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Of The European Agreement Concerning The Persons Participating In The Proceedings Of The European Court Of Human Rights In The

Original Language Title: Par Eiropas līgumu par personām, kas piedalās Eiropas Cilvēktiesību tiesas procesā

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The Saeima has adopted and the President promulgated the following laws: on the European Treaty on persons participating in proceedings of the European Court of human rights in article 1. 5 March 1996 in the European Treaty on persons participating in proceedings of the European Court of human rights (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The Republic of Latvia made the following statement: the iztulkojoš it does not apply to the contract article 4, paragraph 1, point "a" to the people in prisons or places recognized in accordance with the practice of the European Court of human rights. 3. article. The Republic of Latvia made the following statement: the iztulkojoš it does not apply to the contract article 4, paragraph 2, point "a" to the citizens of the Republic of Latvia, non-citizens and stateless persons permanently resident in Latvia. 4. article. The agreement shall enter into force on its article 8, paragraph 2 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The law shall enter into force on the day following its promulgation. With the law put a contract in English and its translation into Latvian language. The law adopted by the Parliament of 22 June 2006. State v. President Vaira Vīķe-Freiberga in Riga, July 4, 2006 in the European Treaty Series No. 161 EUROPEAN AGREEMENT RELATING TO PERSONS PARTICIPATING IN proceedings OF the EUROPEAN Court OF HUMAN rights Strasbourg, 5. Iii. 1996 the member States of the Council of Europe, Having regard to the heret signator, to the Convention for the Protection of Human rights and Fundamental Freedom, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"); Recalling the European Agreement relating to persons Participating in proceedings of the European Commission and Court of Human Rights, signed at London on 6 May 1969; Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention "), which establish a permanent European Court of Human Rights (hereinafter referred to as" the Court ") to replace the European Commission and Court of Human rights; Considering, in the light of this development, that it is advisabl for the better fulfilmen of the purpose of the Convention that persons taking part in proceedings before the Court be accorded certain immunit and facilities by a new agreement, the European Agreement relating to persons Participating in proceedings of the European Court of Human Rights (hereinafter referred to as "this agreement") , Have agreed as follows: article 1 1 the person to whom this agreement applies to: (a) any person is taking part in proceedings instituted before the Court as parties, their representatives and adviser; (b) witness and experts called upon by the Court and other persons invited by the President of the Court to take part in the proceedings. 2 For the purpose of this agreement, the term "Court" shall include committees, Chambers, a panel of the Grand Chamber, the Grand Chamber and the judge. The term "taking part in the proceedings" shall include making communications with a view to (a) the complaint against a State Party to the Convention. 3 If in the course of the exercise by the Committee of Minister of its functions under article 46, paragraph 2, of the Convention, any person mentioned in paragraph 1 above is called upon to appear before, or to submit written statements to the Committee of Minister, the provision of this Agreement shall apply in the relations to him. Article 2 1 the persons referred to in paragraph 1 of article 1 of this Agreement shall have immunity from legal process in respect of oral or written statements made, or documents or other evidence submitted by them before or to the Court. 2 this immunity does not apply to communications outside the Court of any such statements, documents or evidence submitted to the Court. Article 3 1 the Contracting Parties shall respect the right of the persons referred to in paragraph 1 of article 1 of this agreement to correspond freely with the Court. 2 As regards persons under detention, the exercise of this right shall in particular imply that: (a) their Office shall be despatched and delivered correspondenc without delay and without alteration of the undu; (b) such persons shall not be subject to disciplinary measure in any form on account of any communication sent through the proper channels to the Court; (c) such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regards to an application to the Court, or any proceedings resulting therefrom. 