The member States of the Council of Europe, signatories hereto,
Having regard to the Convention for the Protection of Human Rights and
Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter
referred to as
"the Convention");
Having regard to Protocol No. 11 to the Convention, restructuring the
control machinery established thereby, signed at Strasbourg
on 11 May 1994
(hereinafter referred to as "Protocol No. 11 to the Convention"), which
establishes a permanent European
Court of Human Rights (hereinafter referred to as
"the Court") to replace the European Commission and Court of Human
Rights;
Also having regard to Article 51 of the Convention which specifies that judges 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;
Recalling the General Agreement on Privileges and Immunities of the
Council of Europe, signed at Paris on 2 September 1949, (hereinafter
referred to as
"the General Agreement"), and its Second, Fourth and Fifth Protocols;
Considering that a new Protocol to the General Agreement is advisable to accord privileges
and immunities to the judges of the Court,
Have agreed as follows:
Article 1
In addition to the privileges and immunities specified in Article 18 of the General
Agreement, judges shall be accorded in respect
of themselves, their spouses and minor
children the privileges and immunities, exemptions and facilities accorded to diplomatic
envoys in accordance with international law.
Article 2
For the purposes of this Protocol, the term "judges" means judges elected in
accordance with Article 22 of the Convention
as well as any ad hoc judge appointed
by a State Party concerned in pursuance of Article 27, paragraph 2, of the Convention.
Article 3
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 4
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 plenary Court alone 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 5
- The provisions of Articles 1, 3 and 4 of this Protocol shall apply to the Registrar of
the Court and a Deputy Registrar formally
notified as Acting Registrar to the States
Parties to the Convention.
- The provisions of Article 3 of this Protocol and Article 18 of the General Agreement
shall apply to a Deputy Registrar of the
Court.
- The privileges and immunities referred to in paragraphs 1 and 2 of this Article are
accorded to the Registrar and a Deputy Registrar
not for the personal benefit of the
individuals themselves but to facilitate the discharge of their duties. The plenary Court
alone shall be competent to waive the immunity of its Registrar and a 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.
- The Secretary General of the Council of Europe shall be competent to waive, with the
agreement of the President of the Court,
the immunity of other staff members of the
registry in accordance with the provisions of Article 19 of the General Agreement
and
having due regard to the considerations set out in paragraph 3.
Article 6
- 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, judges and
the registry may not be held up or subjected
to censorship.
Article 7
- This Protocol shall be open for signature by member States of the Council of Europe
signatories to the General Agreement, which
may express their consent to be bound by:
- signature without reservation as to ratification, acceptance or approval; or
- signature subject to ratification, acceptance or approval, followed by ratification,
acceptance or approval.
- Instruments of ratification, acceptance or approval shall be deposited with the
Secretary General of the Council of Europe.
Article 8
- This Protocol shall enter into force on the first day of the month following the
expiration of a period of one month after the
date on which three Parties to the General
Agreement have expressed their consent to be bound by the Protocol in accordance with
the
provisions of Article 7 or on the date of entry into force of Protocol No. 11 to the
Convention, whichever is the later.
- As regards any State Party to the General Agreement which shall subsequently sign this
Protocol without reservation in respect
of ratification, acceptance or approval or which
shall ratify, accept or approve it, this Protocol shall enter into force one
month after
the date of such signature or after the date of deposit of the instrument of ratification,
acceptance or approval.
Article 9
- 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 the Convention
and its Protocols apply.
- 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.
- Any declaration made pursuant to paragraph 1 may, in respect of any territory specified
in such declaration, be withdrawn or modified
by a notification addressed to the Secretary
General. The withdrawal or modification shall become effective on the first day
of the
month following the expiration of one month after the receipt of notification by the
Secretary General.
Article 10
The Secretary General of the Council of Europe shall notify the member States of the
Council of:
- any signature;
- the deposit of any instrument of ratification, acceptance or approval;
- any date of entry into force of this Protocol in accordance with Articles 8 and 9;
- any other act, notification or communication relating to this Protocol.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Protocol.
Done at Strasbourg, this 5th day of March 1996, in English and French, both texts being
equally authentic, in a single copy which
shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit certified
copies to each member State of the Council of Europe.
