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Resolution Of April 5, 1999, Of The General Technical Secretariat, By Which Public Become The Consolidated Texts Of The Convention For The Protection Of The Rights And Fundamental Freedoms, Done At Rome On 4 November 1950; The...

Original Language Title: Resolución de 5 de abril de 1999, de la Secretaría General Técnica, por la que se hacen públicos los textos refundidos del Convenio para la protección de los derechos y de las libertades fundamentales, hecho en Roma el 4 de noviembre de 1950; el ...

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TEXT

The Council of Europe has produced the following recast texts:

Convention for the Protection of Human Rights and Fundamental Freedoms, made in Rome on 4 November 1950 ("Official State Gazette" number 243 of 10 October 1979), with the amendments introduced by Protocol No 11 on the restructuring of the control mechanisms established by the Convention, done at Strasbourg on 11 May 1994 (Official State Gazette No 152 of 26 June 1998).

Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, made in Paris on 20 March 1952 (Official State Gazette No 11 of 12 January 1991), with the amendments introduced by Protocol No 11 on the restructuring of the control mechanisms established by the Convention, which was made in Strasbourg on 11 May 1994 (Official State Gazette No 152 of 26 June 1998).

Protocol No 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty, made in Strasbourg on 28 April 1983 (Official Journal of the State) 92, of 17 April 1985), with the amendments introduced by Protocol No 11 on the restructuring of the control mechanisms established by the Convention in Strasbourg on 11 May 1994 (Official Journal of the European Communities) Number 152, of 26 June 1998).

For general knowledge, they are published as an annex to this Resolution.

Madrid, April 5, 1999. -Technical Secretary General, Julio Núñez Montesinos.

CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Rome, November 4, 1950.

The signatory governments, members of the Council of Europe,

Considering the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly on December 10, 1948;

Whereas this statement tends to ensure the universal and effective recognition and application of the rights therein enunciated;

Whereas the aim of the Council of Europe is to achieve a closer union among its members, and that one of the means of achieving this aim is the protection and development of human and human rights. fundamental freedoms;

reaffirming their deep adherence to these fundamental freedoms that constitute the very basis of justice and peace in the world, and whose maintenance is essentially based on a truly political regime. democratic, and, on the other hand, in a common conception and respect of the human rights they invoke;

Resolved, as governments of European states animated by the same spirit and in possession of a common heritage of ideals and political traditions, of respect for the freedom and preeminence of the law, to take the first appropriate measures to ensure the collective guarantee of some of the rights set out in the Universal Declaration,

The following have been agreed:

Article 1. Recognition of human rights.

The High Contracting Parties recognize any person under their jurisdiction the rights and freedoms defined in Title I of this Convention.

TITLE I

Rights and freedoms

Article 2. Right to life.

1. Every person's right to life is protected by law. No one shall be deprived of his life intentionally, except in the execution of a sentence that imposes capital punishment handed down by a court to the inmate of a crime for which the law establishes that penalty.

2. Death shall not be deemed to be inflicted with an infringement of this Article where it occurs as a result of a force which is absolutely necessary:

a) In defense of a person against an illegitimate aggression.

b) To detain a person under the law or to prevent the evasion of an inmate or legally detained.

c) To repress, according to law, a revolt or insurrection.

Article 3. Prohibition of torture.

No one may be subjected to torture or inhuman or degrading treatment or punishment.

Article 4. Prohibition of slavery and forced labor.

1. No one can be subjected to slavery or servitude.

2. No one can be constrained to do forced or compulsory labour.

3. It is not considered to be 'forced or compulsory labour' within the meaning of this Article:

(a) Any work normally required of a person deprived of liberty under the conditions laid down in Article 5 of this Convention, or during his probation.

(b) Any military service or, in the case of conscientious objectors in countries where the objection of conscience is recognized as legitimate, any other service substitute for the compulsory military service.

c) Any service required when any emergency or calamity threatens the life or well-being of the community.

d) Any work or service that forms part of the normal civic duties.

