Cedo - Eng Po Pack

8/3/2019 Cedo - Eng Po Pack

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(Eng) (06/2010)

Documentation for persons wishing to apply tothe European Court of Human Rights

European Convention On Human Rights p. 3

Application FormCentralPages

Notes For Guidance p. 25

Dates Of Entry Into Force p. 29

Authority Form p. 31

IMPORTANT

Before deciding if you can apply to the European Court of Human Rights

you should carefully read the Convention and the Notes for the Guidanceof Applicants.If your case complies with the conditions mentioned in these texts, youshould detach and complete the Application Form (central pages)according to the instructions included in the Notes.Please note that the Authority Form is only to be sent back if youalready have a lawyer.


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Convention for the Protectionof Human Rightsand Fundamental Freedoms

as amended by Protocols Nos. 11and 14

with Protocols Nos. 1, 4, 6, 7, 12 and 13

The text of the Convention is presented as amended by the provisions ofProtocol No. 14 (CETS no. 194) as from its entry into force on 1 June 2010.

The text of the Convention had previously been amended according to theprovisions of Protocol No. 3 (ETS no. 45), which entered into force on21 September 1970, of Protocol No. 5 (ETS no. 55), which entered into forceon 20 December 1971, and of Protocol No. 8 (ETS no. 118), which enteredinto force on 1 January 1990, and comprised also the text of Protocol No. 2(ETS no. 44) which, in accordance with Article 5 3 thereof, had been an

integral part of the Convention since its entry into force on 21 September1970. All provisions which had been amended or added by these Protocolswere replaced by Protocol No. 11 (ETS no. 155), as from the date of its entryinto force on 1 November 1998. As from that date, Protocol No. 9 (ETSno. 140), which entered into force on 1 October 1994, was repealed andProtocol No. 10 (ETS no. 146) lost its purpose.

The current state of signatures and ratifications of the Convention and itsProtocols as well as the complete list of declarations and reservations areavailable at http://conventions.coe.int.

Registry of the European Court of Human RightsJune 2010
http://conventions.coe.int/http://conventions.coe.int/


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European Convention on Human Rights

Convention for the Protection of Human Rights andFundamental Freedoms

Rome, 4.XI.1950

The governments signatory hereto, being members of the Council of Europe,

Considering the Universal Declaration ofHuman Rights proclaimed by the GeneralAssembly of the United Nations on10 December 1948;Considering that this Declaration aims atsecuring the universal and effectiverecognition and observance of the Rightstherein declared;Considering that the aim of the Councilof Europe is the achievement of greater

unity between its members and that oneof the methods by which that aim is tobe pursued is the maintenance andfurther realisation of human rights andfundamental freedoms;Reaffirming their profound belief in thosefundamental freedoms which are thefoundation of justice and peace in theworld and are best maintained on theone hand by an effective political

democracy and on the other by acommon understanding and observanceof the human rights upon which theydepend;Being resolved, as the governments ofEuropean countries which are likemindedand have a common heritage of politicaltraditions, ideals, freedom and the ruleof law, to take the first steps for thecollective enforcement of certain of the

rights stated in the Universal Declar-ation,Have agreed as follows:

Article 1

Obligation to respect human rightsThe High Contracting Parties shall secureto everyone within their jurisdiction therights and freedoms defined in Section Iof this Convention.

Section I

Rights and freedoms

Article 2

Right to life1. Everyones right to life shall beprotected by law. No one shall be

deprived of his life intentionally save inthe execution of a sentence of a courtfollowing his conviction of a crime forwhich this penalty is provided by law.

2. Deprivation of life shall not beregarded as inflicted in contravention ofthis Article when it results from the useof force which is no more than abso-lutely necessary:

(a) in defence of any person fromunlawful violence;(b) in order to effect a lawful arrest orto prevent the escape of a personlawfully detained;

(c) in action lawfully taken for thepurpose of quelling a riot or insurrection.

Article 3

Prohibition of tortureNo one shall be subjected to torture orto inhuman or degrading treatment orpunishment.

Article 4

Prohibition of slavery and forcedlabour1. No one shall be held in slavery orservitude.

2. No one shall be required to performforced or compulsory labour.

3. For the purpose of this Article the

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term forced or compulsory labour shallnot include:

(a) any work required to be done in theordinary course of detention imposedaccording to the provisions of Article 5 ofthis Convention or during conditionalrelease from such detention;(b) any service of a military characteror, in case of conscientious objectors incountries where they are recognised,service exacted instead of compulsorymilitary service;(c) any service exacted in case of anemergency or calamity threatening thelife or well-being of the community;(d) any work or service which formspart of normal civic obligations.

Article 5

Right to liberty and security1. Everyone has the right to liberty andsecurity of person. No one shall bedeprived of his liberty save in thefollowing cases and in accordance with aprocedure prescribed by law:

(a) the lawful detention of a personafter conviction by a competent court;(b) the lawful arrest or detention of aperson for non-compliance with the

lawful order of a court or in order tosecure the fulfilment of any obligationprescribed by law;(c) the lawful arrest or detention of aperson effected for the purpose ofbringing him before the competent legalauthority on reasonable suspicion ofhaving committed an offence or when itis reasonably considered necessary toprevent his committing an offence orfleeing after having done so;(d) the detention of a minor by lawfulorder for the purpose of educationalsupervision or his lawful detention forthe purpose of bringing him before thecompetent legal authority;(e) the lawful detention of persons forthe prevention of the spreading ofinfectious diseases, of persons of un-sound mind, alcoholics or drug addicts orvagrants;(f) the lawful arrest or detention of aperson to prevent his effecting anunauthorised entry into the country or ofa person against whom action is being

taken with a view to deportation orextradition.

2. Everyone who is arrested shall beinformed promptly, in a language whichhe understands, of the reasons for hisarrest and of any charge against him.

3. Everyone arrested or detained inaccordance with the provisions ofparagraph 1 (c) of this Article shall bebrought promptly before a judge orother officer authorised by law toexercise judicial power and shall beentitled to trial within a reasonable timeor to release pending trial. Release maybe conditioned by guarantees to appearfor trial.

4. Everyone who is deprived of hisliberty by arrest or detention shall beentitled to take proceedings by whichthe lawfulness of his detention shall bedecided speedily by a court and hisrelease ordered if the detention is notlawful.

5. Everyone who has been the victimof arrest or detention in contravention ofthe provisions of this Article shall havean enforceable right to compensation.

Article 6

Right to a fair trial1. In the determination of his civil

rights and obligations or of any criminalcharge against him, everyone is entitledto a fair and public hearing within areasonable time by an independent andimpartial tribunal established by law.Judgment shall be pronounced publiclybut the press and public may beexcluded from all or part of the trial inthe interests of morals, public order ornational security in a democratic society,where the interests of juveniles or theprotection of the private life of the

parties so require, or to the extentstrictly necessary in the opinion of thecourt in special circumstances wherepublicity would prejudice the interests of

justice.

2. Everyone charged with a criminaloffence shall be presumed innocent untilproved guilty according to law.

3. Everyone charged with a criminaloffence has the following minimumrights:

(a) to be informed promptly, in alanguage which he understands and in

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detail, of the nature and cause of theaccusation against him;(b) to have adequate time and facilitiesfor the preparation of his defence;(c) to defend himself in person orthrough legal assistance of his own

choosing or, if he has not sufficientmeans to pay for legal assistance, to begiven it free when the interests of justiceso require;(d) to examine or have examinedwitnesses against him and to obtain theattendance and examination of wit-nesses on his behalf under the sameconditions as witnesses against him;(e) to have the free assistance of aninterpreter if he cannot understand orspeak the language used in court.

Article 7

No punishment without law1. No one shall be held guilty of anycriminal offence on account of any act oromission which did not constitute acriminal offence under national orinternational law at the time when it wascommitted. Nor shall a heavier penaltybe imposed than the one that wasapplicable at the time the criminaloffence was committed.

2. This Article shall not prejudice thetrial and punishment of any person forany act or omission which, at the timewhen it was committed, was criminalaccording to the general principles of lawrecognised by civilised nations.

Article 8

Right to respect for private andfamily life1. Everyone has the right to respect for

his private and family life, his home andhis correspondence.

2. There shall be no interference by apublic authority with the exercise of thisright except such as is in accordancewith the law and is necessary in ademocratic society in the interests ofnational security, public safety or theeconomic well-being of the country, forthe prevention of disorder or crime, forthe protection of health or morals, or forthe protection of the rights and

freedoms of others.

