(Eng) (September 2009)

Documentation for persons wishing to apply to

the European Court of Human Rights

European Convention On Human Rights .............................. p. 3

Central
Application Form ...................................................................
Pages

Notes For Guidance ............................................................. p. 26

Dates Of Entry Into Force .................................................... p. 33

Authority Form....................................................................... p. 30

IMPORTANT

Before deciding if you can apply to the European Court of Human

Rights you should carefully read the Convention and the Notes for
the Guidance of Applicants.
If your case complies with the conditions mentioned in these texts,
you should detach and complete the Application Form (central
pages) according to the instructions included in the Notes.
Please note that the Authority Form is only to be sent back if you
already have a lawyer.
 Convention for the Protection
of Human Rights
and Fundamental Freedoms
as amended by Protocol No. 11

with Protocol Nos. 1, 4, 6, 7, 12 and 13

The text of the Convention had been amended according to the provisions of
Protocol No. 3 (ETS No. 45), which entered into force on 21 September
1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20
December 1971 and of Protocol No. 8 (ETS No. 118), which entered into
force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS
No. 44) which, in accordance with Article 5, paragraph 3 thereof, had been
an integral part of the Convention since its entry into force on 21 September
1970. All provisions which had been amended or added by these Protocols
are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry
into force on 1 November 1998. As from that date, Protocol No. 9 (ETS No.
140), which entered into force on 1 October 1994, is repealed.

Registry of the European Court of Human Rights

September 2003

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 European Convention on Human Rights

Convention for the Protection

of Human Rights and
Fundamental Freedoms

Rome, 4.XI.1950

The governments signatory hereto, being members of the Council of Europe,

Considering the Universal Declaration of Human Rights proclaimed by the General

Assembly of the United Nations on 10th December 1948;

Considering that this Declaration aims at securing the universal and effective recognition
and observance of the Rights therein declared;

Considering that the aim of the Council of Europe is the achievement of greater unity
between its members and that one of the methods by which that aim is to be pursued is
the maintenance and further realisation of human rights and fundamental freedoms;

Reaffirming their profound belief in those fundamental freedoms which are the foundation
of justice and peace in the world and are best maintained on the one hand by an effective
political democracy and on the other by a common understanding and observance of the
human rights upon which they depend;

Being resolved, as the governments of European countries which are like-minded and
have a common heritage of political traditions, ideals, freedom and the rule of law, to take
the first steps for the collective enforcement of certain of the rights stated in the Universal
Declaration,

Have agreed as follows:

Article 1 – Obligation to respect human rights

The High Contracting Parties shall secure to everyone within their jurisdiction the rights
and freedoms defined in Section I of this Convention.

SECTION I – RIGHTS AND FREEDOMS

Article 2 – Right to life

1 Everyone's right to life shall be protected by law. No one shall be deprived of his
life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.

2 Deprivation of life shall not be regarded as inflicted in contravention of this article

when it results from the use of force which is no more than absolutely necessary:

a in defence of any person from unlawful violence;

b in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c in action lawfully taken for the purpose of quelling a riot or insurrection.

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 European Convention on Human Rights

Article 3 – Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4 – Prohibition of slavery and forced labour

1 No one shall be held in slavery or servitude.

2 No one shall be required to perform forced or compulsory labour.

3 For the purpose of this article the term “forced or compulsory labour” shall not
include:

a any work required to be done in the ordinary course of detention imposed according to
the provisions of Article 5 of this Convention or during conditional release from such
detention;

b any service of a military character or, in case of conscientious objectors in countries

where they are recognised, service exacted instead of compulsory military service;

c any service exacted in case of an emergency or calamity threatening the life or well-
being of the community;

d any work or service which forms part of normal civic obligations.

Article 5 – Right to liberty and security

1 Everyone has the right to liberty and security of person. No one shall be deprived
of his liberty save in the following cases and in accordance with a procedure
prescribed by law:

a the lawful detention of a person after conviction by a competent court;

b the lawful arrest or detention of a person for non-compliance with the lawful order of a
court or in order to secure the fulfilment of any obligation prescribed by law;

c the lawful arrest or detention of a person effected for the purpose of bringing him
before the competent legal authority on reasonable suspicion of having committed an
offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;

d the detention of a minor by lawful order for the purpose of educational supervision or
his lawful detention for the purpose of bringing him before the competent legal
authority;

e the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

f the lawful arrest or detention of a person to prevent his effecting an unauthorised entry
into the country or of a person against whom action is being taken with a view to
deportation or extradition.

2 Everyone who is arrested shall be informed promptly, in a language which he

understands, of the reasons for his arrest and of any charge against him.

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 European Convention on Human Rights

3 Everyone arrested or detained in accordance with the provisions of paragraph 1.c

of this article shall be brought promptly before a judge or other officer authorised by
law to exercise judicial power and shall be entitled to trial within a reasonable time
or to release pending trial. Release may be conditioned by guarantees to appear
for trial.

4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to

take proceedings by which the lawfulness of his detention shall be decided
speedily by a court and his release ordered if the detention is not lawful.

5 Everyone who has been the victim of arrest or detention in contravention of the
provisions of this article shall have an enforceable right to compensation.

Article 6 – Right to a fair trial

1 In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable
time by an independent and impartial tribunal established by law. Judgment shall
be pronounced publicly but the press and public may be excluded from all or part
of the trial in the interests of morals, public order or national security in a
democratic society, where the interests of juveniles or the protection of the private
life of the parties so require, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the interests of
justice.

2 Everyone charged with a criminal offence shall be presumed innocent until proved
guilty according to law.

3 Everyone charged with a criminal offence has the following minimum rights:

a to be informed promptly, in a language which he understands and in detail, of the

nature and cause of the accusation against him;

b to have adequate time and facilities for the preparation of his defence;

c to defend himself in person or through legal assistance of his own choosing or, if he
has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;

d to examine or have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses
against him;

e to have the free assistance of an interpreter if he cannot understand or speak the

language used in court.

Article 7 – No punishment without law

1 No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence under national or international
law at the time when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the criminal offence was committed.

2 This article shall not prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the
general principles of law recognised by civilised nations.

