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.
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