Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols No. 11 and 14

Transcription

1 Europen Trety Series - No. 5 Convention for the Protection of Humn Rights nd Fundmentl Freedoms, s mended y Protocols No. 11 nd 14 Rome, 4.XI.1950 Text mended y the provisions of Protocol No. 14 (CETS No. 194) s from the dte of its entry into force on 1 June The text of the Convention hd een previously mended ccording to the provisions of Protocol No. 3 (ETS No. 45), which entered into force on 21 Septemer 1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20 Decemer 1971 nd of Protocol No. 8 (ETS No. 118), which entered into force on 1 Jnury 1990, nd comprised lso the text of Protocol No. 2 (ETS No. 44) which, in ccordnce with Article 5, prgrph 3 thereof, hd een n integrl prt of the Convention since its entry into force on 21 Septemer All provisions which hd een mended or dded y these Protocols were replced y Protocol No. 11 (ETS No. 155), s from the dte of its entry into force on 1 Novemer As from tht dte, Protocol No. 9 (ETS No. 140), which entered into force on 1 Octoer 1994, ws repeled nd Protocol No. 10 (ETS no. 146) hd lost its purpose.

2 The governments signtory hereto, eing memers of the Council of Europe, Considering the Universl Declrtion of Humn Rights proclimed y the Generl Assemly of the United Ntions on 10th Decemer 1948; Considering tht this Declrtion ims t securing the universl nd effective recognition nd oservnce of the Rights therein declred; Considering tht the im of the Council of Europe is the chievement of greter unity etween its memers nd tht one of the methods y which tht im is to e pursued is the mintennce nd further relistion of humn rights nd fundmentl freedoms; Reffirming their profound elief in those fundmentl freedoms which re the foundtion of justice nd pece in the world nd re est mintined on the one hnd y n effective politicl democrcy nd on the other y common understnding nd oservnce of the humn rights upon which they depend; Being resolved, s the governments of Europen countries which re like-minded nd hve common heritge of politicl trditions, idels, freedom nd the rule of lw, to tke the first steps for the collective enforcement of certin of the rights stted in the Universl Declrtion, Hve greed s follows: Article 1 Oligtion to respect humn rights The High Contrcting Prties shll secure to everyone within their jurisdiction the rights nd freedoms defined in Section I of this Convention. Section I Rights nd freedoms Article 2 Right to life 1 Everyone's right to life shll e protected y lw. No one shll e deprived of his life intentionlly sve in the execution of sentence of court following his conviction of crime for which this penlty is provided y lw. 2 Deprivtion of life shll not e regrded s inflicted in contrvention of this rticle when it results from the use of force which is no more thn solutely necessry: c in defence of ny person from unlwful violence; in order to effect lwful rrest or to prevent the escpe of person lwfully detined; in ction lwfully tken for the purpose of quelling riot or insurrection. Article 3 Prohiition of torture No one shll e sujected to torture or to inhumn or degrding tretment or punishment. Article 4 Prohiition of slvery nd forced lour 1 No one shll e held in slvery or servitude. 2

3 2 No one shll e required to perform forced or compulsory lour. 3 For the purpose of this rticle the term forced or compulsory lour shll not include: c d ny work required to e done in the ordinry course of detention imposed ccording to the provisions of Article 5 of this Convention or during conditionl relese from such detention; ny service of militry chrcter or, in cse of conscientious ojectors in countries where they re recognised, service excted insted of compulsory militry service; ny service excted in cse of n emergency or clmity thretening the life or well-eing of the community; ny work or service which forms prt of norml civic oligtions. Article 5 Right to lierty nd security 1 Everyone hs the right to lierty nd security of person. No one shll e deprived of his lierty sve in the following cses nd in ccordnce with procedure prescried y lw: c d e f the lwful detention of person fter conviction y competent court; the lwful rrest or detention of person for non- complince with the lwful order of court or in order to secure the fulfilment of ny oligtion prescried y lw; the lwful rrest or detention of person effected for the purpose of ringing him efore the competent legl uthority on resonle suspicion of hving committed n offence or when it is resonly considered necessry to prevent his committing n offence or fleeing fter hving done so; the detention of minor y lwful order for the purpose of eductionl supervision or his lwful detention for the purpose of ringing him efore the competent legl uthority; the lwful detention of persons for the prevention of the spreding of infectious diseses, of persons of unsound mind, lcoholics or drug ddicts or vgrnts; the lwful rrest or detention of person to prevent his effecting n unuthorised entry into the country or of person ginst whom ction is eing tken with view to deporttion or extrdition. 2 Everyone who is rrested shll e informed promptly, in lnguge which he understnds, of the resons for his rrest nd of ny chrge ginst him. 3 Everyone rrested or detined in ccordnce with the provisions of prgrph 1.c of this rticle shll e rought promptly efore judge or other officer uthorised y lw to exercise judicil power nd shll e entitled to tril within resonle time or to relese pending tril. Relese my e conditioned y gurntees to pper for tril. 4 Everyone who is deprived of his lierty y rrest or detention shll e entitled to tke proceedings y which the lwfulness of his detention shll e decided speedily y court nd his relese ordered if the detention is not lwful. 3