Article 5. Right to freedom and security.

1. Everyone has the right to freedom and security. No one can be deprived of his or her freedom, except in the following cases and in accordance with the procedure established by the Law:

(a) If it has been legally punishable under a judgment given by a competent court.

b) If he has been preemptively detained or interned, under law, for disobedience to a court order or to ensure compliance with an obligation established by the Act.

(c) If he has been preemptively detained or admitted, under the law, to appear before the competent judicial authority, where there are reasonable indications that he has committed an offence or where it is deemed necessary to prevent you from committing an offence or to flee after you have committed it.

(d) If this is the detention of a child under a legally agreed order in order to monitor his or her education or detention, in accordance with the law, in order to make him appear before the competent authority.

e) in the case of detention, in accordance with the law, of a person liable to spread a contagious disease, a haenajado, an alcoholic, a drug addict or a vagrant.

(f) Whether it is a preventive detention or detention, under the law, of a person to prevent him from entering the territory illegally or against which an expulsion or extradition procedure is in progress.

2. Any person who has been detained should be informed, in the shortest time and in a language he understands, of the reasons for his detention and any charges against it.

3. Any person who is preemptively detained or admitted under the conditions laid down in paragraph 1 (c) of this Article shall be conducted without delay in the presence of a judge or other authority empowered by law to exercise judicial powers, and have the right to be judged within a reasonable time or to be released during the proceedings. The release can be conditional on a guarantee that will ensure the appearance of the person concerned.

4. Any person deprived of his or her freedom by preventive detention or detention shall have the right to bring an action before a court, in order to give a brief ruling on the legality of his deprivation of liberty and order his/her freedom if it were illegal.

5. Any person who is the victim of a pre-trial detention or detention in conditions contrary to the provisions of this Article shall be entitled to a remedy.

Article 6. Right to a fair process.

1. Any person has the right to have his cause heard equitably, publicly and within a reasonable time, by an independent and impartial tribunal, established by law, which shall decide disputes on his or her rights and obligations of a civil or on the basis of any criminal charges against her. The sentence should be pronounced publicly, but access to the hearing room may be prohibited to the press and the public during all or part of the proceedings in the interest of morality, public order or national security in a democratic society, where the interests of minors or the protection of the private life of the parties in the process so require or to the extent deemed necessary by the court, where in special circumstances advertising may be detrimental to the interests of justice.

2. Any person charged with an offence is presumed innocent until his guilt has been legally declared.

3. Every defendant has at least the following rights:

a) To be informed in the shortest time, in a language that understands and in detail, of the nature and the cause of the accusation against him.

b) To have the time and facilities necessary for the preparation of their defense.

c) To defend himself or to be assisted by a defender of his choice and, if he has no means to pay for it, be able to be assisted free of charge by a lawyer of his own office, when the interests of justice so require.

(d) To interrogate or interrogate the witnesses who declare against him and to obtain the summons and the questioning of the witnesses who declare in their favor under the same conditions as the witnesses who do so against him.

e) To be assisted free of charge by an interpreter, if you do not understand or speak the language used in the hearing.

Article 7. There is no penalty without law.

1. No one may be convicted of an action or omission which, at the time it has been committed, does not constitute an infringement under national or international law. It shall also not be imposed a more serious penalty than the one applicable at the time the infringement has been committed.

2. This Article shall not prevent the trial and punishment of a person guilty of an action or omission which, at the time of his commission, constituted a crime according to the general principles of law recognized by civilized nations.

Article 8. Right to respect for private and family life.

1. Everyone has the right to respect for their private and family life, their domicile and their correspondence.

2. There can be no interference by the public authority in the exercise of this right, but as long as this interference is provided for by law and constitutes a measure which, in a democratic society, is necessary for national security, the public security, the economic well-being of the country, the defense of order and the prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others.

Article 9. Freedom of thought, conscience and religion.