Article 9

Freedom of thought, conscience andreligion1. Everyone has the right to freedomof thought, conscience and religion; this

right includes freedom to change hisreligion or belief and freedom, eitheralone or in community with others andin public or private, to manifest hisreligion or belief, in worship, teaching,practice and observance.

2. Freedom to manifest ones religionor beliefs shall be subject only to suchlimitations as are prescribed by law andare necessary in a democratic society inthe interests of public safety, for theprotection of public order, health or

morals, or for the protection of therights and freedoms of others.

Article 10

Freedom of expression1. Everyone has the right to freedomof expression. This right shall includefreedom to hold opinions and to receiveand impart information and ideaswithout interference by public authorityand regardless of frontiers. This Articleshall not prevent States from requiring

the licensing of broadcasting, televisionor cinema enterprises.

2. The exercise of these freedoms,since it carries with it duties andresponsibilities, may be subject to suchformalities, conditions, restrictions orpenalties as are prescribed by law andare necessary in a democratic society, inthe interests of national security,territorial integrity or public safety, forthe prevention of disorder or crime, forthe protection of health or morals, for

the protection of the reputation or rightsof others, for preventing the disclosureof information received in confidence, orfor maintaining the authority and im-partiality of the judiciary.

Article 11

Freedom of assembly andassociation1. Everyone has the right to freedomof peaceful assembly and to freedom ofassociation with others, including the

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right to form and to join trade unions forthe protection of his interests.

2. No restrictions shall be placed onthe exercise of these rights other thansuch as are prescribed by law and arenecessary in a democratic society in theinterests of national security or publicsafety, for the prevention of disorder orcrime, for the protection of health ormorals or for the protection of the rightsand freedoms of others. This Article shallnot prevent the imposition of lawfulrestrictions on the exercise of theserights by members of the armed forces,of the police or of the administration ofthe State.

Article 12

Right to marryMen and women of marriageable agehave the right to marry and to found afamily, according to the national lawsgoverning the exercise of this right.

Article 13

Right to an effective remedyEveryone whose rights and freedoms asset forth in this Convention are violatedshall have an effective remedy before a

national authority notwithstanding thatthe violation has been committed bypersons acting in an official capacity.

Article 14

Prohibition of discriminationThe enjoyment of the rights andfreedoms set forth in this Conventionshall be secured without discriminationon any ground such as sex, race, colour,language, religion, political or otheropinion, national or social origin,

association with a national minority,property, birth or other status.

Article 15

Derogation in time of emergency1. In time of war or other publicemergency threatening the life of thenation any High Contracting Party maytake measures derogating from its

obligations under this Convention to theextent strictly required by the exigenciesof the situation, provided that suchmeasures are not inconsistent with itsother obligations under internationallaw.

2. No derogation from Article 2, exceptin respect of deaths resulting from lawfulacts of war, or from Articles 3, 4 1 and7 shall be made under this provision.

3. Any High Contracting Party availingitself of this right of derogation shallkeep the Secretary General of theCouncil of Europe fully informed of themeasures which it has taken and thereasons therefor. It shall also inform theSecretary General of the Council ofEurope when such measures haveceased to operate and the provisions ofthe Convention are again being fullyexecuted.

Article 16

Restrictions on political activity ofaliensNothing in Articles 10, 11 and 14 shallbe regarded as preventing the HighContracting Parties from imposingrestrictions on the political activity of

aliens.

Article 17

Prohibition of abuse of rightsNothing in this Convention may beinterpreted as implying for any State,group or person any right to engage inany activity or perform any act aimed atthe destruction of any of the rights andfreedoms set forth herein or at theirlimitation to a greater extent than isprovided for in the Convention.

Article 18

Limitation on use of restrictions onrightsThe restrictions permitted under thisConvention to the said rights andfreedoms shall not be applied for anypurpose other than those for which theyhave been prescribed.

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Section II

European Court of Human Rights

Article 19

Establishment of the CourtTo ensure the observance of theengagements undertaken by the HighContracting Parties in the Conventionand the Protocols thereto, there shall beset up a European Court of HumanRights, hereinafter referred to as theCourt. It shall function on a permanentbasis.

Article 20

Number of judgesThe Court shall consist of a number of

judges equal to that of the HighContracting Parties.

Article 21

Criteria for office1. The judges shall be of high moralcharacter and must either possess thequalifications required for appointment

to high judicial office or be jurisconsultsof recognised competence.

2. The judges shall sit on the Court intheir individual capacity.

3. During their term of office thejudges shall not engage in any activitywhich is incompatible with theirindependence, impartiality or with thedemands of a full-time office; allquestions arising from the application ofthis paragraph shall be decided by theCourt.

Article 22

Election of judgesThe judges shall be elected by theParliamentary Assembly with respect toeach High Contracting Party by amajority of votes cast from a list of threecandidates nominated by the HighContracting Party.

Article 23

Terms of office and dismissal1. The judges shall be elected for aperiod of nine years. They may not be

re-elected.

2. The terms of office of judges shallexpire when they reach the age of 70.

3. The judges shall hold office untilreplaced. They shall, however, continueto deal with such cases as they alreadyhave under consideration.

4. No judge may be dismissed fromoffice unless the other judges decide bya majority of two-thirds that that judgehas ceased to fulfil the requiredconditions.

Article 24

Registry and rapporteurs1. The Court shall have a Registry, thefunctions and organisation of which shallbe laid down in the rules of the Court.

2. When sitting in a single-judgeformation, the Court shall be assisted byrapporteurs who shall function under theauthority of the President of the Court.

They shall form part of the CourtsRegistry.

Article 25

Plenary CourtThe plenary Court shall(a) elect its President and one or twoVice-Presidents for a period of threeyears; they may be re-elected;(b) set up Chambers, constituted for afixed period of time;(c) elect the Presidents of the Chambersof the Court; they may be re-elected;(d) adopt the rules of the Court;(e) elect the Registrar and one or moreDeputy Registrars;(f) make any request under Article 26 2.

Article 26

Single-judge formation, Committees,Chambers and Grand Chamber1. To consider cases brought before it,the Court shall sit in a single-judgeformation, in Committees of three

judges, in Chambers of seven judges

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and in a Grand Chamber of seventeenjudges. The Courts Chambers shall setup Committees for a fixed period oftime.

2. At the request of the plenary Court,the Committee of Ministers may, by aunanimous decision and for a fixedperiod, reduce to five the number of

judges of the Chambers.

3. When sitting as a single judge, ajudge shall not examine any applicationagainst the High Contracting Party inrespect of which that judge has beenelected.

4. There shall sit as an ex officiomember of the Chamber and the GrandChamber the judge elected in respect of

the High Contracting Party concerned. Ifthere is none or if that judge is unable tosit, a person chosen by the President ofthe Court from a list submitted inadvance by that Party shall sit in thecapacity of judge.

5. The Grand Chamber shall alsoinclude the President of the Court, theVice-Presidents, the Presidents of theChambers and other judges chosen inaccordance with the rules of the Court.When a case is referred to the Grand

Chamber under Article 43, no judgefrom the Chamber which rendered thejudgment shall sit in the GrandChamber, with the exception of thePresident of the Chamber and the judgewho sat in respect of the HighContracting Party concerned.

Article 27

Competence of single judges1. A single judge may declareinadmissible or strike out of the Courts

list of cases an application submittedunder Article 34, where such a decisioncan be taken without further examin-ation.

2. The decision shall be final.

3. If the single judge does not declarean application inadmissible or strike itout, that judge shall forward it to aCommittee or to a Chamber for furtherexamination.

Article 28

Competence of Committees1. In respect of an application sub-mitted under Article 34, a Committeemay, by a unanimous vote,

(a) declare it inadmissible or strike itout of its list of cases, where suchdecision can be taken without furtherexamination; or(b) declare it admissible and render atthe same time a judgment on themerits, if the underlying question in thecase, concerning the interpretation orthe application of the Convention or theProtocols thereto, is already the subjectof well-established case-law of theCourt.

2. Decisions and judgments underparagraph 1 shall be final.

3. If the judge elected in respect of theHigh Contracting Party concerned is nota member of the Committee, theCommittee may at any stage of theproceedings invite that judge to take theplace of one of the members of theCommittee, having regard to all relevantfactors, including whether that Party hascontested the application of the pro-cedure under paragraph 1 (b).

Article 29

Decisions by Chambers onadmissibility and merits1. If no decision is taken under Article27 or 28, or no judgment renderedunder Article 28, a Chamber shall decideon the admissibility and merits ofindividual applications submitted underArticle 34. The decision on admissibilitymay be taken separately.

