of the Convention set up judicial machinery for the inter- national guarantee of fundamental human rights and free- doms. A European Commission and a European Court of Human Rights, supplemented by the Committee of Ministers of the Council of Europe, have been established in order to ensure that Contracting Parties respect the rights protected by the Convention. The following pages describe the ma- chinery and operation of each of the bodies set up under the Convention (Commission and Court of Human Rights) or referred to therein (Committee of Ministers of the Council of Europe).
I. The European Commission of Human Rights
Under Article 19 of the Convention, the European Com- mission of Human Rights and the Court are entrusted with the task of ensuring "the observance of the engagements undertaken by the High Contracting Parties". The Commis- sion consists of a number of members equal to the number of High Contracting Parties; there are now, therefore, eighteen members. The members of the Commission are elected by the Committee of Ministers from a list of names drawn up by the Bureau of the Consultative Assembly and based on proposals made by each group of the representa- tives of the High Contracting Parties in the Assembly. They are elected for a period of six years; they sit in their individ- ual capacity, which ensures their complete independence of their "electors" and of their countries of origin.
The Commission has adopted Strasbourg, headquarters of the Council of Europe, as its seat. Proceedings are held in camera for several reasons. This protects the individual applicant from the possibility of any repercussions which might result from the disclosure of his identity; equally, it protects the State against undesirable or ill-informed pub- licity. In addition, it permits the parties to plead freely before the Commission on a basis of equality. Furthermore, the func- tion of conciliation which the Commission exercises in each case declared admissible has greater prospects of success if it can be conducted discreetly.
Competence of the Commission
The competence of the Commission may be looked at in four ways: as regards its geographical extent, as regards the subject-matter, in relation to the time factor, in relation to the State concerned.
1. The Commission may deal with any matter that oc- curs within the jurisdiction of the Contracting Parties; that
10
11
No comments yet.
Private notes are available after approval.