1. Every person has the right to freedom of thought, conscience and religion; this right implies the freedom to change religion or belief, as well as the freedom to manifest his or her own religion or convictions. collectively, in public or in private, through worship, teaching, practices, and observance of rites.

2. The freedom to express their religion or their convictions cannot be subject to more restrictions than those provided for by the law are necessary measures, in a democratic society, for public security, protection of the order, health or public morality, or the protection of the rights or freedoms of others.

Article 10. Freedom of expression.

1. Everyone has the right to freedom of expression. This right includes freedom of opinion and the freedom to receive or to communicate information or ideas, without the possibility of interference by public authorities and without regard to borders. This Article does not prevent the Member States from submitting to the broadcasting, cinematography or television companies a prior authorisation scheme.

2. The exercise of these freedoms, involving duties and responsibilities, may be subject to certain formalities, conditions, restrictions or penalties provided for by the law, which constitute necessary measures, in a democratic society, for the national security, territorial integrity or public security, the defense of order and the prevention of crime, the protection of health or morals, the protection of the reputation or the rights of others, to prevent the disclosure of confidential information or to ensure the authority and impartiality of the judiciary.

Article 11. Freedom of assembly and association.

1. Everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to establish with other trade unions and to join them for the defence of their interests.

2. The exercise of these rights may not be subject to other restrictions than those provided for by the Law, which constitute necessary measures, in a democratic society, for national security, public security, defence of order and prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others. This article does not prohibit the imposition of legitimate restrictions on the exercise of these rights for members of the Armed Forces, the Police or the State Administration.

Article 12. Right to marry.

From the weak age, man and woman have the right to marry and to found a family according to the national laws governing the exercise of this right.

Article 13. Right to an effective remedy.

Any person whose rights and freedoms recognized in this Convention have been violated is entitled to an effective remedy before a national court, even if the violation has been committed by persons acting in the exercise of their official duties.

Article 14. Prohibition of discrimination.

The enjoyment of the rights and freedoms recognized in this Convention must be ensured without distinction, especially for reasons of sex, race, color, language, religion, political or other opinion, national origin or social, membership of a national minority, fortune, birth or any other situation.

Article 15. Repeal in case of a state of emergency.

1. In the event of war or other public danger threatening the life of the nation, any High Contracting Party may take measures to abrogate the obligations under this Convention to the extent required by the situation, and such measures are not in contradiction with the other obligations of international law.

2. The preceding provision does not authorize any derogation from Article 2, except in the case of deaths resulting from lawful acts of war, and Articles 3, 4 (paragraph 1) and 7.

3. Any High Contracting Party exercising this right of derogation shall be fully informed to the Secretary-General of the Council of Europe of the measures taken and of the reasons which have inspired them. It shall also inform the Secretary-General of the Council of Europe of the date on which these measures are no longer in force and the provisions of the Convention shall be fully implemented.

Article 16. Restrictions on the political activity of foreigners.

None of the provisions of Articles 10, 11 and 14 may be interpreted as prohibiting the High Contracting Parties from imposing restrictions on the political activity of foreign nationals.

Article 17. Prohibition of abuse of law.

None of the provisions of this Convention may be interpreted as implying for a State, group or individual, any right to engage in an activity or to perform an act on the the destruction of the rights or freedoms recognised in this Convention or the wider limitations of those rights or freedoms than those provided for in this Convention.

Article 18. Limitation of the application of rights restrictions.

The restrictions which, in the terms of this Convention, are imposed on the aforementioned rights and freedoms may not be applied more than for the purpose for which they have been provided.

TITLE II

European Court of Human Rights

Article 19. Institution of the Court.

In order to ensure compliance with the commitments resulting for the High Contracting Parties to this Convention and its Protocols, a European Court of Human Rights, hereinafter referred to as ' the Court. ' It will work permanently.

Article 20. Number of Judges.

The Court shall consist of a number of Judges equal to that of the High Contracting Parties.

Article 21. Conditions for the exercise of their duties.

