Communication from the Federal Ministry of Foreign Affairs No 209 / 1992 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the Protection of Human Rights and Fundamental Freedoms and Protocols to this Convention
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Effective from 18.03.1992
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209
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 21 February 1991, the Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos 3, 5 and 8, negotiated in Rome on 4 November 1950, was signed in Madrid on behalf of the Czech and Slovak Federal Republic, and the following additional contractual documents were annexed to this Convention:
Additional protocol, negotiated in Paris on 20 March 1952,
Protocol No 2, negotiated in Strasbourg on 6 May 1963,
Protocol 4, negotiated in Strasbourg on 16 September 1963,
Protocol 6, negotiated in Strasbourg on 28 April 1983, and
Protocol No 7, negotiated in Strasbourg on 22 November 1984.
Both the Convention and the Protocols have been agreed by the Federal Assembly of the Czech and Slovak Federal Republic and have been ratified by the President of the Czech and Slovak Federal Republic with the fact that the Czech and Slovak Federal Republic, pursuant to Article 64 of the Convention, makes reservations on Articles 5 and 6 of the Convention in the sense that these provisions do not prevent the imposition of disciplinary prison sentences under Article 17 of Act No. 76 / 1959 Coll., on certain service conditions of soldiers. The instruments of ratification were deposited with the Secretary-General of the Council of Europe, depositary of the Convention, on 18 March 1992.
When the Convention was ratified, a declaration was made:
The Czech and Slovak Federal Republic declares that for a period of five years, which will be silently extended for another five years if the Czech and Slovak Federal Republics do not withdraw their declaration before the end of the current period:
(a) recognises the power of the European Commission on Human Rights to accept, pursuant to Article 25 of the Convention, complaints from persons, non-governmental organisations or groups of persons deemed to be injured as a result of a breach of the rights conferred by the Convention on the Protection of Human Rights and Fundamental Freedoms, Articles 1-4 of Protocol 4 and Articles 1-5 of Protocol No 7, where the infringement of the rights arising from such documents has occurred after their entry into force for the Czech and Slovak Federal Republic;
(b) Recognises, on the basis of reciprocity, the competence of the European Court of Human Rights under Article 46 of the Convention on the Protection of Human Rights and Fundamental Freedoms to interpret and apply the Convention, Articles 1-4 of Protocol 4 and Articles 1-5 of Protocol No 7, where the infringement of the rights deriving from these documents occurred after their entry into force for the Czech and Slovak Federal Republic.
The Convention entered into force on 3 September 1953 on the basis of Article 66 (2) thereof. It entered into force for the Czech and Slovak Federal Republic in accordance with Article 66 (3) on 18 March 1992.
The Additional Protocol entered into force on 18 May 1954 under Article 6 and entered into force on 18 March 1992 for CSFR under the same Article.
Protocol 2 entered into force on 21 September 1970 pursuant to Article 5 (2) and entered into force on 18 March 1992 for CSFR pursuant to Article 1 (b).
Protocol 4 entered into force on 2 May 1968 pursuant to Article 7 (1) and entered into force on 18 March 1992 for CSFR pursuant to that Article.
Protocol 6 entered into force on 1 March 1985 and 1 April 1992 for CSFR pursuant to Article 8 (1).
Protocol No 7 entered into force on 1 November 1988 on the basis of Article 9 (1) and will enter into force on 1 June 1992 for CSFR pursuant to Article 2.
Czech translations of the Convention and Protocols are announced separately.
CONVENTION
on the protection of human rights and fundamental freedoms as amended by Protocols 3, 5 and 8
Signed governments, members of the Council of Europe,
bearing in mind the Universal Declaration of Human Rights issued by the United Nations General Assembly on 10 December 1948;
bearing in mind that this declaration is aimed at ensuring the universal and effective recognition and respect for the rights declared therein;
bearing in mind that the Council of Europe's objective is to achieve greater unity between its members and that one way to implement this objective is to protect and further develop human rights and fundamental freedoms;
reaffirming their deep faith in those fundamental freedoms, which are the basis of justice and peace in the world and which are best maintained on the one hand by effective political democracy and, on the other, by the common concept and respect for human rights on which they depend;
decisions, as governments of European states, which are the same in mind and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps towards the collective guarantee of certain rights declared in the Universal Declaration;
agree on the following:
The High Contracting Parties shall grant to anyone subject to their jurisdiction, rights and freedoms as set out in Title I of this Convention.
