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1 MARCH 2000. - Act enacting the European Agreement concerning Persons participating in Proceedings before the European Court of Human Rights, done in Strasbourg on 5 March 1996 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Agreement concerning Persons Participating in Proceedings before the European Court of Human Rights, made in Strasbourg on 5 March 1996, will bring out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Château-de-Grasse, 1^er March 2000.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000.
Senate.
Documents. - Bill tabled on 18 November 1999, No. 2-164/1. - Report No. 2-164/2. - Text adopted in session and transmitted to the Chamber, No. 2-164/3.
Annales parliamentarians. - Discussion, meeting of 15 December 1999. - Vote, meeting of 16 December 1999.
Room.
Documents. - Project transmitted by the Senate, No. 50-335/1. - Report, no. 50-335/2.
Annales parliamentarians. - Discussion, meeting of 20 January 2000. - Vote, meeting of 20 January 2000.

EUROPEAN AGREEMENT CONCERNING PERSONS PARTICIPING THE PROCEDURES FOR THE EUROPEAN COURT OF HUMAN RIGHTS
The States members of the Council of Europe, signatories to this Agreement,
Considering the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention");
Having regard to the European Agreement concerning Persons participating in Proceedings before the European Commission and the European Court of Human Rights, signed in London on 6 May 1969;
Considering Protocol No. 11 to the Convention, restructuring the monitoring mechanism established by the Convention, signed in Strasbourg on 11 May 1994 (hereinafter referred to as Protocol No. 11 to the Convention), which establishes a new European Permanent Court of Human Rights (hereinafter referred to as "the Court") replacing the European Commission and the European Court of Human Rights;
Considering, in the light of this development, that it is appropriate, in order to better achieve the objectives of the Convention, that persons participating in proceedings before the Court are granted certain immunities and facilities by a new agreement, the European Agreement concerning persons participating in proceedings before the European Court of Human Rights (hereinafter referred to as the "Agreement");
The following agreed:
Article 1^er
1. The persons to whom this Agreement applies are:
(a) all persons participating in the proceedings before the Court, either as a party or as a representative or counsel of a party;
(b) witnesses, experts called by the Court, as well as other persons invited by the President of the Court to participate in the proceedings.
2. For the purposes of this Agreement, the term "Court" refers to committees, chambers, the College of the Enlarged Board, the Enlarged Board and the judges. The term "participating in the proceedings" also refers to any communication for the introduction of a request against a State party to the Convention.
3. In the event that, in the course of the exercise by the Committee of Ministers of its functions pursuant to article 46, paragraph 2, of the Convention, a person referred to in the first paragraph above shall be called to appear before it or to submit written statements, the provisions of this Agreement shall also apply to that person.
Article 2
1. Persons referred to in the first paragraph of Article 1^er of this Agreement shall enjoy the immunity of jurisdiction in respect of their statements made orally or in writing to the Court, and in respect of the documents submitted to it.
2. This immunity does not apply to the communication outside the Court of declarations made or documents filed before the Court.
Article 3
1. Contracting Parties shall respect the right of persons referred to in the first paragraph of Article 1^er this Agreement shall freely correspond with the Court.
2. With regard to detained persons, the exercise of this right includes:
(a) their correspondence shall be transmitted and delivered without delay and without alteration;
(b) such persons may not be subject to any disciplinary action as a result of a communication transmitted to the Court by the appropriate channels;
(c) these persons have the right, in respect of a request to the Court and any proceedings resulting therefrom, to correspond with a counsel allowed to plead before the courts of the country in which they are held and to speak with it without being heard by anyone else.
3. In the application of the preceding paragraphs, there may be no interference by a public authority except as long as this interference is provided for by law and is a necessary measure in a democratic society, national security, the search for and prosecution of a criminal offence or the protection of health.
Article 4
1. (a) Contracting Parties undertake not to prevent persons referred to in the first paragraph of Article 1^er this Agreement shall circulate and travel freely to attend and return to the proceedings before the Court.
(b) No other restrictions may be imposed on these movements and movements except those provided for by law, which constitute necessary measures, in a democratic society, national security, public safety, the maintenance of public order, the prevention of criminal offences, the protection of health or morals, or the protection of the rights and freedoms of others.