1. The Judges shall have the highest moral consideration and meet the conditions required for the exercise of high judicial functions or be jurisconsults of recognized competence.

2. The Judges shall be part of the Court individually.

3. During their term of office, the Judges may not engage in any activity which is incompatible with the requirements of their independence, impartiality or availability necessary for a full-time activity; any question raised in The application of this paragraph shall be addressed by the Tribunal.

Article 22. Election of the Judges.

1. The Judges shall be elected by the Parliamentary Assembly on the basis of each High Contracting Party, by an absolute majority of votes, from a list of three candidates submitted by that High Contracting Party.

2. The same procedure will be followed to complete the Court in the case of accession of new High Contracting Parties and to provide the positions that remain vacant.

Article 23. Duration of the command.

1. The Judges are elected for a term of six years. They are reelectable. However, as regards the judges appointed in the first election, the functions of half of them will be completed after three years.

2. The Judges whose duties are concluded at the end of the initial period of three years shall be appointed by lot by the Secretary-General of the Council of Europe immediately after their election.

3. In order to ensure, as far as possible, the renewal of the functions of one-half of the Judges every three years, the Parliamentary Assembly may decide, before proceeding for a subsequent election, that one or more of the mandates of the Judges to be elected have a duration other than six years, without which it may, however, exceed nine years or be less than three years.

4. In the event of a number of mandates being conferred and the Parliamentary Assembly implementing the preceding paragraph, the allocation of mandates shall be made by drawing up a draw by the Secretary-General of the Council of Europe immediately. after the election.

5. The Judge elected in place of a Judge whose term of office has not expired shall perform his duties until the end of his predecessor's term of office.

6. The judges ' term of office shall end when they reach the age of seventy.

7. The Judges shall remain in office until they are replaced. However, they will continue to be aware of the issues they have already assigned.

Article 24. Revocation.

A Judge may be relieved of his duties only if the other judges decide, by a two-thirds majority, that he has ceased to meet the conditions required to be such.

Article 25. Secretary and Endorsement.

The Tribunal will have a Secretariat whose functions and organization will be established in the Rules of Procedure of the Court. You will be assisted by refrains.

Article 26. Full Court.

The Court, meeting in plenary:

a) You will elect, for a period of three years, your President and one or two Vice-Presidents, who will be reeligible.

b) Constituira Salas for a given period.

c) You will elect the Presidents of the Chambers of the Court, who will be re-eligible.

d) Approve your regulations, and e) You will elect the secretary and one or several assistant secretaries.

Article 27. Committees, Chambers and Grand Chamber.

1. For the examination of the cases referred to it, the Court shall act in committees formed by three Judges or in chambers of seven Judges or in a Grand Chamber of seventeen Judges. The Chambers of the Court shall constitute the Committees for a given period.

2. The Judge elected on behalf of a State party to the dispute shall be a full member of the respective Chamber and of the Grand Chamber; in his absence, or where he is not in a position to intervene, that State shall designate a person acting as a Judge.

3. The President of the Court, the Vice-Presidents, the Presidents of the Chambers and other Judges appointed in accordance with the Rules of Procedure of the Court are also part of the Grand Chamber. Where the case is transferred to the Grand Chamber under Article 43, no Judge of the Chamber who has delivered the judgment may act within it, with the exception of the President of the Chamber and of the Judge who has intervened in representation of the State. party interested.

Article 28. Declaration of inadmissibility by the Committees.

A Committee may, acting unanimously, declare an individual application submitted pursuant to Article 34 inadmissible or remove from the agenda, where such a decision may be adopted without having to carry out a supplementary examination. The resolution will be final.

Article 29. Decisions of the Chambers on the admissibility and substance of the case.

1. If no decision has been taken pursuant to Article 28, the Chamber shall decide on the admissibility and the merits of the individual claims submitted pursuant to Article 34.

2. The Chamber shall decide on the admissibility and the merits of the claims of the States submitted pursuant to Article 33.

3. Unless the Court decides otherwise in exceptional cases, the decision on admissibility is taken separately.

Article 30. Inhibition in favour of the Grand Chamber.

If the case pending before a Chamber raises a serious question concerning the interpretation of the Convention or its protocols, or if the solution given to a question could be contradictory with a judgment given above by the Court, the Chamber may be held in favour of the Grand Chamber, where it has not delivered a judgment, unless one of the parties objects to it.

Article 31. Privileges of the Grand Chamber.

The Grand Room:

(a) It shall decide on the claims submitted pursuant to Article 33 or Article 34, where the case has been raised by the Chamber under Article 30 or where the case has been referred to it under the Article 43.

(b) Examine requests for the issuance of consultative opinions submitted pursuant to Article 47.

Article 32. Jurisdiction of the Court.

1. The jurisdiction of the Court extends to all matters relating to the interpretation and application of the Convention and its protocols which are subject to it under the conditions laid down in Articles 33, 34 and 47.

2. In the event of challenge to the jurisdiction of the Court, the Court shall decide on it.

Article 33. Issues between States.

Any High Contracting Party may submit to the Court any breach of the provisions of the Convention and its protocols which, in its judgment, may be imputed to another High Contracting Party.

Article 34. Individual demands.

The Court may be aware of a complaint filed by any natural person, non-governmental organization or group of individuals deemed to be the victim of a violation, by one of the High Contracting Parties, of the rights recognised in the Convention or its protocols. The High Contracting Parties undertake not to put any obstacle to the effective exercise of this right.

Article 35. Eligibility conditions.

1. The Court may not use itself but after exhausting the means of internal resources as defined in accordance with the principles of international law generally recognised and within six months of the date of the internal decision definitive.

2. The Court shall not accept any individual application filed pursuant to Article 34, where:

a) Be anonymous, or

b) Be essentially the same as a claim previously examined by the Court or already submitted to another international investigation or settlement instance, and do not contain any new facts.

3. The Court shall consider inadmissible any individual application submitted pursuant to Article 34 where it considers it incompatible with the provisions of the Convention or its protocols, manifestly ill-founded or abusive.

4. The Court shall reject any application it considers inadmissible pursuant to this Article. It may be decided at any stage of the procedure.

Article 36. Third-party intervention.

1. In any case arising in a Chamber or in the Grand Chamber, the High Contracting Party whose nationality is a claimant shall have the right to submit written observations and to participate in the hearing.

2. In the interest of the good administration of justice, the President of the Court may invite any High Contracting Party not party to the case or any interested person other than the applicant to submit observations by or to participate in the view.

Article 37. Cancellation.

1. At any time in the proceedings, the Court may decide to cancel a demand for the entry register where the circumstances permit verification:

a) That the plaintiff is no longer willing to maintain it;

b) That the litigation has already been resolved, or

c) That, for any other reason verified by the Court, the continuation of the examination of the claim is no longer justified.

However, the Court will pursue the examination of the claim if it is required by respect for human rights guaranteed by the Convention and its protocols.

2. The Court may decide that the procedure shall be re-entered in the entry register where it considers that the circumstances so warrant.

Article 38. Adversarial examination of the subject and amicable settlement procedure.

1. If the Court declares a claim admissible:

(a) It shall proceed to the adversarial examination of the case with the representatives of the parties and, if appropriate, to an inquiry, in order for the effective implementation of the States concerned to provide all the necessary facilities.

(b) It shall be made available to interested parties in order to arrive at a friendly settlement of the case, drawing inspiration for this in respect of human rights as recognised by the Convention and its protocols.

2. The procedure referred to in paragraph 1 (b) shall be confidential.

Article 39. Conclusion of a friendly fix.

In the case of an amicable settlement, the Court will cancel the matter of the entry record by a resolution that will be limited to a brief statement of the facts and the solution adopted.

Article 40. Public view and access to documents.

1. The view is public, unless the Court decides otherwise for exceptional circumstances.

2. Documents deposited with the Secretariat shall be accessible to the public, unless the President of the Court decides otherwise.

Article 41. Equitable arrangement.

If the Court finds that there has been violation of the Convention or its protocols and if the domestic law of the High Contracting Party only imperfectly permits to repair the consequences of such violation, the Tribunal grant the injured party, if appropriate, an equitable satisfaction.

Article 42. Judgments of the Chambers.

The judgments of the Chambers shall be final, in accordance with the provisions of Article 44, paragraph 2.

Article 43. Referral to the Grand Chamber.

1. Within three months of the date of the judgment of a Chamber, any party to the case may, in exceptional cases, request the referral of the case to the Grand Chamber.

2. A college of five judges in the Grand Chamber shall accept the application if the case raises a serious question concerning the interpretation or application of the Convention or its protocols or a serious question of a general nature.

3. If the college accepts the complaint, the Grand Chamber will decide on the case by judgment.

Article 44. Definitive statements.

1. The sentence of the Grand Chamber will be final.

2. The sentence of a Chamber shall be final when:

(a) The parties declare that they will not request the referral of the case to the Grand Chamber;

b) The referral of the case to the Grand Chamber has not been requested three months after the date of the judgment, or

(c) The College of the Grand Chamber rejects the request for referral made pursuant to Article 43.

3. The final judgment will be made public.

Article 45. Statement of reasons for judgments and decisions.

1. The judgments, as well as the decisions by which the claims are declared admissible or inadmissible, shall be reasoned.

2. If the judgment does not express in whole or in part the unanimous opinion of the Judges, any judge shall have the right to join the judgment separately.

Article 46. Mandatory force and execution of statements.

1. The High Contracting Parties undertake to comply with the Court's final judgments in disputes in which they are parties.

2. The final judgment of the Court shall be forwarded to the Committee of Ministers, which shall ensure its implementation.

Article 47. Advisory opinions.

1. The Court may issue advisory opinions, at the request of the Committee of Ministers, on legal matters relating to the interpretation of the Convention and its Protocols.

2. Such opinions may not relate to matters which relate to the content or extent of the rights and freedoms defined in Title I of the Convention and its Protocols or to the other matters of which the Court or the Committee Ministers may be aware of the outcome of the submission of an appeal provided for by the Convention.

3. The decision of the Committee of Ministers to request an opinion from the Court shall be adopted by majority vote of the representatives who have the right to intervene in the Committee.

Article 48. Consultative competence of the Court.

The Court shall decide whether the request for a consultative opinion submitted by the Committee of Ministers is within its competence, as defined in Article 47.

Article 49. Motivation of the consultative opinions.

1. The opinion of the Court shall be reasoned.

2. If the opinion does not express in whole or in part the unanimous opinion of the judges, every judge shall have the right to join them separately.

3. The opinion of the Court shall be communicated to the Committee of Ministers.

Article 50. Operating costs of the Court.

The operating costs of the Court shall be borne by the Council of Europe.

Article 51. Privileges and immunities of the Judges.

The Judges shall, during the performance of their duties, enjoy the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements concluded under that Article.

TITLE III

Miscellaneous Provisions

Article 52. Inquiries by the Secretary-General.

At the request of the Secretary-General of the Council of Europe, any High Contracting Party shall provide the relevant explanations on the manner in which its domestic law ensures the effective implementation of any provisions of this Convention.

Article 53. Protection of recognised human rights.

None of the provisions of this Convention shall be construed as limiting or prejudicing those human rights and fundamental freedoms which may be recognized under the laws of any High Party. A Contracting Party or any other Convention in which it is a party.

Article 54. Powers of the Committee of Ministers.

None of the provisions of this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.

Article 55. Waiver of other dispute resolution modes.

The High Contracting Parties hereby waive, except for special commitment, the prevailing of the treaties, conventions or declarations which exist between them, in order to subject, by way of demand, a difference arising from the interpretation or application of this Convention to a solution procedure other than those provided for in this Convention.