Article 8 – Right to respect for private and family life

1 Everyone has the right to respect for his private and family life, his home and his
correspondence.

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 European Convention on Human Rights

2 There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic
society in the interests of national security, public safety or the economic well-being
of the country, for the prevention of disorder or crime, for the protection of health or
morals, or for the protection of the rights and freedoms of others.

Article 9 – Freedom of thought, conscience and religion

1 Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.

2 Freedom to manifest one's religion or beliefs shall be subject only to such

limitations as are prescribed by law and are necessary in a democratic society in
the interests of public safety, for the protection of public order, health or morals, or
for the protection of the rights and freedoms of others.

Article 10 – Freedom of expression

1 Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference
by public authority and regardless of frontiers. This article shall not prevent States
from requiring the licensing of broadcasting, television or cinema enterprises.

2 The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder
or crime, for the protection of health or morals, for the protection of the reputation
or rights of others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11 – Freedom of assembly and association

1 Everyone has the right to freedom of peaceful assembly and to freedom of

association with others, including the right to form and to join trade unions for the
protection of his interests.

2 No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests of
national security or public safety, for the prevention of disorder or crime, for the
protection of health or morals or for the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces, of the police or of the
administration of the State.

Article 12 – Right to marry

Men and women of marriageable age have the right to marry and to found a family,
according to the national laws governing the exercise of this right.

Article 13 – Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention are violated shall
have an effective remedy before a national authority notwithstanding that the violation
has been committed by persons acting in an official capacity.

Article 14 – Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured
without discrimination on any ground such as sex, race, colour, language, religion,

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 European Convention on Human Rights

political or other opinion, national or social origin, association with a national minority,
property, birth or other status.

Article 15 – Derogation in time of emergency

1 In time of war or other public emergency threatening the life of the nation any High
Contracting Party may take measures derogating from its obligations under this
Convention to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with its other obligations under
international law.

2 No derogation from Article 2, except in respect of deaths resulting from lawful acts
of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.

3 Any High Contracting Party availing itself of this right of derogation shall keep the
Secretary General of the Council of Europe fully informed of the measures which it
has taken and the reasons therefor. It shall also inform the Secretary General of
the Council of Europe when such measures have ceased to operate and the
provisions of the Convention are again being fully executed.

Article 16 – Restrictions on political activity of aliens

Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting
Parties from imposing restrictions on the political activity of aliens.

Article 17 – Prohibition of abuse of rights

Nothing in this Convention may be interpreted as implying for any State, group or person
any right to engage in any activity or perform any act aimed at the destruction of any of
the rights and freedoms set forth herein or at their limitation to a greater extent than is
provided for in the Convention.

Article 18 – Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights and freedoms shall not
be applied for any purpose other than those for which they have been prescribed.

SECTION II – EUROPEAN COURT OF HUMAN RIGHTS

Article 19 – Establishment of the Court

To ensure the observance of the engagements undertaken by the High Contracting

Parties in the Convention and the Protocols thereto, there shall be set up a European
Court of Human Rights, hereinafter referred to as «the Court». It shall function on a
permanent basis.

Article 20 – Number of judges

The Court shall consist of a number of judges equal to that of the High Contracting
Parties.

Article 21 – Criteria for office

1 The judges shall be of high moral character and must either possess the
qualifications required for appointment to high judicial office or be jurisconsults of
recognised competence.

2 The judges shall sit on the Court in their individual capacity.

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 European Convention on Human Rights

3 During their term of office the judges shall not engage in any activity which is
incompatible with their independence, impartiality or with the demands of a full-time
office; all questions arising from the application of this paragraph shall be decided
by the Court.

Article 22 – Election of judges

1 The judges shall be elected by the Parliamentary Assembly with respect to each
High Contracting Party by a majority of votes cast from a list of three candidates
nominated by the High Contracting Party.

2 The same procedure shall be followed to complete the Court in the event of the
accession of new High Contracting Parties and in filling casual vacancies.

Article 23 – Terms of office

1 The judges shall be elected for a period of six years. They may be re-elected.
However, the terms of office of one-half of the judges elected at the first election
shall expire at the end of three years.

2 The judges whose terms of office are to expire at the end of the initial period of
three years shall be chosen by lot by the Secretary General of the Council of
Europe immediately after their election.

3 In order to ensure that, as far as possible, the terms of office of one-half of the
judges are renewed every three years, the Parliamentary Assembly may decide,
before proceeding to any subsequent election, that the term or terms of office of
one or more judges to be elected shall be for a period other than six years but not
more than nine and not less than three years.

4 In cases where more than one term of office is involved and where the
Parliamentary Assembly applies the preceding paragraph, the allocation of the
terms of office shall be effected by a drawing of lots by the Secretary General of
the Council of Europe immediately after the election.

5 A judge elected to replace a judge whose term of office has not expired shall hold
office for the remainder of his predecessor's term.

6 The terms of office of judges shall expire when they reach the age of 70.

7 The judges shall hold office until replaced. They shall, however, continue to deal
with such cases as they already have under consideration.

Article 24 – Dismissal

No judge may be dismissed from his office unless the other judges decide by a majority
of two-thirds that he has ceased to fulfil the required conditions.

Article 25 – Registry and legal secretaries

The Court shall have a registry, the functions and organisation of which shall be laid
down in the rules of the Court. The Court shall be assisted by legal secretaries.

Article 26 – Plenary Court

The plenary Court shall

a elect its President and one or two Vice-Presidents for a period of three years; they
may be re-elected;

b set up Chambers, constituted for a fixed period of time;

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 European Convention on Human Rights

c elect the Presidents of the Chambers of the Court; they may be re-elected;

d adopt the rules of the Court, and

e elect the Registrar and one or more Deputy Registrars.

Article 27 – Committees, Chambers and Grand Chamber

1 To consider cases brought before it, the Court shall sit in committees of three
judges, in Chambers of seven judges and in a Grand Chamber of seventeen
judges. The Court's Chambers shall set up committees for a fixed period of time.

2 There shall sit as an ex officio member of the Chamber and the Grand Chamber
the judge elected in respect of the State Party concerned or, if there is none or if he
is unable to sit, a person of its choice who shall sit in the capacity of judge.

3 The Grand Chamber shall also include the President of the Court, the Vice-
Presidents, the Presidents of the Chambers and other judges chosen in
accordance with the rules of the Court. When a case is referred to the Grand
Chamber under Article 43, no judge from the Chamber which rendered the
judgment shall sit in the Grand Chamber, with the exception of the President of the
Chamber and the judge who sat in respect of the State Party concerned.