2. A Chamber shall decide on theadmissibility and merits of inter-Stateapplications submitted under Article 33.The decision on admissibility shall betaken separately unless the Court, inexceptional cases, decides otherwise.

Article 30

Relinquishment of jurisdiction to theGrand ChamberWhere a case pending before a Chamber

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raises a serious question affecting theinterpretation of the Convention or theProtocols thereto, or where theresolution of a question before theChamber might have a resultinconsistent with a judgment previously

delivered by the Court, the Chambermay, at any time before it has renderedits judgment, relinquish jurisdiction infavour of the Grand Chamber, unlessone of the parties to the case objects.

Article 31

Powers of the Grand ChamberThe Grand Chamber shall(a) determine applications submittedeither under Article 33 or Article 34when a Chamber has relinquished

jurisdiction under Article 30 or when thecase has been referred to it under Art-icle 43;(b) decide on issues referred to theCourt by the Committee of Ministers inaccordance with Article 46 4; and(c) consider requests for advisoryopinions submitted under Article 47.

Article 32

Jurisdiction of the Court1. The jurisdiction of the Court shallextend to all matters concerning theinterpretation and application of theConvention and the Protocols theretowhich are referred to it as provided inArticles 33, 34, 46 and 47.

2. In the event of dispute as towhether the Court has jurisdiction, theCourt shall decide.

Article 33

Inter-State cases

Any High Contracting Party may refer tothe Court any alleged breach of theprovisions of the Convention and theProtocols thereto by another HighContracting Party.

Article 34

Individual applicationsThe Court may receive applications fromany person, non-governmental organisa-tion or group of individuals claiming tobe the victim of a violation by one of the

High Contracting Parties of the rights setforth in the Convention or the Protocols

thereto. The High Contracting Partiesundertake not to hinder in any way theeffective exercise of this right.

Article 35

Admissibility criteria1. The Court may only deal with thematter after all domestic remedies havebeen exhausted, according to thegenerally recognised rules of inter-national law, and within a period of sixmonths from the date on which the finaldecision was taken.

2. The Court shall not deal with anyapplication submitted under Article 34that

(a) is anonymous; or

(b) is substantially the same as amatter that has already been examinedby the Court or has already beensubmitted to another procedure ofinternational investigation or settlementand contains no relevant new infor-mation.3. The Court shall declare inadmissibleany individual application submittedunder Article 34 if it considers that:

(a) the application is incompatible withthe provisions of the Convention or the

Protocols thereto, manifestly ill-founded,or an abuse of the right of individualapplication; or(b) the applicant has not suffered asignificant disadvantage, unless respectfor human rights as defined in theConvention and the Protocols theretorequires an examination of theapplication on the merits and providedthat no case may be rejected on thisground which has not been dulyconsidered by a domestic tribunal.

4. The Court shall reject anyapplication which it considers inadmis-sible under this Article. It may do so atany stage of the proceedings.

Article 36

Third party intervention1. In all cases before a Chamber or theGrand Chamber, a High ContractingParty one of whose nationals is anapplicant shall have the right to submitwritten comments and to take part in

hearings.2. The President of the Court may, in

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the interest of the proper administrationof justice, invite any High ContractingParty which is not a party to theproceedings or any person concernedwho is not the applicant to submitwritten comments or take part in

hearings.

3. In all cases before a Chamber or theGrand Chamber, the Council of EuropeCommissioner for Human Rights maysubmit written comments and take partin hearings.

Article 37

Striking out applications1. The Court may at any stage of theproceedings decide to strike an appli-

cation out of its list of cases where thecircumstances lead to the conclusionthat

(a) the applicant does not intend topursue his application; or(b) the matter has been resolved; or(c) for any other reason established bythe Court, it is no longer justified tocontinue the examination of theapplication.However, the Court shall continue theexamination of the application if respect

for human rights as defined in theConvention and the Protocols thereto sorequires.2. The Court may decide to restore anapplication to its list of cases if itconsiders that the circumstances justifysuch a course.

Article 38

Examination of the caseThe Court shall examine the casetogether with the representatives of the

parties and, if need be, undertake aninvestigation, for the effective conduct ofwhich the High Contracting Partiesconcerned shall furnish all necessaryfacilities.

Article 39

Friendly settlements1. At any stage of the proceedings, theCourt may place itself at the disposal ofthe parties concerned with a view tosecuring a friendly settlement of thematter on the basis of respect for humanrights as defined in the Convention and

the Protocols thereto.

2. Proceedings conducted under para-graph 1 shall be confidential.

3. If a friendly settlement is effected,the Court shall strike the case out of its

list by means of a decision which shallbe confined to a brief statement of thefacts and of the solution reached.

4. This decision shall be transmitted tothe Committee of Ministers, which shallsupervise the execution of the terms ofthe friendly settlement as set out in thedecision.

Article 40

Public hearings and access todocuments1. Hearings shall be in public unlessthe Court in exceptional circumstancesdecides otherwise.

2. Documents deposited with theRegistrar shall be accessible to thepublic unless the President of the Courtdecides otherwise.

Article 41

Just satisfactionIf the Court finds that there has been a

violation of the Convention or theProtocols thereto, and if the internal lawof the High Contracting Party concernedallows only partial reparation to bemade, the Court shall, if necessary,afford just satisfaction to the injuredparty.

Article 42

Judgments of ChambersJudgments of Chambers shall becomefinal in accordance with the provisions of

Article 44 2.

Article 43

Referral to the Grand Chamber1. Within a period of three monthsfrom the date of the judgment of theChamber, any party to the case may, inexceptional cases, request that the casebe referred to the Grand Chamber.

2. A panel of five judges of the GrandChamber shall accept the request if thecase raises a serious question affectingthe interpretation or application of theConvention or the Protocols thereto, or a

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serious issue of general importance.

3. If the panel accepts the request, theGrand Chamber shall decide the case bymeans of a judgment.

Article 44Final judgments1. The judgment of the Grand Chambershall be final.

2. The judgment of a Chamber shallbecome final

(a) when the parties declare that theywill not request that the case be referredto the Grand Chamber; or(b) three months after the date of the

judgment, if reference of the case to theGrand Chamber has not been requested;or(c) when the panel of the GrandChamber rejects the request to referunder Article 43.3. The final judgment shall be pub-lished.

Article 45

Reasons for judgments anddecisions1. Reasons shall be given for judg-

ments as well as for decisions declaringapplications admissible or inadmissible.

2. If a judgment does not represent, inwhole or in part, the unanimous opinionof the judges, any judge shall be entitledto deliver a separate opinion.

Article 46

Binding force and execution ofjudgments1. The High Contracting Parties under-take to abide by the final judgment ofthe Court in any case to which they areparties.

2. The final judgment of the Court shallbe transmitted to the Committee ofMinisters, which shall supervise itsexecution.

3. If the Committee of Ministersconsiders that the supervision of theexecution of a final judgment is hinderedby a problem of interpretation of the

judgment, it may refer the matter to the

Court for a ruling on the question of

interpretation. A referral decision shallrequire a majority vote of two thirds ofthe representatives entitled to sit on theCommittee.

4. If the Committee of Ministersconsiders that a High Contracting Partyrefuses to abide by a final judgment in acase to which it is a party, it may, afterserving formal notice on that Party andby decision adopted by a majority voteof two-thirds of the representativesentitled to sit on the Committee, refer tothe Court the question whether thatParty has failed to fulfil its obligationunder paragraph 1.

5. If the Court finds a violation ofparagraph 1, it shall refer the case tothe Committee of Ministers forconsideration of the measures to betaken. If the Court finds no violation ofparagraph 1, it shall refer the case tothe Committee of Ministers, which shallclose its examination of the case.

Article 47

Advisory opinions1. The Court may, at the request of theCommittee of Ministers, give advisoryopinions on legal questions concerning

the interpretation of the Convention andthe Protocols thereto.

2. Such opinions shall not deal withany question relating to the content orscope of the rights or freedoms definedin Section I of the Convention and theProtocols thereto, or with any otherquestion which the Court or theCommittee of Ministers might have toconsider in consequence of any suchproceedings as could be instituted inaccordance with the Convention.

3. Decisions of the Committee ofMinisters to request an advisory opinionof the Court shall require a majority voteof the representatives entitled to sit onthe Committee.

Article 48

Advisory jurisdiction of the CourtThe Court shall decide whether a requestfor an advisory opinion submitted by theCommittee of Ministers is within itscompetence as defined in Article 47.

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Article 49

Reasons for advisory opinions1. Reasons shall be given for advisoryopinions of the Court.

2. If the advisory opinion does not

represent, in whole or in part, theunanimous opinion of the judges, any

judge shall be entitled to deliver aseparate opinion.