Article 56. Territorial application.

1. Any State may, at the time of ratification or after ratification, declare, in notification addressed to the Secretary-General of the Council of Europe, that this Convention shall apply, without prejudice to the provisions of paragraph 4. of this Article, to all territories or to some of the territories for whose international relations it is responsible.

2. The Convention shall apply to the territory or territories designated in the notification from the 30th day following the date on which the Secretary-General of the Council of Europe has received this notification.

3. In those territories, the provisions of this Convention shall apply in the light of local needs.

4. Any State which has made a declaration in accordance with the first paragraph of this Article may, at any time thereafter, declare that it accepts in respect of one or more of the territories in question the jurisdiction of the Court to hear of the claims of natural persons, non-governmental organisations or groups of individuals, as provided for in Article 34 of the Convention.

Article 57. Reservations.

1. Any State may, at the time of signature of this Convention or the deposit of its instrument of ratification, make a reservation for a particular provision of the Convention in so far as a law in force in its territory is in force. Disagreement with this provision. This article does not authorize general reservations.

2. Any reservation made pursuant to this Article shall be accompanied by a brief statement of the Law in question.

Article 58. Complaint.

1. A High Contracting Party may denounce this Convention only at the end of a period of five years from the date of entry into force of the Convention for that Party, and by a notice of six months given in a notification addressed to the Secretary-General of the Council of Europe, who shall inform the other Contracting Parties.

2. Such denunciation may not have the effect of disengaging the High Contracting Party concerned from the obligations contained in this Convention in respect of any event which may constitute a breach of these obligations, has been carried out by that Party prior to the date on which the complaint takes effect.

3. Under the same reservation, any High Contracting Party which ceases to be a member of the Council of Europe shall cease to be a party to this Convention.

4. The Convention may be denounced in accordance with the foregoing paragraphs in respect of any territory in which it has been declared applicable in the terms of Article 56.

Article 59. Signature and ratification.

1. This Convention is open to the signature of the members of the Council of Europe. It will be ratified.

Ratifications will be deposited with the Secretary-General of the Council of Europe.

2. This Convention shall enter into force after the deposit of ten instruments of ratification.

3. The Convention shall enter into force at the time of the deposit of the instrument of ratification for any signatory which shall subsequently ratify it.

4. The Secretary-General of the Council of Europe shall notify all members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties which have ratified it, and the deposit of any instrument of ratification that was subsequently performed.

Made in Rome on November 4, 1950, in French and English, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to all signatories.

ADDITIONAL PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Paris, March 20, 1952.

The signatory governments, members of the Council of Europe, resolved to take appropriate measures to ensure the collective guarantee of rights and freedoms other than those already listed in Title I of the Convention for Protection of human rights and fundamental freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as the "Convention"). ,

The following have been agreed:

Article 1. Protection of the property.

Every natural or moral person has the right to respect for his property. No one shall be deprived of his property more than because of public utility and under the conditions laid down by the Law and the general principles of international law.

The foregoing provisions are without prejudice to the right of States to bring into force the laws they deem necessary for the regulation of the use of goods in the general interest or for to ensure payment of taxes or other contributions or fines.

Article 2. Right to instruction.

No one can be denied the right to instruction.

The State, in the exercise of the functions it takes in the field of education and teaching, will respect the right of parents to ensure this education and this teaching according to their religious and philosophical convictions.

Article 3. Right to free elections.

The High Contracting Parties undertake to organize, at reasonable intervals, free elections with secret scrutiny, under conditions that guarantee the free expression of the opinion of the people in the election of the body. legislative.

Article 4. Territorial application.

Any High Contracting Party may, at the time of signature or ratification of this Protocol or at any later time, submit to the Secretary-General of the Council of Europe a statement indicating the extent to which the (a) which undertakes that the provisions of this Protocol shall apply to the territories designated in that declaration and whose international relations are responsible.

