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RS 0.101.3 European Agreement of 5 March 1996 concerning persons participating in proceedings before the European Court of Human Rights

Original Language Title: RS 0.101.3 Accord européen du 5 mars 1996 concernant les personnes participant aux procédures devant la Cour européenne des droits de l’homme

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0.101.3

Original text

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

Conclu in Strasbourg on 5 March 1996
Signed by Switzerland on 27 August 1998 1
Entry into force for Switzerland on 1 Er January 1999

(State on 12 April 2013)

Council of Europe member states,

Signatories to this Agreement,

In view of 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");

Having regard to the European Agreement concerning persons participating in proceedings before the Commission and the European Court of Human Rights 3 , signed in London on 6 May 1969;

In view of Protocol No. O 11 to the Convention, restructuring the control mechanism established by the Convention 4 , signed in Strasbourg on 11 May 1994 (hereinafter referred to as " Protocol No. O 11 to the Convention), which establishes a new European Permanent Court of Human Rights (hereinafter referred to as "the Court") replacing the Commission and the European Court of Human Rights;

Considering, in the light of this development, that it is appropriate, in order better to achieve the objectives of the Convention, that persons participating in proceedings before the Court are granted certain immunities and facilitated by a new agreement, The European Agreement concerning persons participating in proceedings before the European Court of Human Rights (hereinafter referred to as "the Agreement"),

Have agreed as follows:

Art. 1

The persons to whom this Agreement applies are:

A.
All persons involved in the proceedings before the Court, either as a party or as a representative or counsel of a party;
B.
Witnesses, experts called by the Court, and other persons invited by the President of the Court to participate in the proceedings.

2. For the purposes of this Agreement, the term "Court" means the Committees, the Chambers, the College of the Grand Chamber, the Grand Chamber and the Judges. The expression "participating in the proceedings" also refers to any communication aimed at the introduction of a directed against a State Party to 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. 46, para. 2, of the Convention, a person referred to in s. 1 above shall be called 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 s. 1 of the art. 1 of this Agreement shall enjoy immunity from jurisdiction in respect of their oral or written statements to the Court, as well as to the documents submitted to it.

2. This immunity does not apply to the communication outside the Court of the declarations made or of documents produced before the Court.

Art. 3

1. The Contracting Parties shall respect the rights of the persons referred to in s. 1 of the art. 1 of this Agreement to correspond freely with the Court.

2. In the case of detained persons, the exercise of this right includes, inter alia:

A.
Their correspondence must be transmitted and remitted to them without undue delay and without alteration;
B.
These persons may not be subject to disciplinary action as a result of a communication sent to the Court by the appropriate channels;
C.
Those persons have the right, with regard to a request to the Court and any resulting proceedings, to correspond with a counsel admitted to plead in the courts of the country in which they are held and to speak with him without being able to be heard By anyone else.

3. In the application of the preceding paragraphs, there may be interference by a public authority only in so far as such interference is provided for by law and constitutes a necessary measure in a democratic society for security National, 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 s. 1 of the art. 1 of this Agreement to travel and travel freely to attend and return to the proceedings before 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 because of prior convictions or convictions in the Beginning of the journey.
B.
Any Contracting Party may, at the time of signature, ratification, acceptance or approval of that 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 their journey there.

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 presence has ceased to be required by the Court, to return to the country where his journey has commenced.

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 section shall prevail.

Art. 5

1. The immunities and facilities shall be granted to the persons referred to in s. 1 of the art. 1 of this Agreement solely for the purpose of 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 Court.

2.
A The Court shall have the sole right to express the total or partial waiver of the immunity provided for in subs. 1 of the art. 2 of this Agreement; it not only has the right but the duty to waive immunity in all cases where, in its opinion, it would impede the course of justice and its total or partial lifting would not be detrimental to the purpose defined in subs. 1 of this article.
B.
Immunity may be waived by the Court, either ex officio or at the request of any Contracting Party or any interested person.
C.
Decisions to waive or refuse immunity shall be justified.

3. If a Contracting Party certifies that the waiver of immunity under s. 1 of the art. 2 of this Agreement is necessary for the prosecution of national security offences, the Court shall 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 author of the application, the latter may refer a new application to the Court.

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 or its Protocols.

Art. 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 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. 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 accordance with Provisions of s. 7, if at that date Protocol No. O 11 to the Convention entered into force, or on the date of entry into force of Protocol No. O 11 to the Convention otherwise.

