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Resolution 1923 (2013) Final version
Reinforcing the selection processes for experts of key Council of Europe human rights monitoring mechanisms
1. The credibility of the Council
of Europe depends on the efficacy and quality of its key human rights monitoring
mechanisms, which ensure that States honour their obligations towards
the Council of Europe and each other. These mechanisms include,
in particular, the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT), the European
Commission against Racism and Intolerance (ECRI), the European Committee
of Social Rights and the Advisory Committee of the Framework Convention
for the Protection of National Minorities. Although the conclusions
of monitoring bodies do not formally represent the official position
of the Council of Europe, they are in practice often perceived as
the Organisation’s views.
2. According to the respective conventions and other texts setting
up these monitoring bodies, their members should be chosen only
for their competence and relevant experience. In order for such
monitoring mechanisms to maintain the high quality of their work,
a careful selection process of their members is therefore essential.
In practice, selection procedures vary greatly.
3. The procedure and criteria for the selection of members of
the CPT, as specified by the Assembly in Resolutions 1540 (2007) on improving selection procedures for CPT members and 1808 (2011) on strengthening torture prevention mechanisms in Europe,
are particularly apt for achieving the above-stated objective and
should therefore serve as a positive example.
4. Any selection procedure must ensure the competence, independence
and integrity of experts, while respecting States’ sovereign choices
in putting forward candidates.
5. The Assembly therefore proposes the following general minimum
standards for selection procedures:
5.1. the terms of service of experts should be reasonably limited
and no more than two renewals should be allowed;
5.2. eligibility criteria should include independence and integrity,
availability, as well as recognised expertise in relevant areas
and language skills. In addition, objective requirements should
be taken into account in order to ensure diversity and complementarity
of expertise within the monitoring body, including the need for
gender balance;
5.3. experts should not be appointed until they have relinquished,
or been moved from, positions that might lead to a real or perceived
conflict of interest;
5.4. at the national level, selection procedures must be transparent
and open to competition, including through public calls for candidatures.
Involvement of relevant State and non-governmental bodies, in particular
of national parliaments, would increase the legitimacy of the selection
process. Use of a model curriculum vitae and the conduct of interviews
for shortlisted candidates should be encouraged;
5.5. at the Council of Europe level, both statutory organs,
the Parliamentary Assembly and the Committee of Ministers, should
be involved. The Assembly should have the possibility to reject
lists of candidates who do not meet the criteria of competence,
integrity, independence and complementarity of expertise, including
appropriate gender balance. The monitoring body itself should also
be consulted, as appropriate.