Any High Contracting Party which has submitted a declaration under the preceding paragraph may, on a regular basis, submit a new statement amending the terms of any previous statement or ending the application of this Protocol in any territory.

A statement made in accordance with this Article shall be considered as having been made in accordance with paragraph 1 of Article 56 of the Convention.

Article 5. Relations with the Convention.

The High Contracting Parties consider Articles 1, 2, 3 and 4 of this Protocol as additional articles to the Convention, and all provisions of the Convention shall apply accordingly.

Article 6. Signature and ratification.

This Protocol is open to the signature of the members of the Council of Europe, signatories to the Convention; it shall be ratified at the same time as the Convention or after the Convention's ratification. It will enter into force after the deposit of ten instruments of ratification. The Protocol shall enter into force at the time of the deposit of the instrument of ratification for any signatory which shall subsequently ratify it.

The instruments of ratification will be deposited with the Secretary General of the Council of Europe, who will notify all members of the names of those who have ratified it.

Made in Paris on March 20, 1952, in French and English, both texts being equally authentic, in a single copy, to be deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory governments.

PROTOCOL NUMBER 6 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Concerning the abolition of the death penalty

Strasbourg, 28 April 1983.

The Member States of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter: 'the Convention'); whereas developments in several Member States of the Council of Europe express a general trend towards the abolition of the death penalty,

They come in the following:

Article 1. Abolition of the death penalty.

The death penalty is abolished. No one can be sentenced to such a sentence or executed.

Article 2. Death penalty in time of war.

A State may provide in its legislation the death penalty for acts committed in time of war or imminent danger of war; such penalty shall only apply in the cases provided for by such legislation and in accordance with the disposed in the same. That State shall communicate to the Secretary-General of the Council of Europe the relevant provisions of the legislation in question.

Article 3. Prohibition of derogations.

No derogation from the provisions of this Protocol shall be permitted by invoking Article 15 of the Convention.

Article 4. Ban on reservations.

No reservation shall be made to the provisions of this Protocol pursuant to Article 57 of the Convention.

Article 5. Territorial application.

1. Any State, at the time of signature or deposit of its instrument of ratification, acceptance or approval, may designate the territory or territories to which this Protocol applies.

2. Any State may-at any other time thereafter and by a declaration addressed to the Secretary-General of the Council of Europe extend the application of this Protocol to any other territory designated in the declaration. The Protocol shall enter into force on that territory on the first day of the month following the date of receipt of the declaration by the Secretary-General.

3. Any declaration made under the preceding two paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the date of receipt of the notification by the Secretary-General.

Article 6. Relations with the Convention.

States Parties consider Articles 1 to 5 of this Protocol as additional articles to the Convention, and all provisions of the Convention shall apply accordingly.

Article 7. Signature and ratification.

This Protocol shall be opened for signature by the Member States of the Council of Europe signatories to the Convention. It shall be subject to ratification, acceptance or approval. A Member State of the Council of Europe shall not ratify, accept or approve this Protocol without having ratified the Convention simultaneously or earlier. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.

Article 8. Entry into force.

1. This Protocol shall enter into force on the first day of the month following the date on which five Member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of the Article 7.

2. For any Member State which subsequently expresses its consent to be bound by the Protocol, it shall enter into force on the first day of the month following the date of deposit of the instrument of ratification, acceptance or approval.

Article 9. Functions of the depositary.

The Secretary-General of the Council of Europe will notify the Member States of the Council:

a) Any signature.

b) The deposit of any instrument of ratification, acceptance or approval.

(c) Any date of entry into force of this Protocol in accordance with Articles 5 and 8 thereof.

(d) Any other act, notification or communication concerning this Protocol.

In faith of which the undersigned, duly authorized for this purpose, sign this Protocol.

In Strasbourg on 28 April 1983, in French and in English, the two texts were 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 a copy of the same certified in accordance with each of the Member States of the Council of Europe.