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
Recalling the European Agreement relating to Persons Participating in
Proceedings of the European Commission and Court of Human
Rights, signed at London on
6 May 1969;
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
Considering, in the light of this development, that it is advisable for the better
fulfilment of the purposes of the Convention
that persons taking part in proceedings
before the Court be accorded certain immunities and facilities by a new Agreement, the
European Agreement relating to Persons Participating in Proceedings of the European Court
of Human Rights (hereinafter referred
to as "this Agreement"),
Have agreed as follows:
- The persons to whom this Agreement applies are:
- any persons taking part in proceedings instituted before the Court as parties, their
representatives and advisers;
- witnesses and experts called upon by the Court and other persons invited by the
President of the Court to take part in proceedings.
- For the purposes of this Agreement, the term "Court" shall include committees,
chambers, a panel of the Grand Chamber,
the Grand Chamber and the judges. The term
"taking part in proceedings" shall include making communications with a
a complaint against a State Party to the Convention.
- If in the course of the exercise by the Committee of Ministers of its functions under
Article 46, paragraph 2, of the Convention,
any person mentioned in paragraph 1 above is
called upon to appear before, or to submit written statements to the Committee of
Ministers, the provisions of this Agreement shall apply in relation to him.
- The persons referred to in paragraph 1 of Article 1 of this Agreement shall have
immunity from legal process in respect of oral
or written statements made, or documents or
other evidence submitted by them before or to the Court.
- This immunity does not apply to communication outside the Court of any such statements,
documents or evidence submitted to the
- The Contracting Parties shall respect the right of the persons referred to in paragraph
1 of Article 1 of this Agreement to correspond
freely with the Court.
- As regards persons under detention, the exercise of this right shall in particular imply
- their correspondence shall be despatched and delivered without undue delay and without
- such persons shall not be subject to disciplinary measures in any form on account of any
communication sent through the proper
channels to the Court;
- such persons shall have the right to correspond, and consult out of hearing of other
persons, with a lawyer qualified to appear
before the courts of the country where they are
detained in regard to an application to the Court, or any proceedings resulting
- In application of the preceding paragraphs, there shall be no interference by a public
authority except such as is in accordance
with the law and is necessary in a democratic
society in the interests of national security, for the detection or prosecution
criminal offence or for the protection of health.
- The Contracting Parties undertake not to hinder the free movement and travel, for the
purpose of attending and returning from
proceedings before the Court, of persons referred
to in paragraph 1 of Article 1 of this Agreement.
- No restrictions shall be placed on their movement and travel other than such as are in
accordance with the law and necessary
in a democratic society in the interests of national
security or public safety, for the maintenance of ordre public, for the prevention
of crime, for the protection of health or morals, or for the protection of the rights and
- Such persons shall not, in countries of transit and in the country where the proceedings
take place, be prosecuted or detained
or be subjected to any other restriction of their
personal liberty in respect of acts or convictions prior to the commencement
- Any Contracting Party may, at the time of signature, ratification, acceptance or
approval of this Agreement, declare that the
provisions of this paragraph will not apply
to its own nationals. Such a declaration may be withdrawn at any time by means
notification addressed to the Secretary General of the Council of Europe.
- The Contracting Parties undertake to re-admit on his return to their territory any such
person who commenced his journey in the
- The provisions of paragraphs 1 and 2 of this Article shall cease to apply when the
person concerned has had, for a period of fifteen
consecutive days from the date when his
presence is no longer required by the Court, the opportunity of returning to the country
from which his journey commenced.
- Where there is any conflict between the obligations of a Contracting Party resulting
from paragraph 2 of this Article and those
resulting from a Council of Europe convention
or from an extradition treaty or other treaty concerning mutual assistance in criminal
matters with other Contracting Parties, the provisions of paragraph 2 of this Article
- Immunities and facilities are accorded to the persons referred to in paragraph 1 of
Article 1 of this Agreement solely in order
to ensure for them the freedom of speech and
the independence necessary for the discharge of their functions, tasks or duties,
exercise of their rights in relation to the Court.
- The Court shall alone be competent to waive, in whole or in part, the immunity provided
for in paragraph 1 of Article 2 of this
Agreement; it has not only the right but the duty
to waive immunity in any case where, in its opinion, such immunity would
impede the course
of justice and waiver in whole or in part would not prejudice the purpose defined in
paragraph 1 of
- The immunity may be waived by the Court, either ex officio or at the request of
any Contracting Party or of any person concerned.
- Decisions waiving immunity or refusing the waiver shall be accompanied by a statement of
- If a Contracting Party certifies that waiver of the immunity provided for in paragraph 1
of Article 2 of this Agreement is necessary
for the purpose of proceedings in respect of
an offence against national security, the Court shall waive immunity to the extent
specified in the certificate.
- In the event of the discovery of a fact which might, by its nature, have a decisive
influence and which at the time of the decision
refusing waiver of immunity was unknown to
the author of the request, the latter may make a new request to the Court.
Nothing in this Agreement shall be construed as limiting or derogating from any of the
obligations assumed by the Contracting Parties
under the Convention or its protocols.
- This Agreement shall be open for signature by the member States of the Council of
Europe, which may express their consent to be
- 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.
- This Agreement 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 ten member States of the
Council of Europe have expressed their consent to be bound by the Agreement 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
- In respect of any member State which subsequently expresses its consent to be bound by
it, this Agreement shall enter into force
on the first day of the month following the
expiration of a period of one month after the date of such signature or of the deposit
the instrument of ratification, acceptance or approval.
- Any Contracting State may, when depositing its instrument of ratification, acceptance or
approval or at any later date, by declaration
addressed to the Secretary General of the
Council of Europe, extend this Agreement to any territory or territories specified
declaration and for whose international relations it is responsible or on whose behalf it
is authorised to give undertakings.
- This Agreement shall enter into force for any territory or territories specified in a
declaration made pursuant to paragraph 1
on the first day of the month following the
expiration of one month after the date of receipt of the declaration by the Secretary
- Any declaration made pursuant to paragraph 1 may, in respect of any territory mentioned
in such declaration, be withdrawn according
to the procedure laid down for denunciation in
Article 10 of this Agreement.
- This Agreement shall remain in force indefinitely.
- Any Contracting Party may, insofar as it is concerned, denounce this Agreement by means
of a notification addressed to the Secretary
General of the Council of Europe.
- Such denunciation shall take effect six months after the date of receipt by the
Secretary General of such notification. Such denunciation
shall not have the effect of
releasing the Contracting Parties concerned from any obligation which may have arisen
this Agreement in relation to any person referred to in paragraph 1 of Article 1.
The Secretary General of the Council of Europe shall notify the member States of the
- any signature;
- the deposit of any instrument of ratification, acceptance or approval;
- any date of entry into force of this Agreement in accordance with Articles 8 and 9
- any other act, notification or communication relating to this Agreement.
In witness whereof the undersigned, being duly authorised thereto, have signed this
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.