Article 28 – Declarations of inadmissibility by committees

A committee may, by a unanimous vote, declare inadmissible or strike out of its list of
cases an application submitted under Article 34 where such a decision can be taken
without further examination. The decision shall be final.

Article 29 – Decisions by Chambers on admissibility and merits

1 If no decision is taken under Article 28, a Chamber shall decide on the admissibility
and merits of individual applications submitted under Article 34.

2 A Chamber shall decide on the admissibility and merits of inter-State applications

submitted under Article 33.

3 The decision on admissibility shall be taken separately unless the Court, in

exceptional cases, decides otherwise.

Article 30 – Relinquishment of jurisdiction to the Grand Chamber

Where a case pending before a Chamber raises a serious question affecting the
interpretation of the Convention or the protocols thereto, or where the resolution of a
question before the Chamber might have a result inconsistent with a judgment previously
delivered by the Court, the Chamber may, at any time before it has rendered its
judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the
parties to the case objects.

Article 31 – Powers of the Grand Chamber

The Grand Chamber shall

a determine applications submitted either under Article 33 or Article 34 when a Chamber

has relinquished jurisdiction under Article 30 or when the case has been referred to it
under Article 43; and

b consider requests for advisory opinions submitted under Article 47.

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 European Convention on Human Rights

Article 32 – Jurisdiction of the Court

1 The jurisdiction of the Court shall extend to all matters concerning the interpretation
and application of the Convention and the protocols thereto which are referred to it
as provided in Articles 33, 34 and 47.

2 In the event of dispute as to whether the Court has jurisdiction, the Court shall
decide.

Article 33 – Inter-State cases

Any High Contracting Party may refer to the Court any alleged breach of the provisions of
the Convention and the protocols thereto by another High Contracting Party.

Article 34 – Individual applications

The Court may receive applications from any person, non-governmental organisation or
group of individuals claiming to be the victim of a violation by one of the High Contracting
Parties of the rights set forth in the Convention or the protocols thereto. The High
Contracting Parties undertake not to hinder in any way the effective exercise of this right.

Article 35 – Admissibility criteria

1 The Court may only deal with the matter after all domestic remedies have been
exhausted, according to the generally recognised rules of international law, and
within a period of six months from the date on which the final decision was taken.

2 The Court shall not deal with any application submitted under Article 34 that

a is anonymous; or

b is substantially the same as a matter that has already been examined by the Court or
has already been submitted to another procedure of international investigation or
settlement and contains no relevant new information.

3 The Court shall declare inadmissible any individual application submitted under
Article 34 which it considers incompatible with the provisions of the Convention or
the protocols thereto, manifestly ill-founded, or an abuse of the right of application.

4 The Court shall reject any application which it considers inadmissible under this
Article. It may do so at any stage of the proceedings.

Article 36 – Third party intervention

1 In all cases before a Chamber or the Grand Chamber, a High Contracting Party
one of whose nationals is an applicant shall have the right to submit written
comments and to take part in hearings.

2 The President of the Court may, in the interest of the proper administration of
justice, invite any High Contracting Party which is not a party to the proceedings or
any person concerned who is not the applicant to submit written comments or take
part in hearings.

Article 37 – Striking out applications

1 The Court may at any stage of the proceedings decide to strike an application out
of its list of cases where the circumstances lead to the conclusion that

a the applicant does not intend to pursue his application; or

b the matter has been resolved; or

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 European Convention on Human Rights

c for any other reason established by the Court, it is no longer justified to continue the
examination of the application.

However, the Court shall continue the examination of the application if respect for human
rights as defined in the Convention and the protocols thereto so requires.

2 The Court may decide to restore an application to its list of cases if it considers that
the circumstances justify such a course.

Article 38 – Examination of the case and friendly settlement proceedings

1 If the Court declares the application admissible, it shall

a pursue the examination of the case, together with the representatives of the parties,
and if need be, undertake an investigation, for the effective conduct of which the
States concerned shall furnish all necessary facilities;

b place itself at the disposal of the parties concerned with a view to securing a friendly
settlement of the matter on the basis of respect for human rights as defined in the
Convention and the protocols thereto.

2 Proceedings conducted under paragraph 1.b shall be confidential.

Article 39 – Finding of a friendly settlement

If a friendly settlement is effected, the Court shall strike the case out of its list by means of
a decision which shall be confined to a brief statement of the facts and of the solution
reached.

Article 40 – Public hearings and access to documents

1 Hearings shall be in public unless the Court in exceptional circumstances decides

otherwise.

2 Documents deposited with the Registrar shall be accessible to the public unless
the President of the Court decides otherwise.

Article 41 – Just satisfaction

If the Court finds that there has been a violation of the Convention or the protocols
thereto, and if the internal law of the High Contracting Party concerned allows only partial
reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured
party.

Article 42 – Judgments of Chambers

Judgments of Chambers shall become final in accordance with the provisions of Article
44, paragraph 2.

Article 43 – Referral to the Grand Chamber

1 Within a period of three months from the date of the judgment of the Chamber, any
party to the case may, in exceptional cases, request that the case be referred to
the Grand Chamber.

2 A panel of five judges of the Grand Chamber shall accept the request if the case
raises a serious question affecting the interpretation or application of the
Convention or the protocols thereto, or a serious issue of general importance.

3 If the panel accepts the request, the Grand Chamber shall decide the case by
means of a judgment.

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 European Convention on Human Rights

Article 44 – Final judgments

1 The judgment of the Grand Chamber shall be final.

2 The judgment of a Chamber shall become final

a when the parties declare that they will not request that the case be referred to the
Grand Chamber; or

b three months after the date of the judgment, if reference of the case to the Grand
Chamber has not been requested; or

c when the panel of the Grand Chamber rejects the request to refer under Article 43.

3 The final judgment shall be published.

Article 45 – Reasons for judgments and decisions

1 Reasons shall be given for judgments as well as for decisions declaring

applications admissible or inadmissible.

2 If a judgment does not represent, in whole or in part, the unanimous opinion of the
judges, any judge shall be entitled to deliver a separate opinion.

