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RS 0.101.1 European Agreement of 6 May 1969 concerning persons participating in proceedings before the Commission and the European Court of Human Rights

Original Language Title: RS 0.101.1 Accord européen du 6 mai 1969 concernant les personnes participant aux procédures devant la Commission et la Cour européennes des Droits de l’Homme

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0.101.1

Original text

European Agreement concerning persons participating in proceedings before the Commission and the European Court of Human Rights

Conclu in London on 6 May 1969
Approved by the Federal Assembly on October 3, 1974 1
Instrument of ratification deposited by Switzerland on 28 November 1974
Entered into force for Switzerland on 29 December 1974

(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: '

Art. 1

The persons to whom this Agreement applies are:

(a)
Agents of the Contracting Parties, as well as counsel and lawyers who assist them;
(b)
Any person who participates in the proceedings instituted before the Commission under s. 25 of the Convention, either on its own behalf or as the representative of one of the applicants listed in audit art. 25;
(c)
Lawyers, admitted or professors of law who participate in the proceedings to assist one of the persons listed in s. (b) above;
(d)
The persons selected by the Commission delegates to assist them in the proceedings before the Court;
(e)
Witnesses, experts and other persons called by the Commission or the Court to participate in the proceedings before the Commission or the Court.

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.

Art. 2

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.

Art. 3

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:

(a)
Their correspondence, if controlled by the competent authorities, must, however, be transmitted and remitted to them without undue delay and without alteration;
(b)
Such persons shall not be subject to any disciplinary action as a result of a communication transmitted to the Commission or to the Court by the appropriate channels;
(c)
These persons have the right, with regard to a request to the Commission and any resulting proceedings, to correspond with a counsel admitted to plead before the courts of the country in which they are held, and to confer with him without being able to be Heard by anyone else.

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.

Art. 4
1.
(a) The Contracting Parties undertake not to prevent the persons referred to in the first paragraph of s. 1 of this Agreement, and of which the Commission or the Court has, in advance, authorised the presence, movement and travel freely to attend and return to the proceedings before the Commission or the Court.
(b)
No other restriction may be imposed on such movements and movements as those provided for by law are necessary measures in a democratic society, national security, public safety, law and order Public, the prevention of criminal offences, the protection of health or morals, or the protection of the rights and freedoms of others.
2.
(a) In transit countries and in the country where the proceedings are taking place, such persons may not be prosecuted, detained or subjected to any other restriction of their individual liberty, by reason of prior facts or convictions to the Beginning of the journey.
(b)
Any Contracting Party may, at the time of signature or ratification of this Agreement, declare that the provisions of that paragraph shall not apply to its own nationals. Such a declaration may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe.

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.

Art. 5

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.

2.
(a) The Commission or the Court, as the case may be, shall have the sole right to declare the total or partial waiver of the immunity provided for in the first paragraph of Art. 2 of this Agreement; they not only have the right, but the duty, to waive immunity in all cases where, in their opinion, it would impede the course of justice and its total or partial lifting would not be detrimental to the purpose defined in the first Paragraph of this Article.
(b)
Immunity may be waived by the Commission or by the Court, either ex officio or at the request addressed to the Secretary General of the Council of Europe by any Contracting Party or any interested person.
(c)
Decisions to waive or refuse immunity will be justified.

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.

Art. 6

None of the provisions of this Agreement shall be construed as limiting or derogating from the obligations assumed by Contracting Parties under the Convention.

Art. 7

1. This Agreement shall be open for signature by the member States of the Council of Europe which may become Parties to it by.

(a)
Signature without reservation of ratification or acceptance,
(b)
Signature subject to ratification or acceptance, followed by ratification or acceptance.

2. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

Art. 8

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.

Art.

(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.

Art. 10

(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.

Art. 11 Scope of application April 13, 2005 Reservations and declarations

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

(a)
Any signature without reservation of ratification or acceptance;
(b)
Any signature subject to ratification or acceptance;
(c)
The deposit of any instrument of ratification or acceptance;
(d)
Any date of entry into force of this Agreement, in accordance with its art. 8;
(e)
Any statement received pursuant to the provisions of s. 2 of the art. 4 and paras. 2 and 3 of Art. 9;
(f)
Any notification of withdrawal of a declaration under the provisions of s. 2 of the art. 4 and any notification received pursuant to the provisions of Art. 10 and the date on which any denunciation takes effect.

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)

Scope of application 13 April 2005

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.

A

Declaration of Application under Art. 9, para. 1.

B

Declaration of Application under Art. 9, para. 2.


Reservations and declarations

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.


RO 1974 2178; FF 1974 I 1020


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)


Status on 3 May 2005