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RS 0.101.09 Protocol no 11 of 11 May 1994 to the Convention for the Protection of Human Rights and Fundamental Freedoms restructuring the control mechanism established by the Convention

Original Language Title: RS 0.101.09 Protocole no 11 du 11 mai 1994 à la convention de sauvegarde des Droits de l’Homme et des Libertés fondamentales portant restructuration du mécanisme de contrôle établie par la Convention

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0.101.09

Original text

Protocol n O 11

The Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control mechanism established by the Convention

Conclu in Strasbourg on 11 May 1994
Approved by the Federal Assembly on June 12, 1995 1
Instrument of ratification deposited by Switzerland on 13 July 1995
Entry into force for Switzerland on 1 Er November 1998

(State 15 August 2006)

The member states of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms 2 , signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention"),

Considering the urgent need to restructure the control mechanism established by the Convention in order to maintain and enhance the effectiveness of the protection of human rights and fundamental freedoms provided for by the Convention, Mainly due to the increase in requests and the increasing number of Council of Europe members,

Considering that it is therefore appropriate to amend certain provisions of the Convention with a view, in particular, to replace the existing Commission and the European Court of Human Rights with a new Permanent Court,

In view of Resolution No. O 1 adopted at the European Ministerial Conference on Human Rights, held in Vienna on 19 and 20 March 1985,

In view of Recommendation 1194 (1992), adopted by the Parliamentary Assembly of the Council of Europe on 6 October 1992,

In view of the decision on the reform of the control mechanism of the Convention by the Heads of State and Government of the member states of the Council of Europe in the Vienna Declaration of 9 October 1993,

Have agreed as follows:

Art. 1

The text of Titles II to IV of the Convention 1 (art. 19-56) and Protocol No. O 2 conferring on the European Court of Human Rights the competence to give advisory opinions 2 Are replaced by the following Title II of the Convention (Art. 19-51):

Part II

...

Art. 19-51

...


1 The following amendments are inserted in the said Convention.
2 [RO 1974 2175]

Art. 2

1. Title V of the Convention becomes Title III of the Convention; Art. 57 of the Convention becomes art. 52 of the Convention; art. 58 and 59 of the Convention are deleted, and art. 60 to 66 of the Convention become respectively the art. 53-59 of the Convention.

2. Title I of the Convention is entitled "Rights and freedoms" and the new Title III "Miscellaneous provisions". The headings set out in the Annex to this Protocol have been assigned to Art. 1 to 18 and new art. 52-59 of the Convention.

3. In the new art. 56, para. 1, insert the words " , subject to subs. 4 of this Article, " After the word " Will apply "; at para. 4, the words " Commission " And " Pursuant to s. 25 of this Convention " Are replaced by the words " Court " And " , as provided for in s. 34 of the Convention ". In the new art. 58, para. 4, the words " Art. 63 " Are replaced by the words " Art. 56 ".

4. The Additional Protocol 1 The Convention shall be amended as follows:

(a)
The articles shall be presented with the headings listed in the Annex to this Protocol; and
(b)
Art. 4, last sentence, the words " Of Art. 63 " Are replaced by the words " Of Art. 56 ".

5. Protocol No. O 4 2 Is amended as follows:

(a)
Articles shall be submitted with the headings listed in the Annex to this Protocol;
(b)
Art. 5, para. 3, the words " Of Art. 63 " Are replaced by the words " Of Art. 56 "; a new one. 5 adds and reads as follows:
" Any State which has made a declaration in accordance with paragraph 1. 1 or 2 of this article may, at any time thereafter, declare in respect of one or more of the territories referred to in that declaration that it accepts the jurisdiction of the Court to hear requests from natural persons, organizations Non-government or groups of individuals, as provided for in s. 34 of the Convention, under Art. 1 to 4 of this Protocol or of some of them. "; and
(c)
On par. 2 of the art. 6 is deleted.

6. Protocol No. O 6 3 Is amended as follows:

(a)
The articles shall be presented with the headings listed in the Annex to this Protocol; and
(b)
Art. 4, the words " Pursuant to s. 64 " Are replaced by the words " Pursuant to s. 57 ".

7. Protocol No. O 7 4 Is amended as follows:

(a)
Articles shall be submitted with the headings listed in the Annex to this Protocol;
(b)
Art. 6, para. 4, the words " Of Art. 63 " Are replaced by the words " Of Art. 56 "; a new one. 6 is added and reads as follows:
...
(c)
On par. 2 of the art. 7 is deleted.