2. (a) In transit countries and in the country where the proceedings take place, such persons may not be prosecuted, detained or subjected to any other restriction of their individual freedom because of facts or convictions prior to the beginning of the journey.
(b) Any Contracting Party may, at the time of signature, ratification, acceptance or approval of that Agreement, declare that the provisions of that paragraph shall not apply to its own nationals. Such a declaration may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe.
3. Contracting Parties undertake to let these persons return to their territory when they have started their journey there.
4. The provisions of paragraphs 1 and 2 of this article shall cease to apply when the person concerned has been given the opportunity, for fifteen consecutive days after his or her presence has ceased to be required by the Court, to return to the country where his or her journey began.
5. In the event of a conflict between the obligations resulting from a Contracting Party to paragraph 2 of this Article and those arising from a Council of Europe Convention or an extradition treaty or another treaty relating to mutual legal assistance in criminal matters concluded with other contracting parties, the provisions of paragraph 2 of this Article shall prevail.
Article 5
1. Immunities and facilities are granted to persons referred to in the first paragraph of Article 1^er of this Agreement only to ensure the freedom of speech and independence necessary for the performance of their functions, duties or duties, or for the exercise of their rights before the Court.
2. (a) The Court has the sole authority to declare the total or partial lifting of the immunity provided for in the first paragraph of Article 2 of this Agreement; It has not only the right but the duty to lift immunity in all cases where, in its opinion, it would interfere with the course of justice and where its total or partial lifting would not detract from the purpose defined in the first paragraph of this article.
(b) Immunity may be waived by the Court, either on its own motion or at the request of any Contracting Party or of any interested person.
(c) Decisions pronouncing immunity or refusal are motivated.
3. If a Contracting Party certifies that the lifting of immunity provided for in the first paragraph of Article 2 of this Agreement is necessary for the purposes of prosecution for damage to national security, the Court shall lift immunity to the extent specified in the attestation.
4. In the event of the discovery of a fact of a nature to exercise a decisive influence, and at the time of the decision refusing immunity, it was unknown to the author of the application, the applicant may appeal to the Court for a new application.
Article 6
None of the provisions of this Agreement shall be construed as limiting or derogating from the obligations assumed by the Contracting Parties under the Convention or its Protocols.
Article 7
1. This Agreement shall be open for signature by the Member States of the Council of Europe which may express their consent to be bound by:
(a) signature without reservation of ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Article 8
1. This Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date on which ten Member States of the Council of Europe have expressed their consent to be bound by the Agreement, in accordance with the provisions of Article 7, if at that date Protocol No. 11 to the Convention has entered into force, or on the date on which Protocol No. 11 to the Convention comes into force on the contrary.
2. For any Member State that subsequently expresses its consent to be bound by the Agreement, the Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or deposit of the instrument of ratification, acceptance or approval.
Article 9
1. Any Contracting State may, at the time of deposit of its instrument of ratification, acceptance or approval, or at any other time thereafter, extend the application of this Agreement, by declaration addressed to the Secretary General of the Council of Europe, to any territory designated in the declaration and to which it provides international relations or for which it is authorized to provide.
2. This Agreement shall enter into force in respect of any territory designated under paragraph 1 on the first day of the month following the expiration of one month after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under paragraph 1 may be withdrawn, with respect to any territory designated in that declaration, under the conditions provided for in the procedure provided for denunciation by Article 10 of this Agreement.
Article 10
1. This Agreement shall remain in force without limitation of time.
2. Any Contracting Party may denounce this Agreement with a notification to the Secretary General of the Council of Europe.
3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General. However, such denunciation may not result in the denunciation of the Contracting Party concerned of any obligation that may have arisen under this Agreement with respect to any person referred to in the first paragraph of Article 1^er.
Article 11
The Secretary General of the Council of Europe shall notify the Member States of the Council:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or approval;
(c) any effective date of this Agreement in accordance with Articles 8 and 9;
(d) any other act, notification or communication relating to this Agreement.
In faith, the undersigned, duly authorized to do so, have signed this Agreement.
Done in Strasbourg on 5 March 1996, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

European Agreement concerning Persons participating in Procedures
in Strasbourg on 5 March 1996
List of related States
For the consultation of the table, see image
(S) Signature without reservation of ratification.