Election of a member of the European Court of Human Rights in respect of the Moldova

Election of a member of the European Court of Human Rights in respect of the Moldova[1]

Articles 38 to 40 of the Convention for the Protection of Human Rights and Fundamental Freedoms

Doc. 7580

17 June 1996

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Letter from the Secretary General to the President of the Assembly, dated 11 June 1996

Madam,

            Moldova became a member of the Council of Europe on 13 July 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 564th meeting of the Ministers' Deputies (May 1996) on the basis of the nominations made by the Government of Moldova is as follows:

1.         Mr Tudor Pantiru

2.         Mr Aurel Chistruga

3.         Mr Alexei Barbaneagra

            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 Moldova 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.

            ...

Signed:

On behalf of the Secretary General

Pierre-Henri Imbert

Director of Human Rights

APPENDIX

Curriculum vitae

Tudor Pantiru

Professional activities:           Ambassador, Permanent Representative of the Republic of Moldova in the United Nations, Representative of the Republic of Moldova in the Sixth (Legal) Committee of the General Assembly. Deliverance of interventions and participation in the legal texts negotiations. Participation in other legal bodies. Deliverance of interventions and participation in debates of human rights questions and other related issues in the Third Committee of the General Assembly, 1992-present

                                                Member of the Parliament of the Republic of Moldova, 1990‑94

                                                President of the Legal Committee of the Parliament of the Republic of Moldova, create, analyse and promote new legislation projects, 1990-92

                                                Judge, President of Frunze District Court, Chisinau lead and control criminal investigation activities in the court of law. Conduct procedures of investigations of cases of misconduct, fraud, malfeasance, mismanagement, abuses, violations and other felonies. Review and analyse case materials and pursue additional sources of information by study and analysis of documents and records, through direct interviews with subjects and witnesses in both criminal and civil cases. Maintain case records, testimony and evidence, and prepare reports on findings with appropriate recommendations for inquiries and disposition of cases, 1980-90

                                                President of the Board of Evaluation, Admission and Promotion of Judges of the Republic of Moldova, evaluate the professional qualifications and integrity of the applicants for positions with the court and adopt decisions pertaining to the career advancement of the judges within the judicial system, 1988-90

                                                Attorney, Member of the Bar Association of the Republic of Moldova, work as defence attorney in civil and criminal cases. Serve as economic counsellor for three state enterprises, 1977-80

Education:                               Master of Arts in Law, Faculty of Law, State University, Chisinau, Republic of Moldova, 1977

Publications:               "Reform of the Judicial System in the Republic of Moldova" � Legea si Viata (Law and Life) magazine, Chisinau, 1992

Languages:                             Fluent in English, Romanian and Russian

Personal:                                 Born:    26 October 1951, Baraboi, Moldova. Married, one son

Aurel Chistruga

Born:                29 May 1956 in Cepeleuti village, district of Ocnita, the Republic of Moldova.

1973-78:            law student at State University from Moldova

1978-82:            lawyer at agro-industrial firm "Moldvinprom" from Anen�-Noi

1982-87:            lawyer at the office for legal consultations from Anen�-Noi

1987-94:            judge, Court of Law, Anen�-Noi

1994-date:         judge, Court of Law, Riscani district, Chisinau

Languages:     French, Romanian and Russian

Alexei Barbaneagra

Date of birth:     3 December 1945

Place of birth:    region of Ananiev, Ukraine

I.          Education

1953-64                        Primary and secondary school

1967-72                        Law studies at the Law Faculty of Chi_inau (Kishinev) University, Moldova

1983-86                        Union Institute for the Study of Causes of Crime and the Development of Crime Prevention Methods, Moscow

Qualifications:   Doctor of Law, holder of a permanent teaching appointment

II.        Career

1972-73                        Trainee lawyer

1973-77                        Judge, Court President

1977-89                        Member of the Supreme Court of Justice

1990-94                        Vice-Minister, then Minister of Justice

1994-96                        Vice-rector and professor, Free International University (ULIM)

Since 1996                    Lecturer at ULIM, lawyer

III.       Scientific publications

            Twenty-eight scientific articles in the fields of judicial reform, criminal law and human rights

            Author of ten Bills (Organisation of the Courts Act, Notaries Act, etc.)

IV.        Languages

            French, Russian and Romanian

[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, 7447 and 7504.