CONVENTION
ON PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
dated November 4, 1950
The governments’ signatory to this Convention that are members of the Council of Europe,
Bearing in mind, the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948,
Considering that this Declaration seeks to ensure the universal and effective recognition and exercise of the rights proclaimed therein,
Considering that the aim of the Council of Europe is to achieve greater unity among its members and that one of the means of achieving this aim is the protection and development of human rights and fundamental freedoms,
Reaffirming their deep commitment to fundamental freedoms, which are the foundation of justice and peace in the world and which are best respected, on the one hand, by a truly democratic political regime and, on the other hand, by universal understanding and respect for the human rights to which they are committed,
Determined, as European Governments, driven by a shared desire and shared heritage of political traditions, ideals, freedom, and the rule of law, to take the first steps towards ensuring the collective realization of some of the rights set out in the Universal Declaration,
Have agreed as follows:
Article 1.
Obligation to respect human rights
The High Contracting Parties shall ensure to everyone under their jurisdiction the rights and freedoms specified in Section I of this Convention.
Section I. RIGHTS AND FREEDOMS
Article 2.
The right to live
Every person’s right to life is protected by law. No one shall be deprived of his life intentionally except in the execution of a sentence of a court-imposed for a crime for which such punishment is prescribed by law.
Deprivation of life is not considered a violation of this article when it is the result of an absolutely necessary use of force:
- a) to protect any person from unlawful violence;
- b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
- c) in order to quell, in accordance with the law, a riot or insurrection.
Article 3.
Prohibition of torture
No one should be subjected to torture or inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labor
No one should be held in slavery or servitude.
No one should be involved in forced or compulsory labor.
For the purposes of this article, the term “forced or compulsory labor” does not include:
(a) any work normally required to be performed by a person who is imprisoned in accordance with the provisions of Article 5 of this Convention or conditionally released from such detention;
- b) any service of a military character or, in countries where the conscientious objection to military service is recognized, service exacted in lieu of compulsory military service;
- c) any service obligatory in the event of an emergency or calamity threatening the life or well-being of the population;
- d) any work or service forming part of normal civic duties.
Article 5.
The right to liberty and security of a person
Everyone has the right to liberty and the security of a person. No one may be deprived of liberty except in the following cases and in the manner prescribed by law:
- a) the lawful detention of a person after conviction by a competent court;
- b) the lawful arrest or detention (arrest) of a person for failure to comply with a court decision issued in accordance with the law or for the purpose of ensuring the fulfillment of any obligation prescribed by law;
(c) The lawful arrest or detention of a person effected for the purpose of bringing him before the competent authority on reasonable suspicion of having committed an offense or when there are reasonable grounds to believe that it is necessary to prevent him from committing an offense or fleeing after having done so;
(d) The detention of a minor by lawful order for educational supervision or his lawful detention for the purpose of bringing him before the competent authority;
(e) The lawful detention of persons in order to prevent the spread of infectious diseases, as well as the lawful detention of the mentally ill, alcoholic, drug addict or vagabond;
- f) the lawful arrest or detention of a person in order to prevent his illegal entry into the country or a person against whom measures are being taken to expel or extradite him.
Everyone who is arrested shall be promptly informed, in a language which he understands, of the reasons for his arrest and of any charge against him.
Anyone arrested or detained in accordance with subparagraph (c) of paragraph 1 of this article shall be brought promptly before a judge or other official vested with judicial power by law and shall have the right to trial for e a reasonable time or for release pending trial. Release may be conditional on the provision of guarantees to appear in court.
Anyone who is deprived of his liberty as a result of arrest or detention has the right to a prompt review by a court of the lawfulness of his detention and to release if his detention is found unlawful by a court.
Anyone who has been the victim of arrest or detention in violation of the provisions of this article is entitled to compensation.
Article 6.
Right to a fair trial
Everyone, in the event of a dispute over his civil rights and obligations, or when any criminal charge is brought against him, has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The judgment is announced publicly, but the press and the public may not be allowed to attend court hearings during the whole or part of the trial for reasons of morality, public order or national security in a democratic society or when the interests of minors or to protect the privacy of the parties so require, or – to the extent that, in the opinion of the court, it is strictly necessary – in special circumstances, when publicity would violate the interests of justice.
Anyone charged with a criminal offense shall be presumed innocent until lawfully established as guilty.
Everyone charged with a criminal offense has at least the following rights:
- a) to be promptly and in detail notified in a language he understands of the nature and basis of the charge brought against him;
- b) to have adequate time and facilities for the preparation of his defense;
- c) to defend himself personally or through legal assistance of his own choosing, or, if he does not have the means to pay for the services of a defense lawyer, to use the services of his appointed defense lawyer free of charge, when the interests of justice so require;
- d) to question witnesses testifying against him or have the right to have these witnesses questioned and have the right to summon and question witnesses in his favor under the same conditions as for witnesses testifying against him;
- e) use the free assistance of an interpreter if he does not understand the language used in court or does not speak this language.
Article 7.
Punishment solely on the basis of the law
No one can be convicted for the commission of any act or for inaction which, according to the national or international law in force at the time of its commission, was not a criminal offense. Nor can a more severe penalty be imposed than that which was applicable at the time of the commission of the criminal offense.
This article does not preclude the conviction and punishment of any person for the commission of any act or omission, which at the time of its commission was a criminal offense in accordance with the general principles of law recognized by civilized countries.
Article 8.
The right to respect for private and family life
Everyone has the right to respect or his private and family life, his home, and his correspondence.
Interference by public authorities in the exercise of this right is not allowed, except in cases where such interference is prescribed by law and is necessary in a democratic society in the interests of national security and public order, the economic well-being of the country, in order to prevent disorder or crime, to protect health or morality or protecting the rights and freedoms of others.
Article 9.
Freedom of thought, conscience, and religion
Everyone has the right to freedom of thought, conscience and religion; this right includes the freedom to change one’s religion or belief and the freedom to practice one’s religion or belief, both individually and in community with others, public or private, in worship, teaching, and worship.
The freedom to manifest one’s religion or belief is subject only to those restrictions which are provided by law and are necessary in a democratic society in the interests of public security, to protect public order, health, or morals, or to protect the rights and freedoms of others.
Article 10.
Freedom of expression
Everyone has the right to freely express their opinion. This right includes the freedom to hold opinions and the freedom to receive and impart information and ideas without any interference from public authorities and regardless of state borders. This article does not prevent States from licensing broadcasting, television, or film industries.
The exercise of these freedoms, which imposes duties and responsibilities, may be subject to certain formalities, conditions, restrictions, or sanctions that are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public order, in order to prevent Article 15.
Derogation from compliance in emergency situations
In the event of war or other extraordinary circumstances threatening the life of the nation, any of the High Contracting Parties may take measures derogating from its obligations under this Convention only to the extent that this is necessitated by the exigencies of the circumstances, provided that such measures do not conflict with others. Its obligations under international law.
This provision cannot serve as a basis for any derogation from the provisions of article 2, except in cases of loss of life as a result of lawful hostilities, or from the provisions of article 3, article 4, paragraph 1 and Article 7.
Any of the High Contracting Parties exercising this right of derogation shall fully inform the Secretary-General of the Council of Europe of the measures it has introduced and the reasons for their adoption. It also informs the Secretary-General of the Council of Europe of the date of termination of such measures and the resumption of the full implementation of the provisions of the Convention.
Article 16
Restriction on political activity of foreigners
Nothing in Articles 10, 11 and 14 can be considered as an obstacle for the High Contracting Parties to impose restrictions on the political activities of foreigners.
Article 17.
Prohibition of abuse of rights
Nothing in this Convention may be construed to mean that any state, any group of persons or any person has the right to engage in any activity or take any action aimed at the abolition of rights and freedoms. Recognized in this Convention, or to limit them to a greater extent than provided for in the Convention.
Article 18.
Limits of use of restrictions on rights
The restrictions allowed in this Convention in relation to the said rights and freedoms shall not be applied for purposes other than those for which they were provided.
Section II. EUROPEAN COURT OF HUMAN RIGHTS
Article 19.
Establishment of the Court
In order to ensure compliance with the obligations assumed by the High Contracting Parties under this Convention and the Protocols thereto, the European Court of Human Rights hereinafter referred to as the “Court”, is established. He works on an ongoing basis.
Article 20.
Number of judges
The number of judges serving on the Court is equal to the number of High Contracting Parties.
Article 21.
Requirements for judges
Judges must be of the highest moral character and meet the requirements for appointment to high judicial office or be jurists of recognized authority.
Judges participate in the work of the Court in their personal capacity.