Article 46 – Binding force and execution of judgments

1 The High Contracting Parties undertake to abide by the final judgment of the Court
in any case to which they are parties.

2 The final judgment of the Court shall be transmitted to the Committee of Ministers,
which shall supervise its execution.

Article 47 – Advisory opinions

1 The Court may, at the request of the Committee of Ministers, give advisory
opinions on legal questions concerning the interpretation of the Convention and the
protocols thereto.

2 Such opinions shall not deal with any question relating to the content or scope of
the rights or freedoms defined in Section I of the Convention and the protocols
thereto, or with any other question which the Court or the Committee of Ministers
might have to consider in consequence of any such proceedings as could be
instituted in accordance with the Convention.

3 Decisions of the Committee of Ministers to request an advisory opinion of the Court

shall require a majority vote of the representatives entitled to sit on the Committee.

Article 48 – Advisory jurisdiction of the Court

The Court shall decide whether a request for an advisory opinion submitted by the
Committee of Ministers is within its competence as defined in Article 47.

Article 49 – Reasons for advisory opinions

1 Reasons shall be given for advisory opinions of the Court.

2 If the advisory opinion does not represent, in whole or in part, the unanimous
opinion of the judges, any judge shall be entitled to deliver a separate opinion.

3 Advisory opinions of the Court shall be communicated to the Committee of

Ministers.

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 European Convention on Human Rights

Article 50 – Expenditure on the Court

The expenditure on the Court shall be borne by the Council of Europe.

Article 51 – Privileges and immunities of judges

The judges shall be entitled, during the exercise 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.

SECTION III – MISCELLANEOUS PROVISIONS

Article 52 – Inquiries by the Secretary General

On receipt of a request from the Secretary General of the Council of Europe any High
Contracting Party shall furnish an explanation of the manner in which its internal law
ensures the effective implementation of any of the provisions of the Convention.

Article 53 – Safeguard for existing human rights

Nothing in this Convention shall be construed as limiting or derogating from any of the
human rights and fundamental freedoms which may be ensured under the laws of any
High Contracting Party or under any other agreement to which it is a Party.

Article 54 – Powers of the Committee of Ministers

Nothing in this Convention shall prejudice the powers conferred on the Committee of
Ministers by the Statute of the Council of Europe.

Article 55 – Exclusion of other means of dispute settlement

The High Contracting Parties agree that, except by special agreement, they will not avail
themselves of treaties, conventions or declarations in force between them for the purpose
of submitting, by way of petition, a dispute arising out of the interpretation or application
of this Convention to a means of settlement other than those provided for in this
Convention.

Article 56 – Territorial application

1 Any State may at the time of its ratification or at any time thereafter declare by
notification addressed to the Secretary General of the Council of Europe that the
present Convention shall, subject to paragraph 4 of this Article, extend to all or any
of the territories for whose international relations it is responsible.

2 The Convention 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.

3 The provisions of this Convention shall be applied in such territories with due
regard, however, to local requirements.

4 Any State which has made a declaration in accordance with paragraph 1 of this
article may at any time thereafter declare on behalf of one or more of the territories
to which the declaration relates that it accepts the competence of the Court to
receive applications from individuals, non-governmental organisations or groups of
individuals as provided by Article 34 of the Convention.

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 European Convention on Human Rights

Article 57 – Reservations

1 Any State may, when signing this Convention or when depositing its instrument of
ratification, make a reservation in respect of any particular provision of the
Convention to the extent that any law then in force in its territory is not in
conformity with the provision. Reservations of a general character shall not be
permitted under this article.

2 Any reservation made under this article shall contain a brief statement of the law
concerned.

Article 58 – Denunciation

1 A High Contracting Party may denounce the present Convention only after the
expiry of five years from the date on which it became a party to it and after six
months' notice contained in a notification addressed to the Secretary General of
the Council of Europe, who shall inform the other High Contracting Parties.

2 Such a denunciation shall not have the effect of releasing the High Contracting
Party concerned from its obligations under this Convention in respect of any act
which, being capable of constituting a violation of such obligations, may have been
performed by it before the date at which the denunciation became effective.

3 Any High Contracting Party which shall cease to be a member of the Council of
Europe shall cease to be a Party to this Convention under the same conditions.

4 The Convention may be denounced in accordance with the provisions of the

preceding paragraphs in respect of any territory to which it has been declared to
extend under the terms of Article 56.

Article 59 – Signature and ratification

1 This Convention shall be open to the signature of the members of the Council of
Europe. It shall be ratified. Ratifications shall be deposited with the Secretary
General of the Council of Europe.

2 The present Convention shall come into force after the deposit of ten instruments
of ratification.

3 As regards any signatory ratifying subsequently, the Convention shall come into
force at the date of the deposit of its instrument of ratification.

4 The Secretary General of the Council of Europe shall notify all the members of the
Council of Europe of the entry into force of the Convention, the names of the High
Contracting Parties who have ratified it, and the deposit of all instruments of
ratification which may be effected subsequently.

Done at Rome this 4th day of November 1950, in English and French, both texts being
equally authentic, in a single copy which shall remain deposited in the archives of the
Council of Europe. The Secretary General shall transmit certified copies to each of the
signatories.

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 European Convention on Human Rights

Protocol to the Convention for the

Protection of Human Rights and
Fundamental Freedoms

Paris, 20.III.1952

The governments signatory hereto, being members of the Council of Europe,

Being resolved to take steps to ensure the collective enforcement of certain rights and
freedoms other than those already included in Section I of the Convention for the
Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November
1950 (hereinafter referred to as “the Convention”),

Have agreed as follows:

Article 1 – Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No
one shall be deprived of his possessions except in the public interest and subject to the
conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to
enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties.

Article 2 – Right to education

No person shall be denied the right to education. In the exercise of any functions which it
assumes in relation to education and to teaching, the State shall respect the right of
parents to ensure such education and teaching in conformity with their own religious and
philosophical convictions.

Article 3 – Right to free elections

The High Contracting Parties undertake to hold free elections at reasonable intervals by
secret ballot, under conditions which will ensure the free expression of the opinion of the
people in the choice of the legislature.

Article 4 – Territorial application

Any High Contracting Party may at the time of signature or ratification or at any time
thereafter communicate to the Secretary General of the Council of Europe a declaration
stating the extent to which it undertakes that the provisions of the present Protocol shall
apply to such of the territories for the international relations of which it is responsible as
are named therein.