1. Everyone's right to live is protected by the law. No person may be intentionally deprived of his life except for the execution of a court-ordered sentence following the recognition of the guilt of committing the offence for which the law imposes that sentence.
2. Waiving of life shall not be considered to be caused in contravention of this Article if it results from the use of a force which is not more than absolutely necessary when:
(a) the defence of any person against illegal violence;
(b) the conduct of the lawful arrest or prevention of the escape of a person legally detained;
(c) a legally implemented action to combat riot or rebellion.
No one shall be tortured or subjected to inhuman or degrading treatment or punishment.
1. No one must be held in slavery or serenity.
2. No one will be required to do forced or compulsory work.
3. For the purposes of this Article, "forced or compulsory work 'shall not be considered as:
(a) the work normally required in the execution of a sentence imposed pursuant to Article 5 of this Convention or at the time of the suspension of the sentence;
(b) military service or, in the case of persons who refuse military service for reasons of conscience in countries where such refusal of military service is recognised, another service required instead of compulsory military service;
(c) the service required in the event of an emergency or disaster which threatens the life or welfare of the community;
(d) work or service which forms part of ordinary civil obligations.
1. Everyone has the right to freedom and personal security. No one shall be deprived of liberty except in the following cases, if this is in accordance with the procedure laid down by law:
(a) lawful imprisonment following conviction by the competent court;
(b) the lawful arrest or other deprivation of liberty of a person because it did not comply with a judgment given by a court under the law or in order to guarantee compliance with the obligation laid down by the law;
(c) the lawful arrest or other deprivation of liberty of a person for the purpose of being brought before the competent judicial authority for a reasonable suspicion of the commission of a criminal offence, or where there are reasonable grounds to believe that it is necessary to prevent the commission of a criminal offence or to flee after its commission;
(d) other deprivation of a minor's freedom under a statutory decision for the purposes of educational supervision or of its lawful deprivation of liberty for the purposes of bringing him before the competent authority;
(e) the lawful possession of persons in order to prevent the spread of infectious disease, or of persons mentally ill, alcoholics, addicts or vagabonds;
(f) the lawful arrest or other deprivation of liberty of a person in order to prevent his unauthorised entry into the territory or the person against whom expulsion or extradition proceedings are pending.
2. Anyone who is arrested must be informed immediately and in a language which he understands, of the reasons for his arrest and of any charges against him.
3. Any person arrested or otherwise deprived of liberty in accordance with the provisions of paragraph 1 (b). (c) this Article shall be brought immediately before a judge or other official person empowered by law to exercise jurisdiction and shall have the right to be tried within a reasonable period of time or to be dismissed during the proceedings. Release may be subject to a guarantee that the person concerned appears for trial.
4. Anyone who has been deprived of liberty by arrest or otherwise shall have the right to bring an application for proceedings in which the court would promptly rule on the lawfulness of his deprivation of liberty and order his release if the deprivation of liberty is unlawful.
5. Anyone who has been the victim of an arrest or detention contrary to the provisions of this Article shall be entitled to compensation.
1. Everyone shall have the right to have his or her affairs dealt with in a fair, public and appropriate manner by an independent and impartial court established by law, which shall decide on his or her civil rights or obligations or on the validity of any criminal charges against him. The judgment must be declared publicly, but the press and the public may be excluded either for the entire or part of the process in the interests of morality, public order or national security in a democratic society, or where the interests of minors or the protection of the private life of the participants so require, or, to the extent deemed absolutely necessary by the court, if, in the light of special circumstances, the public proceedings could be prejudicial to the interests of justice.
2. Anyone accused of a crime shall be considered innocent until his guilt has been proven legally.
3. Anyone charged with a crime shall have the following minimum rights:
(a) be immediately and in a language to which he understands, fully aware of the nature and reason for the charge against him;
(b) have adequate time and opportunities to prepare their defence;
(c) defend himself in person or with the assistance of a lawyer of his choice or, if he does not have the means to pay a lawyer, to be granted free of charge if the interests of justice so require;
(d) to question or have witnesses against each other and to obtain a summons and interviews of witnesses for their benefit on the same terms as witnesses against each other;
(e) have the assistance of an interpreter free of charge if he does not understand or speak the language used in a court of law.
1. No person may be convicted of acts or omissions which, at the time they were committed, were not a criminal offence under national or international law. Nor shall a more severe penalty be imposed than could be imposed at the time of the offence.
2. This Article shall not prevent the trial and punishment of a person for acts or omissions committed at the time of the act being punishable under the general principles of law recognised by civilised nations.