Throughout their tenure, judges must not engage in any activity incompatible with their independence, impartiality, or with the requirements arising from the nature of their full-time work. All questions arising in connection with the application of the provisions of this paragraph shall be decided by the Court.
Article 22.
Election of judges
A judge from each of the High Contracting Parties is elected by Parliament by a majority of votes cast for it from a list of three candidates nominated by that High Contracting Party.
Article 23.
Term of office and dismissal
The judges are elected for a term of nine years. They cannot be re-elected.
The terms of office of judges expire when they reach the age of seventy.
The judges hold their posts until they are replaced. At the same time, even after the replacement, they continue to consider the cases already received by them.
A judge may be dismissed from office only if the other judges, by a two-thirds majority, decide that this judge no longer meets the requirements.
Article 24.
Secretariat and speakers
The Court has a Secretariat, the rights, duties and organization of which are determined by the Rules of the Court.
When the Court sits with a single judge, the Court uses the services of rapporteurs, who exercise their functions under the direction of the President of the Court. They form a subdivision of the Registry of the Court.
Article 25.
Plenary sessions of the Court
In plenary sessions, the Court:
- a) elect its own President and one or two Vice-Presidents for a term of three years; they can be re-elected;
- b) forms Chambers, created for a fixed term;
- c) elect the Presidents of the Chambers of the Court; they can be re-elected;
- d) adopts the Rules of Court;
- e) elect the Registrar – Chancellor of the Court and one or more of his deputies;
- f) submits any application in accordance with paragraph 2 of article 26.
Article 26.
Single Judges, Committees, Chambers and Grand Chamber
For the consideration of cases assigned to it, the Court shall sit in the composition of a single judge, committees of three judges, Chambers of seven judges and a Grand Chamber of seventeen judges. The Chambers of the Court form committees for a specified period.
At the request of the plenary session of the Court, the Committee of Ministers may, by its unanimous decision, reduce the number of judges in the Chambers to five for a specified period.
Sitting alone on a case, a judge may not consider any complaint filed against a High Contracting Party from which that judge was elected.
A judge elected from a High Contracting Party to the dispute shall sit in the case as an ex officio member of the Chamber and the Grand Chamber. In the absence of such a judge or if he is unable to participate in the session, a person appointed by the President of the Court from a list submitted in advance by this Party shall sit as a judge in the case.
The Grand Chamber also includes the President of the Court, the Vice-Presidents of the Court, the Presidents of the Chambers and other members of the Court-appointed in accordance with the Rules of the Court. In cases where a case is referred to the Grand Chamber in accordance with the provisions of Article 43, none of the judges of the Chamber which rendered the order may participate in its proceedings, with the exception of the President of that Chamber and a judge elected from the High Contracting Party party to the dispute. …
Article 27.
Competence of sole judges
A single judge may declare inadmissible a complaint filed under Article 34 or remove it from the list of cases pending before the Court if such a decision can be made without further examination of the complaint.
This decision is final.
If the single judge does not declare the complaint inadmissible or remove it from the list of pending cases, that judge will refer it to the committee or the Chamber for further examination.
Article 28.
Competence of committees
With regard to a complaint filed under Article 34, the committee may, by unanimous decision:
- a) declare it inadmissible or remove it from the list of pending cases if such a decision can be made without further examination of the complaint; or
(b) Declare it admissible and at the same time rule on the merits of the application if the underlying question of the interpretation or application of the provisions of this Convention or the Protocols thereto is already the subject of well-established case-law of the Court.
Decisions and decisions made in accordance with clause 1 are final.
If a judge elected from a High Contracting Party to the dispute is not a member of the committee, the latter may, at any stage of the proceedings, invite that judge to replace one of the committee members, taking into account all relevant factors, including the issue disputed whether that Party is applying the procedure provided for in subparagraph (b) of paragraph 1.
Article 29.
Chambers’ decisions on admissibility and merits
If no decision has been taken in accordance with the provisions of Articles 27 or 28, or no judgment has been rendered in accordance with the provisions of Article 28, the Chamber shall decide on the admissibility and merits of the individual complaints lodged in accordance with the provisions of Article 34. Decisions on admissibility can be rendered separately.
The Chamber decides on the admissibility of the State complaint lodged in accordance with Article 33, and on the merits of the case. The admissibility of an application is decided separately unless the Court decides otherwise in exceptional cases.
Article 30.
Assignment of jurisdiction to the Grand Chamber
If the case pending before the Chamber raises a serious question concerning the interpretation of the provisions of the Convention or the Protocols thereto, or if the decision on the issue may conflict with a previous judgment of the Court, the Chamber may, before making its order, cede jurisdiction to the Grand Chamber, if not one of the parties does not object to this.
Article 31.
Powers of the Grand Chamber
Grand Chamber:
(a) Decide on complaints filed under Article 33 or Article 34 when any of the Chambers has ceded jurisdiction pursuant to the provisions of Article 30 or when a case is referred to it in accordance with the provisions of Article 43;
- b) decides on matters referred to the Court by the Committee of Ministers in accordance with paragraph 4 of Article 46; and
(c) Consider requests for advisory opinions made in accordance with the provisions of Article 47.
Article 32
Competence of the Court
The Court is in charge of all questions concerning the interpretation and application of the provisions of the Convention and its Protocols, which may be referred to it in the cases provided for by the provisions of Articles 33, 34, 36 and 47.
In the event of a dispute regarding the competence of the Court in a particular case, the issue shall be decided by the Court itself.
Article 33.
Interstate affairs
Any High Contracting Party may refer to the Court a question of any alleged violation of the provisions of the Convention and its Protocols by another High Contracting Party.
Article 34.
Individual complaints
The Court may accept applications from any individual, any non-governmental organization or any group of individuals who claim to be victims of a violation by one of the High Contracting Parties of their rights recognized in this Convention or in its Protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Article 35.
Conditions of eligibility
The court may only entertain a case after all domestic remedies have been exhausted, as provided for in generally accepted rules of international law, and within six months from the date on which the domestic authorities rendered the final decision on the case.
The Court will not accept for examination any individual complaint lodged under Article 34 if it:
- a) is anonymous; or
(b) is essentially the same as the one which has already been examined by the Court, or is already the subject of another procedure of international investigation or settlement, and if it does not contain new relevant facts.
The Court shall declare inadmissible any individual application made under the provisions of Article 34 if it considers that:
- a) the complaint is incompatible with the provisions of this Convention or its Protocols, is manifestly ill-founded, or amounts to an abuse of the right to lodge an individual complaint; or
- b) the applicant has not suffered significant harm, unless the principle of respect for human rights, as defined in this Convention and the Protocols thereto, requires an examination of the complaint on the merits, and provided that no case can be refused on that basis, which was not properly examined by the domestic court.
The Court shall reject any application referred to it which it considers inadmissible under this article. He can do this at any stage of the proceedings.
Article 36.
Third-party involvement
In respect of any case pending before any of the Chambers or the Grand Chamber, each High Contracting Party of which the applicant is a national may submit written comments and participate in hearings.
In the interests of the proper administration of justice, the President of the Court may invite any High Contracting Party not a party to the case, or any interested person other than the applicant, to submit written comments or to take part in hearings.
In respect of any case pending before any of the Chambers or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.
Article 37.
Termination of proceedings on a case
The court may, at any stage of the proceedings, decide to discontinue the proceedings if the circumstances lead to the conclusion that:
- a) the applicant no longer intends to pursue his complaint; or
- b) the dispute has been resolved; or
- c) for any other reason established by the Court, further examination of the application is unjustified.
Nevertheless, the Court continues to consider an application if it is required by the observance of the human rights guaranteed by this Convention and the Protocols thereto.
The court may decide to restore the complaint to the list e pending cases if it considers that it is justified by the circumstances.
Article 38
Procedure for considering a case
The court considers the case with the participation of representatives of the parties and, if necessary, undertakes an investigation of the circumstances of the case, for the effective conduct of which the participating High Contracting Parties create all the necessary conditions.
Article 39.
Settlement agreements
At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to concluding an amicable agreement in the case on the basis of respect for human rights as defined in this Convention and the Protocols thereto.
The procedure carried out in accordance with paragraph 1 is confidential.
In the event of a settlement agreement, the Court removes the case from its list by issuing a judgment in which only a summary of the facts and the reached resolution of the dispute is given.
This decision is sent to the Committee of Ministers, which oversees the implementation of the terms of the settlement agreement, as set out in the decision.
Article 40.
Open court hearings and access to documents
Unless, due to exceptional circumstances, the Court decides otherwise, its sessions are public.
Access to documents deposited with the Registry is open to the public unless the President of the Court decides otherwise.
Article 41.
Fair compensation
If the Court declares that there has been a violation of the Convention or the Protocols thereto, and the internal law of a High Contracting Party allows only partial elimination of the consequences of this violation, the Court, if necessary, awards just satisfaction to the injured party.