3 In application of the preceding paragraph, there shall be a public authority from interference by using a such as ISA in accordanc with the law and is not in a democratic society cessary in the interests of national security, for the detection or prosecution of a criminal offenc or for the protection of health. Article 4 1 a the Contracting Parties not to hinder the undertak free movement and travel, for the purpose of attending and returning from proceedings before the Court, of persons referred to in paragraph 1 of article 1 of this agreement. (b) shall be placed on the restriction Of their movement and travel other than such as are in accordanc with the law and in a democratic society cessary not in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or moral, or for the protection of the rights and freedom of others. Such a person shall not (a) 2, in the countries of transit and in the country where the proceedings take place, be prosecuted or detained or subjected to any other restriction of be their personal liberty in respect of acts or convictions prior to the commencemen of the journey. (b) Any Contracting Party may, at the time of signature, ratification, acceptance or approval of this agreement, declare that the provision of this paragraph will not apply to its own nationals. Such a declaration may be withdrawn at any time by means of a notification addressed to the Secretary General of the Council of Europe. 3 the Contracting Parties to readmi on his undertak return to their territory any such person who commenced his journey in the said territory. 4 the provision of paragraphs 1 and 2 of this article shall cease to apply when the person concerned has had, for a period of fifteen consecutive days from the date when his presence is no longer required by the Court, the opportunity of returning to the country from which his journey commenced. 5 where there is any conflict between the obligation of a Contracting Party resulting from paragraph 2 of this article and those resulting from a Council of Europe convention or from an extradition treaty or other treaty concerning mutual assistance in criminal matters with other Contracting Parties, the provision of paragraph 2 of this article shall prevails. Article 5 1 and the Immunit facilities accorded to the persons referred to in paragraph 1 of article 1 of this Agreement solely in order to ensur for them the freedom of speech and the independence not cessary for the discharge of their functions, tasks or duties, or the exercise of their rights in relations to the Court. (2) (a) the Court shall be competent to waiv alone, in whole or in part, the immunity provided for in paragraph 1 of article 2 of this agreement; It has not only the right but the duty of the immunity in any case waiv where, in its opinion, such immunity would imped the course of Justice and waiver in whole or in part would not prejudice the purpose defined in paragraph 1 of this article. (b) may be waived by the immunity the Court, either ex officio or at the request of any Contracting Party or of any person concerned. (c) Decision of waiving immunity or refusing the waiver shall be accompanied by a statement of reasons. 3 If (a) the Contracting Party certif that waiver of the immunity provided for in paragraph 1 of article 2 of this agreement is cessary for the purpose not of proceedings in respect of an offenc against national security, the Court shall waiv-immunity to the exten to specified in the certificate. 4 In the event of the discovery of a fact which might, by its nature, have a decisiv influence and which at the time of the decision refusing waiver of immunity was unknown to the author of the request, the latter may make a new request to the Court. Article 6 Nothing in this Agreement shall be construed as limiting or derogating from any of the obligation is 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 as to 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 shall 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 accordanc with the provision of article 7 or on the date of entry into force of Protocol No. 11 to the Convention, whichever is the later. 2 In respect of any member State which subsequently express their consent to it be bound by it, 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 of such signature or of the deposit of the instrument of ratification, acceptance or approval. Article 9 1 Any Contracting State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this agreement to any territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 2 this Agreement shall enter into force for any territory or territories specified in a declaration made pursuan to 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 to paragraph 1 thereof, pursuan may in respect of any territory mentioned in such declaration, be withdrawn according to the procedure down for denunciation placed in article 10 of this agreement. Article 10 1 this Agreement shall remain in force indefinitely. 2 Any Contracting Party may, insofar as it is concerned, denounc this agreement by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Such denunciation shall not have the effect of the Contracting Parties concerned releasings from any obligation which may have arisen under this agreement to any person referred to in relations in paragraph 1 of article 1 article 11 the Secretary General of the Council of Europe shall notify the member States of the Council of: a any signature; (b) the deposit of any instrument of ratification, acceptance or approval; (c) any date of entry into force of this agreement in accordanc with articles 8 and 9 thereof; (d) any other Act, notification or communication relating to this agreement. In witness whereof the undersigned, being duly authorised, have signed theret this agreement. Done at Strasbourg, this 5th day of March 1996, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe.

