PROTOCOL No. 11 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RESTRUCTURING THE CONTROL MACHINERY ESTABLISHED THEREBY

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1 Europen Trety Series - No. 155 PROTOCOL No. 11 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RESTRUCTURING THE CONTROL MACHINERY ESTABLISHED THEREBY Strsourg, 11.V.1994

2 2 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 The memer Sttes of the Council of Europe, signtories to this Protocol to the Convention for the Protection of Humn Rights nd Fundmentl Freedoms, signed t Rome on 4 Novemer 1950 (hereinfter referred to s the Convention ), Considering the urgent need to restructure the control mchinery estlished y the Convention in order to mintin nd improve the efficiency of its protection of humn rights nd fundmentl freedoms, minly in view of the increse in the numer of pplictions nd the growing memership of the Council of Europe; Considering tht it is therefore desirle to mend certin provisions of the Convention with view, in prticulr, to replcing the existing Europen Commission nd Court of Humn Rights with new permnent Court; Hving regrd to Resolution No. 1 dopted t the Europen Ministeril Conference on Humn Rights, held in Vienn on 19 nd 20 Mrch 1985; Hving regrd to Recommendtion 1194 (1992), dopted y the Prlimentry Assemly of the Council of Europe on 6 Octoer 1992; Hving regrd to the decision tken on reform of the Convention control mchinery y the Heds of Stte nd Government of the Council of Europe memer Sttes in the Vienn Declrtion on 9 Octoer 1993, Hve greed s follows: Article 1 The existing text of Sections II to IV of the Convention (Articles 19 to 56) nd Protocol No. 2 conferring upon the Europen Court of Humn Rights competence to give dvisory opinions shll e replced y the following Section II of the Convention (Articles 19 to 51): 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

3 3 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 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. 2 The sme procedure shll e followed to complete the Court in the event of the ccession of new High Contrcting Prties nd in filling csul vcncies. Article 23 Terms of office 1 The judges shll e elected for period of six yers. They my e re-elected. However, the terms of office of one-hlf of the judges elected t the first election shll expire t the end of three yers. 2 The judges whose terms of office re to expire t the end of the initil period of three yers shll e chosen y lot y the Secretry Generl of the Council of Europe immeditely fter their election. 3 In order to ensure tht, s fr s possile, the terms of office of one-hlf of the judges re renewed every three yers, the Prlimentry Assemly my decide, efore proceeding to ny susequent election, tht the term or terms of office of one or more judges to e elected shll e for period other thn six yers ut not more thn nine nd not less thn three yers. 4 In cses where more thn one term of office is involved nd where the Prlimentry Assemly pplies the preceding prgrph, the lloction of the terms of office shll e effected y drwing of lots y the Secretry Generl of the Council of Europe immeditely fter the election. 5 A judge elected to replce judge whose term of office hs not expired shll hold office for the reminder of his predecessor s term. 6 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. Article 24 Dismissl No judge my e dismissed from his office unless the other judges decide y mjority of two-thirds tht he hs cesed to fulfil the required conditions. Article 25 Registry nd legl secretries The Court shll hve registry, the functions nd orgnistion of which shll e lid down in the rules of the Court. The Court shll e ssisted y legl secretries.

4 4 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Article 26 Plenry Court 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; nd elect the Registrr nd one or more Deputy Registrrs. Article 27 Committees, Chmers nd Grnd Chmer 1 To consider cses rought efore it, the Court shll sit 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 There shll sit s n ex officio memer of the Chmer nd the Grnd Chmer the judge elected in respect of the Stte Prty concerned or, if there is none or if he is unle to sit, person of its choice who shll sit in the cpcity of judge. 3 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 Stte Prty concerned. Article 28 Declrtions of indmissiility y committees A committee my, y unnimous vote, declre indmissile or strike out of its list of cses n individul ppliction sumitted under Article 34 where such decision cn e tken without further exmintion. The decision shll e finl. Article 29 Decisions y Chmers on dmissiility nd merits 1 If no decision is tken under Article 28, Chmer shll decide on the dmissiility nd merits of individul pplictions sumitted under Article A Chmer shll decide on the dmissiility nd merits of inter-stte pplictions sumitted under Article The decision on dmissiility shll e tken seprtely unless the Court, in exceptionl cses, decides otherwise.

5 5 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 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. Article 31 Powers of the Grnd Chmer 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; nd consider requests for dvisory opinions sumitted under Article 47. Article 32 Jurisdiction of the Court 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 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 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 individul ppliction sumitted under Article 34 tht is nonymous; or

6 6 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 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 which it considers incomptile with the provisions of the Convention or the protocols thereto, mnifestly ill-founded, or n use of the right of ppliction. 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 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. 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 nd friendly settlement proceedings 1 If the Court declres the ppliction dmissile, it shll pursue the exmintion of the cse, together with the representtives of the prties, nd if need e, undertke n investigtion, for the effective conduct of which the Sttes concerned shll furnish ll necessry fcilities; 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.

7 7 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Article 39 Finding of friendly settlement 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. Article 40 Pulic herings nd ccess to documents 1 Herings shll e 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 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 43.

8 8 ETS 155 Humn Rights (Protocol No. 11), 11.V 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 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. 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. 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.

9 9 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Article 2 1 Section V of the Convention shll ecome Section III of the Convention; Article 57 of the Convention shll ecome Article 52 of the Convention; Articles 58 nd 59 of the Convention shll e deleted, nd Articles 60 to 66 of the Convention shll ecome Articles 53 to 59 of the Convention respectively. 2 Section I of the Convention shll e entitled Rights nd freedoms nd new Section III of the Convention shll e entitled Miscellneous provisions. Articles 1 to 18 nd new Articles 52 to 59 of the Convention shll e provided with hedings, s listed in the ppendix to this Protocol. 3 In new Article 56, in prgrph 1, the words, suject to prgrph 4 of this Article, shll e inserted fter the word shll ; in prgrph 4, the words Commission to receive petitions nd in ccordnce with Article 25 of the present Convention shll e replced y the words Court to receive pplictions nd s provided in Article 34 of the Convention respectively. In new Article 58, prgrph 4, the words Article 63 shll e replced y the words Article The Protocol to the Convention shll e mended s follows the Articles shll e provided with the hedings listed in the ppendix to the present Protocol; nd in Article 4, lst sentence, the words of Article 63 shll e replced y the words of Article Protocol No. 4 shll e mended s follows the Articles shll e provided with the hedings listed in the ppendix to the present Protocol; in Article 5, prgrph 3, the words of Article 63 shll e replced y the words of Article 56 ; new prgrph 5 shll e dded, which shll red Any Stte which hs mde declrtion in ccordnce with prgrph 1 or 2 of this Article 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 in Article 34 of the Convention in respect of ll or ny of Articles 1 to 4 of this Protocol. ; nd c prgrph 2 of Article 6 shll e deleted. 6 Protocol No. 6 shll e mended s follows the Articles shll e provided with the hedings listed in the ppendix to the present Protocol; nd in Article 4 the words under Article 64 shll e replced y the words under Article Protocol No. 7 shll e mended s follows the Articles shll e provided with the hedings listed in the ppendix to the present Protocol;

10 10 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 in Article 6, prgrph 4, the words of Article 63 shll e replced y the words of Article 56 ; new prgrph 6 shll e dded, which shll red

11 11 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Any Stte which hs mde declrtion in ccordnce with prgrph 1 or 2 of this Article 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 in Article 34 of the Convention in respect of Articles 1 to 5 of this Protocol. ; nd c prgrph 2 of Article 7 shll e deleted. 8 Protocol No. 9 shll e repeled. Article 3 1 This Protocol shll e open for signture y memer Sttes of the Council of Europe signtories to the Convention, which my express their consent to e ound y signture without reservtion s to rtifiction, cceptnce or pprovl; or signture suject to rtifiction, cceptnce or pprovl, followed y rtifiction, cceptnce or pprovl. 2 The instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. Article 4 This Protocol shll enter into force on the first dy of the month following the expirtion of period of one yer fter the dte on which ll Prties to the Convention hve expressed their consent to e ound y the Protocol in ccordnce with the provisions of Article 3. The election of new judges my tke plce, nd ny further necessry steps my e tken to estlish the new Court, in ccordnce with the provisions of this Protocol from the dte on which ll Prties to the Convention hve expressed their consent to e ound y the Protocol. Article 5 1 Without prejudice to the provisions in prgrphs 3 nd 4 elow, the terms of office of the judges, memers of the Commission, Registrr nd Deputy Registrr shll expire t the dte of entry into force of this Protocol. 2 Applictions pending efore the Commission which hve not een declred dmissile t the dte of the entry into force of this Protocol shll e exmined y the Court in ccordnce with the provisions of this Protocol. 3 Applictions which hve een declred dmissile t the dte of entry into force of this Protocol shll continue to e delt with y memers of the Commission within period of one yer therefter. Any pplictions the exmintion of which hs not een completed within the foresid period shll e trnsmitted to the Court which shll exmine them s dmissile cses in ccordnce with the provisions of this Protocol.