1. Everyone has the right to respect for their private and family life, homes and correspondence.
2. A State authority may not intervene in the exercise of that right except where it is legally and necessary in a democratic society in the interests of national security, public security, the economic well-being of the country, the prevention of unrest and crime, the protection of health or morale or the protection of the rights and freedoms of others.
1. Everyone has the right to freedom of thought, conscience and religion; that right includes the freedom to change their religion or belief, as well as the freedom to express their religion or belief alone or together with others, whether publicly or privately, by worship, teaching, performing religious acts and maintaining ceremonies.
2. Freedom of religion and belief may be subject only to restrictions laid down by law and which are necessary in a democratic society in the interests of public security, protection of public order, health or morality or protection of the rights and freedoms of others.
1. Everyone has the right to freedom of expression. This right includes freedom to hold opinions and to receive and disseminate information or ideas without interference by state authorities and regardless of borders. This Article shall not prevent States from requiring authorisations to radio, television or film companies.
2. The exercise of those freedoms, as it includes both obligations and responsibilities, may be subject to the formalities, conditions, restrictions or penalties provided for by law and necessary in a democratic society in the interests of national security, territorial integrity or public security, the prevention of unrest and crime, the protection of health or morale, the protection of reputation or the rights of others, the prevention of the leak of confidential information or the preservation of the authority and impartiality of the judiciary.
1. Everyone has the right to the freedom of peaceful assembly and to the freedom to associate with others, including the right to establish or enter trade unions in defence of their interests.
2. No restrictions may be imposed on the exercise of these rights except those laid down by law and necessary in a democratic society in the interests of national security, public security, the prevention of unrest and crime, the protection of health or morality or the protection of the rights and freedoms of others. This Article shall not prevent the imposition of legal restrictions on the exercise of such rights by members of the armed forces, police and public administration.
Men and women eligible for marriage age have the right to marry and to establish a family in accordance with national laws governing the exercise of that right.
Any person whose rights and freedoms conferred by this Convention have been infringed shall have effective remedies before the national authority, even if the infringement has been committed by persons in the performance of official duties.
Use of the rights and freedoms conferred by this Agreement The Convention must be ensured without discrimination based on any reason such as sex, race, colour, language, religion, political or other thinking, national or social origin, belonging to a national minority, property, genus or other status.
1. In the event of war or of any other public threat to state existence, any High Contracting Party may take measures to withdraw from the obligations laid down in this Convention to the extent strictly required by the urgency of the situation, unless such measures are incompatible with other obligations under international law.
2. Under that provision, Article 2 may not be withdrawn, except for deaths resulting from lawful acts of war, and Articles 3, 4 (1) and 7.
3. Each High Contracting Party, exercising its right of withdrawal, shall fully inform the Secretary-General of the Council of Europe of the measures it has taken and of the reasons therefor. The Secretary-General of the Council of Europe will also inform when these measures have expired and when the provisions of the Convention will be fully implemented.
Nothing in Articles 10, 11 and 14 can be regarded as preventing the High Contracting Parties from imposing restrictions on the political activities of foreigners.
Nothing in this Convention can be interpreted as giving the State, group or individual any right to engage in any activity or to commit acts aimed at the destruction of any of the rights and freedoms granted here or to restrict those rights and freedoms to a greater extent than the Convention provides for.
The restrictions allowed by this Convention for those rights and freedoms shall not be used for any purpose other than that for which they were intended.
In order to ensure compliance with the commitments made by the High Contracting Parties in this Convention, the following shall be established:
(a) the European Commission on Human Rights, hereinafter referred to as "the Commission";
(b) the European Court of Human Rights, hereinafter referred to as "the Court."
1. The Commission shall be composed of a number of members equal to the number of High Contracting Parties. There may be only one member of the same State in the Commission.
The Commission shall meet in plenary. However, it may form chambers, each composed of at least seven members. Comoros may discuss complaints submitted pursuant to Article 25 of this Convention which may be dealt with on the basis of established case-law or which do not raise serious questions as to the interpretation or implementation of the Convention. Within those limits and subject to paragraph 5 of this Article, the Chambers shall exercise all the powers conferred on the Commission by the Convention. A member of the Commission elected to the High Contracting Party against whom a complaint has been lodged shall have the right to sit in the Chamber which has been assigned this submission.
3. The Commission may set up committees, each of which shall consist of at least three members who have the power to declare unanimously unacceptable or to remove from the list of complaints lodged pursuant to Article 25, provided that such a decision can be taken without further examination.