The Council of Europe European treaties no 161 European Agreement concerning persons who participate in the PROCESĀ1 of the European Court of human rights Strasbourg, 5 March 1996, the contract signed in the Member States of the Council of Europe, taking into account the 1950s November 4 in Rome, signed the human rights and fundamental freedoms (hereinafter referred to as the Convention); raised in memory of 6 May 1969 in London signed the European Agreement concerning the persons participating in the Commission on human rights and the European Court of human rights; take account of 11 May 1994 in Strasbourg Convention signed 11. Protocol, which restructures the Convention control mechanism (hereinafter Convention 11. Protocol) by which the European Commission of human rights and the human rights court will be established, permanent European Court of human rights (the Court); noticing this in the light of that development, to more fully achieve the objectives of the Convention, persons participating in proceedings of the European Court of human rights, it is recommended that you assign specific immunity and with the new Treaty, the European Agreement concerning the persons participating in the proceedings of the European Court of human rights (hereinafter the agreement), have agreed as follows: article 1 1. Persons to whom this agreement applies shall be: (a) any person, other than the parties participating in the process that suggested to the European Court of human rights, the representatives of those persons and consultants; b. Court guest witnesses and experts, as well as other persons invited by the President of the Court to participate in the process. 2. In this agreement, the expression "Court" includes the Committee of the House, the great Court's Panel of judges, the High Court and the judges. The term "collaborative process" includes the communication due to the complaint against the State party. 3. If the Committee of Ministers, exercising its functions in accordance with article 46 of the Convention, be invited to any of the persons referred to in point to appear personally or to provide for the Committee of Ministers to written statements, that person is subject to this agreement. 2. Article 1 of this agreement article 1 in paragraph 1, the said persons are immune from legal process in relation to oral or written statement or to provide documents or other evidence to the Court. 2. This immunity does not apply to any such court to give a statement, document or the dissemination of evidence out of court. 3. in article 1 the Contracting Parties shall respect article 1 of this agreement referred to in paragraph 1 the person the right to communicate freely with the Court. 2. In the case of persons in detention, the implementation of these rights in particular must ensure that: a. the correspondence is sent to that person and delivered without undue delay and without transformation; b. against these persons does not is facing any disciplinary measures in connection with the transmission of any information to the Court in an appropriate manner; (c) the following persons shall have the right in the context of the application to the Court or any such applications the following process to communicate and without other people hearing to consult with a lawyer, qualified permission to act as a representative in the Court of the State in which the person is kept in detention. 3. the national authorities must not prevent the application of paragraph 1 above, except in cases provided for by law and are necessary in a democratic society to protect national security interests, uncovering criminal offences and prosecutions initiated in connection with them or to protect health.  4. Article 1 (a). the Contracting Parties undertake not to put obstacles to the Treaty's article 1, paragraph 1 of the free movement of persons and for the purpose of travel to attend the trial or return from it. (b) The movement of persons and travel should not be subject to any restrictions except those restrictions provided for by law and are necessary in a democratic society in the interests of the State and the interests of public security, maintain public order, prevention of criminal offences, the protection of health or morals, or other people's rights and freedoms. 2. a. such persons in transit or in the State where the proceedings cannot be accused or detained, or subjected to any other restriction of personal liberty in respect of the offence or conviction that occurred before the beginning of the trip. (b) any contracting party to this agreement, the signing of the instrument of ratification, acceptance or approval of the moment can declare that the provisions of this paragraph will not apply to nationals of that State. Such notification may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe. 3. the Contracting Parties undertake to authorize in their territory the return to any such person who embarked on its journey from the given territory. 4. the following article 1 and 2 of rule no longer applies in cases where the person concerned does not stop within 15 consecutive days during the period from the time when its presence is no longer required for the purposes of the Court, have been able to return to the country from which it launched its travel. 