242/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that on 5 December. in March 1996 he was in
Strasbourg, adopted the Sixth Protocol to the General Agreement on privileges and
immunities of the Council of Europe.
On behalf of the United States the Protocol was signed in Strasbourg on 10.
October 1997.
The Protocol gave its assent, Parliament of the Czech Republic and the President of the
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 24. June 1998.
The Protocol shall enter into force on the basis of article 8 (2). 1 on 1 January 2000.
November 1998, and that date shall enter into force for the Czech Republic.
Czech translation of the Protocol shall be published at the same time.
THE SIXTH PROTOCOL
to the General Agreement on privileges and immunities of the Council of Europe
Member States of the Council of Europe, signatories to this Protocol,
having regard to the Convention for the protection of human rights and fundamental freedoms,
signed 4. November 1950 (hereinafter referred to as "the Convention");
having regard to Protocol No 11 to the Convention, which is restructuring
control mechanism of the Convention, signed by 11. May 1994 in Strasbourg
(hereinafter referred to as "Protocol No. 11 to the Convention"), establishing a permanent European
Court of human rights (hereinafter referred to as "the Court"), replacing the European Commission and the
Court of human rights;
also having regard to article 51 of the Convention, which provides that at the time of
the performance of the judges are entitled to the privileges and immunities referred to in article 40
The Statute of the Council of Europe and in the agreements concluded on the basis of;
Recalling the General Agreement on privileges and immunities of the Council of Europe,
signed 2. September 1949 in Paris (hereinafter referred to as "General Agreement"), and its
The second, fourth and fifth Protocol;
considering that the granting of the privileges and immunities of the judges of the Court requires
the new Protocol to the General Agreement;
They agreed on the following:
Article 1
In addition to the privileges and immunities referred to in article 18 of the General Agreement will be
the judges, their wives and minor children to enjoy the privileges and immunities,
liberation and the possibilities available to diplomatic agents in accordance with the
international law.
Article 2
For the purposes of this Protocol, the term "judge" means the judge selected in
accordance with article 22 of the Convention, as well as any judge appointed by ad
hoc competent participating State in accordance with article 27, paragraph 1. 2 of the Convention.
Article 3
In order to ensure full freedom of speech and complete independence of judges when
performance of their duties, these will continue to be excluded from the Court of
proceedings in respect of the spoken or written word, and all acts performed by the
in the performance of their duties, no matter that they no longer performance
such obligations are not carried out.
Article 4
Privileges and immunities of judges are granted not for the personal benefit of
the individuals themselves, but in order to safeguard the independent exercise of
of their functions. Only the Court, meeting in plenary is entitled to get rid of the judge
immunity; not only has the right, but also the obligation to get rid of the judge immunity in
any case where in its opinion the immunity would be in the way of performance
Justice and unless she can give up without prejudice to the purpose,
for which it was provided.
Article 5
(1) the provisions of articles 1, 3 and 4 of this Protocol shall apply to
Registrar of the Court and his Deputy, that is States which are parties to the
The Convention, formally notified as the Acting Registrar of the Court.
(2) the provisions of article 3 of this Protocol and article 18 of the General Agreement
apply to the Deputy Registrar of the Court.
(3) the privileges and immunities referred to in paragraphs 1 and 2 of this article are
provided by the Secretary-General and his representatives to the Court and not for their personal
benefit, but in order to facilitate the performance of their duties. Only The Court
meeting in plenary is entitled to get rid of the Registrar of the Court and his Deputy
immunity; not only has the right, but an obligation to deprive them of this immunity in
any case where, in his opinion in the way the performance
Justice and unless she can give up without prejudice to the purpose,
for which it was provided.
(4) the Secretary General of the Council of Europe shall be entitled to, with the approval of the President
Get rid of the immunity of other members of the Court, the Registrar, in accordance with the
the provisions of article 19 of the General Agreement and with due regard to the reasons
referred to in paragraph 3.
Article 6
(1) documents and of the Charter of the Tribunal, the judges and the Registrar are
untouchable, if they relate to the work of the Court.
(2) the official correspondence and other official communications of the Court, the judges and the Court of
the Office shall not be detained or subjected to censorship.
Article 7
(1) this Protocol shall be open for signature by the Member States of the Council of Europe,
that are signatories to the General Agreement and which can consent be
bound by the express:
signature without reservation), in respect of ratification, acceptance or approval;
or
b) signature subject to ratification, acceptance or approval, which will be
followed by ratification, acceptance or approval.
(2) instruments of ratification, acceptance or approval shall be deposited
with the Secretary-General of the Council of Europe.
Article 8
(1) this Protocol shall enter into force on the first day of the month following the
the expiration of one month from the date on which three parties
The General Agreement have expressed their consent to be bound by the Protocol in accordance with the
the provisions of article 7 or on the date of entry into force of the Protocol No 11 to the
According to the Convention, whichever is later.
(2) for any contracting party to the General Agreement, which subsequently
signs this Protocol without reservation as to ratification, acceptance or approval,
or that it will ratify, accept or approve, shall enter
This Protocol enters into force after the expiration of one month from the date of signature of the
or save the instruments of ratification, acceptance or approval.
Article 9
(1) any State may, at the time of signature without reservation as to ratification, acceptance or
approval or at any time thereafter, declare in a notification to the
the Secretary-General of the Council of Europe, that this Protocol will apply to
the all-on or any of the territories for whose international relations it bears
responsibility and where the Convention and the protocols thereto.
(2) the Protocol will apply to the territory or territories named in the notice from the
on the 30th day after receipt of such notification by the Secretary-General of the Council
Europe.
(3) any declaration made in accordance with paragraph 1 in respect of
territory referred to in this declaration may be revoked or amended by
by notification to the Secretary-General. Revoke or change the entry in the
into force on the first day of the month following the expiry of a
from the receipt of the notification by the Secretary-General.
Article 10
The Secretary General of the Council of Europe shall notify the Member States of the Council:
and) any signature;
(b) instruments of ratification,) the imposition of instruments of acceptance or approval;
(c)) any date of entry into force of this Protocol in accordance with the
articles 8 and 9;
(d) any other Act), notification or communication relating to this
Protocol.
In witness whereof the undersigned, duly authorised thereto, have signed to do this
Protocol.
Given in Strasbourg on 5 July 2004. in March 1996 in the English and
French languages, both texts being equally authentic, in a single
the original, which will be stored in the archives of the Council of Europe. The Secretary-General of the
The Council of Europe shall transmit certified copies to each Member State of the Council of Europe.