Scope Of The Convention For The Protection Of Human Rights And Fundamental Freedoms As Amended By Protocols No. 2, No. 3, No. 5, No. 8 And No. 11

Original Language Title: Geltungsbereich der Konvention zum Schutze der Menschenrechte und Grundfreiheiten in der Fassung der Protokolle Nr. 2, Nr. 3, Nr. 5, Nr. 8 und Nr. 11

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68. Revelation of the Federal Chancellor concerning the scope of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols No 2, No 3, No 5, No 8 and No 11

According to the communications of the Secretary-General of the Council of Europe, the following Contracting Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms have been parties to Protocols No 2, No 3, No 5, No 8 and No 11 (BGBl. Nrn. 210/1958, 329/1970, 330/1970, 84/1972, 64/1990 and BGBl. III No 30/1998, last proclamation of the BGBl area. III. No 108/2006), the reservations expressed in whole or in part on the occasion of ratification were withdrawn, or the following statements are made:

Lithuania 1 :

Lithuania has now fully withdrawn its reservation on Article 5 of the Convention, which was declared on the occasion of the ratification of the Convention.

Serbia 2 :

The Republic of Serbia withdraws the reservations and the declaration pursuant to Article 57 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which read as follows:

" Serbia and Montenegro reaffirms its readiness to fully guarantee the rights enshrined in Articles 5 and 6 of the Convention, and declares that the provisions of Article 5 (1) (1) of the Convention shall be fully guaranteed. c and Art. 6 (1) and (3) the application of Articles 75 to 321 of the Law on slight misdeed by the Republic of Serbia (Law Gazer of the Socialist Republic of Serbia No 44/89, Official Journal of the Republic of Serbia Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) and Articles 61 to 225 of the Law on slight misdeeds of the Republic of Montenegro (Law Gazer of the Republic of Montenegro No 25/94, 29/94, 38/96, 48/99), which govern the procedure before the Magistrate Courts, do not affect.

The right to public consultation, as laid down in Article 6 (1), does not affect the application of the principle that, in principle, courts in Serbia do not hold a public hearing if they decide on administrative disputes. The aforementioned principle is contained in Article 32 of the Law on Administrative Disputes (Law Gazer of Federal Republic of Yugoslavia No 46/96) of the Republic of Serbia.

Declaration pursuant to Art. 57 (2):

The relevant provisions of the laws referred to in this reservation shall govern the following matters:

-

Proceedings before the Magistrate's Courts, including the rights of the accused, rules of evidence and legal remedies (Art. 75 to 89 and 118 to 321 of the Act on slight demise of the Republic of Serbia and Articles 61 to 67 and 97 to 225 of the Law on slight misdemise of the Republic of Montenegro);

-

Establishment and organisation of the Magistrates Courts (Art. 68 to 96 of the Law on slight Infringement of the Republic of Montenegro and Articles 89a to 115 of the Law on Light Inheritance of the Republic of Serbia) and

-

Measures to ensure the presence of the accused (Art. 183 to 192 of the Law on Light Inheritance of the Republic of Serbia). "

Spain 3 :

According to Art. 64 of the Convention [ Art. 57 since the entry into force of Protocol No 11], Spain reserves the right to implement Articles 5 and 6, in so far as it applies to the Constitutional Law 8/1998 of 2 December, Chapters II and III of Title III, and Chapters I, II, III, IV and V of Title IV of the Disciplinary Provisions for the Armed Forces, which entered into force on 3 February 1999.

United Kingdom 4 :

In accordance with letters from the Permanent Representative of the United Kingdom dated 28 September 2009, 15. October 2009, or 22 November 2010, the situation of the territories for whose international relations the United Kingdom is responsible is as follows:

1.

Application of the Convention:

Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, the Vogtei Guernsey, Isle of Man, the Vogtei Jersey, Montserrat, St. Helena, Ascension and Tristan da Cunha, South Georgia and the Southern Sandwich Islands, the The Territories of Akrotiri and Dhekelia in Cyprus, the Turks and Caicos Islands.

2.

The recognition of the right to an individual situation before the European Court of Human Rights:

The territorial extension has been completed as of 14. Jänner 2001 on a permanent basis: Jersey.

The territorial extension was granted in the long term from 1 June 2003: Isle of Man.

The territorial extension was granted in the long term from 1 May 2004: sovereign military bases of Akrotiri and Dhekelia in Cyprus.

The territorial extension has been completed as of 14. Jänner granted in 2006 on a permanent basis: Falkland Islands, Gibraltar, South Georgia and Southern Sandwich Islands.

The territorial extension was granted in the long term from 23 February 2006: Guernsey, Cayman Islands.

The territorial extension has been granted in the long term from 28 September 2009: British Virgin Islands

The territorial extension has been completed as of 14. October 2009: Turks and Caicos Islands.

The territorial extension was granted in the long term from 22 November 2010: Anguilla, Bermuda, Montserrat, St. Helena, Ascension and Tristan da Cunha.

On 19 November 2009, the Permanent Representative of the United Kingdom informed the Secretary-General of the Council of Europe of the following:

"I have the honour to inform you, in accordance with the St. Helena, Ascension and Tristan da Cunha constitutional decree 2009 (United Kingdom Legislative Decree 2009/1751), which is the name of the British overseas territory with the former designation" St. Helena and Dependent Territories of St. Helena "has been changed to" St. Helena, Ascension and Tristan da Cunha ". The status of the area as a British overseas territory is unchanged, and the United Kingdom remains responsible for its external relations accordingly.

To the extent that contracts also apply to St. Helena and Dependent Territories of St. Helena, they continue to apply to St. Helena, Ascension and Tristan da Cunha. "

According to a further note by the Secretary-General, the Committee of Ministers of the Council of Europe decided, on the occasion of its 994 (bis) meeting of 9 May 2007, to act as a party to the Convention on the Protection of the Protection of the Human rights and fundamental freedoms.

Faymann