12 12 ETS 155 Humn Rights (Protocol No. 11), 11.V With respect to pplictions in which the Commission, fter the entry into force of this Protocol, hs dopted report in ccordnce with former Article 31 of the Convention, the report shll e trnsmitted to the prties, who shll not e t lierty to pulish it. In ccordnce with the provisions pplicle prior to the entry into force of this Protocol, cse my e referred to the Court. The pnel of the Grnd Chmer shll determine whether one of the Chmers or the Grnd Chmer shll decide the cse. If the cse is decided y Chmer, the decision of the Chmer shll e finl. Cses not referred to the Court shll e delt with y the Committee of Ministers cting in ccordnce with the provisions of former Article 32 of the Convention. 5 Cses pending efore the Court which hve not een decided t the dte of entry into force of this Protocol shll e trnsmitted to the Grnd Chmer of the Court, which shll exmine them in ccordnce with the provisions of this Protocol. 6 Cses pending efore the Committee of Ministers which hve not een decided under former Article 32 of the Convention t the dte of entry into force of this Protocol shll e completed y the Committee of Ministers cting in ccordnce with tht Article. Article 6 Where High Contrcting Prty hd mde declrtion recognising the competence of the Commission or the jurisdiction of the Court under former Article 25 or 46 of the Convention with respect to mtters rising fter or sed on fcts occurring susequent to ny such declrtion, this limittion shll remin vlid for the jurisdiction of the Court under this Protocol. Article 7 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of c d ny signture; the deposit of ny instrument of rtifiction, cceptnce or pprovl; the dte of entry into force of this Protocol or of ny of its provisions in ccordnce with Article 4; nd ny other ct, notifiction or communiction relting to this Protocol. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Strsourg, this 11th dy of My 1994, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe.

13 Appendix

14 14 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Appendix Hedings of rticles to e inserted into the text of the Convention for the Protection of Humn Rights nd Fundmentl Freedoms nd its protocols 1 Article 1 Oligtion to respect humn rights Article 2 Right to life Article 3 Prohiition of torture Article 4 Prohiition of slvery nd forced lour Article 5 Right to lierty nd security Article 6 Right to fir tril Article 7 No punishment without lw Article 8 Right to respect for privte nd fmily life Article 9 Freedom of thought, conscience nd religion Article 10 Freedom of expression Article 11 Freedom of ssemly nd ssocition Article 12 Right to mrry Article 13 Right to n effective remedy Article 14 Prohiition of discrimintion Article 15 Derogtion in time of emergency Article 16 Restrictions on politicl ctivity of liens Article 17 Prohiition of use of rights Article 18 Limittion on use of restrictions on rights [...] Article 52 Enquiries y the Secretry Generl Article 53 Sfegurd for existing humn rights Article 54 Powers of the Committee of Ministers Article 55 Exclusion of other mens of dispute settlement Article 56 Territoril ppliction Article 57 Reservtions Article 58 Denuncition Article 59 Signture nd rtifiction Protocol Article 1 Protection of property Article 2 Right to eduction Article 3 Right to free elections Article 4 Territoril ppliction Article 5 Reltionship to the Convention Article 6 Signture nd rtifiction Protocol No. 4 Article 1 Prohiition of imprisonment for det Article 2 Freedom of movement Article 3 Prohiition of expulsion of ntionls Article 4 Prohiition of collective expulsion of liens Article 5 Territoril ppliction Article 6 Reltionship to the Convention Article 7 Signture nd rtifiction Protocol No. 6 Article 1 Aolition of the deth penlty 1 Hedings hve lredy een dded to new Articles 19 to 51 of the Convention y the present Protocol.

15 15 ETS 155 Humn Rights (Protocol No. 11), 11.V.1994 Article 2 Deth penlty in time of wr Article 3 Prohiition of derogtions Article 4 Prohiition of reservtions Article 5 Territoril ppliction Article 6 Reltionship to the Convention Article 7 Signture nd rtifiction Article 8 Entry into force Article 9 Depositry functions Protocol No. 7 Article 1 Procedurl sfegurds relting to expulsion of liens Article 2 Right of ppel in criminl mtters Article 3 Compenstion for wrongful conviction Article 4 Right not to e tried or punished twice Article 5 Equlity etween spouses Article 6 Territoril ppliction Article 7 Reltionship to the Convention Article 8 Signture nd rtifiction Article 9 Entry into force Article 10 Depositry functions