3. Advisory opinions of the Court shallbe communicated to the Committee ofMinisters.

Article 50

Expenditure on the CourtThe expenditure on the Court shall beborne by the Council of Europe.

Article 51Privileges and immunities of judgesThe judges shall be entitled, during theexercise of their functions, to theprivileges and immunities provided for inArticle 40 of the Statute of the Council ofEurope and in the agreements madethereunder.

Section III

Miscellaneous provisions

Article 52

Inquiries by the Secretary GeneralOn receipt of a request from theSecretary General of the Council ofEurope any High Contracting Party shall

furnish an explanation of the manner inwhich its internal law ensures theeffective implementation of any of theprovisions of the Convention.

Article 53

Safeguard for existing human rightsNothing in this Convention shall beconstrued as limiting or derogating fromany of the human rights and funda-mental freedoms which may be ensuredunder the laws of any High Contracting

Party or under any other agreement towhich it is a party.

Article 54

Powers of the Committee ofMinistersNothing in this Convention shallprejudice the powers conferred on theCommittee of Ministers by the Statute ofthe Council of Europe.

Article 55

Exclusion of other means of disputesettlementThe High Contracting Parties agree that,except by special agreement, they will

not avail themselves of treaties,conventions or declarations in forcebetween them for the purpose ofsubmitting, by way of petition, a disputearising out of the interpretation orapplication of this Convention to ameans of settlement other than thoseprovided for in this Convention.

Article 56

Territorial application1. Any State may at the time of its

ratification or at any time thereafterdeclare by notification addressed to theSecretary General of the Council ofEurope that the present Conventionshall, subject to paragraph 4 of thisArticle, extend to all or any of theterritories for whose internationalrelations it is responsible.

2. The Convention shall extend to theterritory or territories named in the

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notification as from the thirtieth dayafter the receipt of this notification bythe Secretary General of the Council ofEurope.

3. The provisions of this Conventionshall be applied in such territories withdue regard, however, to local require-ments.

4. Any State which has made adeclaration in accordance with para-graph 1 of this Article may at any timethereafter declare on behalf of one ormore of the territories to which thedeclaration relates that it accepts thecompetence of the Court to receiveapplications from individuals, non-governmental organisations or groups ofindividuals as provided by Article 34 ofthe Convention.

Article 57

Reservations1. Any State may, when signing thisConvention or when depositing itsinstrument of ratification, make areservation in respect of any particularprovision of the Convention to the extentthat any law then in force in its territoryis not in conformity with the provision.

Reservations of a general character shallnot be permitted under this Article.

2. Any reservation made under thisArticle shall contain a brief statement ofthe law concerned.

Article 58

Denunciation1. A High Contracting Party maydenounce the present Convention onlyafter the expiry of five years from thedate on which it became a party to itand after six months notice contained ina notification addressed to the SecretaryGeneral of the Council of Europe, whoshall inform the other High ContractingParties.

2. Such a denunciation shall not havethe effect of releasing the High

Contracting Party concerned from itsobligations under this Convention inrespect of any act which, being capableof constituting a violation of suchobligations, may have been performedby it before the date at which the

denunciation became effective.3. Any High Contracting Party whichshall cease to be a member of theCouncil of Europe shall cease to be aparty to this Convention under the sameconditions.4. The Convention may be denouncedin accordance with the provisions of thepreceding paragraphs in respect of anyterritory to which it has been declared toextend under the terms of Article 56.

Article 59Signature and ratification1. This Convention shall be open tothe signature of the members of theCouncil of Europe. It shall be ratified.Ratifications shall be deposited with theSecretary General of the Council ofEurope.2. The European Union may accede tothis Convention.3. The present Convention shall comeinto force after the deposit of ten

instruments of ratification.4. As regards any signatory ratifyingsubsequently, the Convention shall comeinto force at the date of the deposit ofits instrument of ratification.5. The Secretary General of theCouncil of Europe shall notify all themembers of the Council of Europe of theentry into force of the Convention, thenames of the High Contracting Partieswho have ratified it, and the deposit ofall instruments of ratification which may

be effected subsequently.Done at Rome this 4th day of November1950, in English and French, both textsbeing equally authentic, in a single copywhich shall remain deposited in thearchives of the Council of Europe. TheSecretary General shall transmit certifiedcopies to each of the signatories.

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Protocol to the Convention for the Protectionof Human Rights and Fundamental Freedoms

Paris, 20.III.1952


Being resolved to take steps to ensurethe collective enforcement of certainrights and freedoms other than thosealready included in Section I of theConvention for the Protection of HumanRights and Fundamental Freedomssigned at Rome on 4 November 1950(hereinafter referred to as theConvention),Have agreed as follows:

Article 1

Protection of propertyEvery natural or legal person is entitledto the peaceful enjoyment of hispossessions. No one shall be deprived ofhis possessions except in the publicinterest and subject to the conditionsprovided for by law and by the generalprinciples of international law.The preceding provisions shall not,however, in any way impair the right of

a State to enforce such laws as it deemsnecessary to control the use of propertyin accordance with the general interestor to secure the payment of taxes orother contributions or penalties.

Article 2

Right to educationNo person shall be denied the right toeducation. In the exercise of anyfunctions which it assumes in relation toeducation and to teaching, the State

shall respect the right of parents toensure such education and teaching inconformity with their own religious andphilosophical convictions.

Article 3

Right to free electionsThe High Contracting Parties undertaketo hold free elections at reasonableintervals by secret ballot, underconditions which will ensure the freeexpression of the opinion of the people

in the choice of the legislature.

Article 4

Territorial applicationAny High Contracting Party may at thetime of signature or ratification or at anytime thereafter communicate to theSecretary General of the Council ofEurope a declaration stating the extentto which it undertakes that theprovisions of the present Protocol shall

apply to such of the territories for theinternational relations of which it isresponsible as are named therein.Any High Contracting Party which hascommunicated a declaration in virtue ofthe preceding paragraph may from timeto time communicate a furtherdeclaration modifying the terms of anyformer declaration or terminating theapplication of the provisions of thisProtocol in respect of any territory.A declaration made in accordance with

this Article shall be deemed to havebeen made in accordance with para-graph 1 of Article 56 of the Convention.

Article 5

Relationship to the ConventionAs between the High Contracting Partiesthe provisions of Articles 1, 2, 3 and 4 ofthis Protocol shall be regarded asadditional Articles to the Convention andall the provisions of the Convention shallapply accordingly.

Article 6

Signature and ratificationThis Protocol shall be open for signatureby the members of the Council ofEurope, who are the signatories of theConvention; it shall be ratified at thesame time as or after the ratification ofthe Convention. It shall enter into forceafter the deposit of ten instruments ofratification. As regards any signatoryratifying subsequently, the Protocol shall

enter into force at the date of the

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deposit of its instrument of ratification.The instruments of ratification shall bedeposited with the Secretary General ofthe Council of Europe, who will notify allmembers of the names of those whohave ratified.

Done at Paris on the 20th day of March

1952, in English and French, both textsbeing equally authentic, in a single copywhich shall remain deposited in thearchives of the Council of Europe. TheSecretary General shall transmit certifiedcopies to each of the signatory

governments.

Protocol No. 4 to the Convention for the Protectionof Human Rights and Fundamental Freedomssecuring certain rights and freedoms other thanthose already included in the Convention and in thefirst Protocol thereto

Strasbourg, 16.IX.1963


Being resolved to take steps to ensurethe collective enforcement of certainrights and freedoms other than thosealready included in Section I of theConvention for the Protection of HumanRights and Fundamental Freedomssigned at Rome on 4 November 1950(hereinafter referred to as the

Convention) and in Articles 1 to 3 ofthe First Protocol to the Convention,signed at Paris on 20 March 1952,Have agreed as follows:

Article 1

Prohibition of imprisonment for debtNo one shall be deprived of his libertymerely on the ground of inability to fulfila contractual obligation.

Article 2

Freedom of movement1. Everyone lawfully within theterritory of a State shall, within thatterritory, have the right to liberty ofmovement and freedom to choose hisresidence.

2. Everyone shall be free to leave anycountry, including his own.

3. No restrictions shall be placed onthe exercise of these rights other thansuch as are in accordance with law andare necessary in a democratic society in

the interests of national security orpublic safety, for the maintenance of

ordre public, for the prevention of crime,for the protection of health or morals, orfor the protection of the rights andfreedoms of others.

4. The rights set forth in paragraph 1may also be subject, in particular areas,to restrictions imposed in accordancewith law and justified by the public

interest in a democratic society.

