12
CPT: 12TH GENERAL REPORT
ORGANISATIONAL ISSUES
The Convention and its Protocols
20.
As a result of recent ratifications by Armenia,
Azerbaijan and Bosnia and Herzegovina, 44 States are
today bound by the Convention. In other words, the CPT’s
field of operations once again encompasses all member
States of the Council of Europe (cf also Appendix 1B.)
The CPT hopes that the Optional Protocol will
soon be adopted and looks forward to cooperating with
the Sub-Committee on Prevention of Torture to be
established under the Optional Protocol.
Further, following the deposit on 7 November
2001 (by Ukraine) of the last remaining ratification needed
for the entry into force of Protocol No 1, the Committee of
Ministers of the Council of Europe has been empowered
since 1 March 2002 to invite any non-member State to
accede to the Convention. By letter of 24 April 2002, the
Federal Republic of Yugoslavia became the first country to
invoke the use of that power, requesting that it be invited to
accede to the Convention. This request met with a
favourable response; after consulting the CPT, the
Committee of Ministers decided on 20 June 2002 to issue
such an invitation.
22.
In the same way as the first Protocol, Protocol
No 2 to the Convention also entered into force on 1
March 2002, following its ratification by Ukraine on 7
November 2001.
Consequently, the CPT’s on-site activities now
cover the whole of the Caucasus and should soon extend
throughout the Balkan region. These developments
inevitably have resource implications, which will be
addressed in the section “Administrative and budgetary
questions”.
21.
It will be for the Committee of Ministers to decide
on the use which should be made of the power it now holds
to invite non-member States to accede to the Convention.
However, the CPT wishes to take this opportunity to
comment upon the view expressed in certain quarters that
the entry into force of Protocol No 1 renders superfluous
the new visiting mechanism envisaged in the proposed
Optional Protocol to the United Nations Convention against
Torture. In the CPT’s opinion, such a view is entirely
erroneous.
Nothing in the preparatory work of Protocol No 1
suggests there was a wish on the part of member States of
the Council of Europe that the European Convention for the
prevention of torture should acquire a universal role, and
the CPT has no reason to believe that such a wish exists
today. The primary purpose of preparing the Protocol was
undoubtedly to enable Central and Eastern European
countries to benefit from the Convention’s monitoring
mechanism, without waiting for their expected future
membership of the Council of Europe to materialise. The
precise form which the Optional Protocol has now taken,
with its two-pillar system, serves to underline the need for
universal, regional and national approaches to preventing
torture and the complementarity of the European
Convention and the Optional Protocol.
Protocol No 2 introduces technical
amendments related to the CPT’s membership. Firstly,
CPT members may now be reelected twice instead of
just once, as had been the case previously. The aim of
this change is to ensure a certain continuity of
experience within the Committee, which was felt
necessary given the very particular nature of its
activities. Secondly, a system for renewing half the
Committee’s membership every two years has been
introduced. As a result, the current profusion of term of
office expiry dates will be replaced by an orderly
renewal of the members of the CPT.
As regards this second aspect, the Committee
of Ministers decided on 21 February 2002 to divide, for
election purposes, members of the then existing 41
Parties to the Convention into two groups (“A” and
“B”), based on term of office expiry dates of 19
December 2005 and 19 December 2007. These two
groups, which are reproduced in Appendix 3B, will be
progressively established as existing terms of office
expire. As regards members elected in respect of new
Parties to the Convention, they will be allocated to one
or other of the two groups, having regard to the
objective of renewing half the Committee’s
membership every two years.