Key Benefits:
19. Revelation of the Federal Chancellor concerning the scope of the European Convention on the persons taking part in proceedings before the European Court of Human Rights
According to the Communications of the Secretary-General of the Council of Europe, the following other States have their instruments of ratification of the European Convention on the persons participating in proceedings before the European Court of Human Rights (BGBl). III No 55/2001, last proclamation of the BGBl area. III No 44/2007):
States: |
Date of deposit of the Instrument of ratification: |
Estonia |
9 January 2012 |
Poland |
6 December 2012 |
On the occasion of the deposit of their instruments of ratification, these States have declared the following reservations, or Statements made:
Estonia:
The Republic of Estonia declares that it is Art. 4 (1) lit. (a) the Convention, in such a way as to ensure that it does not apply in the Republic of Estonia to persons detained in the course of pre-trial proceedings and judicial proceedings, or who are serving a custodial sentence on the basis of an enforceable court ruling; or who are in a psychiatric institution on the basis of a court judgment or who are in a detention centre or in police custody on the basis of a court ruling for the purpose of being expelled.
Poland:
The Republic of Poland reserves the right, Art. 3 para. 2 lit. (c) to interpret the Convention as if it did not apply in preliminary proceedings for 14 days, calculated from the date of actual application of the detention.
The Republic of Poland reserves the right, Art. 4 (1) (lit). (a) to interpret the Convention in such a way that it does not apply to imprisoned persons or to persons who are in psychiatric facilities on the basis of a court ruling or for persons who are in a detention centre or in expulsion detention. , shall be valid.
With regard to the application of Article 4 (1), the foreign nationals referred to in Article 1 (1) of the Convention must be in possession of the travel documents required for entry into the Republic of Poland and, where necessary, the Acquire the necessary visas. These visas will be issued by the competent Polish consular representatives, subject to the provisions of Article 4 (1) (1). (b) The Convention shall be issued ehestpossible
The Republic of Poland declares that it reserves the right to the provisions of Art. 4 (2) lit. The Convention does not apply to its own nationals.
Faymann