Article 42
Chambers’ decisions
The decisions of the Chambers shall become final in accordance with the provisions of article 44, paragraph 2.
Article 43
Referral of the case to the Grand Chamber
Within three months from the date of the Chamber’s decision, in exceptional cases, it is possible for either of the parties to apply in the case to transfer it to the Grand Chamber.
A panel of five members of the Grand Chamber shall accept the appeal if the case raises a serious question concerning the interpretation or application of the provisions of this Convention or its Protocols, or another serious question of a general nature.
If the Collegium accepts the appeal, the Grand Chamber issues its ruling on the case.
Art 44
Final rulings
The judgment of the Grand Chamber is final.
A judgment of any of the Chambers becomes final if:
- a) the parties do not declare that they will request the referral of the case to the Grand Chamber; or
(b) After three months from the date of the order, there has been no request to refer the case to the Grand Chamber; or
(c) The Jury of the Grand Chamber rejects the referral request under Article 43.
The final decision is subject to publication.
Article 45.
Motivation for judgments and decisions
Judgments and decisions on admissibility or inadmissibility of complaints must be reasoned.
If the decision, in whole or in part, does not express the unanimous opinion of the judges, then any judge has the right to present his dissenting opinion.
Article 46
Binding force and execution of ordinances
The High Contracting Parties undertake to comply with the final judgments of the Court in any case to which they are parties.
The final judgment of the Court is forwarded to the Committee of Ministers, which oversees its implementation.
If the Committee of Ministers considers that a problem of interpretation of that judgment impedes the supervision of the execution of the final judgment, it may refer the matter to the Court for a judgment on the issue of interpretation. The decision to refer the matter to the Court requires a two-thirds majority of the representatives entitled to participate in the work of the Committee.
If the Committee of Ministers considers that a High Contracting Party refuses to comply with a final judgment in a case to which it is a party, it may, after giving formal notification to that Party, and by a decision by a two-thirds majority of the representatives entitled to take part in the proceedings. Committee, to refer to the Court the question of whether that Party has breached its obligation established in accordance with paragraph 1.
If the Court finds that paragraph 1 has been violated, it will refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court does not find that paragraph 1 has been violated, it will refer the case to the Committee of Ministers, which closes the case.
Article 47.
Advisory opinions
The Court may, at the request of the Committee of Ministers, issue advisory opinions on legal questions concerning the interpretation of the provisions of the Convention and the Protocols thereto.
Such opinions shall not affect matters relating to the content or scope of the rights or freedoms defined in Section I of the Convention and its Protocols, nor other matters which the Court or The Committee of Ministers might need to address when considering any treatment under the Convention.
The decision of the Committee of Ministers to request an advisory opinion from the Court shall be taken by a majority vote of representatives entitled to sit on the Committee.
Article 48
Competence of the Court in respect of advisory opinions
It is up to the Court to decide whether a request for an advisory opinion made by the Committee of Ministers falls within the competence of the Court, as defined in Article 47.
Article 49.
Motivation for the advisory opinions
The advisory opinions of the Court must be reasoned.
If the advisory opinion, in whole or in part, does not express the unanimous opinion of the judges, then any judge is entitled to present his dissenting opinion.
The advisory opinion of the Court is sent to the Committee of Ministers.
Article 50.
Maintenance costs of the Court
The costs of the Court are borne by the Council of Europe.
Article 51.
Privileges and immunities of judges
In the exercise of their functions, judges shall enjoy the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in agreements concluded on its basis.
Section III. VARIOUS PROVISIONS
Article 52.
Secretary General’s Inquiries
Upon receipt of a request from the Secretary-General of the Council of Europe, each High Contracting Party shall provide clarifications as to how its domestic law ensures the effective application of any of the provisions of this Convention.
Article 53.
Safeguards for Recognized Human Rights
Nothing in this Convention may be construed as limiting or diminishing any of the human rights and fundamental freedoms that may be secured by the legislation of any High Contracting Party or by any other agreement to which it is a party.
Art 54
Powers of the Committee of Ministers
Nothing in this Convention shall diminish the powers of the Committee of Ministers vested in it by virtue of the Statute of the Council of Europe.
Art 55
Refusal from other means of dispute settlement
The High Contracting Parties agree, unless otherwise provided by a special agreement, not to resort to treaties, conventions or declarations in force between them when submitting for consideration, by sending a statement, a dispute over the interpretation or application of the provisions of this Convention and not to use other means of settling the dispute than provided for by this Convention.
Article 56
Territorial scope
Any State, upon ratification or thereafter, may declare by notification to the Secretary-General of the Council of Europe that this Convention, subject to paragraph 4 of this article, applies to all or any of the territories for whose external relations it is responsible.
The Convention shall extend to the territory or territories specified in the notification from the thirtieth day after the receipt of this notification by the Secretary-General of the Council of Europe.
The provisions of this Convention shall apply in the said territories with due regard to local conditions.
Any State which has made a declaration under paragraph 1 of this article may subsequently at any time declare, in relation to one or more of the territories named in that declaration, recognizing the competence of the Court to receive applications from individuals, non-governmental organizations or groups of individuals. as provided in article 34 of the Convention.
Section 57
Reservations
Any State, when signing this Convention or when depositing its instrument of ratification, may make a reservation to any specific provision of the Convention to the effect that law in force at that time in its territory is inconsistent with that provision. General reservations are not permitted under this article.
Any reservation made in accordance with this article must contain a summary of the relevant law.
Article 58.
Denunciation
A High Contracting Party may denounce this Convention only after five years from the date on which it became a Party to the Convention and six months after the notification has been sent to the Secretary-General of the Council of Europe, who will inform the other High Contracting Parties accordingly.
Denunciation shall not relieve the High Contracting Party concerned from its obligations under this Convention in respect of any act which may have breached such obligations and may have been committed by it prior to the date on which the denunciation takes effect.
Any High Contracting Party which ceases to be a member of the Council of Europe, under the same conditions, ceases to be a Party to this Convention.
The Convention may be denounced in accordance with the provisions of the preceding paragraphs with respect to any territory to which it is subject to its effect in accordance with the provisions of Article 56.
Art 59
Signature and ratification
This Convention is open for signature by the member states of the Council of Europe. It is subject to ratification and. Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
The European Union is free to accede to this Convention.
This Convention shall enter into force upon the deposit of ten instruments of ratification.
For those States that subsequently ratify the Convention, it enters into force on the date on which they deposited their instruments of ratification.
The Secretary-General of the Council of Europe shall notify all member states of the Council of Europe of the entry into force of the Convention, of the High Contracting Parties that have ratified it, and of the surrender of the instruments of ratification that may subsequently be received.
Done at Rome on November 4, 1950, in English and French, both texts being equally authentic, in a single copy which is deposited in the archives of the Council of Europe. The Secretary-General shall send certified copies to all signatory States to the Convention.
PROTOCOL [No. 1]
of March 20, 1952
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(text of Protocol [No. 1] to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The governments’ signatory to this Protocol that are members of the Council of Europe,
Determined to take measures to ensure the collective exercise of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”),
Have agreed as follows:
Article 1.
Property protection
Every natural or legal person has the right to respect their property. No one can be deprived of his property except in the interests of society and on the conditions stipulated by law and general principles of international law.
The foregoing provisions do not diminish the right of the state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to enforce the payment of taxes or other fees or fines.
Article 2.
Right to education
No one can be denied the right to education. The State, in exercising any functions that it undertakes in the field of education and training, shall respect the right of parents to provide such education and training that is consistent with their religious and philosophical convictions.
Article 3.
The right to free elections
The High Contracting Parties undertake to hold, at reasonable intervals, free elections by secret ballot, under conditions such as to ensure the free expression of the will of the people in the choice of the legislature.
Article 4
Territorial scope
Any High Contracting Party may, upon signature or ratification, or at any time thereafter, transmit to the Secretary General of the Council of Europe a declaration of the limits of its obligations regarding the application of the provisions of this Protocol to those territories named in the declaration for whose external relations it is responsible.
Any High Contracting Party which has made a declaration in accordance with the provisions of the preceding paragraph may from time to time submit a new declaration to amend the terms of any previous declaration or to cease the application of the provisions of this Protocol with respect to any territory.
A declaration made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
Article 5.
Relationship with the Convention
The High Contracting Parties regard Articles 1, 2, 3 and 4 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 6.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification concurrently with or after the ratification of the Convention. The Protocol enters into force upon the deposit of ten instruments of ratification. For each signatory State that subsequently ratifies the Protocol, it shall enter into force on the date on which it deposits its instrument of ratification.
