14
CDL-AD(2013)019
54.
Moreover, a certain number of members of the Higher Committee should be full-time
members, to ensure the Committee’s independence, and avoid actual or perceived conflicts
of interest. This would also help enhance the stability of the members’ mandates, and
guarantee the ongoing and effective fulfillment of their tasks.21 Upon the end of their tenure,
full-time members of the Higher Committee who previously worked in the public service
should have the right to resume their previous, or at least a similar post.
55.
It is noted that the Law does not foresee cases in which members of the Higher
Committee end their term prematurely, e.g. in the cases of resignation, or dismissal. These
cases should be set out clearly, and the procedures for dismissing members of the
Committee should be transparent and objective.22 Where appropriate, the Law should specify
that the application of a ground for dismissal by the competent body (ideally the National
Assembly or Parliament, should it be responsible for appointing members of the Committee
following a change in legislation) should be supported by the decision of an independent
body with appropriate jurisdiction. Generally, both before the dismissing body, and before the
independent body, the member being dismissed should have the right to be heard prior to a
decision on dismissal being taken. Also, to ensure security of tenure and overall
independence of the Higher Committee, dismissal should not be based solely on the
discretion of the appointing body.23
56.
Generally, members of the Committee should only be dismissed in exceptional cases,
namely in cases where they have committed serious crimes, or otherwise severely damaged
the reputation of the Committee. In case this responsibility lies with the National Assembly or
Parliament, decisions on dismissal shall be taken by a qualified, possibly a two-thirds
majority of members of the National Assembly/Parliament. In this context, it is also
recommended to include in the Law clear provisions on impermissible conflicts of interest in
the exercise of one’s mandate as member of the Higher Committee, and the consequences
of such conflict of interest.24 More generally, laying down, at the constitutional level, the basic
rules governing not only appointment, but also termination of the term of office of the Higher
Committee members would enhance the guarantees of independence and pluralism of both
the Higher Committee and its individual members.
4. Working Procedure of the Higher Committee
57.
While the Law contains some main parameters of how the Higher Committee
operates, the Committee shall, under Article 10, also lay down its own rules of how it
“organizes, operates and runs, and its internal regulation”, which are then approved by
Presidential Decree. Currently, the Committee has developed Rules on the Organization of
the Higher Committee, and an Internal Regulation of the Higher Committee.
58.
It is noted that the Law gives the Chairman quite extensive powers, in comparison to
the other Committee members: he/she runs and represents the Committee and is “invested
with every power” for this purpose (Article 8 of the Law). Furthermore, he/she is appointed
directly as Chairman of the Committee by the President, with little indication of a wide,
inclusive and transparent selection and appointment process. According to Article 5 of the
Law, only the Chairman visits facilities where people are deprived of their liberty (though
he/she may designate other members to assist him/her), and under Article 6 of the Law,
he/she carries out missions of inquiry and investigation into human rights issues by special
order of the President. According to the Internal Regulation of the Higher Committee, he/she
has a casting vote in the case of a tied vote.
21
See the General Observations of the ICC Sub-Committee on Accreditation, par. 2.8. See also the Reports and
Recommendations from the Session of the ICC Sub-Committee on Accreditation of 19-23 November 2012,
Chapter 2, Specific Recommendations, p. 26.
22
See the Reports and Recommendations from the Session of the ICC Sub-Committee on Accreditation of 19-23
November 2012, Chapter 2, Specific Recommendations, p. 14.
23
Ibid., pp. 14 and 18. See also the General Observations of the ICC Sub-Committee on Accreditation, par 2.9
24
See the Reports and Recommendations from the Session of the ICC Sub-Committee on Accreditation of 19-23
November 2012, Chapter 2, Specific Recommendations, pp. 14 and 31.
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