On The Signature Of Protocol No. 11 To The Convention For The Protection Of Human Rights

Original Language Title: o podpisu Protokolu č. 11 k Úmluvě o ochraně lidských práv

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46890&nr=243~2F1998~20Sb.&ft=txt

243/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs declares that on 11 July. May 1994 was in

Strasbourg, accepted, and on behalf of the United States signed Protocol No 11 to the

Convention for the protection of human rights and fundamental freedoms, amending the

the control mechanism set up in it.



The Protocol gave its assent, Parliament of the Czech Republic and approved by it

in accordance with article 39 paragraph 2. 4 of the Constitution of the United States as an international treaty

on human rights and fundamental freedoms as defined in article 10 of the Constitution

Of the Czech Republic. President of the Republic has ratified the Protocol.



The Charter of the United States instrument of ratification was deposited with the

Secretary-General of the Council of Europe, the depositary of the Protocol, on July 28. April 1995.



The Protocol shall enter into force on the basis of its article 4 on 1 January 2000.

November 1998, and that date shall enter into force for the Czech Republic.



Czech translation of Protocol No 11 shall be published at the same time.



Protocol No 11



to the Convention on the protection of human rights and fundamental freedoms, amending the

the control mechanism set up in it



Member States of the Council of Europe, signatory to this Protocol to the Convention on

the protection of human rights and fundamental freedoms, signed in Rome on 4.

November 1950 (hereinafter referred to as "the Convention"),



considering the urgent need for change control mechanism

established by the Convention in order to maintain and increase the effectiveness of the protection of

human rights and fundamental freedoms, mainly due to an increase in the number of

complaints and a growing number of member countries of the Council of Europe,



considering that it is therefore desirable to amend for this purpose, certain

the provisions of the Convention, in particular to replace the existing European Commission and the Court

for a new Permanent Court of human rights,



taking note of Resolution No. 1 adopted at the European Ministerial

Conference on human rights, held in Vienna on 19 and 20 June. and 20.

March 1985,



Noting recommendation 1194 (1992), adopted by the Parliamentary

Assembly of the Council of Europe on 6. October 1992,



Noting the decision on the reform of the control mechanism of the Convention,

adopted by the heads of State and Government of the Member countries of the Council of Europe in Vienna

the Declaration of 9 June. October 1993



They agreed on the following:



Article 1



The existing text of titles II to IV of the Convention (articles 19 to 56) and Protocol No 2,

conferring on the European Court of human rights the power to issue

opinions, shall be replaced by the following title II of the Convention (articles 19 to 51):



"TITLE II-



THE EUROPEAN COURT OF HUMAN RIGHTS



Article 19-



The Establishment Of The Court



In order to ensure the fulfilment of the commitments adopted by the High Contracting Parties in

The Convention and the protocols annexed to it, the European Court of human rights

(hereinafter referred to as "the Court"). The Court carries out its activities as a permanent Office.



Article 20-



Number of judges



The number of judges forming the Court is equal to the number of High Contracting Parties.



Article 21-



The conditions for the exercise of functions



1. the judges shall be of high moral character and must fulfil the conditions

required for the performance of high judicial office or be recognised

lawyers.



2. the judges in the Court as a private person.



3. in its current term of Office, the judges cannot carry on business

that is incompatible with their independence and impartiality or with the demands of

the Permanent Bureau; on all matters raised by the application of this paragraph

shall be decided by the Court.



Article 22-



Election of judges



1. the judges shall be elected by the Parliamentary Assembly for each High

party to the majority of votes cast from a list of three candidates

submitted by the High Contracting Party.



2. the same procedure shall apply when the Court in the case of the accession of the

New High Contracting Parties and in filling occasionally

the vacant seats.



Article 23-



The term of Office



1. the judges shall be elected for a term of six years. May be eligible for re-election.

Term of Office of half of the judges elected at the first election, however,

ends at the end of the third year.



2. the judges whose term of office ends on the expiry of the initial

the three-year period will be determined by drawing lots of the Secretary-General of the Council of Europe

immediately after they are elected.



3. in order to ensure, in the context of options, the replacement of one

half the judges every three years, the Parliamentary Assembly

decide, before proceeding to any subsequent election, that the function

period of one or more of the judges who are to be elected, will have a different

length than six years but not more than nine and not less than three years.



4. In the case where more than one term of Office, and when

The Parliamentary Assembly will proceed under the preceding paragraph,

This period shall be allocated by drawing lots of the Secretary-General of the Council of Europe immediately after the

elections.