The instruments of ratification are deposited with the Secretary-General of the Council of Europe, who notifies all member states of the Council of Europe of the states that have ratified the Protocol.
Done at Paris on March 20, 1952, in English and French, both texts being equally authentic, in a single copy which is deposited in the archives of the Council of Europe. The Secretary-General shall transmit a certified copy to each Government that has signed this Protocol.
PROTOCOL No. 4
of September 16, 1963
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
ON THE ENSURING OF SOME RIGHTS AND FREEDOMS IN ADDITION TO THOSE WHICH ARE ALREADY INCLUDED IN THE CONVENTION AND THE FIRST PROTOCOL TO IT
(text of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The governments’ signatory to this Protocol that are members of the Council of Europe,
Determined to take measures to ensure the collective exercise of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”), and in Article 1, 2 and 3 of the first Protocol to the Convention, signed at Paris on 20 March 1952,
Have agreed as follows:
Article 1.
Prohibition of imprisonment for debt
No one may be deprived of his liberty on the sole ground that he is unable to fulfill any contractual obligation.
Article 2.
Freedom of movement
Everyone who is legally on the territory of a state has the right to freedom of movement and freedom to choose his place of residence within that territory.
Everyone is free to leave any country, including his own.
The exercise of these rights is not subject to any restrictions other than those provided by law and necessary in a democratic society in the interests of national security or public order, to maintain public order, prevent crime, protect health or morals, or to protect the rights and freedoms of others.
The rights recognized in paragraph 1 may also, in certain areas, be subject to restrictions imposed by law and justified by the public interest in a democratic society.
Article 3.
Prohibition of the expulsion of citizens
No one can be expelled by an individual or collective measures from the territory of the state of which he is a citizen.
No one can be deprived of the right to enter the territory of the state of which he is a citizen.
Article 4
Prohibition of the collective expulsion of aliens
The collective expulsion of foreigners is prohibited.
Article 5.
Territorial scope
Any High Contracting Party may, upon signing or ratifying this Protocol, or at any time thereafter, transmit to the Secretary-General of the Council of Europe a statement of the extent to which it is bound to apply the provisions of this Protocol to those designated territories for whose external relations it is responsible.
Any High Contracting Party which has made a declaration in accordance with the provisions of the preceding paragraph may from time to time submit a new declaration to amend the terms of any previous declaration or to cease the application of the provisions of this Protocol with respect to any territory.
A declaration made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
The territory of any State to which this Protocol applies by virtue of its ratification or acceptance by that State, and each of the territories to which this Protocol applies by virtue of a declaration by that State in accordance with the provisions of this article, shall be treated as separate territories for the purpose of reference to the territory of a State. in Articles 2 and 3.
Any State which has made a declaration under paragraphs 1 and 2 of this article may subsequently at any time declare, in relation to one or more of the territories referred to in that declaration, that it recognizes the competence of the Court to receive applications from individuals, non-governmental organizations or private groups. persons, as provided for in Article 34 of the Convention, with regard to compliance with all or any of Articles 1, 2, 3 and 4 of this Protocol.
Article 6.
Relationship with the Convention
The High Contracting Parties regard Articles 1, 2, 3, 4 and 5 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 7.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification concurrently with or after the ratification of the Convention. The Protocol enters into force upon the deposit of five instruments of ratification. With respect to any signatory State which subsequently ratifies this Protocol, it shall enter into force on the date on which it deposits its instrument of ratification.
The instruments of ratification are deposited with the Secretary-General of the Council of Europe, who notifies all member states of the Council of Europe of the states that have ratified the Protocol.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg on September 16, 1963, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General shall send a certified copy to each signatory State y Protocol.
PROTOCOL No. 7
dated November 22, 1984
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(text of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The member states of the Council of Europe which have signed this Protocol,
Determined to take further measures to ensure the collective exercise of certain rights and freedoms through the application of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”),
Have agreed as follows:
Article 1.
Procedural guarantees in case of expulsion of aliens
A foreigner legally residing in the territory of any state cannot be expelled from it except in pursuance of a decision taken in accordance with the law, and must be able to:
- a) present arguments against his expulsion,
- b) request a review of his case, and
(c) for this purpose, be presented before the competent authority or before one or more persons designated by that authority.
An alien may be expelled prior to the exercise of his rights listed in subparagraphs a, b and c of paragraph 1 of this article if such expulsion is necessary in the interests of public order or for reasons of national security.
Article 2.
The right to appeal against sentences in criminal cases in the second instance
Anyone convicted of a criminal offense has the right to have the sentence or sentence imposed on him reviewed by a higher court. The exercise of this right, including the grounds on which it can be exercised, is regulated by law.
Exceptions may be made to this right for minor offenses established by law, or where the person concerned has been tried in the first instance by the Supreme Court or found guilty and convicted following a judicial review of his acquittal.
Article 3.
Compensation for miscarriage of justice
If a person has been convicted of a criminal offense on the basis of a final judgment and his conviction has subsequently been overturned or pardoned on the ground that a new or newly discovered circumstance conclusively proves that there was a miscarriage of justice, then the person who has been punished as a result of such a conviction shall receive compensation in accordance with the law or an existing practice of the state concerned, unless it can be proved that a previously unknown circumstance was not promptly discovered in whole or in part through his fault.
Article 4
The right not to be tried or punished twice
No one should be re-tried or punished in a criminal procedure within the jurisdiction of the same state for a crime for which he has already been acquitted or convicted in accordance with the law and the criminal procedural norms of that state
The provisions of the previous paragraph do not prevent the case from being reconsidered in accordance with the law and the criminal procedural rules of the relevant state if there is information about new or newly discovered circumstances or if significant violations were committed during the previous proceedings that influenced the outcome of the case.
Derogations from the implementation of this article on the basis of the provisions of article 15 of the Convention are not permitted.
Article 5.
Equality of spouses
Spouses have equal rights and equal civil liability in relations between themselves and with their children with regard to marriage, stay in the marriage, and at its dissolution. This article does not prevent States from taking such measures as are necessary to safeguard the best interests of children.
Article 6.
Territorial scope
Any State may, when signing or depositing its instrument of ratification, acceptance or approval, indicate the territory or territories to which this Protocol applies and indicate the extent to which it undertakes to apply the provisions of this Protocol to that territory or those territories.
Any State may subsequently at any time, by sending a declaration to the Secretary-General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. The Protocol shall enter into force in respect of that Territory on the first day of the month following the expiration of two months after the date of receipt by the Secretary-General of this declaration.
Any declaration made on the basis of the two preceding paragraphs and concerning any territory specified therein may be withdrawn or amended by notification to the Secretary-General of the Council of Europe. The withdrawal or amendment shall take effect on the first day of the month following the expiration of two months after the date of receipt by the Secretary-General of this notification.
Application
A deed made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
The territory of any State to which this Protocol applies by virtue of its ratification, acceptance or approval by that State, and each of the territories to which this Protocol applies by virtue of a declaration by that State under the provisions of this article, may be considered as separate territories for the purposes of reference. To the territory of the state in Article 1.
Any State which has made a declaration under paragraphs 1 or 2 of this article may subsequently at any time declare, in relation to one or more of the territories named in that declaration, that it recognizes the competence of the Court to receive applications from individuals, non-governmental organizations or private groups. Persons, as provided for in Article 34 of the Convention, with regard to compliance with Articles 1, 2, 3, 4 and 5 of this Protocol.
Article 7.
Relationship with the Convention
States Parties shall regard Articles 1, 2, 3, 4, 5, and 6 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 8.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification, acceptance, or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without prior or simultaneous ratification of the Convention. Instruments of ratification, acceptance, or approval shall be deposited with the Secretary-General of the Council of Europe.
Article 9.
Entry into force
This Protocol shall enter into force on the first day of the month following the expiration of two months after the date on which the seven-member States of the Council of Europe express their consent to be bound by the Protocol in accordance with the provisions of Article 8.
For any Member State which subsequently expresses its consent to be bound by the Protocol, it shall enter into force on the first day of the month following the expiration of two months after the date on which it deposited its instrument of ratification, acceptance, or approval.
Article 10.
Depository functions
The Secretary-General of the Council of Europe shall notify all member states of the Council of Europe of:
- a) each signature;
- b) the deposit of each instrument of ratification, acceptance or approval;
- c) each date of entry into force of this Protocol in accordance with Articles 6 and 9;
- d) any other act, notification or declaration relating to this Protocol.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.
They are done at Strasbourg on November 22, 1984, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall send a certified copy to each member state of the Council of Europe.
