<ПРОТОКОЛ n 5 ОБ ИЗМЕНЕНИИ СТАТЕЙ 22 И 40 КОНВЕНЦИИ О ЗАЩИТЕ ПРАВ ЧЕЛОВЕКА И ОСНОВНЫХ СВОБОД> (ets n 55) [англ.](Подписан в г. Страсбурге 20.01.1966)
PROTOCOL No. 5
TO THE CONVENTION FOR THE PROTECTION OF HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS, AMENDING
ARTICLES 22 AND 40 OF THE
CONVENTION
(ETS N 55)
(Strasbourg, 20.I.1966)
The governments
signatory hereto, being members of the Council of Europe,
Considering
that certain inconveniences have arisen in the application of the provisions of
Articles 22 and 40 of the Convention for the Protection of Human Rights and
Fundamental Freedoms signed at Rome on 4th November 1950 (hereinafter referred
to as "the Convention") relating to the length of the terms of office of the
members of the European Commission of Human Rights (hereinafter referred to as
"the Commission") and of the European Court of Human Rights (hereinafter
referred to as "the Court");
Considering that it is desirable to ensure
as far as possible an election every three years of one half of the members of
the Commission and of one third of the members of the Court;
Considering
therefore that it is desirable to amend certain provisions of the
Convention,
Have agreed as follows:
Article 1
In Article 22 of
the Convention, the following two paragraphs shall be inserted after paragraph
2:
"3 In order to ensure that, as far as possible, one half of the
membership of the Commission shall be renewed every three 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 six years but not more than nine and not less than three
years.
4 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 the drawing of lots by the Secretary
General, immediately after the election."
Article 2
In Article 22 of the
Convention, the former paragraphs 3 and 4 shall become respectively paragraphs 5
and 6.
Article 3
In Article 40 of the Convention, the following two
paragraphs shall be inserted after paragraph 2:
"3 In order to ensure
that, as far as possible, one third of the membership of the Court shall be
renewed every three years, the Consultative Assembly 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 nine years but
not more than twelve and not less than six years.
4 In cases where more
than one term of office is involved and the Consultative Assembly applies the
preceding paragraph, the allocation of the terms of office shall be effected by
the drawing of lots by the Secretary General immediately after the
election."
Article 4
In Article 40 of the Convention, the former
paragraphs 3 and 4 shall become respectively paragraphs 5 and 6.
Article
5
1 This Protocol shall be open to signature by members of the Council of
Europe, signatories to the Convention, who may become Parties to it by:
a
signature without reservation in respect of ratification or acceptance;
b
signature with reservation in respect of ratification or acceptance, followed by
ratification or acceptance.
Instruments of ratification or acceptance
shall be deposited with the Secretary General of the Council of Europe.
2
This Protocol shall enter into force as soon as all Contracting Parties to the
Convention shall have become Parties to the Protocol, in accordance with the
provisions of paragraph 1 of this article.
3 The Secretary General of the
Council of Europe shall notify the members of the Council of:
a any
signature without reservation in respect of ratification or acceptance;
b
any signature with reservation in respect of ratification or acceptance;
c the deposit of any instrument of ratification or acceptance;
d the date
of entry into force of this Protocol in accordance with paragraph 2 of this
article.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Strasbourg, this 20th day of
January 1966, in English and in French, both texts being equally authoritative,
in a single copy which shall remain deposited in the archives of the Council of
Europe. The Secretary General shall transmit certified copies to each of the
signatory governments.