5. the judge, who was elected to replace a judge whose term of Office

not expired shall hold office for the remainder of the term of Office of his predecessor.



6. The term of Office of the judges is over the age of 70 years.



7. Judges hold office until they are replaced. Then what were

However, they continue discussing replaced those cases that have already

they assess.



Article 24-



Appeal



No judge shall not be deprived of their Office, if the other judges

a two-thirds majority, do not decide that it no longer meets the

the required conditions.



Article 25-



Office and referendáři



The Court has an Office, whose duties and the Organization lays down rules of court.

The Court help to referendáři.



Article 26-



The Plenary Court



The Plenary Court



and the three-year period) elect its President and one or two

the Vice-President; These may be eligible for re-election



(b)), the boards shall be established for a fixed period,



(c) elect the President of the Chambers of the Court); These may be eligible for re-election



d) adopt rules of court,



e) elect the Registrar and one or more representatives of the head of

Office.



Article 27-



Committees, Chambers and Grand Chamber



1. the consideration of the cases submitted to the Court in the committees

of the three judges, in chambers of seven judges and in a Grand Chamber

a panel of judges. The Court's Chambers shall set up committees to firmly

a specified period.



2. A member of the Chamber and the Grand Chamber the judge elected, ex officio

the party concerned or, if such is not or is not able to

sit, the person designated by him to Medjugorje as a judge.



3. the Grand Board shall further be composed of the President of the Court, the Vice-Presidents, the Presidents of the

of the Chambers and other judges chosen in accordance with the rules of procedure of the Court.

If the case is referred to in article 43, passed to the Grand Chamber, not in it

judge of the Chamber which delivered the judgment, with the exception of the President

the Chamber and the judge who sat for the party concerned.



Article 28-



Statement of the Committee about the unacceptability



The Committee may unanimously declare inadmissible or strike it out of

its list of cases an individual complaint under article 34,

where such a decision can be taken without further examination. This

decision is final.



Article 29-



The Senate's decision on the admissibility and, in case



1. If it is not a decision made under article 28, a Chamber shall decide on the

and in the matter of the admissibility of individual complaints lodged under article

34.



2. The Senate shall decide on the admissibility and merits of inter-State complaints

submitted under article 33.



3. the decision on admissibility shall be taken separately unless the Court, in

exceptional cases, decides otherwise.



Article 30-



Waiver of jurisdiction in favour of the Grand Chamber



If a case of the present appeal raises a serious question concerning the

interpretation of the Convention or the protocols thereto, or if the decision of the Senate of the

the question of the present it could interfere with the judgment of the previously

The Court handed down by the Senate may at any time before the

the judgment to give up powers in favour of the Grand Chamber, unless the

Neither side of the case does not object.



Article 31-



The powers of the Grand Chamber



The Grand Chamber



and) decides on complaints submitted either under article 33 or article

34 if the Senate gave up its powers under article 30 or when he

the case was referred to under article 43, and



b) assesses complaints about opinions submitted under article 47.



Article 32-



Jurisdiction Of The Court



1. Jurisdiction of the Court shall apply to all matters relating to the interpretation and

application of the Convention and the protocols thereto, which are presented to the Court by

the provisions of articles 33, 34 and 47.



2. Disputes concerning the jurisdiction of the Court the Court shall decide.



Article 33-



Inter-State cases



Any High Contracting Party may notify the Court of any alleged breach of the

the provisions of the Convention and the protocols thereto by another High Contracting Party.



Article 34-



Individual complaints



The Court may accept complaints from any natural person, non-governmental

organisations or groups of individuals claiming for victims as a result of

infringement of the rights conferred by the Convention and the Protocols to it, one of the High

of the Contracting Parties. The High Contracting Parties undertake not in any way

prevent the effective exercise of this right.



Article 35-



The conditions of acceptability



1. the Court may undertake only after the exhaustion of all domestic

remedies according to the generally accepted rules of international

rights and within a period of six months from the date on which the final

decision.



2. the Court shall not deal with any individual complaints submitted

pursuant to article 34, which is




and anonymous, or)



(b)) basically the same as the present complaint before the Court

or already submitted to another international investigation or conciliation

authority and if it contains no relevant new facts.



3. The Court shall declare inadmissible any individual complaint

submitted under article 34 which it considers incompatible with the

the provisions of the Convention or the protocols thereto, manifestly unfounded or

the abusive exercise of the right to file a complaint.



4. the Court shall reject each complaint, which it considers inadmissible under

This article. You may do so at any stage of the proceedings.



