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10 April 1992
Doc. 6596
COMMUNICATION FROM THE COMMITTEE OF MINISTERS
on the election of a member of the
European Court of Human Rights in respect of
the Czech and Slovak Federal Republic
(Articles 38 to 40 of the Convention for the Protection
of Human Rights and Fundamental Freedoms)
Letter from the Secretary General to the President of the Assembly dated 1 April 1992.
Sir,
The Czech and Slovak Federal Republic has been a Member of the Council of Europe since 21 February 1991. It is therefore necessary to proceed to the election of a judge of the European Court of Human Rights in respect of this country.
Article 39, paragraph 1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms provides as follows: "The members of the Court shall be elected by the Assembly by a majority of the votes cast from a list of persons nominated by the Members of the Council of Europe; each Member shall nominate three candidates of whom two at least shall be its nationals". Paragraph 2 of the same Article provides that "as far as applicable the same procedure shall be followed to complete the Court in the event of the admission of new Members of the Council of Europe".
The list of candidates drawn up by the Committee of Ministers at the 472nd meeting of the Ministers' Deputies (27 March 1992), on the basis of the nominations made by the Government of the Czech and Slovak Federal Republic, is as follows:
1. Mr Bohumil REPIK
2. Mrs Viera STRAZNICKA
3. Mr Jiri MALENOVSKY
The biographical notes of the candidates are appended to this letter.
It should be noted that "Members of the Court shall be elected for a period of nine years" (Article 40, paragraph 1, of the European Convention of Human Rights). The mandate of the judge to be elected should for this reason expire on 20 January 2001.
Please accept, Sir, the assurance of my highest consideration.
signed: Catherine LALUMIERE
A P P E N D I X
Bohumil REPIK
Bohumil Repik, Doctor in Law, born on 27 March 1928, at Ludanice, Topolcany District (the Slovak Republic). He is a citizen of the CSFR and a citizen of the SR and is of Slovak nationality.
He attended grammar school in Nitra in the years 1940 - 45. He spent the last three years of his secondary education at Lycée Carnot in Dijon, where he passed the lst and the 2nd bachelor examination successfully. At the end of the last year he was awarded the "prix d'excellence".
He studied at the Faculty of Law in Bratislava from 1948 - 53. In 1950 he was expelled for political reasons; after a year's break he was able to continue with his studies. He finished his studies by achieving the degree of Doctor of Law.
From 1953 - 56 he worked as a lawyer for a construction company in Nitra. In 1956, after the so-called free-recruiting campaign, he was accepted into the justice system and appointed as a judge at the regional court in Nitra, following the new organisation of regions in Bratislava. In 1964 he was elected a judge of the Supreme Court and in 1966 was appointed as a chairman of the Senate. In 1968 he was elected a deputy chairman of the Supreme Court. In 1970 he was deprived of this function because of his participation in the preparation of the Rehabilitation Law, in the organisation of the rehabilitation senates, in the restoration of justice, and also for being a member of the committee established by the Federal Assembly which proposed the cancellation of capital punishment etc. In 1990 he was elected a deputy chairman of the Supreme Court of the Czech and Slovak Federal Republic.
Scientific and pedagogical activity:
He has published more than 60 titles, two of which are monographs (Suspension of a Sentence and Probation, International Criminal Law), in the fields of criminal law, international criminal law, justice, etc in Czechoslovak and foreign magazines (Revue internationale de droit pénal). In his work he has paid attention mainly to the application of the results of international governmental and non-governmental organisations work in the field of criminal law, criminal justice and human rights to Czechoslovak legislation and practice (cancellation of capital punishment, enforcement of punishments without imprisonment, the right of the accused to reject deposition, the inefficacy of evidence when trial prescriptions are broken, etc).
Participation and papers at a number of international congresses and conferences of the UNO, the International Association of Criminal Law etc.
The co-author of commentaries on the Criminal Law, the Criminal Code, the Law on Legal Rehabilitation etc. Participation in legislative work (the reform of the Criminal Law Material and Trial in 1990, the Law on Legal Rehabilitation, the Law on Courts and Judges etc), member of the Committee for the Preparation of Recodification of Criminal Law.
Until 1964 external member of the Criminal Law Department of the Faculty of Law in Bratislava. Since 1990 member of the state examinations and doctoral examinations examining board at the Faculty of Law in Prague, member of the Scientific Council for State and Law CSAV (Czechoslovak Academy of Sciences), member of the Accredited Commission of the Czech Government etc.
Since 1983 participation in the work of AIDP. In 1989 elected a member of the Directive Council of AIDP at the 14th Congress of Criminal Law in Vienna.
