Communication from the Ministry of Foreign Affairs No. 106 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of a European Agreement on persons involved in proceedings before the European Commission and the Court of Human Rights
Valid
International Treaty
Effective from 28.04.1996
Text versions:
30.04.1996
106
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 6 May 1969 a European Agreement was adopted in London on persons involved in proceedings before the European Commission and the Court of Human Rights.
On behalf of the Czech Republic, the Agreement was signed in Strasbourg on 4 July 1995.
The agreement was approved by the Parliament of the Czech Republic and approved by the Czech Parliament pursuant to Article 39 (4) of the Constitution as an international treaty on human rights and fundamental freedoms within the meaning of Article 10 of the Constitution of the Czech Republic. The President of the Republic ratified it with a statement that the provisions of Article 4 (2) (a) of the Agreement will not be applied to the citizens of the Czech Republic.
The instrument of ratification was deposited with the depositary, Secretary-General of the Council of Europe, on 27 March 1996.
The Agreement entered into force on 17 April 1971 on the basis of Article 8 (1) and entered into force on 28 April 1996 for the Czech Republic pursuant to paragraph 2 thereof.
The Czech translation of the agreement is announced simultaneously.
EUROPEAN AGREEMENT
on persons taking part in proceedings before the European Commission and the Court of Human Rights
Member States of the Council of Europe which have signed this Agreement,
having regard to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 ("the Convention ');
Believing that, in order to better implement the objectives of the Convention, it is important that persons who are parties to proceedings before the European Commission on Human Rights (hereinafter referred to as the Commission) or the European Court of Human Rights (hereinafter referred to as the Court of First Instance) be granted certain immunity and advantages;
Desiring to conclude an agreement to that end;
agree on the following:
1. This Agreement shall apply to:
(a) representatives of the Contracting Parties, as well as advisers and lawyers who assist them;
(b) persons who are parties to proceedings before the Commission pursuant to Article 25 of the Convention, on their own behalf or as representatives of one of the applicants referred to in that Article 25;
(c) lawyers, legal advisers or professors of law who participate in proceedings to contribute through one of the persons referred to in (b) above;
(d) persons elected by Commission representatives to assist them in the proceedings before the Court of First Instance;
(e) witnesses, experts and other persons summoned by the Commission or the Court of First Instance to take part in proceedings before the Commission or the Court of First Instance.
2. For the purposes of this Agreement, the terms "Commission 'and" Court of First Instance' shall also include the sub-committee, chamber or members of the two institutions exercising, as the case may be, functions under the provisions of the Convention or the Rules of Procedure of the Commission or of the Court of First Instance; the term "participating 'also includes any notification for the purpose of lodging a complaint against a State which has recognised the right of an individual complaint under Article 25 of the Convention.
3. If, in the performance of its duties under Article 32 of the Convention, the Committee of Ministers calls on or invites a person referred to in paragraph 1 of this Article to submit written observations, the provisions of this Agreement shall also apply to him.
1. The persons referred to in paragraph 1 of Article 1 of this Agreement shall enjoy immunity in the context of proceedings in respect of their oral or written observations made before the Commission or the Court of First Instance or the documents or other evidence which they have submitted to them.
2. Such immunity shall not apply to any communication or part thereof, made outside the Commission or the Court of First Instance by a person or on behalf of a person enjoying immunity under the preceding paragraph, of such observations, documents or evidence or parts thereof made or submitted to the Commission or the Court of First Instance.
1. The Parties shall recognise the right of persons referred to in paragraph 1 of Article 1 of this Agreement to write freely with the Commission and the Court of First Instance.
2. In the case of detainees, the exercise of that right shall include in particular:
(a) their correspondence, if controlled by the competent authorities, their dispatch and service without undue delay and without changes;
(b) a prohibition on such persons being subjected to disciplinary measures for communications sent by appropriate means to the Commission or the Court of First Instance;
(c) the right of such persons, if they go to the Commission for a complaint and the procedures relating thereto, to write to and consult with a legal adviser entitled to appear before the courts of the country where they are detained without anyone else hearing them.
3. The public authority may intervene in the implementation of the preceding paragraphs only in respect of legal intervention and in a democratic society necessary in the interests of national security, search and prosecution of a criminal offence or health protection.
1. (a) The Contracting Parties undertake not to prevent persons referred to in paragraph 1 of Article 1 of the Agreement whose presence has been given prior agreement by the Commission or the Court of First Instance on free movement and travel for the purpose of taking part in proceedings before the Commission or the Court of First Instance and subsequent return.
(b) Such movement and travel may be subject only to restrictions which are necessary in accordance with the law and in a democratic society for the sake of national security or for maintaining public order, preventing crime, protecting health or morale, and protecting the rights and freedoms of others.
