10
CPT: 9TH GENERAL REPORT
ORGANISATIONAL ISSUES
The Convention and its Protocols
13.
Following ratifications by Latvia, Lithuania
and the Russian Federation in the course of 1998, the
European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment
became one of the few treaties drawn up within the
framework of the Council of Europe to have been
ratified by all its member States.3 In fact, ratification of
the Convention is now considered as a sine qua non of
membership of the Organisation. In this connection, it
should be noted that prior to becoming a Member of the
Council of Europe on 26 April 1999, the Republic of
Georgia gave a commitment to ratify the Convention
within twelve months of its accession.
15.
Reference should also be made to Protocol No.
2, which is designed to introduce technical amendments
to the Convention, capable of greatly facilitating the
CPT’s work.5 This Protocol has no political
ramifications. Consequently, the CPT must express its
astonishment that almost six years after the Protocol was
opened for signature, it has still not proven possible for
four Parties to the Convention (namely, Andorra,
Croatia, Portugal and Ukraine) to consent to be bound
by the text, thereby preventing its entry into force.6 The
CPT trusts that the decision taken on 19 January 1999 by
the Committee of Ministers, urging the States concerned
to take this step, will have the desired effect.
14.
The number of Parties to the Convention can
be expected to increase further in the years to come,
either as a result of accession to the Council of Europe
of new member States or following the entry into force
of Protocol No. 1 to the Convention.
Only three more ratifications (by Andorra,
Croatia and Ukraine) are required for the entry into force
of Protocol No. 1 ,4 following which the Convention will
be “open” to non-member States of the Council of
Europe. It is noteworthy that there is no geographical
restriction upon the States which might be invited by the
Committee of Ministers to accede to the Convention;
theoretically, at least, the world will be the limit. The
extension of the CPT’s activities beyond the borders of
the Council of Europe would be a significant
development from the standpoint of the protection of
human rights and would bear witness to the Council’s
credibility. At the same time, it would be necessary to
ensure proper coordination with other treaty systems for
the protection of human rights.
3
The state of signatures and ratifications of the
Convention is set out in Appendix 1 A; the
expansion of the CPT's field of operations is
illustrated in Appendix 1 B.
5
Protocol No. 2 introduces amendments
regarding the renewal of the CPT's membership
and provides that members may be re-elected
twice, rather than once as at present.
4
See Appendix 1 C for the state of signatures and
ratifications of Protocol No. 1.
6
See Appendix 1 C for the state of signatures and
ratifications of Protocol No. 2.