Article 36-



The intervention of a third party



1. the High Contracting Party whose national is the complainant, has

in all the cases pending before the Senate, or the Grand Chamber

the right to submit written comments and take part in hearings.



2. the President of the Court may, in the interest of the proper administration of Justice, invite

Each High Contracting Party which is not a party to the proceedings, or any

the person concerned who is not the complainant to submit a written

observations or to participate in the hearing.



Article 37-



Removal of complaints



1. the Court may at any stage of the proceedings decide to strike out

complaints from its list of cases where the circumstances lead to the conclusion

that



and does not insist on its own) the complainant the complaint, or



(b)) case has already been resolved, or



(c)) for any other reason established by the Court is no longer

reason to continue the examination of the complaint.



However, the Court continues examination of the complaint, if required by the compliance

the human rights guaranteed by the Convention and the protocols thereto.



2. the Court may decide to return the complaint to their list of cases

If it considers that the circumstances justify such a step.



Article 38-



Examination of the case and the procedure for amicable settlement of



1. If the Court shall recognise complaint as an acceptable,



and) in order to establish the facts in the case continues

together with the representatives of the parties and, if necessary, carry out an investigation, for the

the effective implementation of the participating States shall provide all the necessary

resources,



(b)) provides all-round assistance to interested parties in order to achieve

an amicable settlement of the matter on the basis of respect for human rights, as

are laid down by the Convention and the protocols thereto.



2. proceedings conducted under paragraph 1 (b)) is confidential.



Article 39-



Achieving an amicable settlement



If an amicable settlement is reached, the Court shall withdraw the case from its list

in the form of a decision which shall be confined to a brief statement of the facts and

the adopted solution.



Article 40-



The public hearings and access to documents



1. Hearings shall be public, unless the Court in exceptional circumstances

decides otherwise.



2. documents deposited with the Registrar are accessible to the public,

If the President of the Court decides otherwise.



Article 41-



Just satisfaction



If the Court finds that there has been a violation of the Convention or the protocols thereto, and

If the internal law of the High Contracting Party concerned allows you to

only a partial remedy, if necessary, the Court shall grant the injured party

just satisfaction.



Article 42-



Judgments of the Senate



Judgments of the Chamber shall become final in accordance with the provisions of article 44

paragraph. 2.



Article 43-



Referral to the Grand Chamber



1. Within three months from the date of the judgment of the Chamber, the parties may case

apply in exceptional cases, to refer the case to the Grand Chamber.



2. the College of five judges of the Grand Chamber a request, if the case

raises the all-important question relating to the interpretation or application of the Convention or

Protocols thereto, or a serious issue of general importance.



3. If the jury accepts the request, the Grand Chamber shall decide the case in the form of

the judgment.



Article 44-



The finality of the judgment



1. the judgment of the Grand Chamber shall be final.



2. the judgment of the Chamber becomes final,



and once the parties) have declared that they will not request a referral

The Grand Chamber, or



(b)) after the expiry of three months from the date of the judgment, if the

was not requested to refer the case to the Grand Chamber, or



(c)) as soon as the judges of the Grand Chamber rejects the request referred to in article

43.



3. the final judgment shall be published.



Article 45-



Judgment and decision



1. Judgments and decisions on admissibility or inadmissibility of the complaint

must be justified.



2. If the judgment or part of it does not express the unanimous view

judges, each judge is authorized to connect to it its different point of view.



Article 46-



Binding effect and enforcement of the judgment



1. The High Contracting Parties undertake to abide by the final

judgment of the Court in all cases to which they are parties.



2. the final judgment of the Court shall be served on the Committee of Ministers, which shall supervise the

his performance.



Article 47-



Testimonials



1. the Court may, at the request of the Committee of Ministers to issue advisory opinions on legal

matters relating to the interpretation of the Convention and the protocols thereto.



2. Such opinions shall not deal with questions relating to the content

or the scope of the rights or freedoms defined in section I of the Convention and in

Protocols annexed to it, or any other issues that the Court or the Committee

Ministers could consider in consequence of any proceedings which may be

initiated in accordance with the Convention.



3. Decisions of the Committee of Ministers to request an advisory opinion, the Court requires the most

votes of the representatives entitled to sit on the Committee.



Article 48-



The advisory jurisdiction of the Court



The Court shall decide whether a request for an opinion from the Committee of Ministers falls within the

his powers laid down in article 47.



Article 49-



Justification reports



1. a court shall justify your opinion.



2. If the Advisory opinion does not represent in whole or in part the unanimous opinion of

judges, each judge has the right to connect to your own opinion.