8. Protocol No. O 9 5 Is repealed.


1 Switzerland has not acceded to this protocol.
2 Switzerland has not acceded to this protocol.
3 RS 0.101.06 The amendments mentioned below are inserted in the said Convention.
4 RS 0.101.07 The amendments mentioned below shall be inserted in the said Protocol.
5 [RO 1995 3950]

Art. 3

1. This Protocol shall be open for signature by the member States of the Council of Europe which are signatories to the Convention, who may express their consent to be bound by

(a)
Signature without reservation of 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.

Art. 4

This Protocol shall enter into force on the first day of the month following the expiration of a period of one year after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with Provisions of s. 3. The election of the new judges may be made, and any other measures necessary for the establishment of the new Court may be taken, in accordance with the provisions of this Protocol, from the date on which all Parties to the The Convention will have expressed their consent to be bound by the Protocol.

Art. 5

1. Without prejudice to the provisions of s. 3 and 4 below, the terms of office of the judges, members of the Commission, the Registrar and the Deputy Registrar shall expire on the date of entry into force of this Protocol.

(2) Applications pending before the Commission which have not yet been declared admissible on the date of entry into force of this Protocol shall be examined by the Court in accordance with the provisions of this Protocol.

3. Applications declared admissible on the date of entry into force of this Protocol shall continue to be dealt with by the members of the Commission within one year. All cases not completed during this period shall be transmitted to the Court, which shall examine them, as admissible applications, in accordance with the provisions of this Protocol.

4. For requests for which the Commission, after the entry into force of this Protocol, has adopted a report in accordance with the former Art. 31 of the Convention, the report shall be transmitted to the parties who are not entitled to publish it. In accordance with the provisions applicable before the entry into force of this Protocol, a case may be referred to the Court. The College of the Grand Chamber shall determine whether one of the Chambers or the Grand Chamber shall rule on the case. If a Chamber decides on the case, its decision is final. Cases not referred to the Court shall be examined by the Committee of Ministers acting in accordance with the provisions of the former Art. 32 of the Convention 1 .

5. Cases pending before the Court whose examination has not yet been completed on the date of entry into force of this Protocol shall be transmitted to the Grand Chamber of the Court, which shall decide on the matter in accordance with the provisions of that Protocol.

6. Cases pending before the Committee of Ministers, the examination of which under the old art. 32 is not yet completed on the date of entry into force of this Protocol shall be settled by the Committee of Ministers acting in accordance with this Article.


1 RO 1974 2151

Art. 6

Where a High Contracting Party has recognized the jurisdiction of the Commission or the court of the Court by the declaration provided for in the former Art. 25 or former art. 46 of the Convention 1 , only for subsequent cases, or based on subsequent facts, to that declaration, that restriction shall continue to apply to the jurisdiction of the Court under this Protocol.


1 RO 1974 2151

Art. 7

The Secretary General of the Council of Europe shall notify the member states of the Council

(a)
Any signature;
(b)
Deposit of any instrument of ratification, acceptance or approval;
(c)
The date of entry into force of this Protocol or of some of its provisions in accordance with Art. 4; and
(d)
Any other act, notification or communication relating to this Protocol.

In witness whereof , the undersigned, duly authorized to that effect, have signed this Protocol.

Done at Strasbourg, on 11 May 1994, 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 copies to each member state of the Council of Europe.

(Suivent signatures)

Annex

Entitled articles to be inserted in the text of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols 1

Art. 1

Obligation to respect human rights

Art. 2

Right to life

Art. 3

Prohibition of torture

Art. 4

Prohibition of slavery and forced labour

Art. 5

Right to liberty and security

Art. 6

Right to a fair trial

Art. 7

No punishment without law

Art. 8

Right to respect for private and family life

Art.

Freedom of thought, conscience and religion

Art. 10

Freedom of expression

Art. 11

Freedom of assembly and association

Art. 12

Right to marriage

Art. 13

Right to an effective remedy

Art. 14

Prohibition of discrimination

Art. 15

Derogation in case of state of emergency

Art. 16

Restrictions on the political activity of foreigners

Art. 17

Prohibition of abuse of rights

Art. 18

Limiting the Use of Rights Restrictions

[...]

Art.

Investigations by the Secretary General

Art.

Protection of recognized human rights

Art.

Powers of the Committee of Ministers

Art.