CONVENTION
ON PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
dated November 4, 1950
The governments’ signatory to this Convention that are members of the Council of Europe,
Bearing in mind, the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948,
Considering that this Declaration seeks to ensure the universal and effective recognition and exercise of the rights proclaimed therein,
Considering that the aim of the Council of Europe is to achieve greater unity among its members and that one of the means of achieving this aim is the protection and development of human rights and fundamental freedoms,
Reaffirming their deep commitment to fundamental freedoms, which are the foundation of justice and peace in the world and which are best respected, on the one hand, by a truly democratic political regime and, on the other hand, by universal understanding and respect for the human rights to which they are committed,
Determined, as European Governments, driven by a shared desire and shared heritage of political traditions, ideals, freedom, and the rule of law, to take the first steps towards ensuring the collective realization of some of the rights set out in the Universal Declaration,
Have agreed as follows:
Article 1.
Obligation to respect human rights
The High Contracting Parties shall ensure to everyone under their jurisdiction the rights and freedoms specified in Section I of this Convention.
Section I. RIGHTS AND FREEDOMS
Article 2.
The right to live
Every person’s right to life is protected by law. No one shall be deprived of his life intentionally except in the execution of a sentence of a court-imposed for a crime for which such punishment is prescribed by law.
Deprivation of life is not considered a violation of this article when it is the result of absolutely necessary use of force:
- a) to protect any person from unlawful violence;
- b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
- c) in order to quell, in accordance with the law, a riot or insurrection.
Article 3.
Prohibition of torture
No one should be subjected to torture or inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labor
No one should be held in slavery or servitude.
No one should be involved in forced or compulsory labor.
For the purposes of this article, the term “forced or compulsory labor” does not include:
(a) any work normally required to be performed by a person who is imprisoned in accordance with the provisions of Article 5 of this Convention or conditionally released from such detention;
- b) any service of a military character or, in countries where the conscientious objection to military service is recognized, service exacted in lieu of compulsory military service;
- c) any service obligatory in the event of an emergency or calamity threatening the life or well-being of the population;
- d) any work or service forming part of normal civic duties.
Article 5.
The right to liberty and security of a person
Everyone has the right to liberty and the security of a person. No one may be deprived of liberty except in the following cases and in the manner prescribed by law:
- a) the lawful detention of a person after conviction by a competent court;
- b) the lawful arrest or detention (arrest) of a person for failure to comply with a court decision issued in accordance with the law or for the purpose of ensuring the fulfillment of any obligation prescribed by law;
(c) The lawful arrest or detention of a person effected for the purpose of bringing him before the competent authority on reasonable suspicion of having committed an offense or when there are reasonable grounds to believe that it is necessary to prevent him from committing an offense or fleeing after having done so;
(d) The detention of a minor by lawful order for educational supervision or his lawful detention for the purpose of bringing him before the competent authority;
(e) The lawful detention of persons in order to prevent the spread of infectious diseases, as well as the lawful detention of the mentally ill, alcoholic, drug addict or vagabond;
- f) the lawful arrest or detention of a person in order to prevent his illegal entry into the country or a person against whom measures are being taken to expel or extradite him.
Everyone who is arrested shall be promptly informed, in a language which he understands, of the reasons for his arrest and of any charge against him.
Anyone arrested or detained in accordance with subparagraph (c) of paragraph 1 of this article shall be brought promptly before a judge or other official vested with judicial power by law and shall have the right to trial for e a reasonable time or for release pending trial. Release may be conditional on the provision of guarantees to appear in court.
Anyone who is deprived of his liberty as a result of arrest or detention has the right to a prompt review by a court of the lawfulness of his detention and to release if his detention is found unlawful by a court.
Anyone who has been the victim of arrest or detention in violation of the provisions of this article is entitled to compensation.
Article 6.
Right to a fair trial
Everyone, in the event of a dispute over his civil rights and obligations, or when any criminal charge is brought against him, has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The judgment is announced publicly, but the press and the public may not be allowed to attend court hearings during the whole or part of the trial for reasons of morality, public order or national security in a democratic society or when the interests of minors or to protect the privacy of the parties so require, or – to the extent that, in the opinion of the court, it is strictly necessary – in special circumstances, when publicity would violate the interests of justice.
Anyone charged with a criminal offense shall be presumed innocent until lawfully established as guilty.
Everyone charged with a criminal offense has at least the following rights:
- a) to be promptly and in detail notified in a language he understands of the nature and basis of the charge brought against him;
- b) to have adequate time and facilities for the preparation of his defense;
- c) to defend himself personally or through legal assistance of his own choosing, or, if he does not have the means to pay for the services of a defense lawyer, to use the services of his appointed defense lawyer free of charge, when the interests of justice so require;
- d) to question witnesses testifying against him or have the right to have these witnesses questioned and have the right to summon and question witnesses in his favor under the same conditions as for witnesses testifying against him;
- e) use the free assistance of an interpreter if he does not understand the language used in court or does not speak this language.
Article 7.
Punishment solely on the basis of the law
No one can be convicted for the commission of any act or for inaction which, according to the national or international law in force at the time of its commission, was not a criminal offense. Nor can a more severe penalty be imposed than that which was applicable at the time of the commission of the criminal offense.
This article does not preclude the conviction and punishment of any person for the commission of any act or omission, which at the time of its commission was a criminal offense in accordance with the general principles of law recognized by civilized countries.
Article 8.
The right to respect for private and family life
Everyone has the right to respect or his private and family life, his home, and his correspondence.
Interference by public authorities in the exercise of this right is not allowed, except in cases where such interference is prescribed by law and is necessary in a democratic society in the interests of national security and public order, the economic well-being of the country, in order to prevent disorder or crime, to protect health or morality or protecting the rights and freedoms of others.
Article 9.
Freedom of thought, conscience, and religion
Everyone has the right to freedom of thought, conscience and religion; this right includes the freedom to change one’s religion or belief and the freedom to practice one’s religion or belief, both individually and in community with others, public or private, in worship, teaching, and worship.
The freedom to manifest one’s religion or belief is subject only to those restrictions which are provided by law and are necessary in a democratic society in the interests of public security, to protect public order, health, or morals, or to protect the rights and freedoms of others.
Article 10.
Freedom of expression
Everyone has the right to freely express their opinion. This right includes the freedom to hold opinions and the freedom to receive and impart information and ideas without any interference from public authorities and regardless of state borders. This article does not prevent States from licensing broadcasting, television, or film industries.
The exercise of these freedoms, which imposes duties and responsibilities, may be subject to certain formalities, conditions, restrictions, or sanctions that are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public order, in order to prevent Article 15.
Derogation from compliance in emergency situations
In the event of war or other extraordinary circumstances threatening the life of the nation, any of the High Contracting Parties may take measures derogating from its obligations under this Convention only to the extent that this is necessitated by the exigencies of the circumstances, provided that such measures do not conflict with others. Its obligations under international law.
This provision cannot serve as a basis for any derogation from the provisions of article 2, except in cases of loss of life as a result of lawful hostilities, or from the provisions of article 3, article 4, paragraph 1 and Article 7.
Any of the High Contracting Parties exercising this right of derogation shall fully inform the Secretary-General of the Council of Europe of the measures it has introduced and the reasons for their adoption. It also informs the Secretary-General of the Council of Europe of the date of termination of such measures and the resumption of the full implementation of the provisions of the Convention.
Article 16
Restriction on political activity of foreigners
Nothing in Articles 10, 11 and 14 can be considered as an obstacle for the High Contracting Parties to impose restrictions on the political activities of foreigners.
Article 17.
Prohibition of abuse of rights
Nothing in this Convention may be construed to mean that any state, any group of persons or any person has the right to engage in any activity or take any action aimed at the abolition of rights and freedoms. Recognized in this Convention, or to limit them to a greater extent than provided for in the Convention.
Article 18.
Limits of use of restrictions on rights
The restrictions allowed in this Convention in relation to the said rights and freedoms shall not be applied for purposes other than those for which they were provided.
Section II. EUROPEAN COURT OF HUMAN RIGHTS
Article 19.
Establishment of the Court
In order to ensure compliance with the obligations assumed by the High Contracting Parties under this Convention and the Protocols thereto, the European Court of Human Rights hereinafter referred to as the “Court”, is established. He works on an ongoing basis.
Article 20.
Number of judges
The number of judges serving on the Court is equal to the number of High Contracting Parties.
Article 21.
Requirements for judges
Judges must be of the highest moral character and meet the requirements for appointment to high judicial office or be jurists of recognized authority.
Judges participate in the work of the Court in their personal capacity.
Throughout their tenure, judges must not engage in any activity incompatible with their independence, impartiality, or with the requirements arising from the nature of their full-time work. All questions arising in connection with the application of the provisions of this paragraph shall be decided by the Court.
Article 22.