4. The Chamber or the Committee may at any time waive jurisdiction in favour of the plenary session of the Commission, which may also order that any action assigned to it by the Chamber or the Committee be referred to it.
5. Only a plenary session of the Commission may exercise the following powers:
(a) examine the submissions submitted pursuant to Article 24;
(b) refer the case to the Tribunal pursuant to Article 48a;
(c) approve the rules of procedure referred to in Article 36.
1. The members of the Commission shall be elected by the Committee of Ministers by a simple majority of the votes on the list drawn up by the Bureau of the Advisory Assembly; each group of representatives of the High Contracting Parties in the Advisory Assembly shall submit three candidates, at least two of which shall be members.
2. The same procedure shall apply to the widest extent when supplementing the Commission if other States become later Parties to this Convention and when occupying occasional vacancies.
3. Candidates shall have a high moral character and comply with the conditions required for the exercise of high judicial functions or be recognised experts in national or international law.
The members of the Commission shall be elected for a period of six years. They may be re-elected. However, the term of office of seven members elected in the first election shall end after three years.
2. Members whose term of office ends with the expiry of the initial three-year period shall be designated by a draw drawn by the Secretary-General of the Council of Europe immediately after the first elections have been completed.
3. In order to ensure, as far as possible, that one half of the members of the Commission are renewed every three years, the Committee of Ministers may decide, before any further choice is made, that the term of office of one or more members to be elected shall be different from six years; but not more than nine years and not less than three years.
4. In cases where more than one term of office is involved and where the Committee of Ministers shall act in accordance with the preceding paragraph, that term shall be assigned by a draw drawn by the Secretary-General of the Council of Europe immediately after the elections.
5. A member of the Commission who is elected to the post of a member whose term of office has not expired shall serve for the remainder of his predecessor's term.
6. Members of the Commission shall remain in office until they are replaced. After their replacement, they continue to discuss the cases they consider.
The members of the Commission shall meet there as private persons. In their term of office, they may not engage in any activity incompatible with their independence or impartiality as members of the Commission or with the requirements of the Office.
Each High Contracting Party may submit to the Commission, through the Secretary-General of the Council of Europe, any alleged breach of the provisions of this Convention by another High Contracting Party.
1. The Commission may accept complaints sent to the Secretary-General of the Council of Europe by any person, non-governmental organisation or group of persons deemed to be injured as a result of a breach of the rights conferred by this Convention by one of the High Contracting Parties where the High Contracting Party complained against has declared that it recognises the power of the Commission to accept such complaints. The High Contracting Parties which have made such a declaration undertake not to prevent the effective exercise of this right.
2. Such declarations may be made for a fixed period.
3. The declaration shall be deposited with the Secretary-General of the Council of Europe, who shall send copies to the High Contracting Parties and publish them.
4. The Commission shall exercise the powers provided for in this Article only after at least six High Contracting Parties are bound by the declarations referred to in the preceding paragraphs.
The Commission may only assess the case after all national remedies have been exhausted under generally accepted rules of international law and within six months of the date on which the final decision was taken.
1. The Commission shall not examine any complaint submitted pursuant to Article 25 which is:
(a) anonymous;
(b) essentially the same as a complaint already dealt with by the Commission, or other international investigative or conciliation instances already submitted, unless it contains any new relevant information.
2. The Commission shall declare unacceptable any complaint submitted pursuant to Article 25 if it considers it incompatible with the provisions of this Convention, manifestly unfounded or an abuse of the right to a complaint.
3. The Commission shall reject any complaint it considers unacceptable under Article 26.
1. If the Commission accepts the complaint,
(a) examine the complaint together with the representatives of the parties in order to establish the facts and, if necessary, carry out an investigation for the effective management of which the participating States, following an exchange of views with the Commission, shall provide all the possibilities;
(b) at the same time, it shall be made available to interested parties in order to achieve a friendly settlement on the basis of respect for human rights as provided for in this Convention.
2. If the Commission succeeds in an amicable settlement, it shall draw up a report to be sent to the participating States, the Committee of Ministers and the Secretary-General of the Council of Europe for publication. This report shall be limited to a brief presentation of the facts and the solution adopted.
However, following receipt of a complaint submitted pursuant to Article 25, the Commission may, by a two-thirds majority of its members, refuse a complaint if, in its examination, the Commission finds that there is one of the reasons for the inadmissibility referred to in Article 27.
