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6 March 1997 Doc. 7774
ADOC7774
COMMUNICATION FROM THE COMMITTEE OF MINISTERS
on the election of a member of the
European Court of Human Rights in respect of
the Russian Federation1
(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 24 February 1997
Madam,
I have the honour of transmitting to you herewith the list of candidates for the election of a judge to the European Court of Human Rights in respect of the Russian Federation drawn up by the Ministers' Deputies at their 584th meeting (10-13 and 19 February 1997).
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 584th meeting of the Ministers' Deputies on the basis of the nominations made by the Russian Federation is as follows:
1. Mr Vladimir Toumanov
2. Mr Stanislav Chernichenko
3. Mr Yury Reshetov
The biographical notes of the candidates are appended to this letter. It should be noted that, at the Deputies' 584th meeting the Permanent Representative of the Russian Federation drew attention to the fact that one of the candidates presented, Mr Vladimir Toumanov, had now resigned from the post of Chief Justice of the Constitutional Court of the Russian Federation.
While examining these 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).
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 Consultative 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 the Russian Federation 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:
Daniel Tarschys
CURRICULUM VITAE
Vladimir Aleksandrovich TOUMANOV
Born: 20 October 1926 in Kropotkin, Krasnodar Territory, Russia
1948: Graduated from the Faculty of Law of the Institute of Foreign Trade Moscow
1951: Graduated from the post-graduate course of the All Union Institute of Legal Science of the USSR Ministry of Justice (specialisation - private law), awarded degree of Candidate of Law.
Research and practical activities
1951-59: Scientific research in the All-Union Institute of Legal Science on issues of private law, legal property and conflicts between different bodies of law
1960-91: Institute of State and Law of the Russian (formerly USSR) Academy of Sciences. Head of the Institute's Centre for Comparative Law
Main fields of research - comparative constitutional law (Western Europe, the USA), particularly comparative analysis of the current constitutions, electoral systems, judicial systems, etc. Author of about 200 research publications (including those published abroad) on the above-mentioned subjects, as well as on issues of theory and philosophy of law.
1969: Academic degree - Doctor of Law
1970: Academic title - Professor
1989: Honoured Scientist of the Russian Federation
1993-94: Deputy of the State Duma of the Federal Assembly of the Russian Federation. Member of the Parliamentary Committee on Legislation and Reform of the Legal System
Oct. 1994: Appointed member of the Constitutional Court of the Russian Federation by the Council of the Federation of the Federal Assembly of the Russian Federation
Since Feb. 1995: Chief Justice of the Constitutional Court of the Russian Federation
Membership in international organisations
- Full member of the International Academy of Comparative Law
- Professor of the International Faculty of Comparative Jurisprudence (Strasbourg, 1962-82)
- Vice President of the International Association of Political Science (1972-76)
- President of the International Association of Legal Science (since 1994)
- Representative of Russia in the European Commission for Democracy through Law (Venice Commission) of the Council of Europe (since 1996)
Knowledge of foreign languages: Fluent in French and German, less fluent in English
Stanislav Valentinovich CHERNICHENKO
Born: 11 January 1935 in Moscow
Doctor of Law, Professor. Vice President of the Russian Association of International Law.
1958: graduated from the M.V. Lomonosov Moscow State University (Faculty of Law). After graduation worked in the Ministry of Internal Affairs, then in the Inyurkollegiya
Since 1967: Diplomatic Academy of the Ministry of Foreign Affairs, Presently Director of the Centre for International Law and Humanitarian Issues at the Diplomatic Academy.
For 5 years: Editor-in-chief of the Sovetsky Yezhegodnik Mezhdunarodnogo Prava (Soviet Yearbook of International Law). Author of more than 270 publications on various issues of international law.
For 17 years: Member of the USSR delegations in the UN Commission on Human Rights, representative of the USSR in a number of the Commission's working groups
Participated in international diplomatic and non-governmental conferences and fora.
Since 1988: Member of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities.
1995: Appointed member of the Sub-Commission's working group on Minorities. As a special rapporteur of the Sub-Commission, took part in the World Conference on Human Rights.
Knowledge of foreign languages: Fluent in English
Yury Aleksandrovich RESHETOV
Born: 10 January 1935 in Nizhny Novgorod (Russia)
Doctor of Law, Candidate of Philosophy
1959: graduated from the Moscow State Institute of International Relations of the USSR Ministry of Foreign Affairs
Since 1959: worked in the Ministry of Foreign Affairs
1959-80: the Ministry's central office in Moscow, embassies of the USSR in Iceland and Denmark, the Secretariat of the UN Office in Geneva
1971: graduated from the Higher Diplomatic School of the USSR Ministry of Foreign Affairs
1980-86: Senior Research Officer, Institute of State and Law, Russian (formerly USSR) Academy of Sciences
1987-92: Expert, chief of a division, Deputy Chief and Chief of the Directorate of International Humanitarian Co-operation and Human Rights, Ministry of Foreign Affairs
Since 1992: Ambassador of Russia to Iceland
Has the rank of Ambassador Extraordinary and Plenipotentiary
Knowledge of foreign languages: French, English, German, Icelandic, Danish and Swedish
1 1See 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, 7580, 7581, 7616 and 7635.