Election of judges
A judge from each of the High Contracting Parties is elected by Parliament by a majority of votes cast for it from a list of three candidates nominated by that High Contracting Party.
Article 23.
Term of office and dismissal
The judges are elected for a term of nine years. They cannot be re-elected.
The terms of office of judges expire when they reach the age of seventy.
The judges hold their posts until they are replaced. At the same time, even after the replacement, they continue to consider the cases already received by them.
A judge may be dismissed from office only if the other judges, by a two-thirds majority, decide that this judge no longer meets the requirements.
Article 24.
Secretariat and speakers
The Court has a Secretariat, the rights, duties and organization of which are determined by the Rules of the Court.
When the Court sits with a single judge, the Court uses the services of rapporteurs, who exercise their functions under the direction of the President of the Court. They form a subdivision of the Registry of the Court.
Article 25.
Plenary sessions of the Court
In plenary sessions, the Court:
- a) elect its own President and one or two Vice-Presidents for a term of three years; they can be re-elected;
- b) forms Chambers, created for a fixed term;
- c) elect the Presidents of the Chambers of the Court; they can be re-elected;
- d) adopts the Rules of Court;
- e) elect the Registrar – Chancellor of the Court and one or more of his deputies;
- f) submits any application in accordance with paragraph 2 of article 26.
Article 26.
Single Judges, Committees, Chambers and Grand Chamber
For the consideration of cases assigned to it, the Court shall sit in the composition of a single judge, committees of three judges, Chambers of seven judges and a Grand Chamber of seventeen judges. The Chambers of the Court form committees for a specified period.
At the request of the plenary session of the Court, the Committee of Ministers may, by its unanimous decision, reduce the number of judges in the Chambers to five for a specified period.
Sitting alone on a case, a judge may not consider any complaint filed against a High Contracting Party from which that judge was elected.
A judge elected from a High Contracting Party to the dispute shall sit in the case as an ex officio member of the Chamber and the Grand Chamber. In the absence of such a judge or if he is unable to participate in the session, a person appointed by the President of the Court from a list submitted in advance by this Party shall sit as a judge in the case.
The Grand Chamber also includes the President of the Court, the Vice-Presidents of the Court, the Presidents of the Chambers and other members of the Court-appointed in accordance with the Rules of the Court. In cases where a case is referred to the Grand Chamber in accordance with the provisions of Article 43, none of the judges of the Chamber which rendered the order may participate in its proceedings, with the exception of the President of that Chamber and a judge elected from the High Contracting Party party to the dispute. …
Article 27.
Competence of sole judges
A single judge may declare inadmissible a complaint filed under Article 34 or remove it from the list of cases pending before the Court if such a decision can be made without further examination of the complaint.
This decision is final.
If the single judge does not declare the complaint inadmissible or remove it from the list of pending cases, that judge will refer it to the committee or the Chamber for further examination.
Article 28.
Competence of committees
With regard to a complaint filed under Article 34, the committee may, by unanimous decision:
- a) declare it inadmissible or remove it from the list of pending cases if such a decision can be made without further examination of the complaint; or
(b) Declare it admissible and at the same time rule on the merits of the application if the underlying question of the interpretation or application of the provisions of this Convention or the Protocols thereto is already the subject of well-established case-law of the Court.
Decisions and decisions made in accordance with clause 1 are final.
If a judge elected from a High Contracting Party to the dispute is not a member of the committee, the latter may, at any stage of the proceedings, invite that judge to replace one of the committee members, taking into account all relevant factors, including the issue disputed whether that Party is applying the procedure provided for in subparagraph (b) of paragraph 1.
Article 29.
Chambers’ decisions on admissibility and merits
If no decision has been taken in accordance with the provisions of Articles 27 or 28, or no judgment has been rendered in accordance with the provisions of Article 28, the Chamber shall decide on the admissibility and merits of the individual complaints lodged in accordance with the provisions of Article 34. Decisions on admissibility can be rendered separately.
The Chamber decides on the admissibility of the State complaint lodged in accordance with Article 33, and on the merits of the case. The admissibility of an application is decided separately unless the Court decides otherwise in exceptional cases.
Article 30.
Assignment of jurisdiction to the Grand Chamber
If the case pending before the Chamber raises a serious question concerning the interpretation of the provisions of the Convention or the Protocols thereto, or if the decision on the issue may conflict with a previous judgment of the Court, the Chamber may, before making its order, cede jurisdiction to the Grand Chamber, if not one of the parties does not object to this.
Article 31.
Powers of the Grand Chamber
Grand Chamber:
(a) Decide on complaints filed under Article 33 or Article 34 when any of the Chambers has ceded jurisdiction pursuant to the provisions of Article 30 or when a case is referred to it in accordance with the provisions of Article 43;
- b) decides on matters referred to the Court by the Committee of Ministers in accordance with paragraph 4 of Article 46; and
(c) Consider requests for advisory opinions made in accordance with the provisions of Article 47.
Article 32
Competence of the Court
The Court is in charge of all questions concerning the interpretation and application of the provisions of the Convention and its Protocols, which may be referred to it in the cases provided for by the provisions of Articles 33, 34, 36 and 47.
In the event of a dispute regarding the competence of the Court in a particular case, the issue shall be decided by the Court itself.
Article 33.
Interstate affairs
Any High Contracting Party may refer to the Court a question of any alleged violation of the provisions of the Convention and its Protocols by another High Contracting Party.
Article 34.
Individual complaints
The Court may accept applications from any individual, any non-governmental organization, or any group of individuals who claim to be victims of a violation by one of the High Contracting Parties of their rights recognized in this Convention or in its Protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Article 35.
Conditions of eligibility
The court may only entertain a case after all domestic remedies have been exhausted, as provided for in generally accepted rules of international law, and within six months from the date on which the domestic authorities rendered the final decision on the case.
The Court will not accept for examination any individual complaint lodged under Article 34 if it:
- a) is anonymous; or
(b) is essentially the same as the one which has already been examined by the Court, or is already the subject of another procedure of international investigation or settlement, and if it does not contain new relevant facts.
The Court shall declare inadmissible any individual application made under the provisions of Article 34 if it considers that:
- a) the complaint is incompatible with the provisions of this Convention or its Protocols, is manifestly ill-founded, or amounts to an abuse of the right to lodge an individual complaint; or
- b) the applicant has not suffered significant harm, unless the principle of respect for human rights, as defined in this Convention and the Protocols thereto, requires an examination of the complaint on the merits, and provided that no case can be refused on that basis, which was not properly examined by the domestic court.
The Court shall reject any application referred to it which it considers inadmissible under this article. He can do this at any stage of the proceedings.
Article 36.
Third-party involvement
In respect of any case pending before any of the Chambers or the Grand Chamber, each High Contracting Party of which the applicant is a national may submit written comments and participate in hearings.
In the interests of the proper administration of justice, the President of the Court may invite any High Contracting Party not a party to the case, or any interested person other than the applicant, to submit written comments or to take part in hearings.
In respect of any case pending before any of the Chambers or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.
Article 37.
Termination of proceedings on a case
The court may, at any stage of the proceedings, decide to discontinue the proceedings if the circumstances lead to the conclusion that:
- a) the applicant no longer intends to pursue his complaint; or
- b) the dispute has been resolved; or
- c) for any other reason established by the Court, further examination of the application is unjustified.
Nevertheless, the Court continues to consider an application if it is required by the observance of the human rights guaranteed by this Convention and the Protocols thereto.
The court may decide to restore the complaint to the list e pending cases if it considers that it is justified by the circumstances.
Article 38
Procedure for considering a case
The court considers the case with the participation of representatives of the parties and, if necessary, undertakes an investigation of the circumstances of the case, for the effective conduct of which the participating High Contracting Parties create all the necessary conditions.
Article 39.
Settlement agreements
At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to concluding an amicable agreement in the case on the basis of respect for human rights as defined in this Convention and the Protocols thereto.
The procedure carried out in accordance with paragraph 1 is confidential.
In the event of a settlement agreement, the Court removes the case from its list by issuing a judgment in which only a summary of the facts and the reached resolution of the dispute is given.
This decision is sent to the Committee of Ministers, which oversees the implementation of the terms of the settlement agreement, as set out in the decision.
Article 40.
Open court hearings and access to documents
Unless, due to exceptional circumstances, the Court decides otherwise, its sessions are public.
Access to documents deposited with the Registry is open to the public unless the President of the Court decides otherwise.
Article 41.
Fair compensation
If the Court declares that there has been a violation of the Convention or the Protocols thereto, and the internal law of a High Contracting Party allows only partial elimination of the consequences of this violation, the Court, if necessary, awards just satisfaction to the injured party.
Article 42
Chambers’ decisions
The decisions of the Chambers shall become final in accordance with the provisions of article 44, paragraph 2.
