8 March 1994

Doc. 7034

1403-24/2/94-2-E

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

on the election of one member of the

European Court of Human Rights in respect of

Lithuania1

(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 16 February 1994

Sir,

      Lithuania became a member of the Council of Europe on 14 May 1993. It is therefore necessary to proceed to the election of one 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 508th meeting of the Deputies (15 February 1994), on the basis of the nominations made by Lithuania is as follows:

      1.       Pranas Küris

      2.       Kestutis Lapinskas

      3.       Saulius Katuoka.

      The biographical notes of the candidates are appended to this letter.

      It should be noted that members of the Court are elected for a period of nine years (Article 40, paragraph 1, of the European Convention on Human Rights), but that in 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 or terms 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). In order to maintain the balance between the different groups of mandates, the mandate of the judge to be elected would expire on 20 January 2004.

      .....

      Signed: Catherine Lalumière

APPENDIX

Pranas Küris

Personal:

Born:       20 August 1938; Šeduva, Lithuania

Languages:       Fluent: Lithuanian, French, Russian, Polish,

Education:

Degree in Law       University of Vilnius, 1961

Ph.D. (Law)       Moscow State University, 1965

Dr. Hab. (Law)        Moscow State University, 1973

Scholarships:

Employment:

Other professional activities:

Professional society membership:

Publications:

Kestutis Lapinskas

Personal information:

Date and place

of birth:       Šakiai (Lithuania), 29 January 1937N

Nationality:       Lithuanian

Marital status:       Married

Education:

Lawyer degree:       University of Vilnius, 1960

Ph.D. (Law)       Moscow State University, 1966

Employment and positions held:

Other professional activities:

Society membership:

Publications:

Saulius Katouka

Personal information:

Date and place

of birth:       Anykščiai, Lithuania, 10 March 1950

Nationality:       Lithuanian

Education:

Degree in law:       University of Vilnius, 1975

Ph.D. (Law)       Leningrad State University, 1981

Employment and positions held:

Other professional activities:

Publications: