The Sixth Protocol To The Všob. Agreement On The Privileges And Immunities Of The Council Of Europe

Original Language Title: Šestý protokol ke Všob. dohodě o výsadách a imunitách Rady Evropy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46889&nr=242~2F1998~20Sb.&ft=txt

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.