4 5 Everyone who hs een the victim of rrest or detention in contrvention of the provisions of this rticle shll hve n enforcele right to compenstion. Article 6 Right to fir tril 1 In the determintion of his civil rights nd oligtions or of ny criminl chrge ginst him, everyone is entitled to fir nd pulic hering within resonle time y n independent nd imprtil triunl estlished y lw. Judgment shll e pronounced pulicly ut the press nd pulic my e excluded from ll or prt of the tril in the interests of morls, pulic order or ntionl security in democrtic society, where the interests of juveniles or the protection of the privte life of the prties so require, or to the extent strictly necessry in the opinion of the court in specil circumstnces where pulicity would prejudice the interests of justice. 2 Everyone chrged with criminl offence shll e presumed innocent until proved guilty ccording to lw. 3 Everyone chrged with criminl offence hs the following minimum rights: c d e to e informed promptly, in lnguge which he understnds nd in detil, of the nture nd cuse of the ccustion ginst him; to hve dequte time nd fcilities for the preprtion of his defence; to defend himself in person or through legl ssistnce of his own choosing or, if he hs not sufficient mens to py for legl ssistnce, to e given it free when the interests of justice so require; to exmine or hve exmined witnesses ginst him nd to otin the ttendnce nd exmintion of witnesses on his ehlf under the sme conditions s witnesses ginst him; to hve the free ssistnce of n interpreter if he cnnot understnd or spek the lnguge used in court. Article 7 No punishment without lw 1 No one shll e held guilty of ny criminl offence on ccount of ny ct or omission which did not constitute criminl offence under ntionl or interntionl lw t the time when it ws committed. Nor shll hevier penlty e imposed thn the one tht ws pplicle t the time the criminl offence ws committed. 2 This rticle shll not prejudice the tril nd punishment of ny person for ny ct or omission which, t the time when it ws committed, ws criminl ccording to the generl principles of lw recognised y civilised ntions. Article 8 Right to respect for privte nd fmily life 1 Everyone hs the right to respect for his privte nd fmily life, his home nd his correspondence. 4

5 2 There shll e no interference y pulic uthority with the exercise of this right except such s is in ccordnce with the lw nd is necessry in democrtic society in the interests of ntionl security, pulic sfety or the economic well-eing of the country, for the prevention of disorder or crime, for the protection of helth or morls, or for the protection of the rights nd freedoms of others. Article 9 Freedom of thought, conscience nd religion 1 Everyone hs the right to freedom of thought, conscience nd religion; this right includes freedom to chnge his religion or elief nd freedom, either lone or in community with others nd in pulic or privte, to mnifest his religion or elief, in worship, teching, prctice nd oservnce. 2 Freedom to mnifest one's religion or eliefs shll e suject only to such limittions s re prescried y lw nd re necessry in democrtic society in the interests of pulic sfety, for the protection of pulic order, helth or morls, or for the protection of the rights nd freedoms of others. Article 10 Freedom of expression 1 Everyone hs the right to freedom of expression. This right shll include freedom to hold opinions nd to receive nd imprt informtion nd ides without interference y pulic uthority nd regrdless of frontiers. This rticle shll not prevent Sttes from requiring the licensing of rodcsting, television or cinem enterprises. 2 The exercise of these freedoms, since it crries with it duties nd responsiilities, my e suject to such formlities, conditions, restrictions or penlties s re prescried y lw nd re necessry in democrtic society, in the interests of ntionl security, territoril integrity or pulic sfety, for the prevention of disorder or crime, for the protection of helth or morls, for the protection of the reputtion or rights of others, for preventing the disclosure of informtion received in confidence, or for mintining the uthority nd imprtility of the judiciry. Article 11 Freedom of ssemly nd ssocition 1 Everyone hs the right to freedom of peceful ssemly nd to freedom of ssocition with others, including the right to form nd to join trde unions for the protection of his interests. 2 No restrictions shll e plced on the exercise of these rights other thn such s re prescried y lw nd re necessry in democrtic society in the interests of ntionl security or pulic sfety, for the prevention of disorder or crime, for the protection of helth or morls or for the protection of the rights nd freedoms of others. This rticle shll not prevent the imposition of lwful restrictions on the exercise of these rights y memers of the rmed forces, of the police or of the dministrtion of the Stte. Article 12 Right to mrry Men nd women of mrrigele ge hve the right to mrry nd to found fmily, ccording to the ntionl lws governing the exercise of this right. 5

