The Commission shall consist of a number of members equal to that of the High
Contracting Parties. No two members of the Commission may be nationals of the same state.
1.The members of the Commission shall be elected by the Committee of Ministers by an
absolute majority of votes, from a list of names drawn up by the Bureau of the
Consultative Assembly; each group of the Representatives of the High Contracting Parties
in the Consultative Assembly shall put forward three candidates, of whom two at least
shall be its nationals.
2.As far as applicable, the same procedure shall be followed to complete the Commission
in the event of other States subsequently becoming Parties to this Convention, and in
filing casual vacancies.
1.The members of the Commission shall be elected for a period of six years. They may be
re-elected. However, of the members elected at the first election, the terms of seven
members shall expire at the end of three years.
2.The members whose terms are to expire at the end of the initial period of three years
shall be chosen by lot by the Secretary- General of the Council of Europe immediately
after the first election has been completed.
3.A member of the Commission elected to replace a member whose term of office has not
expired shall hold office for the remainder of his predecessor's term.
4.The members of the Commission shall hold office until replaced. After having been
replaced, they shall continue to deal with such cases as they already have under
The members of the Commission shall sit on the Commission in their individual capacity.
Any High Contracting Party may refer to the Commission, through the Secretary-General
of the Council of Europe, any alleged breach of the provisions of the Convention by
another High Contracting Party.
1.The Commission may receive petitions addressed to the Secretary-General of the
Council of Europe from any person, non- governmental organization or group of individuals
claiming to the victim of a violation by one of the High Contracting Parties of the rights
set forth in this Convention, provided that the High Contracting Party against which the
complaint has been lodged has declared that it recognizes the competence of the Commission
to receive such petitions. Those of the High Contracting Parties who t)ve made such a
declaration undertake not to hinder in any way the effective exercise of this right.
2.Such declarations may be made for a specific period.
3.The declarations shall be deposited with the Secretary-General of the Council of
Europe who shall transmit copies thereof to the High Contracting Parties and publish them.
4.The Commission shall only exercise the powers provided for in this article when at
least six High Contracting Parties are bound by declarations made in accordance with the
The Commission may only deal with the matter after all domestic remedies have been
exhausted, according to the generally recognized rules of international law, and within a
period of six months from the date on which the final decision was taken.
1.the Commission shall not deal with any petition submitted under Article 25 which
(a) is anonymous, or
(b) is substantially the same as a matter which has already been examined by the
Commission or has already been submitted to another procedure or international
investigation or settlement and if it contains no relevant new information.
2.The Commission shall consider inadmissible any petition submitted under Article 25
which it considers incompatible with the provisions of the present Convention, manifestly
ill-founded, or an abuse of the right of petition.
3.The Commission shall reject any petition referred to it which it considers
inadmissible under Article 26.
In the event of the Commission accepting a petition referred to it:
(a) it shall, with a view to ascertaining the facts undertake together with the
representatives of the parties and examination of the petition and, if need be, an
investigation, for the effective conduct of which the States concerned shall furnish all
necessary facilities, after an exchange of views with the Commission;
(b) it shall place itself at the disposal of the parties concerned with a view to
securing a friendly settlement of the matter on the basis of respect for Human Rights as
defined in this Convention.
1.The Commission shall perform the functions set out in Article 28 by means of a
Sub-Commission consisting of seven members of the Commission.
2.Each of the parties concerned may appoint as members of this Sub-Commission a person
of its choice.
3.The remaining members shall be chosen by lot in accordance with arrangements
prescribed in the Rules of Procedure of the Commission.
1.If the Sub-Commission succeeds in effecting a friendly settlement in accordance with
Article 28, it shall draw up a Report which shall be sent to the States concerned, to the
Committee of Ministers and to the Secretary-General of the Council of Europe for
publication. This Report shall be confined to a brief statement of the facts and of the
1.If a solution is not reached, the Commission shall draw up a Report on the facts and
state its opinion as to whether the facts found disclose a breach by the State concerned
of its obligations under the Convention. The opinions of all the members of the Commission
on this point may be stated in the Report.
2.The Report shall be transmitted to the Committee of Ministers. It shall also be
transmitted to the States concerned, who shall not be at liberty to publish it.
3.In transmitting the Report to the Committee of Ministers the Commission may make such
proposals as it thinks fit.
1.If the question is not referred to the Court in accordance with Article 48 of this
Convention within a period of three months from the date of the transmission of the Report
to the Committee of Ministers, the Committee of Ministers shall decide by a majority of
two-thirds of the members entitled to sit on the Committee whether there has been a
violation of the Convention.
2.In the affirmative case the Committee of Ministers shall prescribe a period during
which the Contracting Party concerned must take the measures required by the decision of
the Committee of Ministers.
3.If the High Contracting Party concerned has not taken satisfactory measures within
the prescribed period, the Committee of Ministers shall decide by the majority provided
for in paragraph 1 above what effect shall be given to its original decision and shall
publish the Report.
4.The High Contracting Parties undertake to regard as binding on them any decision
which the Committee of Ministers may take in application of the preceding paragraphs.
The Commission shall meet 'in camera'.
The Commission shall take its decision by a majority of the Members present and voting;
the Sub-Commission shall take its decisions by a majority of its members.
The Commission shall meet as the circumstances require. The meetings shall be convened
by the Secretary-General of the Council of Europe.
The Commission shall draw up its own rules of procedure.
The secretariat of The Commission shall be provided by the Secretary-General of the
Council of Europe.