The governments signatory hereto, being members of the Council of Europe,
Considering that, under the terms of Article 59 of the Convention for
the Protection of Human Rights and Fundamental Freedoms, signed
at Rome on 4th
November 1950 (hereinafter referred to as "the Convention"), the members of the
European Court of Human
Rights (hereinafter referred to as "the Court") are
entitled, during the discharge of their functions, to the privileges
and immunities
provided for in Article 40 of the Statute of the Council of Europe and in the Agreements
made thereunder;
Considering that it is necessary to specify and define the said privileges and
immunities in a Protocol to the General Agreement
on Privileges and
Immunities of the Council of Europe, signed at Paris on 2nd September 1949,
Have agreed as follows:
Article 1
For the purposes of this Protocol, the term "judges", means judges elected in
accordance with Article 39 of the Convention
as well as any ad hoc judge appointed
by a State party concerned in pursuance of Article 43 of the Convention.
Article 2
The judges shall, while exercising their functions and during journeys made in the
exercise of their functions, enjoy the following
privileges and immunities:
- immunity from personal arrest or detention and from seizure of their personal baggage,
and, in respect of words spoken or written
and all acts done by them in their official
capacity, immunity from legal process of every kind;
- exemption in respect of themselves and their spouses as regards any restrictions on
their freedom of movement on exit from and
return to their country of residence, and entry
into and exit from the country in which they exercise their functions; and
from aliens'
registration in the country which they are visiting or through which they are passing in
the exercise of
their functions.
Article 3
In the course of journeys undertaken in the exercise of their functions, the judges
shall, in the matter of customs and exchange
control, be accorded:
- by their own government the same facilities as those accorded to senior government
officials travelling abroad on temporary
official duty;
- by the governments of other members, the same facilities as those accorded to heads of
diplomatic missions.
Article 4
- Documents and papers of the Court, judges and Registry, in so far as they relate to the
business of the Court, shall be inviolable.
- The official correspondence and other official communications of the Court, its members
and the Registry may not be held up or
subjected to censorship.
Article 5
In order to secure for the judges complete freedom of speech and complete independence
in the discharge of their duties, the immunity
from legal process in respect of words
spoken or written and all acts done by them in discharging their duties shall continue to
be accorded, notwithstanding that the persons concerned are no longer engaged in the
discharge of such duties.
Article 6
Privileges and immunities are accorded to judges not for the personal benefit of the
individuals themselves but in order to safeguard
the independent exercise of their
functions. The Court alone, sitting in plenary session, shall be competent to waive the
immunity
of judges; it has not only the right, but is under a duty, to waive the immunity
of a judge in any case where, in its opinion,
the immunity would impede the course of
justice, and where it can be waived without prejudice to the purpose for which the
immunity
is accorded.
Article 7
- The provisions of Articles 2 to 5 of this Protocol shall apply to the Registrar of the
Court and to the Deputy Registrar when
he is acting as the Registrar, without prejudice to
any privileges and immunities to which they may be entitled under Article
18 of the
General Agreement on Privileges and Immunities of the Council of Europe.
- The provisions of Article 18 of the General Agreement on Privileges and Immunities of
the Council of Europe shall apply to the
Deputy Registrar of the Court in respect of his
services as such when he is not acting as Registrar.
- The privileges and immunities referred to in paragraphs 1 and 2 of this article are
accorded to the Registrar and Deputy Registrar,
not for the personal benefit of the
individuals themselves but to facilitate the discharge of their duties. The Court alone,
sitting in plenary session, shall be competent to waive the immunity of its Registrar and
Deputy Registrar; it has not only
the right, but is under a duty, to waive such immunity
in any case where, in its opinion, the immunity would impede the course
of justice, and
where it can be waived without prejudice to the purpose for which the immunity is
accorded.
Article 8
- Any State may, at the time of its signature without reservation in respect of
ratification, of its ratification or at any time
thereafter, declare, by notification
addressed to the Secretary General of the Council of Europe, that the present Protocol
shall extend to all or any of the territories for whose international relations it is
responsible and where, according to
Article 63 of the Convention for the Protection of
Human Rights and Fundamental Freedoms, the said Convention applies.
- The Protocol shall extend to the territory or territories named in the notification as
from the thirtieth day after the receipt
of this notification by the Secretary General of
the Council of Europe.
Article 9
This Protocol shall be open to the signature of the members of the Council of Europe
who may become parties to it either by:
- signature without reservation in respect of ratification, or by
- signature with reservation in respect of ratification followed by ratification.
Instruments of ratification shall be deposited with the Secretary General of the
Council of Europe.
Article 10
- This Protocol shall enter into force as soon as three members of the Council of Europe
shall, in accordance with Article 9, have
signed it without reservation in respect of
ratification or shall have ratified it.
- As regards any member subsequently signing it without reservation in respect of
ratification, or ratifying it, this Protocol shall
enter into force at the date of
signature or deposit of the instrument of ratification.
Article 11
The Secretary General of the Council of Europe shall notify members of the Council of:
- the names of signatories and the deposit of any instrument of ratification;
- the date of entry into force of this Protocol.
In witness whereof the undersigned, being duly authorised to that effect, have signed
the present Protocol.
Done at Paris, this 16th day of December 1961, in English and in French, both texts being
equally authoritative, in a single copy
which shall remain deposited in the archives of
the Council of Europe. The Secretary General shall send certified copies to each
of the
signatory governments.