Waiver of Alternative Dispute Resolution

Art. 56

Territorial Application

Art. 57

Reservations

Art.

Denunciation

Art.

Signature and ratification

Additional Protocol

Art. 1

Property Protection

Art. 2

Right to education

Art. 3

Right to free elections

Art. 4

Territorial Application

Art. 5

Relations with the Convention

Art. 6

Signature and ratification

Protocol n O 4

Art. 1

Prohibition of imprisonment for debt

Art. 2

Freedom of movement

Art. 3

Prohibition of expulsion of nationals

Art. 4

Prohibition of collective expulsion of aliens

Art. 5

Territorial Application

Art. 6

Relations with the Convention

Art. 7

Signature and ratification

Protocol n O 6

Art. 1

Abolition of the death penalty

Art. 2

Death penalty in wartime

Art. 3

Prohibition of derogations

Art. 4

Prohibition of reservations

Art. 5

Territorial Application

Art. 6

Relations with the Convention

Art. 7

Signature and ratification

Art. 8

Entry into force

Art.

Depositary functions

Protocol n O 7

Art. 1

Procedural safeguards in case of expulsion of aliens

Art. 2

Right to a double degree of jurisdiction in criminal matters

Art. 3

Right of compensation in case of judicial error

Art. 4

The right not to be tried or punished twice

Art. 5

Equality between spouses

Art. 6

Territorial Application

Art. 7

Relations with the Convention

Art. 8

Signature and ratification

Art.

Entry into force

Art. 10

Depositary functions

Scope of application on 23 June 2006 2

States Parties

Ratification

Entry into force

Albania

2 October

1996

1 Er November

1998

Germany

2 October

1995

1 Er November

1998

Andorra

22 January

1996

1 Er November

1998

Armenia

April 26

2002

April 26

2002

Austria

August 3

1995

1 Er November

1998

Azerbaijan

15 April

2002

15 April

2002

Belgium

10 January

1997

1 Er November

1998

Bosnia and Herzegovina

July 12

2002

July 12

2002

Bulgaria

3 November

1994

1 Er November

1998

Cyprus

28 June

1995

1 Er November

1998

Croatia

5 November

1997

1 Er November

1998

Denmark

18 July

1996

1 Er November

1998

Spain

16 December

1996

1 Er November

1998

Estonia

April 16

1996

1 Er November

1998

Finland

12 January

1996

1 Er November

1998

France

3 April

1996

1 Er November

1998

Georgia

20 May

1999

20 May

1999

Greece

9 January

1997

1 Er November

1998

Hungary

April 26

1995

1 Er November

1998

Ireland

16 December

1996

1 Er November

1998

Iceland

29 June

1995

1 Er November

1998

Italy

1 Er October

1997

1 Er November

1998

Latvia

27 June

1997

1 Er November

1998

Liechtenstein

14 November

1995

1 Er November

1998

Lithuania

20 June

1995

1 Er November

1998

Luxembourg

10 September

1996

1 Er November

1998

Macedonia

10 April

1997

1 Er November

1998

Malta

11 May

1995

1 Er November

1998

Moldova

12 September

1997

1 Er November

1998

Monaco

30 November

2005

30 November

2005

Norway

24 July

1995

1 Er November

1998

Netherlands

21 January

1997

1 Er November

1998

Netherlands Antilles

21 January

1997

1 Er November

1998

Aruba

21 January

1997

1 Er November

1998

Poland

20 May

1997

1 Er November

1998

Portugal

14 May

1997

1 Er November

1998

Czech Republic

28 April

1995

1 Er November

1998

Romania

August 11

1995

1 Er November

1998

United Kingdom

9 December

1994

1 Er November

1998

Guernsey

9 December

1994

1 Er November

1998

Isle of Man

9 December

1994

1 Er November

1998

Jersey

9 December

1994

1 Er November

1998

Russia

5 May

1998

1 Er November

1998

San Marino

5 December

1996

1 Er November

1998

Serbia

3 March

2004

3 March

2004

Slovakia

28 September

1994

1 Er November

1998

Slovenia

28 June

1994

1 Er November

1998

Sweden

April 21

1995

1 Er November

1998

Switzerland

July 13

1995

1 Er November

1998

Turkey

July 11

1997

1 Er November

1998

Ukraine

11 September

1997

1 Er November

1998


1 The titles of the new art. 19 to 51 of the Convention are already included in this Protocol.
2 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).


Status August 15, 2006