Any High Contracting Party which has communicated a declaration in virtue of the
preceding paragraph may from time to time communicate a further declaration modifying
the terms of any former declaration or terminating the application of the provisions of this
Protocol in respect of any territory.

A declaration made in accordance with this article shall be deemed to have been made in
accordance with paragraph 1 of Article 56 of the Convention.

Article 5 – Relationship to the Convention

As between the High Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this
Protocol shall be regarded as additional articles to the Convention and all the provisions
of the Convention shall apply accordingly.

14
 European Convention on Human Rights

Article 6 – Signature and ratification

This Protocol shall be open for signature by the members of the Council of Europe, who
are the signatories of the Convention; it shall be ratified at the same time as or after the
ratification of the Convention. It shall enter into force after the deposit of ten instruments
of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter
into force at the date of the deposit of its instrument of ratification.

The instruments of ratification shall be deposited with the Secretary General of the
Council of Europe, who will notify all members of the names of those who have ratified.

Done at Paris on the 20th day of March 1952, in English and French, both texts being
equally authentic, in a single copy which shall remain deposited in the archives of the
Council of Europe. The Secretary General shall transmit certified copies to each of the
signatory governments.

Protocol No. 4 to the Convention for the Protection of

Human Rights and Fundamental Freedoms securing
certain rights and freedoms other than those already
included in the Convention and in the first Protocol thereto

Strasbourg, 16.IX.1963

The governments signatory hereto, being members of the Council of Europe,

Being resolved to take steps to ensure the collective enforcement of certain rights and
freedoms other than those already included in Section I 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”) and in Articles 1 to 3 of the
First Protocol to the Convention, signed at Paris on 20th March 1952,

Have agreed as follows:

Article 1 – Prohibition of imprisonment for debt

No one shall be deprived of his liberty merely on the ground of inability to fulfil a
contractual obligation.

Article 2 – Freedom of movement

1 Everyone lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.

2 Everyone shall be free to leave any country, including his own.

3 No restrictions shall be placed on the exercise of these rights other than such as
are in accordance with law and are 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 freedoms of others.

4 The rights set forth in paragraph 1 may also be subject, in particular areas, to
restrictions imposed in accordance with law and justified by the public interest in a
democratic society.

15
 European Convention on Human Rights

Article 3 – Prohibition of expulsion of nationals

1 No one shall be expelled, by means either of an individual or of a collective

measure, from the territory of the State of which he is a national.

2 No one shall be deprived of the right to enter the territory of the state of which he is
a national.

Article 4 – Prohibition of collective expulsion of aliens

Collective expulsion of aliens is prohibited.

Article 5 – Territorial application

1 Any High Contracting Party may, at the time of signature or ratification of this
Protocol, or at any time thereafter, communicate to the Secretary General of the
Council of Europe a declaration stating the extent to which it undertakes that the
provisions of this Protocol shall apply to such of the territories for the international
relations of which it is responsible as are named therein.

2 Any High Contracting Party which has communicated a declaration in virtue of the
preceding paragraph may, from time to time, communicate a further declaration
modifying the terms of any former declaration or terminating the application of the
provisions of this Protocol in respect of any territory.

3 A declaration made in accordance with this article shall be deemed to have been
made in accordance with paragraph 1 of Article 56 of the Convention.

4 The territory of any State to which this Protocol applies by virtue of ratification or
acceptance by that State, and each territory to which this Protocol is applied by
virtue of a declaration by that State under this article, shall be treated as separate
territories for the purpose of the references in Articles 2 and 3 to the territory of a
State.

5 Any State which has made a declaration in accordance with paragraph 1 or 2 of

this Article may at any time thereafter declare on behalf of one or more of the
territories to which the declaration relates that it accepts the competence of the
Court to receive applications from individuals, non-governmental organisations or
groups of individuals as provided in Article 34 of the Convention in respect of all or
any of Articles 1 to 4 of this Protocol.”

Article 6 – Relationship to the Convention

As between the High Contracting Parties the provisions of Articles 1 to 5 of this Protocol
shall be regarded as additional Articles to the Convention, and all the provisions of the
Convention shall apply accordingly.

Article 7 – Signature and ratification

1 This Protocol shall be open for signature by the members of the Council of Europe
who are the signatories of the Convention; it shall be ratified at the same time as or
after the ratification of the Convention. It shall enter into force after the deposit of
five instruments of ratification. As regards any signatory ratifying subsequently, the
Protocol shall enter into force at the date of the deposit of its instrument of
ratification.

2 The instruments of ratification shall be deposited with the Secretary General of the
Council of Europe, who will notify all members of the names of those who have
ratified.

In witness whereof the undersigned, being duly authorised thereto, have signed this
Protocol. Done at Strasbourg, this 16th day of September 1963, in English and in French,

16
 European Convention on Human Rights

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 transmit certified copies to
each of the signatory states.

Protocol No. 6 to the Convention for the Protection of

Human Rights and Fundamental Freedoms concerning the
abolition of the death penalty

Strasbourg, 28.IV.1983

The member States of the Council of Europe, signatory to this Protocol 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”),

Considering that the evolution that has occurred in several member States of the Council
of Europe expresses a general tendency in favour of abolition of the death penalty;

Have agreed as follows:

Article 1 – Abolition of the death penalty

The death penalty shall be abolished. No-one shall be condemned to such penalty or
executed.

Article 2 – Death penalty in time of war

A State may make provision in its law for the death penalty in respect of acts committed
in time of war or of imminent threat of war; such penalty shall be applied only in the
instances laid down in the law and in accordance with its provisions. The State shall
communicate to the Secretary General of the Council of Europe the relevant provisions of
that law.

Article 3 – Prohibition of derogations

No derogation from the provisions of this Protocol shall be made under Article 15 of the
Convention.

Article 4 – Prohibition of reservations

No reservation may be made under Article 57 of the Convention in respect of the

provisions of this Protocol.

Article 5 – Territorial application

1 Any State may at the time of signature or when depositing its instrument of
ratification, acceptance or approval, specify the territory or territories to which this
Protocol shall apply.

2 Any State may at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Protocol to any
other territory specified in the declaration. In respect of such territory the Protocol
shall enter into force on the first day of the month following the date of receipt of
such declaration by the Secretary General.

3 Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to
the Secretary General. The withdrawal shall become effective on the first day of

17
 European Convention on Human Rights

the month following the date of receipt of such notification by the Secretary
General.

Article 6 – Relationship to the Convention

As between the States Parties the provisions of Articles 1 and 5 of this Protocol shall be
regarded as additional articles to the Convention and all the provisions of the Convention
shall apply accordingly.

Article 7 – Signature and ratification

The Protocol shall be open for signature by the member States of the Council of Europe,
signatories to the Convention. It shall be subject to ratification, acceptance or approval. A
member State of the Council of Europe may not ratify, accept or approve this Protocol
unless it has, simultaneously or previously, ratified the Convention. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of the
Council of Europe.

Article 8 – Entry into force

1 This Protocol shall enter into force on the first day of the month following the date
on which five member States of the Council of Europe have expressed their
consent to be bound by the Protocol in accordance with the provisions of Article 7.

2 In respect of any member State which subsequently expresses its consent to be

bound by it, the Protocol shall enter into force on the first day of the month
following the date of the deposit of the instrument of ratification, acceptance or
approval.

Article 9 – Depositary functions

The Secretary General of the Council of Europe shall notify the member States of the
Council of:

a any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c any date of entry into force of this Protocol in accordance with articles 5 and 8;

d 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 28th day of April 1983, in English and in 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.

18
Voir Notice Numéro de dossier
See Notes File-number

COUR EUROPÉENNE DES DROITS DE L’HOMME

EUROPEAN COURT OF HUMAN RIGHTS

Conseil de l’Europe – Council of Europe

Strasbourg, France

REQUÊTE
APPLICATION

présentée en application de l’article 34 de la Convention européenne des Droits de l’Homme,

ainsi que des articles 45 et 47 du règlement de la Cour

under Article 34 of the European Convention on Human Rights

and Rules 45 and 47 of the Rules of Court

IMPORTANT: La présente requête est un document juridique et peut affecter vos droits et obligations.
This application is a formal legal document and may affect your rights and obligations.

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 II

I. LES PARTIES
THE PARTIES

A. LE REQUÉRANT/LA REQUÉRANTE
THE APPLICANT

(Renseignements à fournir concernant le/la requérant(e) et son/sa représentant(e) éventuel(le))

(Fill in the following details of the applicant and the representative, if any)

1. Nom de famille ......................................................... 2. Prénom(s) ........................................................................

Surname First name(s)

Sexe : masculin / féminin Sex: male / female

3. Nationalité ................................................................. 4. Profession .......................................................................

Nationality Occupation

5. Date et lieu de naissance ......................................................................................................................................................

Date and place of birth

6. Domicile ...............................................................................................................................................................................
Permanent address

7. Tel. N° ..................................................................................................................................................................................

8. Adresse actuelle (si différente de 6.) ....................................................................................................................................

Present address (if different from 6.)

9. Nom et prénom du/de la représentant(e)1 ............................................................................................................................

Name of representative*

10. Profession du/de la représentant(e) ......................................................................................................................................

Occupation of representative

11. Adresse du/de la représentant(e) ..........................................................................................................................................

Address of representative

12. Tel. N° ....................................................................... Fax N° .............................................................................

B. LA HAUTE PARTIE CONTRACTANTE

THE HIGH CONTRACTING PARTY

(Indiquer ci-après le nom de l’Etat/des Etats contre le(s)quel(s) la requête est dirigée)
(Fill in the name of the State(s) against which the application is directed)

13. ..............................................................................................................................................................................................

1 Si le/la requérant(e) est représenté(e), joindre une procuration signée par le/la requérant(e) et son/sa représentant(e).
If the applicant appoints a representative, attach a form of authority signed by the applicant and his or her representative.

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 III

II. EXPOSÉ DES FAITS

STATEMENT OF THE FACTS
(Voir § 19 (b) de la notice)
(See § 19 (b) of the Notes)

14.

Si nécessaire, continuer sur une feuille séparée

Continue on a separate sheet if necessary

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 IV

III. EXPOSÉ DE LA OU DES VIOLATION(S) DE LA CONVENTION ET/OU DES

PROTOCOLES ALLÉGUÉE(S), AINSI QUE DES ARGUMENTS À L’APPUI
STATEMENT OF ALLEGED VIOLATION(S) OF THE CONVENTION AND/OR
PROTOCOLS AND OF RELEVANT ARGUMENTS
(Voir § 19 (c) de la notice)
(See § 19 (c) of the Notes)

15.

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 V

IV. EXPOSÉ RELATIF AUX PRESCRIPTIONS DE L’ARTICLE 35 § 1 DE LA CONVENTION

STATEMENT RELATIVE TO ARTICLE 35 § 1 OF THE CONVENTION
(Voir § 19 (d) de la notice. Donner pour chaque grief, et au besoin sur une feuille séparée, les renseignements demandés sous les points 16 à 18 ci-
après)
(See § 19 (d) of the Notes. If necessary, give the details mentioned below under points 16 to 18 on a separate sheet for each separate complaint)

16. Décision interne définitive (date et nature de la décision, organe – judiciaire ou autre – l’ayant rendue)
Final decision (date, court or authority and nature of decision)

17. Autres décisions (énumérées dans l’ordre chronologique en indiquant, pour chaque décision, sa date, sa nature et
l’organe – judiciaire ou autre – l’ayant rendue)
Other decisions (list in chronological order, giving date, court or authority and nature of decision for each of them)

18. Dispos(i)ez-vous d’un recours que vous n’avez pas exercé? Si oui, lequel et pour quel motif n’a-t-il pas été exercé?
Is there or was there any other appeal or other remedy available to you which you have not used? If so, explain why
you have not used it.

Si nécessaire, continuer sur une feuille séparée

Continue on a separate sheet if necessary

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 VI

V. EXPOSÉ DE L’OBJET DE LA REQUÊTE

STATEMENT OF THE OBJECT OF THE APPLICATION
(Voir § 19 (e) de la notice)
(See § 19 (e) of the Notes)

19.

VI. AUTRES INSTANCES INTERNATIONALES TRAITANT OU AYANT TRAITÉ

L’AFFAIRE
STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS
(Voir § 19 (f) de la notice)
(See § 19 (f) of the Notes)

20. Avez-vous soumis à une autre instance internationale d’enquête ou de règlement les griefs énoncés dans la présente
requête? Si oui, fournir des indications détaillées à ce sujet.
Have you submitted the above complaints to any other procedure of international investigation or settlement? If so, give
full details.

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 VII

VII. PIÈCES ANNEXÉES (PAS D’ORIGINAUX,

UNIQUEMENT DES COPIES ;
PRIÈRE DE N'UTILISER NI AGRAFE,
NI ADHÉSIF, NI LIEN D'AUCUNE SORTE)

LIST OF DOCUMENTS (NO ORIGINAL DOCUMENTS,

ONLY PHOTOCOPIES,
DO NOT STAPLE, TAPE OR BIND DOCUMENTS)

(Voir chapitre § 19 (g) de la notice. Joindre copie de toutes les décisions mentionnées sous ch. IV et VI ci-dessus. Se procurer, au besoin, les copies
nécessaires, et, en cas d’impossibilité, expliquer pourquoi celles-ci ne peuvent pas être obtenues. Ces documents ne vous seront pas retournés.)
(See § 19 (g) of the Notes. Include copies of all decisions referred to in Parts IV and VI above. If you do not have copies, you should obtain them. If
you cannot obtain them, explain why not. No documents will be returned to you.)

21. a) ..........................................................................................................................................................................................

b) ..........................................................................................................................................................................................

c) ..........................................................................................................................................................................................

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 VIII

VIII. DÉCLARATION ET SIGNATURE

DECLARATION AND SIGNATURE
(Voir § 19 (h) de la notice)
(See § 19 (h) of the Notes)

Je déclare en toute conscience et loyauté que les renseignements qui figurent sur la présente formule de requête sont
exacts.
I hereby declare that, to the best of my knowledge and belief, the information I have given in the present application
form is correct.

Lieu/Place ..................................................................................

Date/Date ...................................................................................

(Signature du/de la requérant(e) ou du/de la représentant(e))

(Signature of the applicant or of the representative)

PLEASE DETACH THIS FORM BEFORE RETURNING IT

 European Convention on Human Rights

Protocol No. 7 to the Convention for

the Protection of Human Rights and
Fundamental Freedoms

Strasbourg, 22.XI.1984

The member States of the Council of Europe signatory hereto,

Being resolved to take further steps to ensure the collective enforcement of certain rights
and freedoms by means of the Convention for the Protection of Human Rights and
Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as
“the Convention”),

Have agreed as follows:

Article 1 – Procedural safeguards relating to expulsion of aliens

1 An alien lawfully resident in the territory of a State shall not be expelled therefrom
except in pursuance of a decision reached in accordance with law and shall be
allowed:

a to submit reasons against his expulsion,

b to have his case reviewed, and

c to be represented for these purposes before the competent authority or a person or

persons designated by that authority.

2 An alien may be expelled before the exercise of his rights under paragraph 1.a, b
and c of this Article, when such expulsion is necessary in the interests of public
order or is grounded on reasons of national security.

Article 2 – Right of appeal in criminal matters

1 Everyone convicted of a criminal offence by a tribunal shall have the right to have
his conviction or sentence reviewed by a higher tribunal. The exercise of this right,
including the grounds on which it may be exercised, shall be governed by law.

2 This right may be subject to exceptions in regard to offences of a minor character,

as prescribed by law, or in cases in which the person concerned was tried in the
first instance by the highest tribunal or was convicted following an appeal against
acquittal.

Article 3 – Compensation for wrongful conviction

When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed, or he has been pardoned, on the ground
that a new or newly discovered fact shows conclusively that there has been a miscarriage
of justice, the person who has suffered punishment as a result of such conviction shall be
compensated according to the law or the practice of the State concerned, unless it is
proved that the non-disclosure of the unknown fact in time is wholly or partly attributable
to him.

19
 European Convention on Human Rights

Article 4 – Right not to be tried or punished twice

1 No one shall be liable to be tried or punished again in criminal proceedings under

the jurisdiction of the same State for an offence for which he has already been
finally acquitted or convicted in accordance with the law and penal procedure of
that State.

2 The provisions of the preceding paragraph shall not prevent the reopening of the
case in accordance with the law and penal procedure of the State concerned, if
there is evidence of new or newly discovered facts, or if there has been a
fundamental defect in the previous proceedings, which could affect the outcome of
the case.

3 No derogation from this Article shall be made under Article 15 of the Convention.

Article 5 – Equality between spouses

Spouses shall enjoy equality of rights and responsibilities of a private law character
between them, and in their relations with their children, as to marriage, during marriage
and in the event of its dissolution. This Article shall not prevent States from taking such
measures as are necessary in the interests of the children.

Article 6 – Territorial application

1 Any State may at the time of signature or when depositing its instrument of
ratification, acceptance or approval, specify the territory or territories to which the
Protocol shall apply and state the extent to which it undertakes that the provisions
of this Protocol shall apply to such territory or territories.

2 Any State may at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Protocol to any
other territory specified in the declaration. In respect of such territory the Protocol
shall enter into force on the first day of the month following the expiration of a
period of two months after the date of receipt by the Secretary General of such
declaration.

3 Any declaration made under the two preceding paragraphs 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 a period of two
months after the date of receipt of such notification by the Secretary General.

4 A declaration made in accordance with this Article shall be deemed to have been
made in accordance with paragraph 1 of Article 56 of the Convention.

5 The territory of any State to which this Protocol applies by virtue of ratification,
acceptance or approval by that State, and each territory to which this Protocol is
applied by virtue of a declaration by that State under this Article, may be treated as
separate territories for the purpose of the reference in Article 1 to the territory of a
State.

6 Any State which has made a declaration in accordance with paragraph 1 or 2 of

this Article may at any time thereafter declare on behalf of one or more of the
territories to which the declaration relates that it accepts the competence of the
Court to receive applications from individuals, non-governmental organisations or
groups of individuals as provided in Article 34 of the Convention in respect of
Articles 1 to 5 of this Protocol.

20
 European Convention on Human Rights

Article 7 – Relationship to the Convention

As between the States Parties, the provisions of Article 1 to 6 of this Protocol shall be
regarded as additional Articles to the Convention, and all the provisions of the Convention
shall apply accordingly.