3. the Opinions of the Court shall be sent to the Committee of Ministers.



Article 50-



The Expenses Of The Court



The expenses of the Court shall be borne by the Council of Europe.



Article 51-



The privileges and immunities of judges



The judges during the performance of their duties shall also enjoy the privileges and immunities referred to in

Article 40 of the Statute of the Council of Europe and in the agreements on the basis of

concluded. ".



Article 2



1. Title V of the Convention becomes a title III of the Convention; Article 57 of the Convention becomes

Article 52 of the Convention; articles 58 and 59 of the Convention shall be deleted and articles 60 to 66

The Convention shall become articles 53 to 59 of the Convention.



2. section I of the Convention is called the "rights and freedoms" and new title III of the Convention

It is called "MISCELLANEOUS PROVISIONS". Articles 1 to 18 and new articles 52 to 59

The Convention shall be the headings listed in the annex to this Protocol.



3. In the new article 56 para. 1, the words "in accordance with paragraph 4 of this article"

shall be inserted after the word "will"; in paragraph 4, the words "of the Commission to

accept complaints "and" in accordance with article 25 of this Convention "shall be replaced by

"The Court to accept the complaint," and "in accordance with the provisions of article 34

Of the Convention ". In a new article 58 paragraph. 4, the words "in accordance with the provisions of article

63 "shall be replaced by the words" of article 56 ".



4. the Protocol to the Convention is amended to read as follows:



and) articles shall be the headings listed in the annex to the present

of the Protocol;



(b)) in the last sentence of article 4, the words "of article 63" shall be replaced by

"article 56".



5. Protocol No. 4 shall be amended as follows:



and) articles shall be the headings listed in the annex to the present

of the Protocol;



(b) in article 5 (3)). 3, the words "of article 63" shall be replaced by the words "of article 56";

the following new paragraph 5 worded as follows: "5. any State which has made a

Declaration in accordance with paragraph 1 or 2 of this article may at any time

later declare on behalf of one or more of the territories to which the Declaration

refers to recognizing the jurisdiction of the Court to receive complaints from individuals,

non-governmental organisations or groups of individuals under the provisions of article

34 of the Convention in relation to articles 1 to 4 of this Protocol, or to

any of them. ";



(c) paragraph 2 of article 6) shall be deleted.



6. Protocol No. 6 shall be amended as follows:



and) articles shall be the headings listed in the annex to the present

of the Protocol;



(b)) in article 4, the words "article 64" shall be replaced by "referred to in article

57 ".



7. Protocol No. 7 shall be amended as follows:



and) articles shall be the headings listed in the annex to the present

of the Protocol;



(b) in article 6, paragraph 1). 4, the words "of article 63" shall be replaced by "article 56"

and the following new paragraph 6 worded as follows:



"6. any State which has made a declaration in accordance with paragraph 1 or 2

This article may at any time thereafter declare on behalf of one or more

territory, relates that it accepts the competence of the Court to receive

complaints from individuals, nongovernmental organisations or groups of individuals

in accordance with the provisions of article 34 of the Convention in relation to articles 1 to 5 of this

Protocol or to any of them. ";



(c) paragraph 2 of article 7) shall be deleted.



8. Protocol No. 9 shall be deleted.



Article 3



1. this Protocol is open for signature by the Member States of the Council of Europe, which

have signed the Convention, which may express their consent to be bound by it



and the signature) without reservation of ratification, acceptance or approval; or



b) signature subject to ratification, acceptance or approval, after which the

followed by ratification, acceptance or approval.



2. the instrument of ratification, acceptance or approval shall be

deposited with the Secretary-General of the Council of Europe.



Article 4




This Protocol shall enter into force on the first day of the month following the

the expiration of one year from the date on which all parties to the Convention have expressed their

consent to be bound by the Protocol in accordance with the provisions of article 3. Options

new judges can take place and all the other necessary steps for

the purpose of the establishment of the new Tribunal may be made in accordance with the provisions of

This Protocol from the date on which all parties to the Convention have expressed their

its consent to be bound by the Protocol.



Article 5



1. The term of Office of the judges, members of the Commission, the Registrar and the representative of the

the head of office expires on the day of the entry into force of this Protocol,

without prejudice to the provisions of paragraphs 3 and 4 below.



2. Complaints to the date of entry into force of this Protocol have not been

The Commission declared acceptable, will deal with the Court in accordance with the

the provisions of this Protocol.