Article 43
Referral of the case to the Grand Chamber
Within three months from the date of the Chamber’s decision, in exceptional cases, it is possible for either of the parties to apply in the case to transfer it to the Grand Chamber.
A panel of five members of the Grand Chamber shall accept the appeal if the case raises a serious question concerning the interpretation or application of the provisions of this Convention or its Protocols, or another serious question of a general nature.
If the Collegium accepts the appeal, the Grand Chamber issues its ruling on the case.
Art 44
Final rulings
The judgment of the Grand Chamber is final.
A judgment of any of the Chambers becomes final if:
- a) the parties do not declare that they will request the referral of the case to the Grand Chamber; or
(b) After three months from the date of the order, there has been no request to refer the case to the Grand Chamber; or
(c) The Jury of the Grand Chamber rejects the referral request under Article 43.
The final decision is subject to publication.
Article 45.
Motivation for judgments and decisions
Judgments and decisions on admissibility or inadmissibility of complaints must be reasoned.
If the decision, in whole or in part, does not express the unanimous opinion of the judges, then any judge has the right to present his dissenting opinion.
Article 46
Binding force and execution of ordinances
The High Contracting Parties undertake to comply with the final judgments of the Court in any case to which they are parties.
The final judgment of the Court is forwarded to the Committee of Ministers, which oversees its implementation.
If the Committee of Ministers considers that a problem of interpretation of that judgment impedes the supervision of the execution of the final judgment, it may refer the matter to the Court for a judgment on the issue of interpretation. The decision to refer the matter to the Court requires a two-thirds majority of the representatives entitled to participate in the work of the Committee.
If the Committee of Ministers considers that a High Contracting Party refuses to comply with a final judgment in a case to which it is a party, it may, after giving formal notification to that Party, and by a decision by a two-thirds majority of the representatives entitled to take part in the proceedings. Committee, to refer to the Court the question of whether that Party has breached its obligation established in accordance with paragraph 1.
If the Court finds that paragraph 1 has been violated, it will refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court does not find that paragraph 1 has been violated, it will refer the case to the Committee of Ministers, which closes the case.
Article 47.
Advisory opinions
The Court may, at the request of the Committee of Ministers, issue advisory opinions on legal questions concerning the interpretation of the provisions of the Convention and the Protocols thereto.
Such opinions shall not affect matters relating to the content or scope of the rights or freedoms defined in Section I of the Convention and its Protocols, nor other matters which the Court or The Committee of Ministers might need to address when considering any treatment under the Convention.
The decision of the Committee of Ministers to request an advisory opinion from the Court shall be taken by a majority vote of representatives entitled to sit on the Committee.
Article 48
Competence of the Court in respect of advisory opinions
It is up to the Court to decide whether a request for an advisory opinion made by the Committee of Ministers falls within the competence of the Court, as defined in Article 47.
Article 49.
Motivation for the advisory opinions
The advisory opinions of the Court must be reasoned.
If the advisory opinion, in whole or in part, does not express the unanimous opinion of the judges, then any judge is entitled to present his dissenting opinion.
The advisory opinion of the Court is sent to the Committee of Ministers.
Article 50.
Maintenance costs of the Court
The costs of the Court are borne by the Council of Europe.
Article 51.
Privileges and immunities of judges
In the exercise of their functions, judges shall enjoy the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in agreements concluded on its basis.
Section III. VARIOUS PROVISIONS
Article 52.
Secretary General’s Inquiries
Upon receipt of a request from the Secretary-General of the Council of Europe, each High Contracting Party shall provide clarifications as to how its domestic law ensures the effective application of any of the provisions of this Convention.
Article 53.
Safeguards for Recognized Human Rights
Nothing in this Convention may be construed as limiting or diminishing any of the human rights and fundamental freedoms that may be secured by the legislation of any High Contracting Party or by any other agreement to which it is a party.
Art 54
Powers of the Committee of Ministers
Nothing in this Convention shall diminish the powers of the Committee of Ministers vested in it by virtue of the Statute of the Council of Europe.
Art 55
Refusal from other means of dispute settlement
The High Contracting Parties agree, unless otherwise provided by a special agreement, not to resort to treaties, conventions or declarations in force between them when submitting for consideration, by sending a statement, a dispute over the interpretation or application of the provisions of this Convention and not to use other means of settling the dispute than provided for by this Convention.
Article 56
Territorial scope
Any State, upon ratification or thereafter, may declare by notification to the Secretary-General of the Council of Europe that this Convention, subject to paragraph 4 of this article, applies to all or any of the territories for whose external relations it is responsible.
The Convention shall extend to the territory or territories specified in the notification from the thirtieth day after the receipt of this notification by the Secretary-General of the Council of Europe.
The provisions of this Convention shall apply in the said territories with due regard to local conditions.
Any State which has made a declaration under paragraph 1 of this article may subsequently at any time declare, in relation to one or more of the territories named in that declaration, recognizing the competence of the Court to receive applications from individuals, non-governmental organizations, or groups of individuals. as provided in article 34 of the Convention.
Section 57
Reservations
Any State, when signing this Convention or when depositing its instrument of ratification, may make a reservation to any specific provision of the Convention to the effect that law in force at that time in its territory is inconsistent with that provision. General reservations are not permitted under this article.
Any reservation made in accordance with this article must contain a summary of the relevant law.
Article 58.
Denunciation
A High Contracting Party may denounce this Convention only after five years from the date on which it became a Party to the Convention and six months after the notification has been sent to the Secretary-General of the Council of Europe, who will inform the other High Contracting Parties accordingly.
Denunciation shall not relieve the High Contracting Party concerned from its obligations under this Convention in respect of any act which may have breached such obligations and may have been committed by it prior to the date on which the denunciation takes effect.
Any High Contracting Party which ceases to be a member of the Council of Europe, under the same conditions, ceases to be a Party to this Convention.
The Convention may be denounced in accordance with the provisions of the preceding paragraphs with respect to any territory to which it is subject to its effect in accordance with the provisions of Article 56.
Art 59
Signature and ratification
This Convention is open for signature by the member states of the Council of Europe. It is subject to ratification and. Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
The European Union is free to accede to this Convention.
This Convention shall enter into force upon the deposit of ten instruments of ratification.
For those States that subsequently ratify the Convention, it enters into force on the date on which they deposited their instruments of ratification.
The Secretary-General of the Council of Europe shall notify all member states of the Council of Europe of the entry into force of the Convention, of the High Contracting Parties that have ratified it, and of the surrender of the instruments of ratification that may subsequently be received.
Done at Rome on November 4, 1950, in English and French, both texts being equally authentic, in a single copy which is deposited in the archives of the Council of Europe. The Secretary-General shall send certified copies to all signatory States to the Convention.
PROTOCOL [No. 1]
of March 20, 1952
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(text of Protocol [No. 1] to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The governments’ signatory to this Protocol that are members of the Council of Europe,
Determined to take measures to ensure the collective exercise of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”),
Have agreed as follows:
Article 1.
Property protection
Every natural or legal person has the right to respect their property. No one can be deprived of his property except in the interests of society and on the conditions stipulated by law and general principles of international law.
The foregoing provisions do not diminish the right of the state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to enforce the payment of taxes or other fees or fines.
Article 2.
Right to education
No one can be denied the right to education. The State, in exercising any functions that it undertakes in the field of education and training, shall respect the right of parents to provide such education and training that is consistent with their religious and philosophical convictions.
Article 3.
The right to free elections
The High Contracting Parties undertake to hold, at reasonable intervals, free elections by secret ballot, under conditions such as to ensure the free expression of the will of the people in the choice of the legislature.
Article 4
Territorial scope
Any High Contracting Party may, upon signature or ratification, or at any time thereafter, transmit to the Secretary-General of the Council of Europe a declaration of the limits of its obligations regarding the application of the provisions of this Protocol to those territories named in the declaration for whose external relations it is responsible.
Any High Contracting Party which has made a declaration in accordance with the provisions of the preceding paragraph may from time to time submit a new declaration to amend the terms of any previous declaration or to cease the application of the provisions of this Protocol with respect to any territory.
A declaration made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
Article 5.
Relationship with the Convention
The High Contracting Parties regard Articles 1, 2, 3 and 4 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 6.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification concurrently with or after the ratification of the Convention. The Protocol enters into force upon the deposit of ten instruments of ratification. For each signatory State that subsequently ratifies the Protocol, it shall enter into force on the date on which it deposits its instrument of ratification.
The instruments of ratification are deposited with the Secretary-General of the Council of Europe, who notifies all member states of the Council of Europe of the states that have ratified the Protocol.
