Protocol No. 5 to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, entered into force Dec. 20, 1971.

The Governments signatory hereto, being Members of the Council of Europe,

Considering that certain inconveniences have arisen in the application of the
provisions of Articles 22 and 40 of the Convention for the Protection of Human Rights
and Fundamental Freedoms signed at Rome on 4th November 1950 (hereinafter
referred to as "the Convention") relating to the length of the terms of office of the
members of the European Commission of Human Rights (hereinafter referred to as
"the Comission") and of the European Court of Human Rights (hereinafter referred to
as "the Court");

Considering that it is desirable to ensure as far as possible an election every three
years of one half of the members of the Commission and of one-third of the members
of the Court;

Considering therefore that it is desirable to amend certain provisions of the
Convention,

Have agreed as follows:

Article 1

In Article 22 of the Convention, the following two paragraphs shall be inserted after
paragraph (2):

"(3) In order to ensure that, as far as possible, one half of the membership
of the Commission shall be renewed every three years, the Committee of
Ministers 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 six years but not more than nine and not less than three
years.

(4) In cases where more than one term of office is involved and the
Committee of Ministers applies the preceding paragraph, the allocation of
the terms of office shall be effected by the drawing of lots by the
Secretary-General, immediately after the election."

Article 2

In Article 22 of the Convention, the former paragraphs (3) and (4) shall become
respectively paragraphs (5) and (6).

Article 3

In Article 40 of the Convention, the following two paragraphs shall be inserted after
paragraph (2):

"(3) In 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 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.

"(4) In cases where more than one term of office is involved and the
Consultative Assembly applies the preceding paragraph, the allocation of
the terms of office shall be effected by the drawing of lots by the
Secretary-General immediately after the election."

Article 4

In Article 40 of the Convention, the former paragraphs (3) and (4) shall become
respectively paragraphs (5) and (6).

Article 5

1. This Protocol shall be open to signature by Members of the Council of Europe,
signatories to the Convention, who may become Parties to it by:

(a) signature without reservation in respect of ratification or acceptance;

(b) signature with reservation in respect of ratification or acceptance,
followed by ratification or acceptance. Instruments of ratification or
acceptance shall be deposited with the Secretary-General of the Council of
Europe.

2. This Protocol shall enter into force as soon as all Contracting Parties to the
Convention shall have become Parties to the Protocol, in accordance with the
provisions of paragraph 1 of this Article.

3. The Secretary-General of the Council of Europe shall notify the Members of the
Council of:

(a) any signature without reservation in respect of ratification or acceptance;

(b) any signature with reservation in respect of ratification or acceptance;

(c) the deposit of any instrument of ratification or acceptance;

(d) the date of entry into force of this Protocol in accordance with paragraph
2 of this Article.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this
Protocol.

DONE at Strasbourg, this 20th day of January 1966, in English and in French, both texts being
equally authoritative, in a single copy which shall remain deposited in the archives of the
Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory
Governments.

PROTOCOL NO. 5 TO THE CONVENTION FOR THE PROTECTION


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