5. If there is any contradiction between the Contracting Parties of the obligations arising from that article 2 point, and the obligations arising from the conventions of the Council of Europe or of the contract entered into with the other Contracting Party of issue or on the mutual cooperation in criminal matters shall apply paragraph 2 of this article. 5. Article 1 of this agreement article 1 persons referred to in paragraph are granted immunity and features exclusively to ensure these people freedom of speech and the independence necessary for their functions, tasks or duties or their rights in court. 2. a. And only one is competent Cancel in whole or in part in article 2 establishes immunity; It is not only the right but also the obligation to cancel the immunity in any case where in its view such immunity will interfere with the progress of the proceedings and the full or partial immunity waiver deprived not to reach this point in the article targets. (b) the Court may cancel the immunity either ex Office, or of any one or any of the request of the person concerned. c. decision repealing immunity or refused a request to cancel the immunity, add the following list of reasons. 3. If a contracting party certifies that this Treaty article 2, paragraph 1 in specific immunity is necessary due to the process of an offence against national security, court annuls immunity to the extent specified in the certificate. 4. in the event that reveals the fact that by its nature is crucial and that the applicant was not known at the moment when the decision to reject a request to cancel the immunity, he may submit a new request to the Court. Article 6 nothing in this agreement may not be interpreted as a restriction or derogation from any of the obligations assumed by the Contracting Parties to the Convention and its protocols. 7. Article 1 of this Treaty is open for signature by Council of Europe Member States, which may express their consent to be bound by this agreement: (a) signature without reservation in respect of ratification, acceptance or approval; or (b) signature with reservation in respect of ratification or approval, followed by ratification, or approval. 2. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe. 8. Article 1 this Agreement shall enter into force on the first day of the month following that in which the period of one month from the date on which ten Member States of the Council of Europe in accordance with the provisions of article 7, have expressed their consent to be bound by this agreement, or the date of entry into force of Protocol No 11 of the Convention, namely, that of these dates, whichever comes later. 2. In respect of any Member State which subsequently expresses its consent to be bound by this agreement, it shall enter into force on the first day of the month following that in which the period of one month from the date of the end of its signature this agreement or when it is deposited with the instrument of ratification, acceptance or approval. 9. Article 1 of this agreement any Member State at the time when the deposit of its instrument of ratification, acceptance or approval, or at any later time by European Declaration addressed to the Secretary General of the Council to extend the application of this agreement in respect of any territory specified in the Declaration or the territories for the international relations of which that State is responsible. 2. in any territory or territories specified in the Declaration referred to in paragraph 1, this Agreement shall enter into force on the first day of the month following the one-month period from the date on which the Secretary-General has received the following statement. 3. any declaration made pursuant to paragraph 1 may, in respect of the territory mentioned in such declaration, be withdrawn, subject to the agreement set out in article 10 denunciation procedure. 10. Article 1. This contract is in force for an indefinite period. 2. Any Contracting Party may, in so far as it is concerned, denounce this agreement by notification addressed to the Secretary General of the Council of Europe. 3. Such denunciation shall take effect six months after the date on which the Secretary-General received the following announcement. Such denunciation shall not relieve the contracting parties concerned from any of its obligations under this agreement may be incurred against any article 1, paragraph 1 of the said person. Article 11 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe of: a. any signature; b. for each instrument of ratification, acceptance or approval of the transfer to storage; c. this agreement each date of entry into force in accordance with article 8 and 9; (d) any other document, notification or communication relating to this agreement. In witness whereof the undersigned, being duly authorized, have signed this agreement. Signed in Strasbourg, on 5 March 1996, English and French languages, both texts being equally authentic, in a single copy, stored in the archives of the Council of Europe. The Secretary General of the Council of Europe send certified copies to each Member State of the Council of Europe. _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 1 translation made by the Council of Europe information centre. The use of translation is matched by the information centre of the Council of Europe.