3. Complaints to the date of entry into force of this Protocol have been

declared acceptable, will address members of the Commission in the period

one year after. All complaints, whose assessment was not

terminated in due time, will be submitted to the Court that they will

deal with the complaint as acceptable in accordance with the provisions of this

Protocol.



4. as regards the complaint that the Commission, after the entry into force of this Protocol

force has adopted a report in accordance with the original article 31 of the Convention, this

report shall be transmitted to the parties, which are not entitled to publish it. In accordance

with the provisions applicable before the entry into force of this Protocol,

the case may be brought before the courts. Judges of the Grand Chamber shall determine whether

one of the boards or the Grand Chamber shall decide the case. Decide if the

the case of the Senate, his decision is final. The cases that have not been

forwarded to the Court, the remainder of the Committee of Ministers in accordance with the provisions of

the original article 32 of the Convention.



5. the present Court Cases that have not been resolved to the date of entry

the entry into force of this Protocol, shall be transmitted to the Grand Chamber of the Court which is

consider the dispute in accordance with the provisions of this Protocol.



6. the present Cases the Committee of Ministers, which were not based on the original

Article 32 of the Convention concluded on the date of entry into force of this Protocol,

completes the Committee of Ministers in accordance with this article.



Article 6



It has made a high contracting party to the Declaration, which recognizes the jurisdiction of the

The Commission or the jurisdiction of the Court under the original article 25 or 46 of the Convention

in relation to matters arising from or based on the facts that

have become after such declaration, this restriction will remain in effect for the

the jurisdiction of the Court under this Protocol.



Article 7



The Secretary General of the Council of Europe shall notify the Member States of the Council:



and) each signature;



(b)) the deposit of any instrument of ratification, acceptance or

approval;



(c)) date of entry of this Protocol or of any of its provisions in the

into force in accordance with article 4;



d) each other Act, notification or communication relating to this Protocol.



On the evidence of this, the undersigned, who were duly authorized to do so,

have signed this Protocol.



Given in Strasbourg on 11 October. in May 1994, in English and French,

both texts being equally authentic, in a single copy, which

be deposited in the archives of the Council of Europe. Certified copies to

the Secretary General of the Council of Europe to all Member States of the Council of Europe.



Annex



The names of the articles, which will be incorporated into the text of the Convention for the protection of human

rights and fundamental freedoms and the protocols thereto

Article 1-the obligation to respect human rights

Article 2-right to life

Article 3-prohibition of torture

Article 4-prohibition of slavery and forced labour

Article 5-the right to liberty and security of

Article 6-Right to a fair trial

Article 7-no punishment without law

Article 8-right to respect for family and private life

Article 9-freedom of thought, conscience and religion

Article 10-freedom of expression

Article 11-Freedom of Assembly and Association

Article 12-right to marry

Article 13-the right to effective remedies

Article 14-prohibition of discrimination

Article 15-withdrawal from obligations in the event of a threat to

Article 16-restrictions on political activity of aliens

Article 5-prohibition of abuse of rights

Article 18-Border restrictions on the rights options



* * *



Article 52-request the Secretary-General of the

Article 53-the guaranteed Protection of human rights

Article 54 – powers of the Committee of Ministers

Article 55-exclusion of other means of settlement of the dispute

Article 56 – territorial application

Article 57-Reservations

Article 58 – Denunciation

Article 59 – signature and ratification



Protocol



Article 1-protection of ownership

Article 2-right to education

Article 3-the right to free elections

Article 4-the territorial scope

Article 5 relationship to the Convention

Article 6 – signature and ratification



Protocol No 4



Article 1-the prohibition of imprisonment for debt

Article 2-freedom of movement

Article 3-prohibition of expulsion of State citizens

Article 4-prohibition of collective expulsion of aliens

Article 5-territorial application

Article 6-Relationship to the Convention

Article 7-signature and ratification



Protocol No 6



Article 1-the ban on the death penalty

Article 2-the death penalty in time of war

Article 3-prohibition of withdrawal

Article 4-Prohibition of reservations

Article 5-territorial application

Article 6-Relationship to the Convention

Article 7-signature and ratification

Article 8-entry into force

Article 9-depositary Tasks



Protocol No 7



Article 1-procedural safeguards relating to expulsion of aliens

Article 2-the right of appeal in criminal matters

Article 3-compensation for unlawful conviction

Article 4-the right not to be tried or punished twice

Article 5-Equality between spouses

Article 6-the territorial scope

Article 7-Relationship to the Convention

Article 8-signature and ratification

Article 9-entry into force

Article 10-the depositary's Tasks