In 1990 appointed by the CSFR Government as a national correspondent of the UNO in the field of crime prevention and criminal justice.
In the event that he is elected judge of the European Court of Human Rights, Mr Repik will resign from his function of judge and deputy chairman of the CSFR Supreme Court to be able to devote himself fully to the new function.
Mrs Viera STRAZNICKA
Viera Straznicka, Doctor in Law, born on 28 December 1942 in Bratislava. I studied for the bar at the Faculty of Law of Komensky University in Bratislava (1959 - 1964), which I finished with distinction and with the title Graduated Lawyer, which in 1968 changed, in accordance with the regulations in force, to Doctor of Law. After my graduation I started my career as an assistant lecturer at the Department of International Law and Politics of the Faculty of Law of Komensky University in Bratislava.
After a 10 month study visit at the Department of Law of the foreign trade company Technoexport in Prague, I continued working at the Department of International Law and Politics at the Faculty of Law of Komensky University in Bratislava. In 1978 I finished my external research student's post in the field of international law by a successful defence of my Ph D thesis "Subjects in International Trade". Besides the law, I also studied the German and English languages, taking evening courses at the Language School in Bratislava. I taught at the Faculty of Law in Kosice, at the Institute of Economics in Bratislava and at the Institute of Foreign Trade in Bratislava. Since 1971 I have been performing the function of arbitrator at the Court of Arbitration of the Czechoslovak Commercial and Industrial Chamber in Prague. In 1986 I was promoted to a senior lectureship. Since 1 February 1990 I have been in the post of head of the Department of International Law and Politics of the Faculty of Law of Komensky University in Bratislava. Since February 1991, when I was elected by the academic senate of Komensky University, I have been performing the function of Deputy Vice-Chancellor in Charge of International Relations of Komensky University.
Since 1967 I have been married to Karel Straznicky, a director and script editor of Slovak television in Bratislava. We have a son, Martin, who attends basic school. My brother, Dusan Suhaj has been living abroad since 1977. I have never been a member of any political party.
Jiri MALENOVSKY
Jiri Malenovsky, born on 15 July 1950 in Brno, Czechoslovakia. Secondary education partly received at Lycée Carnot, in Dijon, France, 1967-69. Graduate studies in law at the Law Faculty of the Masaryk University in Brno, 1969-74. Rigorosum Dr Juris at the Law Faculty of the Charles University in Prague in public international law, 1975. In 1984 he was awarded the degree of Candidate of legal sciences, thesis on international legal aspects of individual and group terrorism.
Assistant 1974-77, Senior Assistant in public international law, 1977-90, lecturer/docent of international law since 1990 at the Law Faculty of the Masaryk University. In 1990 he was rehabilitated by the Brno Law Faculty for having been restrained on qualification promotion on political grounds before November 1989. Head of the Department of international law since 1990, vice-dean at the same Faculty 1989-91. Head of the Centre of Cooperation with the Council of Europe at the same Faculty. Member of the Scientific Council of the Law Faculty of the Masaryk University since 1990, of the Scientific Council of the Masaryk University 1990-91. Member of the Executive Committee of the Czechoslovak Society of International Law Association since 1990. Co-editor of the European and International Law review for Czechoslovak section of the International Law Association since 1991, member of the Board of Editors of "The Lawyer" Pravnik 1990-91. Expertise for the Czechoslovak Foreign Ministry, the Representative of the Czechoslovak Government for Refugees, for the CSFR President's Office.
Research stays abroad:
1984 and 1989 - participation in work of the French-speaking section in the Centre for Studies and Research in International Lw and International Relations of the Hague Academy of International Law
1986 - Seminar of international law organised by the Geneva Office of the UN
1987 - Centre of International Law of the Brussels Free University, francophone - 4 months
1988 - International Committee of the Red Cross, Geneva, 1 month
1991 - Danish Centre of Human Rights, Copenhagen, 4 months
1991 - Directorate of Human Rights of the Council of Europe, 1 month
Member of the International Institute of Space Law. Lectures at the Law Faculty of Aarhus, the Institute of International Law and International Relations in Graz, in the Danish Centre of Human Rights, in the Council of Europe and at the Collège universitaire d'études fédéralistes summer programme in Aosta. Papers at international conferences and colloquia in Prague, Brno, Wroclaw, Berlin, Budapest, Dresden, Vienna and St Vincent. Member of the final jury of the Rousseau students' competition in Brussels 1987 and of semi-final jury of the René Cassin competition in Strasbourg 1991. The national correspondent of the Directorate of Human Rights of the Council of Europe for 1991.
Elected by the Czech National Council as its candidate for appointment by the President of the CSFR, as a judge of the Czechoslovak Constitutional Court, December 1991.