Done at Paris on March 20, 1952, in English and French, both texts being equally authentic, in a single copy which is deposited in the archives of the Council of Europe. The Secretary-General shall transmit a certified copy to each Government that has signed this Protocol.
PROTOCOL No. 4
of September 16, 1963
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
ON THE ENSURING OF SOME RIGHTS AND FREEDOMS IN ADDITION TO THOSE WHICH ARE ALREADY INCLUDED IN THE CONVENTION AND THE FIRST PROTOCOL TO IT
(text of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The government’s signatory to this Protocol that are members of the Council of Europe,
Determined to take measures to ensure the collective exercise of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”), and in Article 1, 2 and 3 of the first Protocol to the Convention, signed at Paris on 20 March 1952,
Have agreed as follows:
Article 1.
Prohibition of imprisonment for debt
No one may be deprived of his liberty on the sole ground that he is unable to fulfill any contractual obligation.
Article 2.
Freedom of movement
Everyone who is legally on the territory of a state has the right to freedom of movement and freedom to choose his place of residence within that territory.
Everyone is free to leave any country, including his own.
The exercise of these rights is not subject to any restrictions other than those provided by law and necessary in a democratic society in the interests of national security or public order, to maintain public order, prevent crime, protect health or morals, or to protect the rights and freedoms of others.
The rights recognized in paragraph 1 may also, in certain areas, be subject to restrictions imposed by law and justified by the public interest in a democratic society.
Article 3.
Prohibition of the expulsion of citizens
No one can be expelled by the individual or collective measures from the territory of the state of which he is a citizen.
No one can be deprived of the right to enter the territory of the state of which he is a citizen.
Article 4
Prohibition of the collective expulsion of aliens
The collective expulsion of foreigners is prohibited.
Article 5.
Territorial scope
Any High Contracting Party may, upon signing or ratifying this Protocol, or at any time thereafter, transmit to the Secretary-General of the Council of Europe a statement of the extent to which it is bound to apply the provisions of this Protocol to those designated territories for whose external relations it is responsible.
Any High Contracting Party which has made a declaration in accordance with the provisions of the preceding paragraph may from time to time submit a new declaration to amend the terms of any previous declaration or to cease the application of the provisions of this Protocol with respect to any territory.
A declaration made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
The territory of any State to which this Protocol applies by virtue of its ratification or acceptance by that State, and each of the territories to which this Protocol applies by virtue of a declaration by that State in accordance with the provisions of this article, shall be treated as separate territories for the purpose of reference to the territory of a State. in Articles 2 and 3.
Any State which has made a declaration under paragraphs 1 and 2 of this article may subsequently at any time declare, in relation to one or more of the territories referred to in that declaration, that it recognizes the competence of the Court to receive applications from individuals, non-governmental organizations or private groups. persons, as provided for in Article 34 of the Convention, with regard to compliance with all or any of Articles 1, 2, 3, and 4 of this Protocol.
Article 6.
Relationship with the Convention
The High Contracting Parties regard Articles 1, 2, 3, 4, and 5 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 7.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification concurrently with or after the ratification of the Convention. The Protocol enters into force upon the deposit of five instruments of ratification. With respect to any signatory State which subsequently ratifies this Protocol, it shall enter into force on the date on which it deposits its instrument of ratification.
The instruments of ratification are deposited with the Secretary-General of the Council of Europe, who notifies all member states of the Council of Europe of the states that have ratified the Protocol.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg on September 16, 1963, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General shall send a certified copy to each signatory State y Protocol.
PROTOCOL No. 7
dated November 22, 1984
TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(text of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
modified in accordance with the provisions
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms
from the date of its entry into force on November 01, 1998)
The member states of the Council of Europe which have signed this Protocol,
Determined to take further measures to ensure the collective exercise of certain rights and freedoms through the application of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as the “Convention”),
Have agreed as follows:
Article 1.
Procedural guarantees in case of expulsion of aliens
A foreigner legally residing in the territory of any state cannot be expelled from it except in pursuance of a decision taken in accordance with the law, and must be able to:
- a) present arguments against his expulsion,
- b) request a review of his case, and
(c) for this purpose, be presented before the competent authority or before one or more persons designated by that authority.
An alien may be expelled prior to the exercise of his rights listed in subparagraphs a, b and c of paragraph 1 of this article if such expulsion is necessary in the interests of public order or for reasons of national security.
Article 2.
The right to appeal against sentences in criminal cases in the second instance
Anyone convicted of a criminal offense has the right to have the sentence or sentence imposed on him reviewed by a higher court. The exercise of this right, including the grounds on which it can be exercised, is regulated by law.
Exceptions may be made to this right for minor offenses established by law, or where the person concerned has been tried in the first instance by the Supreme Court or found guilty and convicted following a judicial review of his acquittal.
Article 3.
Compensation for miscarriage of justice
If a person has been convicted of a criminal offense on the basis of a final judgment and his conviction has subsequently been overturned or pardoned on the ground that a new or newly discovered circumstance conclusively proves that there was a miscarriage of justice, then the person who has been punished as a result of such a conviction shall receive compensation in accordance with the law or an existing practice of the state concerned, unless it can be proved that a previously unknown circumstance was not promptly discovered in whole or in part through his fault.
Article 4
The right not to be tried or punished twice
No one should be re-tried or punished in a criminal procedure within the jurisdiction of the same state for a crime for which he has already been acquitted or convicted in accordance with the law and the criminal procedural norms of that state
The provisions of the previous paragraph do not prevent the case from being reconsidered in accordance with the law and the criminal procedural rules of the relevant state if there is information about new or newly discovered circumstances or if significant violations were committed during the previous proceedings that influenced the outcome of the case.
Derogations from the implementation of this article on the basis of the provisions of article 15 of the Convention are not permitted.
Article 5.
Equality of spouses
Spouses have equal rights and equal civil liability in relations between themselves and with their children with regard to marriage, stay in the marriage, and at its dissolution. This article does not prevent States from taking such measures as are necessary to safeguard the best interests of children.
Article 6.
Territorial scope
Any State may, when signing or depositing its instrument of ratification, acceptance or approval, indicate the territory or territories to which this Protocol applies and indicate the extent to which it undertakes to apply the provisions of this Protocol to that territory or those territories.
Any State may subsequently at any time, by sending a declaration to the Secretary-General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. The Protocol shall enter into force in respect of that Territory on the first day of the month following the expiration of two months after the date of receipt by the Secretary-General of this declaration.
Any declaration made on the basis of the two preceding paragraphs and concerning any territory specified therein may be withdrawn or amended by notification to the Secretary-General of the Council of Europe. The withdrawal or amendment shall take effect on the first day of the month following the expiration of two months after the date of receipt by the Secretary-General of this notification.
Application
A deed made in accordance with the provisions of this article shall be deemed to have been made in accordance with paragraph 1 of article 56 of the Convention.
The territory of any State to which this Protocol applies by virtue of its ratification, acceptance or approval by that State, and each of the territories to which this Protocol applies by virtue of a declaration by that State under the provisions of this article, may be considered as separate territories for the purposes of reference. To the territory of the state in Article 1.
Any State which has made a declaration under paragraphs 1 or 2 of this article may subsequently at any time declare, in relation to one or more of the territories named in that declaration, that it recognizes the competence of the Court to receive applications from individuals, non-governmental organizations or private groups. Persons, as provided for in Article 34 of the Convention, with regard to compliance with Articles 1, 2, 3, 4 and 5 of this Protocol.
Article 7.
Relationship with the Convention
States Parties shall regard Articles 1, 2, 3, 4, 5, and 6 of this Protocol as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 8.
Signature and ratification
This Protocol shall be open for signature by the member states of the Council of Europe that have signed the Convention. It is subject to ratification, acceptance, or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without prior or simultaneous ratification of the Convention. Instruments of ratification, acceptance, or approval shall be deposited with the Secretary-General of the Council of Europe.
Article 9.
Entry into force
This Protocol shall enter into force on the first day of the month following the expiration of two months after the date on which the seven-member States of the Council of Europe express their consent to be bound by the Protocol in accordance with the provisions of Article 8.
For any Member State which subsequently expresses its consent to be bound by the Protocol, it shall enter into force on the first day of the month following the expiration of two months after the date on which it deposited its instrument of ratification, acceptance, or approval.
Article 10.
Depository functions
The Secretary-General of the Council of Europe shall notify all member states of the Council of Europe of:
- a) each signature;
- b) the deposit of each instrument of ratification, acceptance or approval;
- c) each date of entry into force of this Protocol in accordance with Articles 6 and 9;
- d) any other act, notification or declaration relating to this Protocol.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.
They are done at Strasbourg on November 22, 1984, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall send a certified copy to each member state of the Council of Europe.