6 Article 13 Right to n effective remedy Everyone whose rights nd freedoms s set forth in this Convention re violted shll hve n effective remedy efore ntionl uthority notwithstnding tht the violtion hs een committed y persons cting in n officil cpcity. Article 14 Prohiition of discrimintion The enjoyment of the rights nd freedoms set forth in this Convention shll e secured without discrimintion on ny ground such s sex, rce, colour, lnguge, religion, politicl or other opinion, ntionl or socil origin, ssocition with ntionl minority, property, irth or other sttus. Article 15 Derogtion in time of emergency 1 In time of wr or other pulic emergency thretening the life of the ntion ny High Contrcting Prty my tke mesures derogting from its oligtions under this Convention to the extent strictly required y the exigencies of the sitution, provided tht such mesures re not inconsistent with its other oligtions under interntionl lw. 2 No derogtion from Article 2, except in respect of deths resulting from lwful cts of wr, or from Articles 3, 4 (prgrph 1) nd 7 shll e mde under this provision. 3 Any High Contrcting Prty viling itself of this right of derogtion shll keep the Secretry Generl of the Council of Europe fully informed of the mesures which it hs tken nd the resons therefor. It shll lso inform the Secretry Generl of the Council of Europe when such mesures hve cesed to operte nd the provisions of the Convention re gin eing fully executed. Article 16 Restrictions on politicl ctivity of liens Nothing in Articles 10, 11 nd 14 shll e regrded s preventing the High Contrcting Prties from imposing restrictions on the politicl ctivity of liens. Article 17 Prohiition of use of rights Nothing in this Convention my e interpreted s implying for ny Stte, group or person ny right to engge in ny ctivity or perform ny ct imed t the destruction of ny of the rights nd freedoms set forth herein or t their limittion to greter extent thn is provided for in the Convention. Article 18 Limittion on use of restrictions on rights The restrictions permitted under this Convention to the sid rights nd freedoms shll not e pplied for ny purpose other thn those for which they hve een prescried. 6

7 Section II Europen Court of Humn Rights Article 19 Estlishment of the Court To ensure the oservnce of the enggements undertken y the High Contrcting Prties in the Convention nd the Protocols thereto, there shll e set up Europen Court of Humn Rights, hereinfter referred to s "the Court". It shll function on permnent sis. Article 20 Numer of judges The Court shll consist of numer of judges equl to tht of the High Contrcting Prties. Article 21 Criteri for office 1 The judges shll e of high morl chrcter nd must either possess the qulifictions required for ppointment to high judicil office or e jurisconsults of recognised competence. 2 The judges shll sit on the Court in their individul cpcity. 3 During their term of office the judges shll not engge in ny ctivity which is incomptile with their independence, imprtility or with the demnds of full-time office; ll questions rising from the ppliction of this prgrph shll e decided y the Court. Article 22 Election of judges 1 The judges shll e elected y the Prlimentry Assemly with respect to ech High Contrcting Prty y mjority of votes cst from list of three cndidtes nominted y the High Contrcting Prty. Article 23 Terms of office nd dismissl 2 1 The judges shll e elected for period of nine yers. They my not e re-elected. 2 The terms of office of judges shll expire when they rech the ge of The judges shll hold office until replced. They shll, however, continue to del with such cses s they lredy hve under considertion. 4 No judge my e dismissed from office unless the other judges decide y mjority of twothirds tht tht judge hs cesed to fulfil the required conditions. Article 24 Registry nd rpporteurs 2 1 The Court shll hve registry, the functions nd orgnistion of which shll e lid down in the rules of the Court. 1 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 2 Article renumered, heding nd text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 7

8 2 When sitting in single-judge formtion, the Court shll e ssisted y rpporteurs who shll function under the uthority of the President of the Court. They shll form prt of the Court s registry. Article 25 Plenry Court 1 The plenry Court shll c d e elect its President nd one or two Vice-Presidents for period of three yers; they my e re-elected; set up Chmers, constituted for fixed period of time; elect the Presidents of the Chmers of the Court; they my e re-elected; dopt the rules of the Court; elect the Registrr nd one or more Deputy Registrrs; f mke ny request under Article 26, prgrph 2. Article 26 Single-judge formtion, committees, Chmers nd Grnd Chmer 1 1 To consider cses rought efore it, the Court shll sit in single-judge formtion, in committees of three judges, in Chmers of seven judges nd in Grnd Chmer of seventeen judges. The Court s Chmers shll set up committees for fixed period of time. 2 At the request of the plenry Court, the Committee of Ministers my, y unnimous decision nd for fixed period, reduce to five the numer of judges of the Chmers. 3 When sitting s single judge, judge shll not exmine ny ppliction ginst the High Contrcting Prty in respect of which tht judge hs een elected. 4 There shll sit s n ex officio memer of the Chmer nd the Grnd Chmer the judge elected in respect of the High Contrcting Prty concerned. If there is none or if tht judge is unle to sit, person chosen y the President of the Court from list sumitted in dvnce y tht Prty shll sit in the cpcity of judge. 5 The Grnd Chmer shll lso include the President of the Court, the Vice-Presidents, the Presidents of the Chmers nd other judges chosen in ccordnce with the rules of the Court. When cse is referred to the Grnd Chmer under Article 43, no judge from the Chmer which rendered the judgment shll sit in the Grnd Chmer, with the exception of the President of the Chmer nd the judge who st in respect of the High Contrcting Prty concerned. 1 Article renumered, heding nd text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 8

9 Article 27 Competence of single judges 1 1 A single judge my declre indmissile or strike out of the Court s list of cses n ppliction sumitted under Article 34, where such decision cn e tken without further exmintion. 2 The decision shll e finl. 3 If the single judge does not declre n ppliction indmissile or strike it out, tht judge shll forwrd it to committee or to Chmer for further exmintion. Article 28 Competence of committees 2 1 In respect of n ppliction sumitted under Article 34, committee my, y unnimous vote, declre it indmissile or strike it out of its list of cses, where such decision cn e tken without further exmintion; or declre it dmissile nd render t the sme time judgment on the merits, if the underlying question in the cse, concerning the interprettion or the ppliction of the Convention or the Protocols thereto, is lredy the suject of well-estlished cse-lw of the Court. 2 Decisions nd judgments under prgrph 1 shll e finl. 3 If the judge elected in respect of the High Contrcting Prty concerned is not memer of the committee, the committee my t ny stge of the proceedings invite tht judge to tke the plce of one of the memers of the committee, hving regrd to ll relevnt fctors, including whether tht Prty hs contested the ppliction of the procedure under prgrph 1.. Article 29 Decisions y Chmers on dmissiility nd merits 3 1 If no decision is tken under Article 27 or 28, or no judgment rendered under Article 28, Chmer shll decide on the dmissiility nd merits of individul pplictions sumitted under Article 34. The decision on dmissiility my e tken seprtely. 2 A Chmer shll decide on the dmissiility nd merits of inter-stte pplictions sumitted under Article 33. The decision on dmissiility shll e tken seprtely unless the Court, in exceptionl cses, decides otherwise. Article 30 Relinquishment of jurisdiction to the Grnd Chmer Where cse pending efore Chmer rises serious question ffecting the interprettion of the Convention or the protocols thereto, or where the resolution of question efore the Chmer might hve result inconsistent with judgment previously delivered y the Court, the Chmer my, t ny time efore it hs rendered its judgment, relinquish jurisdiction in fvour of the Grnd Chmer, unless one of the prties to the cse ojects. 1 New rticle ccording to the provisions of Protocol No. 14 (CETS No. 194). 2 Heding nd text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 3 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 9

10 Article 31 Powers of the Grnd Chmer 1 The Grnd Chmer shll determine pplictions sumitted either under Article 33 or Article 34 when Chmer hs relinquished jurisdiction under Article 30 or when the cse hs een referred to it under Article 43; decide on issues referred to the Court y the Committee of Ministers in ccordnce with Article 46, prgrph 4; nd c consider requests for dvisory opinions sumitted under Article 47. Article 32 Jurisdiction of the Court 1 1 The jurisdiction of the Court shll extend to ll mtters concerning the interprettion nd ppliction of the Convention nd the protocols thereto which re referred to it s provided in Articles 33, 34, 46 nd In the event of dispute s to whether the Court hs jurisdiction, the Court shll decide. Article 33 Inter-Stte cses Any High Contrcting Prty my refer to the Court ny lleged rech of the provisions of the Convention nd the protocols thereto y nother High Contrcting Prty. Article 34 Individul pplictions The Court my receive pplictions from ny person, non-governmentl orgnistion or group of individuls climing to e the victim of violtion y one of the High Contrcting Prties of the rights set forth in the Convention or the protocols thereto. The High Contrcting Prties undertke not to hinder in ny wy the effective exercise of this right. Article 35 Admissiility criteri 1 1 The Court my only del with the mtter fter ll domestic remedies hve een exhusted, ccording to the generlly recognised rules of interntionl lw, nd within period of six months from the dte on which the finl decision ws tken. 2 The Court shll not del with ny ppliction sumitted under Article 34 tht is nonymous; or is sustntilly the sme s mtter tht hs lredy een exmined y the Court or hs lredy een sumitted to nother procedure of interntionl investigtion or settlement nd contins no relevnt new informtion. 3 The Court shll declre indmissile ny individul ppliction sumitted under Article 34 if it considers tht : 1 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 10

11 the ppliction is incomptile with the provisions of the Convention or the Protocols thereto, mnifestly ill-founded, or n use of the right of individul ppliction; or the pplicnt hs not suffered significnt disdvntge, unless respect for humn rights s defined in the Convention nd the Protocols thereto requires n exmintion of the ppliction on the merits nd provided tht no cse my e rejected on this ground which hs not een duly considered y domestic triunl. 4 The Court shll reject ny ppliction which it considers indmissile under this Article. It my do so t ny stge of the proceedings. Article 36 Third prty intervention 1 1 In ll cses efore Chmer or the Grnd Chmer, High Contrcting Prty one of whose ntionls is n pplicnt shll hve the right to sumit written comments nd to tke prt in herings. 2 The President of the Court my, in the interest of the proper dministrtion of justice, invite ny High Contrcting Prty which is not prty to the proceedings or ny person concerned who is not the pplicnt to sumit written comments or tke prt in herings. 3 In ll cses efore Chmer or the Grnd Chmer, the Council of Europe Commissioner for Humn Rights my sumit written comments nd tke prt in herings. Article 37 Striking out pplictions 1 The Court my t ny stge of the proceedings decide to strike n ppliction out of its list of cses where the circumstnces led to the conclusion tht c the pplicnt does not intend to pursue his ppliction; or the mtter hs een resolved; or for ny other reson estlished y the Court, it is no longer justified to continue the exmintion of the ppliction. However, the Court shll continue the exmintion of the ppliction if respect for humn rights s defined in the Convention nd the protocols thereto so requires. 2 The Court my decide to restore n ppliction to its list of cses if it considers tht the circumstnces justify such course. Article 38 Exmintion of the cse 2 The Court shll exmine the cse together with the representtives of the prties nd, if need e, undertke n investigtion, for the effective conduct of which the High Contrcting Prties concerned shll furnish ll necessry fcilities. 1 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 2 Heding nd text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 11