In that case, the decision shall be communicated to the parties.
1. The Commission may decide at any stage of the procedure to remove a complaint from the list of cases where circumstances permit the conclusion that:
(a) the applicant no longer intends to maintain its complaints; or
(b) the matter has already been resolved; or
(c) for any other reason found by the Commission, it is no longer appropriate to continue the examination of the complaint.
However, the Commission continues to examine the complaint if the respect of human rights provided for by the Convention so requires.
2. If the Commission decides to remove a complaint from the list after its adoption, it shall draw up a report containing the facts and decisions setting out the grounds on which the withdrawal is based. The report shall be delivered to the Parties and to the Committee of Ministers for information. The Commission may publish it.
3. The Commission may decide to return the complaint to the list of cases if it considers that the circumstances justify such action.
1. If the examination of a complaint has not ended in accordance with Article 28 (2), 29 or 30, the Commission shall draw up a report setting out the facts and expressing its opinion as to whether the facts established indicate infringements of the obligations of the relevant State under the Convention. This report may express the personal views of the members of the Commission.
2. The report shall be forwarded to the Committee of Ministers; it is also delivered to participating States which are not authorised to publish it.
3. When submitting the report to the Committee of Ministers, the Commission may make any proposals it deems appropriate.
1. If, within a period of three months from the date of service of the report of the Committee of Ministers, the matter is not referred to the Court of First Instance pursuant to Article 48 of this Convention, the Committee of Ministers shall decide by a two-thirds majority of the representatives authorised to sit in the Committee if there has been a breach of the Convention.
2. In the affirmative, the Committee of Ministers shall set a time limit within which the High Contracting Party concerned must take the measures required by a decision of the Committee of Ministers.
3. If the High Contracting Party concerned has not taken satisfactory measures within the time limit laid down, the Committee of Ministers shall decide, after approval by a majority laid down in the preceding paragraph 1, the consequences of its original decision and publish the report.
4. The High Contracting Parties undertake to consider any decision taken by the Committee of Ministers under the preceding paragraphs to be binding.
Commission meetings shall not be public.
Subject to Articles 20 (3) and 29, decisions of the Commission shall be taken by a majority of the members present and voting.
The Commission shall meet as necessary. Meetings shall be convened by the Secretary-General of the Council of Europe.
The Commission shall establish rules of procedure.
The Commission Secretariat shall be provided by the Secretary-General of the Council of Europe.
The European Court of Human Rights shall consist of a number of judges equal to the number of members of the Council of Europe. Only one member of the same State may be a judge.
1. The members of the Tribunal shall be elected by a majority of the Advisory Assembly from a list submitted by the members of the Council of Europe, each of which shall be submitted by three candidates, at least two of whom shall be members.
2. The same procedure shall apply to the widest possible extent when supplementing the Court of First Instance when other States are later Parties to this Convention and when occupying occasional vacancies.
3. Candidates shall have a high moral character and comply with the conditions required for the performance of high judicial functions or be recognised lawyers.
1. The members of the Tribunal shall be elected for a period of nine years and may be re-elected. However, the term of office of four members elected at the first election shall end at the end of the third year and the term of office of four additional members at the end of the sixth year.
(2) Members whose term of office ends with the expiry of the initial three-year or six-year term shall be designated by a draw to be made by the Secretary-General of the Council of Europe immediately after the first elections.
3. In order to ensure, as far as possible, that one third of the members of the Court of First Instance are renewed every three years, the Advisory Assembly may decide, before making any further choice, that the term of office of one or more members of the Court of First Instance to be elected shall be different from nine years; but not more than 12 years and not less than six years.
4. In the case of more than one term of office and the Advisory Assembly acting in accordance with the preceding paragraph, those periods shall be allocated by drawing lots to be made by the Secretary-General of the Council of Europe immediately after the elections.
5. A member of the Tribunal who has been elected to replace a member whose term of office has not expired shall serve for the remainder of his predecessor's term of office.
6. Members of the Tribunal shall remain in office until they are replaced. After their replacement, they continue to discuss those cases which they are already considering.
7. The Members of the Court of First Instance shall sit in it as private persons. In their term of office, they may not engage in an activity incompatible with their independence or impartiality as members of the Tribunal or with the requirements of that Office.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 209 / 1992 Coll., on the negotiation of the Convention on the Protection of Human Rights and Fundamental Freedoms and Protocols to this Convention |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1992 |
|---|---|
| Effective from | 18.03.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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