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Original text
(Status on 3 May 2005)
The member States of the Council of Europe, signatories to this Agreement,
In view of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 2 (hereinafter "the Convention");
Considering that it is important, in order better to achieve the aims of the Convention, that persons participating in the proceedings before the European Commission of Human Rights (hereinafter referred to as "the Commission") or before the European Court Of Human Rights (hereinafter referred to as "the Court") are granted certain immunities and facilities;
Desiring to conclude an Agreement for this purpose,
Have agreed as follows: '
The persons to whom this Agreement applies are:
2. For the purposes of this Agreement, the terms "Commission" and "Court" shall also mean a Sub-Commission, a Chamber or members of those two bodies, acting in the performance of the functions attributed to them, as the case may be, of the Convention Or the Regulations of the Commission or of the Court; the expression "participating in the proceedings" also refers to any preliminary communication aimed at the introduction of a directed motion against a State which has recognised the right of individual appeal under Art. 25 of the Convention.
3. In the case where, in the course of the exercise by the Committee of Ministers of the functions conferred upon it by the application of s. 32 of the Convention, a person referred to in the first paragraph of this Article shall be summoned to appear before it or to submit written declarations, the provisions of this Agreement shall also apply to that person.
1. The persons referred to in the first paragraph of s. 1 of this Agreement shall enjoy immunity from jurisdiction in respect of statements made orally or in writing to the Commission or the Court, as well as to the documents submitted to them.
2. This immunity does not apply in respect of any communication, in whole or in part, outside the Commission or the Court, by or on behalf of a person enjoying immunity under the preceding paragraph, of declarations Made or produced by it before the Commission or the Court.
1. The Contracting Parties shall respect the right of persons referred to in the first paragraph of s. 1 of this Agreement to correspond freely with the Commission and with the Court.
2. In the case of detained persons, the exercise of this right includes, inter alia:
3. In the application of the preceding paragraphs, there can be no interference by a public authority only in so far as such interference is provided for by law and constitutes a measure which, in a democratic society, is necessary to National security, research and prosecution of a criminal offence or the protection of health.
3. The Contracting Parties undertake to allow these persons to return to their territory when they have started the journey.
4. The provisions of s. 1 and 2 of this Article shall cease to apply where the person concerned has had the opportunity, for 15 consecutive days, after his or her presence is no longer required by the Commission or the Court, to return to the country where the person concerned has Started.
5. In the event of a conflict between the resulting obligations for a Contracting Party of s. 2 of this Article and those resulting from a Convention of the Council of Europe or an extradition treaty or another treaty on mutual legal assistance in criminal matters concluded with other Contracting Parties, the provisions of s. 2 of this article shall prevail.
1. The immunities and facilities shall be granted to the persons referred to in the first paragraph of Art. 1, of this Agreement solely with a view to ensuring the freedom of speech and independence necessary for the performance of their duties, tasks or duties, or in the exercise of their rights before the Commission or before the Court.
3. If a Contracting Party certifies that the waiver of the immunity provided for in the first paragraph of s. 2 of this Agreement is necessary for the prosecution of national security offences, the Commission or the Court must waive the immunity to the extent specified in the certificate.
4. In the event of discovery of a fact of such a nature as to exert a decisive influence and which, at the time of the decision refusing the waiver of immunity was unknown to the applicant, the latter may refer the matter to the Commission or the Court for a new application.
None of the provisions of this Agreement shall be construed as limiting or derogating from the obligations assumed by Contracting Parties under the Convention.
1. This Agreement shall be open for signature by the member States of the Council of Europe which may become Parties to it by.
2. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
1. This Agreement shall enter into force one month after the date on which five member States of the Council have become Parties to the Agreement, in accordance with the provisions of Art. 7.
2. For any Member State which subsequently signs it without reservation as to ratification or acceptance or ratifies or accepts it, the Agreement shall enter into force one month after the date of signature or deposit of the instrument of ratification or Of acceptance.
(1) Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification or acceptance, designate the territory or territories to which this Agreement shall apply.
2. Any Contracting Party may, at the time of the deposit of its instrument of ratification or acceptance, or at any other time thereafter, extend the application of this Agreement by declaration addressed to the Secretary General of the Council of Europe, to Any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.
(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, under the conditions laid down in Art. 10 of this Agreement.
(1) This Agreement shall remain in force without limitation of duration.
2. Any Contracting Party may, as far as it is concerned, denounce this Agreement by sending a notification to the Secretary General of the Council of Europe.
The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General. However, such denunciation shall not have the effect of untying the Contracting Party concerned from any obligation which may have arisen under this Agreement in respect of any person referred to in the first paragraph of s. 1.
The Secretary General of the Council of Europe shall notify the member states of the Council of:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.
Done at London, on 6 May 1969, in English and in 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 of the signatory States.
(Suivent signatures)
States Parties |
Ratification |
Entry into force |
||
Germany * |
3 April |
1978 |
4 May |
1978 |
Austria |
17 July |
1981 |
August 18 |
1981 |
Belgium |
March 16 |
1971 |
April 17 |
1971 |
Cyprus |
23 November |
1970 |
April 17 |
1971 |
Denmark |
7 March |
1984 |
April 8 |
1984 |
Spain * |
23 June |
1989 |
24 July |
1989 |
Finland |
February 27 |
1991 |
28 March |
1991 |
France * |
February 27 |
1984 |
28 March |
1984 |
Hungary |
12 January |
1996 |
13 February |
1996 |
Ireland |
9 November |
1971 |
10 December |
1971 |
Iceland |
29 June |
1995 |
July 30 |
1995 |
Italy * |
6 January |
1981 |
7 February |
1981 |
Liechtenstein * |
26 January |
1984 |
February 27 |
1984 |
Luxembourg |
10 September |
1970 |
April 17 |
1971 |
Malta |
April 30 |
1971 |
1 Er June |
1971 |
Norway |
1 Er July |
1970 |
April 17 |
1971 |
Netherlands * |
28 January |
1972 |
29 February |
1972 |
Netherlands Antilles |
28 January |
1972 A |
29 February |
1972 |
Poland * |
12 April |
1996 |
13 May |
1996 |
Portugal |
July 23 |
1981 |
August 24 |
1981 |
Czech Republic * |
March 27 |
1996 |
28 April |
1996 |
Romania |
April 8 |
1998 |
9 May |
1998 |
United Kingdom * |
24 February |
1971 |
April 17 |
1971 |
Guernsey, Isle of Man, Jersey |
19 October |
1971 B |
20 October |
1971 |
San Marino |
22 March |
1989 |
April 23 |
1989 |
Slovenia |
27 May |
1994 |
28 June |
1994 |
Sweden |
20 December |
1971 |
21 January |
1972 |
Switzerland * |
28 November |
1974 |
29 December |
1974 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int/treaty/FR/cadreprincipal.htm or obtained in the Directorate of Public International Law (DDIP), Treaty Section International, 3003 Berne. |
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A |
Declaration of Application under Art. 9, para. 1. |
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B |
Declaration of Application under Art. 9, para. 2. |
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Switzerland 3
The Swiss Federal Council declares that the provisions of s. 2, let. (a), s. 4 of the agreement will not apply to Swiss nationals prosecuted or convicted in Switzerland for a serious crime against the state, national defence or the country's defensive power.
1 Art. 1 al. 1 let. C of the AF of 3 Oct. 1974 (RO 1974 2148)
2 RS 0.101
3 Art. 1 al. 1 let. C of the AF of 3 Oct. 1974 (RO 1974 2148)