12 Article 39 Friendly settlements 1 1 At ny stge of the proceedings, the Court my plce itself t the disposl of the prties concerned with view to securing friendly settlement of the mtter on the sis of respect for humn rights s defined in the Convention nd the Protocols thereto. 2 Proceedings conducted under prgrph 1 shll e confidentil. 3 If friendly settlement is effected, the Court shll strike the cse out of its list y mens of decision which shll e confined to rief sttement of the fcts nd of the solution reched. 4 This decision shll e trnsmitted to the Committee of Ministers, which shll supervise the execution of the terms of the friendly settlement s set out in the decision. Article 40 Pulic herings nd ccess to documents 1 Herings shll e in pulic unless the Court in exceptionl circumstnces decides otherwise. 2 Documents deposited with the Registrr shll e ccessile to the pulic unless the President of the Court decides otherwise. Article 41 Just stisfction If the Court finds tht there hs een violtion of the Convention or the protocols thereto, nd if the internl lw of the High Contrcting Prty concerned llows only prtil reprtion to e mde, the Court shll, if necessry, fford just stisfction to the injured prty. Article 42 Judgments of Chmers Judgments of Chmers shll ecome finl in ccordnce with the provisions of Article 44, prgrph 2. Article 43 Referrl to the Grnd Chmer 1 Within period of three months from the dte of the judgment of the Chmer, ny prty to the cse my, in exceptionl cses, request tht the cse e referred to the Grnd Chmer. 2 A pnel of five judges of the Grnd Chmer shll ccept the request if the cse rises serious question ffecting the interprettion or ppliction of the Convention or the protocols thereto, or serious issue of generl importnce. 3 If the pnel ccepts the request, the Grnd Chmer shll decide the cse y mens of judgment. Article 44 Finl judgments 1 The judgment of the Grnd Chmer shll e finl. 2 The judgment of Chmer shll ecome finl 1 Heding nd text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 12

13 when the prties declre tht they will not request tht the cse e referred to the Grnd Chmer; or three months fter the dte of the judgment, if reference of the cse to the Grnd Chmer hs not een requested; or c when the pnel of the Grnd Chmer rejects the request to refer under Article The finl judgment shll e pulished. Article 45 Resons for judgments nd decisions 1 Resons shll e given for judgments s well s for decisions declring pplictions dmissile or indmissile. 2 If judgment does not represent, in whole or in prt, the unnimous opinion of the judges, ny judge shll e entitled to deliver seprte opinion. Article 46 Binding force nd execution of judgments 1 1 The High Contrcting Prties undertke to ide y the finl judgment of the Court in ny cse to which they re prties. 2 The finl judgment of the Court shll e trnsmitted to the Committee of Ministers, which shll supervise its execution. 3 If the Committee of Ministers considers tht the supervision of the execution of finl judgment is hindered y prolem of interprettion of the judgment, it my refer the mtter to the Court for ruling on the question of interprettion. A referrl decision shll require mjority vote of two thirds of the representtives entitled to sit on the Committee. 4 If the Committee of Ministers considers tht High Contrcting Prty refuses to ide y finl judgment in cse to which it is prty, it my, fter serving forml notice on tht Prty nd y decision dopted y mjority vote of two thirds of the representtives entitled to sit on the Committee, refer to the Court the question whether tht Prty hs filed to fulfil its oligtion under prgrph 1. 5 If the Court finds violtion of prgrph 1, it shll refer the cse to the Committee of Ministers for considertion of the mesures to e tken. If the Court finds no violtion of prgrph 1, it shll refer the cse to the Committee of Ministers, which shll close its exmintion of the cse. Article 47 Advisory opinions 1 The Court my, t the request of the Committee of Ministers, give dvisory opinions on legl questions concerning the interprettion of the Convention nd the protocols thereto. 2 Such opinions shll not del with ny question relting to the content or scope of the rights or freedoms defined in Section I of the Convention nd the protocols thereto, or with ny other question which the Court or the Committee of Ministers might hve to consider in consequence of ny such proceedings s could e instituted in ccordnce with the Convention. 1 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 13