Article 3

Prohibition of expulsion of nationals1. No one shall be expelled, by meanseither of an individual or of a collectivemeasure, from the territory of the Stateof which he is a national.

2. No one shall be deprived of the rightto enter the territory of the State ofwhich he is a national.

Article 4

Prohibition of collective expulsion ofaliensCollective expulsion of aliens is pro-hibited.

Article 5

Territorial application1. Any High Contracting Party may, atthe time of signature or ratification ofthis Protocol, or at any time thereafter,

communicate to the Secretary Generalof the Council of Europe a declaration

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Voir NoticeSee Notes

Numro de dossierFile number

RequteApplication

prsente en application de larticle 34 de la Convention europenne desDroits de lHomme,

ainsi que des articles 45 et 47 du rglement de la Cour

under Article 34 of the European Convention on Human Rightsand Rules 45 and 47 of the Rules of Court

IMPORTANT: La prsente requte est un document juridique et peut affecter vos droits et obligations.This application is a formal legal document and may affect your rights and obligations.


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- ii -

I.

A.

Les PartiesThe Parties

Le Requrant/La RequranteThe Applicant

(Renseignements fournir concernant le/la requrant(e) et son/sa reprsentant(e) ventuel(le))(Fill in the following details of the applicant and the representative, if any)

1. Nom de familleSurname

2. Prnom(s)First Name(s)

Sexe : masculin / feminineSex: male / female

3. NationalitNationality

4. ProfessionOccupation

5. Date et lieu de naissanceDate and place of birth

6. DomicilePermanent address

7. Tl nTel no.

8. Adresse actuelle (si diffrente de 6.)Present address (if different from 6.)

9. Nom et prnom du/de la reprsentant(e)1

Name of representative

10. Profession du/de la reprsentant(e)Occupation of representative

11. Adresse du/de la reprsentant(e)Address of representative

12. Tl nTel no.

Fax nFax no.

B. La Haute partie contractanteThe High Contracting Party

(Indiquer ci-aprs le nom de lEtat/des Etats contre le(s)quel(s) la requte est dirige)(Fill in the name of the State(s) against which the application is directed)

13.

1Si le/la requrant(e) est reprsent(e), joindre une procuration signe par le/la requrant(e) et son/sa reprsentant(e).If the applicant appoints a representative, attach a form of authority signed by the applicant and his or her representative.

PLEASE DETACH THIS FORM BEFORE RETURNING IT


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- iv -


III. Expos de la ou des violation(s) de la Convention et/ou des Protocolesallgue(s), ainsi que des arguments lappuiStatement of alleged violation(s) of the Convention and/or Protocols and ofrelevant arguments

(Voir 19 (c) de la notice)(See 19 (c) of the Notes)

15.


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- v -


IV. Expos relatif aux prescriptions de larticle 35 1 de la Convention1

Statement relative to article 35 1 of the Convention

(Voir 19 (d) de la notice. Donner pour chaque grief, et au besoin sur une feuille spare, les renseignementsdemands sous les points 16 18 ci-aprs)(See 19 (d) of the Notes. If necessary, give the details mentioned below under points 16 to 18 on a separatesheet for each separate complaint)

16. Dcision interne dfinitive (date et nature de la dcision, organe judiciaire ou autre layant rendue)Final decision (date, court or authority and nature of decision)

17. Autres dcisions (numres dans lordre chronologique en indiquant, pour chaque dcision, sa date, sa nature etlorgane judiciaire ou autre layant rendue)Other decisions (list in chronological order, giving date, court or authority and nature of decision for each of them)

18. Dispos(i)ez-vous dun recours que vous navez pas exerc? Si oui, lequel et pour quel motif na-t-il pas t exerc?Is there or was there any other appeal or other remedy available to you which you have not used? If so, explainwhy you have not used it.

1Si ncessaire, continuer sur une feuille spareContinue on a separate sheet if necessary


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- vi -


V. Expos de lobjet de la requteStatement of the object of the application

(Voir 19 (e) de la notice)(See 19 (e) of the Notes)

19.

VI. Autres instances internationales traitant ou ayant trait laffaireStatement concerning other international proceedings

(Voir 19 (f) de la notice)(See 19 (f) of the Notes)

20. Avez-vous soumis une autre instance internationale denqute ou de rglement les griefs noncs dans laprsente requte? Si oui, fournir des indications dtailles ce sujet.Have you submitted the above complaints to any other procedure of international investigation or settlement? If so,give full details.


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- vii -


VII. Pices annexespas doriginaux, uniquement des copies ; prire de n'utiliser ni agrafe, ni adhsif, nilien d'aucune sorte)

List of documents(no original documents, only photocopies, do not staple, tape or bind documents)

(Voir chapitre 19 (g) de la notice. Joindre copie de toutes les dcisions mentionnes sous ch. IV et VI ci-dessus.Se procurer, au besoin, les copies ncessaires, et, en cas dimpossibilit, expliquer pourquoi celles-ci ne peuvent pastre obtenues. Ces documents ne vous seront pas retourns.)(See 19 (g) of the Notes. Include copies of all decisions referred to in Parts IV and VI above. If you do not havecopies, you should obtain them. If you cannot obtain them, explain why not. No documents will be returned to you.)

21. a)

b)

c)


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- viii -

VIII. Dclaration et signatureDeclaration and signature

(Voir 19 (h) de la notice)(See 19 (h) of the Notes)

Je dclare en toute conscience et loyaut que les renseignements qui figurent sur la prsente formule de requtesont exacts.I hereby declare that, to the best of my knowledge and belief, the information I have given in the presentapplication form is correct.

LieuPlace

DateDate

(Signature du/de la requrant(e) ou du/de la reprsentant(e))(Signature of the applicant or of the representative)



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stating the extent to which it undertakesthat the provisions of this Protocol shallapply to such of the territories for theinternational relations of which it isresponsible as are named therein.

2. Any High Contracting Party whichhas communicated a declaration invirtue of the preceding paragraph may,from time to time, communicate afurther declaration modifying the termsof any former declaration or terminatingthe application of the provisions of thisProtocol in respect of any territory.

3. A declaration made in accordancewith this Article shall be deemed to havebeen made in accordance withparagraph 1 of Article 56 of theConvention.

4. The territory of any State to whichthis Protocol applies by virtue ofratification or acceptance by that State,and each territory to which this Protocolis applied by virtue of a declaration bythat State under this Article, shall betreated as separate territories for thepurpose of the references in Articles 2and 3 to the territory of a State.

5. Any State which has made a

declaration in accordance with para-graph 1 or 2 of this Article may at anytime thereafter declare on behalf of oneor more of the territories to which thedeclaration relates that it accepts thecompetence of the Court to receiveapplications from individuals, non-governmental organisations or groups ofindividuals as provided in Article 34 ofthe Convention in respect of all or any ofArticles 1 to 4 of this Protocol.

Article 6

Relationship to the ConventionAs between the High Contracting Partiesthe provisions of Articles 1 to 5 of this

Protocol shall be regarded as additionalArticles to the Convention, and all theprovisions of the Convention shall applyaccordingly.

Article 7

Signature and ratification1. This Protocol shall be open forsignature by the members of the Councilof Europe who are the signatories of theConvention; it shall be ratified at thesame time as or after the ratification of

the Convention. It shall enter into forceafter the deposit of five instruments ofratification. As regards any signatoryratifying subsequently, the Protocol shallenter into force at the date of thedeposit of its instrument of ratification.

2. The instruments of ratification shallbe deposited with the Secretary Generalof the Council of Europe, who will notifyall members of the names of those whohave ratified.

In witness whereof the undersigned,being duly authorised thereto, havesigned this Protocol.Done at Strasbourg, this 16th day ofSeptember 1963, in English and inFrench, both texts being equallyauthoritative, in a single copy whichshall remain deposited in the archives ofthe Council of Europe. The SecretaryGeneral shall transmit certified copies toeach of the signatory States.

Protocol No. 6 to the Convention for the Protectionof Human Rights and Fundamental Freedomsconcerning the abolition of the death penalty

Strasbourg, 28.IV.1983

The member States of the Council ofEurope, signatory to this Protocol to theConvention for the Protection of HumanRights and Fundamental Freedoms,

signed at Rome on 4 November 1950(hereinafter referred to as the

Convention),

Considering that the evolution that hasoccurred in several member States of

the Council of Europe expresses ageneral tendency in favour of abolition

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of the death penalty;Have agreed as follows:

Article 1

Abolition of the death penalty

The death penalty shall be abolished. Noone shall be condemned to such penaltyor executed.

