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Original text
(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:
The persons to whom this Agreement applies are:
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.
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.
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:
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.
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.
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.
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.
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.
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:
2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
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.
(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.
(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.
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 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)
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. |
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A |
For the Kingdom in Europe. |
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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).