSTA HENRIQUES RAMOS

2.         Mr Celso José DAS NEVES MANATA

3.         Mr Jorge Manuel DA SILVA ROSAS DE CASTRO