Article 2

Death penalty in time of warA State may make provision in its lawfor the death penalty in respect of actscommitted in time of war or of imminentthreat of war; such penalty shall beapplied only in the instances laid downin the law and in accordance with its

provisions. The State shall communicateto the Secretary General of the Councilof Europe the relevant provisions of thatlaw.

Article 3

Prohibition of derogationsNo derogation from the provisions of thisProtocol shall be made under Article 15of the Convention.

Article 4

Prohibition of reservationsNo reservation may be made underArticle 57 of the Convention in respect ofthe provisions of this Protocol.

Article 5

Territorial application1. Any State may at the time ofsignature or when depositing itsinstrument of ratification, acceptance orapproval, specify the territory orterritories to which this Protocol shallapply.

2. Any State may at any later date, bya declaration addressed to the SecretaryGeneral of the Council of Europe, extendthe application of this Protocol to anyother territory specified in the declar-ation. In respect of such territory theProtocol shall enter into force on the firstday of the month following the date ofreceipt of such declaration by theSecretary General.

3. Any declaration made under the twopreceding paragraphs may, in respect ofany territory specified in such declar-

ation, be withdrawn by a notificationaddressed to the Secretary General. Thewithdrawal shall become effective on thefirst day of the month following the dateof receipt of such notification by theSecretary General.

Article 6

Relationship to the ConventionAs between the States Parties theprovisions of Articles 1 and 5 of thisProtocol shall be regarded as additionalArticles to the Convention and all theprovisions of the Convention shall applyaccordingly.

Article 7

Signature and ratificationThe Protocol shall be open for signatureby the member States of the Council ofEurope, signatories to the Convention. Itshall be subject to ratification, accept-ance or approval. A member State of theCouncil of Europe may not ratify, acceptor approve this Protocol unless it has,simultaneously or previously, ratified theConvention. Instruments of ratification,acceptance or approval shall be de-posited with the Secretary General of

the Council of Europe.

Article 8

Entry into force1. This Protocol shall enter into forceon the first day of the month followingthe date on which five member States ofthe Council of Europe have expressedtheir consent to be bound by theProtocol in accordance with the pro-visions of Article 7.

2. In respect of any member State

which subsequently expresses its con-sent to be bound by it, the Protocol shallenter into force on the first day of themonth following the date of the depositof the instrument of ratification, accept-ance or approval.

Article 9

Depositary functionsThe Secretary General of the Council ofEurope shall notify the member States ofthe Council of:(a) any signature;(b) the deposit of any instrument of

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ratification, acceptance or approval;(c) any date of entry into force of thisProtocol in accordance with Articles 5and 8;(d) any other act, notification orcommunication relating to this Protocol.

In witness whereof the undersigned,being duly authorised thereto, havesigned this Protocol.

Done at Strasbourg, this 28th day ofApril 1983, in English and in French,both texts being equally authentic, in asingle copy which shall be deposited inthe archives of the Council of Europe.The Secretary General of the Council of

Europe shall transmit certified copies toeach member State of the Council ofEurope.

Protocol No. 7 to the Convention for the Protectionof Human Rights and Fundamental Freedoms

Strasbourg, 22.XI.1984

The member States of the Council of Europe signatory hereto,

Being resolved to take further steps toensure the collective enforcement ofcertain rights and freedoms by means ofthe Convention for the Protection ofHuman Rights and FundamentalFreedoms signed at Rome on 4 Nov-ember 1950 (hereinafter referred to as

the Convention),Have agreed as follows:

Article 1

Procedural safeguards relating toexpulsion of aliens1. An alien lawfully resident in theterritory of a State shall not be expelledtherefrom except in pursuance of adecision reached in accordance with lawand shall be allowed:

(a) to submit reasons against hisexpulsion,(b) to have his case reviewed, and(c) to be represented for these pur-

poses before the competent authority ora person or persons designated by thatauthority.2. An alien may be expelled before theexercise of his rights under paragraph1 (a), (b) and (c) of this Article, whensuch expulsion is necessary in theinterests of public order or is groundedon reasons of national security.

Article 2

Right of appeal in criminal matters1. Everyone convicted of a criminal

offence by a tribunal shall have the rightto have his conviction or sentence

reviewed by a higher tribunal. Theexercise of this right, including thegrounds on which it may be exercised,shall be governed by law.

2. This right may be subject toexceptions in regard to offences of aminor character, as prescribed by law, orin cases in which the person concernedwas tried in the first instance by thehighest tribunal or was convicted

following an appeal against acquittal.

Article 3

Compensation for wrongfulconvictionWhen a person has by a final decisionbeen convicted of a criminal offence andwhen subsequently his conviction hasbeen reversed, or he has beenpardoned, on the ground that a new ornewly discovered fact shows conclusivelythat there has been a miscarriage of

justice, the person who has sufferedpunishment as a result of suchconviction shall be compensatedaccording to the law or the practice ofthe State concerned, unless it is provedthat the non-disclosure of the unknownfact in time is wholly or partlyattributable to him.

Article 4

Right not to be tried or punishedtwice

1. No one shall be liable to be tried orpunished again in criminal proceedings

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under the jurisdiction of the same Statefor an offence for which he has alreadybeen finally acquitted or convicted inaccordance with the law and penalprocedure of that State.

2. The provisions of the precedingparagraph shall not prevent thereopening of the case in accordance withthe law and penal procedure of the Stateconcerned, if there is evidence of new ornewly discovered facts, or if there hasbeen a fundamental defect in theprevious proceedings, which could affectthe outcome of the case.

3. No derogation from this Article shallbe made under Article 15 of theConvention.

Article 5

Equality between spousesSpouses shall enjoy equality of rightsand responsibilities of a private lawcharacter between them, and in theirrelations with their children, as tomarriage, during marriage and in theevent of its dissolution. This Article shallnot prevent States from taking suchmeasures as are necessary in theinterests of the children.

Article 6

Territorial application1. Any State may at the time ofsignature or when depositing itsinstrument of ratification, acceptance orapproval, specify the territory orterritories to which the Protocol shallapply and state the extent to which itundertakes that the provisions of thisProtocol shall apply to such territory orterritories.

2. Any State may at any later date, bya declaration addressed to the SecretaryGeneral of the Council of Europe, extendthe application of this Protocol to anyother territory specified in the declar-ation. In respect of such territory theProtocol shall enter into force on the firstday of the month following theexpiration of a period of two monthsafter the date of receipt by the SecretaryGeneral of such declaration.

3. Any declaration made under the two

preceding paragraphs may, in respect ofany territory specified in such declar-

ation, be withdrawn or modified by anotification addressed to the SecretaryGeneral. The withdrawal or modificationshall become effective on the first day ofthe month following the expiration of aperiod of two months after the date of

receipt of such notification by theSecretary General.


5. The territory of any State to whichthis Protocol applies by virtue ofratification, acceptance or approval bythat State, and each territory to whichthis Protocol is applied by virtue of adeclaration by that State under thisArticle, may be treated as separateterritories for the purpose of thereference in Article 1 to the territory of aState.

6. Any State which has made adeclaration in accordance withparagraph 1 or 2 of this Article may atany time thereafter declare on behalf ofone or more of the territories to whichthe declaration relates that it acceptsthe competence of the Court to receiveapplications from individuals, non-governmental organisations or groups ofindividuals as provided in Article 34 ofthe Convention in respect of Articles 1to 5 of this Protocol.

Article 7

Relationship to the ConventionAs between the States Parties, theprovisions of Article 1 to 6 of thisProtocol shall be regarded as additional

Articles to the Convention, and all theprovisions of the Convention shall applyaccordingly.

Article 8

Signature and ratificationThis Protocol shall be open for signatureby member States of the Council ofEurope which have signed theConvention. It is subject to ratification,acceptance or approval. A member Stateof the Council of Europe may not ratify,

accept or approve this Protocol withoutpreviously or simultaneously ratifying

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the Convention. Instruments ofratification, acceptance or approval shallbe deposited with the Secretary Generalof the Council of Europe.

Article 9

Entry into force1. This Protocol shall enter into forceon the first day of the month followingthe expiration of a period of two monthsafter the date on which seven memberStates of the Council of Europe haveexpressed their consent to be bound bythe Protocol in accordance with theprovisions of Article 8.

2. In respect of any member Statewhich subsequently expresses its

consent to be bound by it, the Protocolshall enter into force on the first day ofthe month following the expiration of aperiod of two months after the date ofthe deposit of the instrument ofratification, acceptance or approval.