(2) For any Member State which subsequently expresses its consent to be bound by the Agreement, it shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or of the deposit of the instrument of Ratification, acceptance or approval.

Art.

(1) Any Contracting State may, at the time of the deposit of its instrument of ratification, acceptance or approval, 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 territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.

2. This Agreement shall enter into force in respect of any territory designated under s. 1 on the first day of the month following the expiration of a period of one month after the date of receipt of the declaration by the Secretary-General.

3. Any declaration made under s. 1 may be withdrawn, in respect of any territory designated in that declaration, under the conditions laid down in accordance with the procedure laid down for denunciation by 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 s. 1 of the art. 1.

Art. 11 Scope of application on 12 April 2013 Reservations and declarations

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

A.
Any signature;
B.
Deposit of any instrument of ratification, acceptance or approval;
C.
Any date of entry into force of this Agreement, in accordance with its art. 8 and 9;
D.
Any other act, notification or communication relating to this Agreement.

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

Done at Strasbourg, on 5 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 copies to each member state of the Council of Europe.

(Suivent signatures)

Scope of application on 12 April 2013 5

States Parties

Ratification Signature without reservation of ratification (If)

Entry into force

Albania

26 February

2003

1 Er April

2003

Germany

11 September

2001

1 Er November

2001

Andorra

24 November

1998

1 Er January

1999

Austria

10 January

2001

1 Er March

2001

Belgium

29 June

2000

1 Er August

2000

Bulgaria *

May 31

2001

1 Er July

2001

Cyprus

February 9

2000

1 Er April

2000

Croatia *

2 December

1999

1 Er February

2000

Denmark

August 28

1998

1 Er January

1999

Spain *

19 January

2001

1 Er March

2001

Estonia *

9 January

2012

1 Er March

2012

Finland

December 23

1998

1 Er February

1999

France *

17 November

1998

1 Er January

1999

Georgia *

10 May

2001 If

1 Er July

2001

Greece *

7 February

2005

1 Er April

2005

Hungary *

1 Er April

1998

1 Er January

1999

Ireland

7 May

1999

1 Er July

1999

Iceland

4 November

1998

1 Er January

1999

Italy *

6 March

1998

1 Er January

1999

Latvia *

27 July

2006

1 Er September

2006

Liechtenstein *

21 January

1999 If

1 Er March

1999

Lithuania

18 February

2003

1 Er April

2003

Luxembourg

12 March

1999

1 Er May

1999

Moldova *

8 November

2001

1 Er January

2002

Monaco *

19 March

2007

1 Er May

2007

Norway

12 December

2001 If

1 Er February

2002

Netherlands * A

21 January

1997

1 Er January

1999

Netherlands Antilles

21 January

1997

1 Er January

1999

Aruba

21 January

1997

1 Er January

1999

Curaçao

21 January

1997

1 Er January

1999

Caribbean (Bonaire, Sint Eustatius and Saba)

21 January

1997

1 Er January

1999

Sint Maarten

21 January

1997

1 Er January

1999

Poland *

6 December

2012

1 Er February

2013

Czech Republic *

24 June

1998

1 Er January

1999

Romania

April 9

1999

1 Er June

1999

United Kingdom

9 November

2001

1 Er January

2002

Isle of Man

2 October

2003

1 Er November

2003

Slovakia *

21 May

2003

1 Er July

2003

Slovenia

29 November

2001

1 Er January

2002

Sweden

September 30

1998

1 Er January

1999

Switzerland *

August 27

1998 If

1 Er January

1999

Turkey *

6 October

2004

1 Er December

2004

Ukraine

4 November

2004

1 Er January

2005

*

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 found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe.


Reservations and declarations

Switzerland

Due to a transmission error, the signature of the said Agreement could not be accompanied by the following statement by the Swiss Federal Council, which should be duly reflected in the minutes of signing.

" The provisions of s. 2, let. A, of art. 4 of the Agreement shall not apply to Swiss nationals prosecuted or convicted in Switzerland for a serious crime against the State, national defence or the defensive power of the country."


1 Without reservation of ratification.
2 RS 0.101
3 RS 0.101.1
4 RS 0.101.09
5 RO 2000 1664 , 2003 2225, 2005 1905, 2009 1129, 2013 1229. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on April 12, 2013