Election of a member of the European Court of Human Rights in respect of Ukraine[1]
Articles 38 to 40 of the Convention for the Protection of Human Rights and Fundamental Freedoms
Doc. 7504
19 March 1996COMMUNICATION FROM THE COMMITTEE OF MINISTERS
Letter from the Secretary General to the President of the Assembly, dated 11 March 1996
Madam,
Ukraine became a member of the Council of Europe on 9 November 1995. Consequently, it is 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..."
While examining the candidatures, the Committee of Ministers bore in mind the general contents of the pertinent texts adopted by the Assembly (see Resolution 655 and Recommendation 809).
The list of candidates drawn up by the Committee of Ministers at the 560th meeting of the Ministers' Deputies (March 1996) on the basis of the nominations made by the Government of Ukraine is as follows:
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 on Human Rights), however "(i)n order to ensure that, as far as possible one third of the membership of the Court shall be renewed every three years, the Assembly may decide, before proceeding to any subsequent election, that the term 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" (Article 40, paragraph 3 of the Convention). Bearing in mind the objective referred to in Article 40, paragraph 3, it would be appropriate if the judge to be elected in respect of Ukraine were included in the group of members of the Court whose terms of office expire on 20 January 2004.
However, I also draw your attention to Article 5 of Protocol No. 11 according to which the term of office of the judge to be elected will expire on the date of entry into force of the protocol.
Please accept, Madam, the assurance of my highest consideration.
Signed:
Daniel TarschysAPPENDIX
CURRICULUM VITAE
Date of birth: 16 January 1937
Place of birth: Kyiv, Ukraine
I. Education
1954-59 Kyiv State University, Faculty of Law
1961-64Postgraduate studies in public international law. Obtained degree (Candidate of Sciences)
1976-77 Post-doctoral research. Obtained degree (Doctor of Sciences)
II. Scientific degrees and honorary titles
Doctor of Law, Professor, Honoured Lawyer of Ukraine
III. Professional experience
1964-93Teaching public international law, human rights law, international humanitarian law, law of international organisations at the Ukrainian Institute of International Relations, Kyiv State University
1972-93Legal Adviser to the Ministry of Foreign Affairs of Ukraine
Member of the Ukrainian delegation to the United Nations Sea-Bed Committee
Head of the Ukrainian delegation to the United Nations Conference on the Law of Treaties between States and International Organisations and between International Organisations
Representative of Ukraine to the International Conference on Suppression of Unlawful Acts against the Safety of Maritime Navigation (Vice-President of the conference)
1988-91Representative of Ukraine to the United Nations Commission on Human Rights
Head of the Ukrainian delegation to the 45th, 46th and 47th Sessions of the UN Commission on Human Rights
1990-91Chairman of the Group of Three established under the Convention on the Suppression and Punishment of the Crime of Apartheid
Vice-Chairman of the 47th Session of the UN Commission on Human Rights
Legal Adviser of the Ukrainian delegation at the 46th Session of the UN General Assembly
1991-93Senior Legal Adviser to the Verkhovna Rada (Parliament) of Ukraine, member of the Constitutional Commission of the Verkhovna Rada, Vice-Chairman of the Working Group of the Constitutional Commission of the Verkhovna Rada
1993-95Ambassador Extraordinary and Plenipotentiary of Ukraine in the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg
Permanent Representative of Ukraine to the European Union and the North Atlantic Co-operation Council
1995-Ambassador-at-Large in the Ministry of Foreign Affairs of Ukraine
Representative of Ukraine to the United Nations Commission on Human Rights
Senior Legal Adviser to the Verkhovna Rada (Parliament) of Ukraine
Member of the Supervisory Board of the Ukrainian Legal Foundation
Member of the Supervisory Board of the International Renaissance Foundation
Member of the Consultative Council to the Ministry of Justice of Ukraine
IV.Principal publications
International Law (textbook) � 1971, Kyiv
State Responsibility for International Offences (monograph) � 1976, Kyiv
Sanctions in International Law (monograph) � 1982, Kyiv
Date of birth: 26 January 1936
Place of birth: Zhytomyr, Ukraine
I. Education
1953-58 Saratov Law Institute, Russia
1958-61Postgraduate studies on constitutional law. Obtained degree (Candidate of Sciences)
II. Scientific degrees and positions
Ph.D.L., Professor, Head of the Comparative Law Chair of Kyiv State University
III. Professional experience
1962-63Assistant Professor of Constitutional Law at Saratov Law Institute
1965-71Associated Professor, Faculty of Law, Kyiv State University
1971-76Teaching constitutional and international law at the Central African University, Central African Republic
1976-Teaching constitutional law of Ukraine, comparative constitutional law, modern legal systems at Kyiv State University and Kyiv-Mogilianskaya Academy
Senior Legal Adviser to the Secretariat of the Verkhovna Rada (Parliament) of Ukraine
Deputy Representative of Ukraine to the European Commission for Democracy through Law
Member of the Committee of Experts on Citizenship (CJ-NA) and Demo-Droit Group of the Council of Europe
IV.Scientific publications
138 publications, among them several monographs and textbooks on constitutional and comparative law
Legal Aspects of Participation of the Ukrainian SSR in International Relations (monograph) � 1985, Kyiv
Protection Mechanisms for International Law and Order (monograph) � 1986, Brno
Fundamentals of International Law (monograph) � 1988, Kyiv
More than seventy articles on public international law and constitutional protection of human rights
Date of birth: 16 January 1945
Place of birth: Baranovichy, Belarus
I. Education
1963-69Department of Foreign Philology, Kyiv State University
1971-76Kharkiv Law Institute
II. Scientific degrees and honorary titles
Doctor of Sciences (Law), Professor, Academician M. Vassylenko prize laureate
III. Professional experience
1964-71Teaching at Kyiv Institute of Foreign Languages
since 1971Research Fellow, International Law Department, Institute of State and Law, Academy of Sciences of Ukraine
1988-90Co-ordinator of Joint Research Project of the Hungarian and Ukrainian Academies of Sciences
Co-ordinator of Joint Research Project of the Slovak and Ukrainian Academies of Sciences
1991-92Visiting Professor, Missouri State University (USA) and University of Paris (France)
since 1993Professor, the Ukrainian Institute of International Relations, Kyiv State University
1995Deputy Director of the Ukrainian Centre for Human Rights
Editor-in-Chief of the Ukrainian Journal of Human Rights
Consultant of the Supreme Court of Ukraine
President of the Commission for Foreign Relations, Union of Lawyers of Ukraine
IV. Scientific publications
Multilingual Treaties in Modern International Law (monograph) � Kyiv, 1981
International Community and Legal Order (monograph) � Kyiv, 1990
More than twenty articles on general theory of international law and constitutionalism
[1]. See Docs. 918, 1361, 1652, 1856, 1968, 2063, 2120, 2272, 2314, 2877, 3010, 3171, 3231, 3240, 3315, 3388, 3461, 3594, 3599, 3700, 3811, 3901, 3915, 3966, 4141, 4459, 4515, 4604, 4653, 4654, 4819, 4996, 5387, 5489, 5498, 5619, 5833, 5861, 5925, 5987, 6083, 6153, 6269, 6407, 6415, 6467, 6468, 6542, 6596, 6601, 6657, 6913, 7021, 7033, 7034, 7207, 7258, 7330 and 7447.