Article 10

Depositary functionsThe Secretary General of the Council ofEurope shall notify all the memberStates of the Council of Europe of:

(a) any signature;(b) the deposit of any instrument ofratification, acceptance or approval;(c) any date of entry into force of thisProtocol in accordance with Articles 6and 9;(d) any other act, notification ordeclaration relating to this Protocol.

In witness whereof the undersigned,being duly authorised thereto, havesigned this Protocol.Done at Strasbourg, this 22nd day of

November 1984, in English and French,both texts being equally authentic, in asingle copy which shall be deposited inthe archives of the Council of Europe.The Secretary General of the Council ofEurope shall transmit certified copies toeach member State of the Council ofEurope.

Protocol No. 12 to the Convention

for the Protection of Human Rightsand Fundamental Freedoms

Rome, 4.XI.2000


Having regard to the fundamentalprinciple according to which all personsare equal before the law and are entitledto the equal protection of the law;Being resolved to take further steps to

promote the equality of all personsthrough the collective enforcement of ageneral prohibition of discrimination bymeans of the Convention for theProtection of Human Rights andFundamental Freedoms signed at Romeon 4 November 1950 (hereinafterreferred to as the Convention);Reaffirming that the principle of non-discrimination does not prevent StatesParties from taking measures in order topromote full and effective equality,

provided that there is an objective and

reasonable justification for thosemeasures,Have agreed as follows:

Article 1

General prohibition of discrimination1. The enjoyment of any right set forthby law shall be secured without dis-crimination on any ground such as sex,race, colour, language, religion, politicalor other opinion, national or socialorigin, association with a nationalminority, property, birth or other status.

2. No one shall be discriminatedagainst by any public authority on anyground such as those mentioned inparagraph 1.

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Article 2

Territorial application1. Any State may, at the time ofsignature or when depositing itsinstrument of ratification, acceptance or

approval, specify the territory orterritories to which this Protocol shallapply.

2. Any State may at any later date, bya declaration addressed to the SecretaryGeneral of the Council of Europe, extendthe application of this Protocol to anyother territory specified in the declar-ation. In respect of such territory theProtocol shall enter into force on the firstday of the month following theexpiration of a period of three months

after the date of receipt by the SecretaryGeneral of such declaration.

3. Any declaration made under the twopreceding paragraphs may, in respect ofany territory specified in such declar-ation, be withdrawn or modified by anotification addressed to the SecretaryGeneral of the Council of Europe. Thewithdrawal or modification shall becomeeffective on the first day of the monthfollowing the expiration of a period ofthree months after the date of receipt of

such notification by the SecretaryGeneral.


5. Any State which has made adeclaration in accordance with para-graph 1 or 2 of this Article may at anytime thereafter declare on behalf of oneor more of the territories to which the

declaration relates that it accepts thecompetence of the Court to receiveapplications from individuals, non-governmental organisations or groups ofindividuals as provided by Article 34 ofthe Convention in respect of Article 1 ofthis Protocol.

Article 3

Relationship to the ConventionAs between the States Parties, theprovisions of Articles 1 and 2 of thisProtocol shall be regarded as additionalArticles to the Convention, and all the

provisions of the Convention shall applyaccordingly.

Article 4

Signature and ratification

This Protocol shall be open for signatureby member States of the Council ofEurope which have signed theConvention. It is subject to ratification,acceptance or approval. A member Stateof the Council of Europe may not ratify,accept or approve this Protocol withoutpreviously or simultaneously ratifyingthe Convention. Instruments of ratifi-cation, acceptance or approval shall bedeposited with the Secretary General ofthe Council of Europe.

Article 5

Entry into force1. This Protocol shall enter into forceon the first day of the month followingthe expiration of a period of threemonths after the date on which tenmember States of the Council of Europehave expressed their consent to bebound by the Protocol in accordancewith the provisions of Article 4.

2. In respect of any member State

which subsequently expresses its con-sent to be bound by it, the Protocol shallenter into force on the first day of themonth following the expiration of aperiod of three months after the date ofthe deposit of the instrument of ratifi-cation, acceptance or approval.

Article 6

Depositary functionsThe Secretary General of the Council ofEurope shall notify all the member

States of the Council of Europe of:(a) any signature;(b) the deposit of any instrument ofratification, acceptance or approval;(c) any date of entry into force of thisProtocol in accordance with Articles 2and 5;(d) any other act, notification orcommunication relating to this Protocol.

In witness whereof the undersigned,being duly authorised thereto, havesigned this Protocol.Done at Rome, this 4th day of November2000, in English and in French, both


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texts being equally authentic, in a singlecopy which shall be deposited in thearchives of the Council of Europe. TheSecretary General of the Council of

Europe shall transmit certified copies toeach member State of the Council ofEurope.

Protocol No. 13 to the Conventionfor the Protection of Human Rightsand Fundamental Freedoms concerning theabolition of the death penalty in all circumstances

Vilnius, 3.V.2002


Convinced that everyones right to life is

a basic value in a democratic society andthat the abolition of the death penalty isessential for the protection of this rightand for the full recognition of theinherent dignity of all human beings;Wishing to strengthen the protection ofthe right to life guaranteed by theConvention for the Protection of HumanRights and Fundamental Freedomssigned at Rome on 4 November 1950(hereinafter referred to as theConvention);

Noting that Protocol No. 6 to theConvention concerning the abolition ofthe death penalty, signed at Strasbourgon 28 April 1983, does not exclude thedeath penalty in respect of acts com-mitted in time of war or of imminentthreat of war;Being resolved to take the final step inorder to abolish the death penalty in allcircumstances,Have agreed as follows:

Article 1

Abolition of the death penaltyThe death penalty shall be abolished. Noone shall be condemned to such penaltyor executed.

Article 2

Prohibitions of derogationsNo derogation from the provisions of thisProtocol shall be made under Article 15of the Convention.

Article 3Prohibitions of reservationsNo reservation may be made underArticle 57 of the Convention in respect ofthe provisions of this Protocol.

Article 4

Territorial application1. Any State may, at the time ofsignature or when depositing itsinstrument of ratification, acceptance orapproval, specify the territory orterritories to which this Protocol shallapply.

2. Any State may at any later date, bya declaration addressed to the SecretaryGeneral of the Council of Europe, extendthe application of this Protocol to anyother territory specified in thedeclaration. In respect of such territorythe Protocol shall enter into force on thefirst day of the month following theexpiration of a period of three monthsafter the date of receipt by the SecretaryGeneral of such declaration.

3. Any declaration made under the twopreceding paragraphs may, in respect ofany territory specified in such declar-ation, be withdrawn or modified by anotification addressed to the SecretaryGeneral. The withdrawal or modificationshall become effective on the first day ofthe month following the expiration of aperiod of three months after the date ofreceipt of such notification by theSecretary General.


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Article 5

Relationship to the ConventionAs between the States Parties theprovisions of Articles 1 to 4 of thisProtocol shall be regarded as additional

Articles to the Convention, and all theprovisions of the Convention shall applyaccordingly.

Article 6

Signature and ratificationThis Protocol shall be open for signatureby member States of the Council ofEurope which have signed theConvention. It is subject to ratification,acceptance or approval. A member Stateof the Council of Europe may not ratify,

accept or approve this Protocol withoutpreviously or simultaneously ratifyingthe Convention. Instruments of ratifi-cation, acceptance or approval shall bedeposited with the Secretary General ofthe Council of Europe.

Article 7

Entry into force1. This Protocol shall enter into forceon the first day of the month followingthe expiration of a period of three

months after the date on which tenmember States of the Council of Europehave expressed their consent to bebound by the Protocol in accordancewith the provisions of Article 6.

2. In respect of any member Statewhich subsequently expresses its con-sent to be bound by it, the Protocol shallenter into force on the first day of themonth following the expiration of aperiod of three months after the date of

the deposit of the instrument of ratifi-cation, acceptance or approval.

Article 8

Depositary functionsThe Secretary General of the Council ofEurope shall notify all the memberStates of the Council of Europe of:(a) any signature;(b) the deposit of any instrument ofratification, acceptance or approval;

(c) any date of entry into force of thisProtocol in accordance with Articles 4and 7;(d) any other act, notification orcommunication relating to this Protocol;

In witness whereof the undersigned,being duly authorised thereto, havesigned this Protocol.Done at Vilnius, this 3rd day of May2002, in English and in French, bothtexts being equally authentic, in a singlecopy which shall be deposited in the

archives of the Council of Europe. TheSecretary General of the Council ofEurope shall transmit certified copies toeach member State of the Council ofEurope


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N O T E S

for the guidance of persons wishing to apply to theEuropean Court of Human Rights

I. What cases can the Court deal with?1. The European Court of Human Rights is an international courtwhich can examine complaints from persons claiming that their rightsunder the European Convention on Human Rights have been infringed.This Convention is an international treaty by which a large number ofEuropean States have agreed to secure certain fundamental rights.The rights guaranteed are set out in the Convention itself, and also inProtocols Nos. 1, 4, 6, 7, 12 and 13 which only some of the States have

accepted. You should read these texts, which are all enclosed.2. If you consider that you have personally and directly been thevictimof a breach of one or more of these fundamental rights by one ormore of the States, you may complain to the Court.