2. (a) In the countries of transit and in the countries in which the proceedings are held, such persons may not be prosecuted, detained or subjected to any other restriction of liberty for acts or convictions which took place before the journey begins.
(b) Any Contracting Party may, when signing or ratifying this Agreement, declare that the provisions of this paragraph shall not apply to its own nationals. Such a declaration may be withdrawn at any time by a notification sent to the Secretary-General of the Council of Europe.
3. The Contracting Parties undertake to allow return to their territory to all those persons who began their journey on it.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply where the person concerned has been able to return to the country where his journey began within 15 consecutive days after the Commission or the Court of First Instance no longer required his presence.
5. Where there is a conflict between the obligations of a Contracting Party under paragraph 2 of this Article and those arising under a Council of Europe Convention, the extradition agreements or other mutual assistance agreements in criminal matters concluded with other Contracting Parties, the provisions of paragraph 2 of this Article shall prevail.
1. Immunities and benefits shall be granted to persons referred to in paragraph 1 of Article 1 of this Agreement only in order to ensure their freedom of expression and independence necessary for the performance of their functions, duties or duties or for the exercise of their rights in respect of the Commission and the Court of First Instance.
2. (a) Only the Commission or the Court of First Instance shall have jurisdiction to revoke, in whole or in part, the immunity guaranteed by paragraph 1 of Article 2 of this Agreement; they have not only the right but also the obligation to revoke immunity in all cases where they consider that it would interfere with the exercise of justice and its total or partial abolition will not prejudice the purpose set out in paragraph 1 of this Article.
(b) The Commission or the Court of First Instance may revoke immunity either by official authority or at the request of the Secretary-General of the Council of Europe by any Contracting Party or by any interested party.
(c) The decision to revoke or reject the immunity shall be justified.
3. If a Contracting Party confirms that the revocation of the immunity guaranteed by paragraph 1 of Article 2 of this Agreement is necessary for the purpose of criminal prosecution due to a threat to national security, the Commission or the Court of First Instance shall revoke the immunity to the extent provided for by this certificate.
4. If it becomes apparent that, given its nature, it could have a decisive influence and that at the time of the decision to refuse immunity, the applicant was unknown, the latter may submit a new application to the Commission or to the Court of First Instance.
Nothing in this Agreement shall be interpreted in such a way as to restrict or revoke obligations assumed by the Contracting Parties under the Convention.
1. This Agreement shall be open for signature to the Member States of the Council of Europe which may become its party:
(a) by signature without reservation of ratification or acceptance;
(b) by signature, subject to ratification or acceptance followed by ratification or acceptance.
2. The instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.
1. This Agreement shall enter into force one month after the date on which five Council Member States became Parties to the Agreement pursuant to Article 7.
2. For each Member State which subsequently signs or ratifies or adopts an agreement without reservation of ratification or acceptance, the Agreement shall enter into force one month after the date of signature, deposit of the instrument of ratification or acceptance.
1. Each Contracting Party may, upon signature or deposit of the instrument of ratification or acceptance, designate one or more territories to which this Agreement will apply.
2. Each Contracting Party may, when depositing its instrument of ratification or acceptance or at any later date, extend the application of this Agreement by a declaration sent to the Secretary-General of the Council of Europe, to any other territory referred to in this Declaration and for whose international contacts it is responsible or for which it is entitled to assume its obligations.
3. Any declaration effective under the preceding paragraph may be withdrawn in respect of any territory referred to in that declaration under the conditions laid down in Article 10 of this Agreement.
1. This Agreement shall be of unlimited duration.
2. Each Contracting Party may terminate this Agreement by means of a communication to the Secretary-General of the Council of Europe.
3. This statement shall take effect six months from the date on which such communication was received by the Secretary-General. The denunciation may not exempt a Contracting Party from any obligation arising from this Agreement against any person referred to in paragraph 1 of Article 1.
The Secretary-General of the Council of Europe shall notify the Member States of the Council of:
(a) any signature without reservation of ratification or acceptance;
(b) any signature subject to ratification or acceptance;
(c) the deposit of any instrument of ratification or acceptance;
(d) the date of entry into force of this Agreement pursuant to Article 8;
(e) any declaration received pursuant to paragraph 2 of Article 4 and paragraphs 2 and 3 of Article 9;
(f) any communication of the withdrawal of a declaration in accordance with the provisions of paragraph 2 of Article 4, of any communication received in accordance with the provisions of Article 10 and of the date on which any statement becomes effective.
They have signed this agreement to prove the signature of the signature duly empowered to do so.
Done at London, 6 May 1969, in English and French, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall send certified copies to all signatory States.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 106 / 1996 Coll., on the negotiation of a European Agreement on persons involved in proceedings before the European Commission and the Court of Human Rights |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1996 |
|---|---|
| Effective from | 28.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0