9 April 1999

No. 99/352

ml

- CM(99)54

1. The term of office of the holder of the seat in respect of Ireland expired on 21 March 1999. Consequently, it is necessary to elect a member of the CPT in respect of this country.

2. Article 4, paragraphs 2 and 4, of the Convention provide that:

"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.

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, paragraph 1, of the Convention 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."

3. The Bureau of the Assembly has drawn up a list of names in respect of Ireland which is reproduced, together with the relevant letter of nomination and the curricula vitae of the candidates, in document CM(99)54.

4. In accordance with the decision taken by the Deputies at their 532nd meeting (March 1995, item 4.1), the Rapporteur Group on Human Rights held a preliminary exchange of views on this question at the meeting held on 1999, with Ambassador Ulrich Hack, Permanent Representative of Austria, in the Chair.

5.    At that meeting, the Rapporteur Group agreed to submit the list of candidates in respect of Ireland to the Deputies, expressing agreement with the order of preference indicated by the Bureau of the Parliamentary Assembly.

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

7. 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.

4.3

(CM(99)54)

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 a member of the CPT, with effect from 1999 for a term of office which will expire on 2003 :

- .................... (in respect of Ireland)

2.    adopted accordingly Resolution DH (99) ..., as it appears at Appendix ... to the present volume of Decisions. <See Appendix to these Notes>

(item 4.3)

DRAFT RESOLUTION DH (99) ...

(Adopted by the Committee of Ministers on ...

at the 668^th 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") in respect of Ireland expired on 21 March 1999;

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

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 Assembly of Ireland, and forwarded to the Chairman of the Committee of Ministers by the Clerk of the 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 a member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 1999 for a term of office which will expire on 2003 :

- .................... (in respect of Ireland).