3. The Court can only deal with complaints relating to infringementsof one or more of the rights set out in the Convention andProtocols. It is not a court of appeal vis--vis national courts andcannot annul or alter their decisions. Nor can it intervene directly onyour behalf with the authority you are complaining about.

4. The Court can only examine complaints that are directed againstStates which have ratified the Convention or the Protocol in question. It

cannot examine complaints concerning events occurring beforeratification. The dates of ratification are set out in the presentdocument.

5. You can only complain to the Court about matters which are theresponsibility of a public authority (legislature, administrativeauthority, court of law, etc.) of one of these States. The Court cannotdeal with complaints against private individuals or privateorganisations.

6. Under the terms of Article 35 1 of the Convention, the Court canonly deal with an application after all domestic remedies have beenexhausted and within a period of six months from the date on

which the final domestic decision was taken. The Court will not beable to consider any application that does not satisfy these admissibilityrequirements.

7. Exhaustion of domestic remedies means that before applying tothe Court you must first have tried to obtain a decision on the subjectmatter of your complaint from the national courts, including appealing tothe highest court which has jurisdiction. If you have not used such aremedy, you will have to show that it was ineffective.

8. When applying to the national courts, you must normally complywith national rules of procedure, including time-limits. If, forinstance, your appeal is dismissed because you have brought it too late

or in the wrong court or have not used the proper procedure, the Courtwill not be able to examine your case.


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9. However, if you are complaining of a court decision such as aconviction or sentence, it is not necessary to have tried to have yourcase reopened after going through the normal appeal procedures in thecourts. Nor do you have to have made use of remedies outside thecourts or seek a pardon or an amnesty. Petitions (to Parliament, theHead of State or Government, a minister or an ombudsman) are not

regarded as effective remedies that you must have used.

10. After a decision of the highest competent national court orauthority has been given, you have six months within which you mayapply to the Court. The six-month period begins when the finalcourt decision in the ordinary appeal process is served on you oryour lawyer, not on the date of any later refusal of an application toreopen your case or of a petition for pardon or amnesty or of any otherapplication to a public authority.

11. This six-month period will be interrupted when you send to theCourt either a first letterclearly setting out even if only in summaryform the subject-matter of the application you may wish to lodge or a

completed application form. A mere request for information is notsufficient to stop time running for the purposes of complying with thesix-month time-limit.

12. Purely for information purposes, you should be aware that morethan 90% of the applications examined by the Courtare declaredinadmissible for failure to comply with the formal conditions for anapplication.

II. How to apply to the Court13. The Courts official languagesare English and French but if it iseasier for you, you may alternatively write to the Registry in an officiallanguage of one of the States that have ratified the Convention. Duringthe initial stage of the proceedings you may also receive correspondencefrom the Court in that language. Please note, however, that at a laterstage of the proceedings, namely if the Court decides to ask theGovernment to submit written comments on your complaints, allcorrespondence from the Court will be sent to you in English or Frenchand you or your representative will in principle also be required to useEnglish or French in your subsequent submissions.

14. Applications to the Court may be made only by post (not bytelephone). If you send your application by e-mail or fax, you mustconfirm it by post. No purpose will be served by your coming to

Strasbourg in person to state your case orally.15. All correspondence relating to your complaint should be sent to thefollowing address:

The RegistrarEuropean Court of Human RightsCouncil of EuropeF67075 STRASBOURG CEDEX.

Please do not staple, seal with adhesive tape, or otherwisebindany correspondence or documents you send to the Court. All pagesshould be numbered consecutively.

16. On receipt of your first letter or the application form, the Registryof the Court will reply, telling you that a file (whose number must bementioned in all subsequent correspondence) has been opened


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in your name and sending you a set of barcodes which you shouldattach to any future correspondence. Subsequently, you may be askedfor further information, documents or particulars of your complaints. TheRegistry cannot however provide you with information about the law ofthe State against which you are making your complaint or give legaladvice concerning the application and interpretation of national law.

17. It is in your interest to reply rapidly to any correspondence fromthe Registry. Any delay or failure to reply may be taken to mean thatyou no longer wish to pursue the examination of your case.

18. If you consider that your complaints concern one of the rightsguaranteed by the Convention or one of the Protocols, and that theconditions described above are satisfied, you should fill in theapplication form carefully and legibly and send it, together withany documents required for its examination, as soon as possibleand not later than eight weeks after the date of the first letterfrom the Registry. If the application form is not sent within those eightweeks, it will be the date on which you send your completed application

form which determines whether you have complied with the six-monthtime-limit set out in Article 35 1 (see paragraphs 6 and 10 above) andnot the date of your first letter. Moreover, if the application form has notbeen returned six months from the date when it was sent to you, thiswill be taken to mean that you no longer wish to pursue the examinationof your case, and the file will be destroyed. In addition, failure toprovide further information or documents at the Registry's request mayresult in the application not being examined by the Court or beingdeclared inadmissible or struck out of the Court's list of cases.

19. When you fill in an application form, you should make sure thatyou:

(a) set out the relevant information about the parties (Section I ofthe form), with a separate sheet for each applicant, if necessary, and aform (or forms) of authority if a representative is appointed;

(b) give clear and concise details of the facts you are complainingabout (Section II). Give exact dates and try to describe the events inthe order in which they occurred. If your complaints relate to a numberof different matters (for example different sets of court proceedings),deal with each matter separately;

(c) explain as precisely as you can what your complaint under theConvention is (Section III). Say which Convention provisions you rely onand explain why the facts that you have set out in Section II involve aviolation of those provisions;

(d) give the information needed to show that you have compliedwith the time-limits and the rules on exhaustion of remedies (SectionIV). You should give the information separately for each complaint;

(e) state briefly what you want to achieve through yourapplication to the Court (Section V);

(f) indicate whether you have submitted the complaints in yourapplication to any other procedure of international investigation orsettlement (Section VI). If you have, you should give details, includingthe name of the body to which you submitted your complaints, datesand details of any proceedings which took place and details of decisions

taken. You should also submit copies of relevant decisions and otherdocuments;


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(g) enclose a list of all judgments and decisions referred to inSections IV and VI as well as any other documents you wish the Courtto take into consideration as evidence (transcripts, witness statementsetc) (Section VII). If you have not already done so, you should alsoenclose full copies of the documents themselves. No documents willbe returned to you. It is thus in your interest to submit copies,

not originals;

(h) sign the declaration. If the declaration is signed by arepresentative, a properly completed form of authority must accompanythe form, if it has not already been submitted.

20. As a general rule any information contained in the documentswhich you lodge with the Registry, including information about identifiedor identifiable persons, may be accessible to the public. Moreover, suchinformation may appear in the Courts HUDOC data base accessible viathe Internet if the Court includes it in a statement of facts prepared fornotification of the case to the respondent Government, a decision onadmissibility or striking off, or a judgment. If you do not wish your

identity to be disclosed to the public, you must say so and set out thereasons for such a departure from the normal rule of public access toinformation in the proceedings. The Court may authorise anonymityinexceptional and duly justified cases.

21. For the purpose of lodging the initial complaint, you need not berepresented by a lawyer, nor does your representative have to be alawyer. If you have legal representation, the application form must beaccompanied by your authority for the lawyer or otherrepresentative to act on your behalf. A representative of a legalentity (company, association, etc.) or group of individuals must provideproof of his or her legal right to represent it.

22. The Court does not grant legal aidto help you pay for a lawyer todraft your initial complaint. At a later stage of the proceedings after adecision by the Court to communicate the application to the governmentconcerned for written observations you may be eligible for free legalaid if you have insufficient means to pay a lawyers fees and if a grant ofsuch aid is considered necessary for the proper conduct of the case.

23. Your case will be dealt with free of charge. As the proceedingsare initially in writing, there is no point in coming to the Courtspremises in person. You will automatically be informed of any decisiontaken by the Court.


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Dates of entry into force

29

StatesConventionCETS 005

Protocol No. 1CETS 009

Protocol No. 4C

Cedo - Eng Po Pack

Documents

Transcript of Cedo - Eng Po Pack