14 3 Decisions of the Committee of Ministers to request n dvisory opinion of the Court shll require mjority vote of the representtives entitled to sit on the Committee. Article 48 Advisory jurisdiction of the Court The Court shll decide whether request for n dvisory opinion sumitted y the Committee of Ministers is within its competence s defined in Article 47. Article 49 Resons for dvisory opinions 1 Resons shll e given for dvisory opinions of the Court. 2 If the dvisory opinion does not represent, in whole or in prt, the unnimous opinion of the judges, ny judge shll e entitled to deliver seprte opinion. 3 Advisory opinions of the Court shll e communicted to the Committee of Ministers. Article 50 Expenditure on the Court The expenditure on the Court shll e orne y the Council of Europe. Article 51 Privileges nd immunities of judges The judges shll e entitled, during the exercise of their functions, to the privileges nd immunities provided for in Article 40 of the Sttute of the Council of Europe nd in the greements mde thereunder. Section III Miscellneous provisions Article 52 Inquiries y the Secretry Generl On receipt of request from the Secretry Generl of the Council of Europe ny High Contrcting Prty shll furnish n explntion of the mnner in which its internl lw ensures the effective implementtion of ny of the provisions of the Convention. Article 53 Sfegurd for existing humn rights Nothing in this Convention shll e construed s limiting or derogting from ny of the humn rights nd fundmentl freedoms which my e ensured under the lws of ny High Contrcting Prty or under ny other greement to which it is Prty. Article 54 Powers of the Committee of Ministers Nothing in this Convention shll prejudice the powers conferred on the Committee of Ministers y the Sttute of the Council of Europe. Article 55 Exclusion of other mens of dispute settlement The High Contrcting Prties gree tht, except y specil greement, they will not vil themselves of treties, conventions or declrtions in force etween them for the purpose of sumitting, y wy of petition, dispute rising out of the interprettion or ppliction of this Convention to mens of settlement other thn those provided for in this Convention. 14

15 Article 56 Territoril ppliction 1 Any Stte my t the time of its rtifiction or t ny time therefter declre y notifiction ddressed to the Secretry Generl of the Council of Europe tht the present Convention shll, suject to prgrph 4 of this Article, extend to ll or ny of the territories for whose interntionl reltions it is responsile. 2 The Convention shll extend to the territory or territories nmed in the notifiction s from the thirtieth dy fter the receipt of this notifiction y the Secretry Generl of the Council of Europe. 3 The provisions of this Convention shll e pplied in such territories with due regrd, however, to locl requirements. 4 Any Stte which hs mde declrtion in ccordnce with prgrph 1 of this rticle my t ny time therefter declre on ehlf of one or more of the territories to which the declrtion reltes tht it ccepts the competence of the Court to receive pplictions from individuls, non-governmentl orgnistions or groups of individuls s provided y Article 34 of the Convention. Article 57 Reservtions 1 Any Stte my, when signing this Convention or when depositing its instrument of rtifiction, mke reservtion in respect of ny prticulr provision of the Convention to the extent tht ny lw then in force in its territory is not in conformity with the provision. Reservtions of generl chrcter shll not e permitted under this rticle. 2 Any reservtion mde under this rticle shll contin rief sttement of the lw concerned. Article 58 Denuncition 1 A High Contrcting Prty my denounce the present Convention only fter the expiry of five yers from the dte on which it ecme prty to it nd fter six months' notice contined in notifiction ddressed to the Secretry Generl of the Council of Europe, who shll inform the other High Contrcting Prties. 2 Such denuncition shll not hve the effect of relesing the High Contrcting Prty concerned from its oligtions under this Convention in respect of ny ct which, eing cple of constituting violtion of such oligtions, my hve een performed y it efore the dte t which the denuncition ecme effective. 3 Any High Contrcting Prty which shll cese to e memer of the Council of Europe shll cese to e Prty to this Convention under the sme conditions. 4 The Convention my e denounced in ccordnce with the provisions of the preceding prgrphs in respect of ny territory to which it hs een declred to extend under the terms of Article

16 Article 59 Signture nd rtifiction 1 1 This Convention shll e open to the signture of the memers of the Council of Europe. It shll e rtified. Rtifictions shll e deposited with the Secretry Generl of the Council of Europe. 2 The Europen Union my ccede to this Convention. 3 The present Convention shll come into force fter the deposit of ten instruments of rtifiction. 4 As regrds ny signtory rtifying susequently, the Convention shll come into force t the dte of the deposit of its instrument of rtifiction. 5 The Secretry Generl of the Council of Europe shll notify ll the memers of the Council of Europe of the entry into force of the Convention, the nmes of the High Contrcting Prties who hve rtified it, nd the deposit of ll instruments of rtifiction which my e effected susequently. Done t Rome this 4th dy of Novemer 1950, in English nd French, oth texts eing eqully uthentic, in single copy which shll remin deposited in the rchives of the Council of Europe. The Secretry Generl shll trnsmit certified copies to ech of the signtories. 1 Text mended ccording to the provisions of Protocol No. 14 (CETS No. 194). 16