Article 8 – Signature and ratification

This Protocol shall be open for signature by member States of the Council of Europe
which have signed the Convention. It is subject to ratification, acceptance or approval. A
member State of the Council of Europe may not ratify, accept or approve this Protocol
without previously or simultaneously ratifying the Convention. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.

Article 9 – Entry into force

1 This Protocol shall enter into force on the first day of the month following the
expiration of a period of two months after the date on which seven member States
of the Council of Europe have expressed their consent to be bound by the Protocol
in accordance with the provisions of Article 8.

2 In respect of any member State which subsequently expresses its consent to be

bound by it, the Protocol shall enter into force on the first day of the month
following the expiration of a period of two months after the date of the deposit of
the instrument of ratification, acceptance or approval.

Article 10 – Depositary functions

The Secretary General of the Council of Europe shall notify all the member States of the
Council of Europe of:

a any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c any date of entry into force of this Protocol in accordance with Articles 6 and 9;

d any other act, notification or declaration relating to this Protocol.

In witness whereof the undersigned, being duly authorised thereto, have signed this
Protocol.

Done at Strasbourg, this 22nd day of November 1984, 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.

Protocol No. 12 to the Convention for

the Protection of Human Rights and Fundamental
Freedoms

Rome, 4.XI.2000

The member States of the Council of Europe signatory hereto,

21
 European Convention on Human Rights

Having regard to the fundamental principle according to which all persons are equal
before the law and are entitled to the equal protection of the law;

Being resolved to take further steps to promote the equality of all persons through the
collective enforcement of a general prohibition of discrimination by means of the
Convention for the Protection of Human Rights and Fundamental Freedoms signed at
Rome on 4 November 1950 (hereinafter referred to as “the Convention”);

Reaffirming that the principle of non-discrimination does not prevent States Parties from
taking measures in order to promote full and effective equality, provided that there is an
objective and reasonable justification for those measures,

Have agreed as follows:

Article 1 – General prohibition of discrimination

1 The enjoyment of any right set forth by law shall be secured without discrimination
on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property, birth
or other status.

2 No one shall be discriminated against by any public authority on any ground such
as those mentioned in paragraph 1.

Article 2 – Territorial application

1 Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance or approval, specify the territory or territories to which this
Protocol shall apply.

2 Any State may at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Protocol to any
other territory specified in the declaration. In respect of such territory the Protocol
shall enter into force on the first day of the month following the expiration of a
period of three months after the date of receipt by the Secretary General of such
declaration.

3 Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn or modified by a notification
addressed to the Secretary General of the Council of Europe. The withdrawal or
modification shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of such notification
by the Secretary General.

4 A declaration made in accordance with this article shall be deemed to have been
made in accordance with paragraph 1 of Article 56 of the Convention.

5 Any State which has made a declaration in accordance with paragraph 1 or 2 of

this article may at any time thereafter declare on behalf of one or more of the
territories to which the declaration relates that it accepts the competence of the
Court to receive applications from individuals, non-governmental organisations or
groups of individuals as provided by Article 34 of the Convention in respect of
Article 1 of this Protocol.

Article 3 – Relationship to the Convention

As between the States Parties, the provisions of Articles 1 and 2 of this Protocol shall be
regarded as additional articles to the Convention, and all the provisions of the Convention
shall apply accordingly.

22
 European Convention on Human Rights

Article 4 – Signature and ratification

This Protocol shall be open for signature by member States of the Council of Europe
which have signed the Convention. It is subject to ratification, acceptance or approval. A
member State of the Council of Europe may not ratify, accept or approve this Protocol
without previously or simultaneously ratifying the Convention. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.

Article 5 – Entry into force

1 This Protocol shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which ten member States of
the Council of Europe have expressed their consent to be bound by the Protocol in
accordance with the provisions of Article 4.

2 In respect of any member State which subsequently expresses its consent to be

bound by it, the Protocol shall enter into force on the first day of the month
following the expiration of a period of three months after the date of the deposit of
the instrument of ratification, acceptance or approval.

Article 6 – Depositary functions

The Secretary General of the Council of Europe shall notify all the member States of the
Council of Europe of:

a any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c any date of entry into force of this Protocol in accordance with Articles 2 and 5;

d 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 Rome, this 4th day of November 2000, in English and in 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.

Protocol No. 13 to the Convention for

the Protection of Human Rights and
Fundamental Freedoms
Concerning the abolition of the death
penalty in all circumstances

Vilnius, 3.V.2002

The member States of the Council of Europe signatory hereto,

Convinced that everyone’s right to life is a basic value in a democratic society and that
the abolition of the death penalty is essential for the protection of this right and for the full
recognition of the inherent dignity of all human beings;

23
 European Convention on Human Rights

Wishing to strengthen the protection of the right to life guaranteed by the Convention for
the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4
November 1950 (hereinafter referred to as “the Convention”);

Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death
Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in
respect of acts committed in time of war or of imminent threat of war;

Being resolved to take the final step in order to abolish the death penalty in all
circumstances,

Have agreed as follows:

Article 1 – Abolition of the death penalty

The death penalty shall be abolished. No one shall be condemned to such penalty or
executed.

Article 2 – Prohibitions of derogations

No derogation from the provisions of this Protocol shall be made under Article 15 of the
Convention.

Article 3 – Prohibitions of reservations

No reservation may be made under Article 57 of the Convention in respect of the

provisions of this Protocol.

Article 4 – Territorial application

1 Any state may, at the time of signature or when depositing its instrument of
ratification, acceptance or approval, specify the territory or territories to which this
Protocol shall apply.

2 Any state may at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Protocol to any
other territory specified in the declaration. In respect of such territory the Protocol
shall enter into force on the first day of the month following the expiration of a
period of three months after the date of receipt by the Secretary General of such
declaration.

3 Any declaration made under the two preceding paragraphs 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 a period of three
months after the date of receipt of such notification by the Secretary General.

Article 5 – Relationship to the Convention

As between the states Parties the provisions of Articles 1 to 4 of this Protocol shall be
regarded as additional articles to the Convention, and all the provisions of the Convention
shall apply accordingly.

Article 6 – Signature and ratification

This Protocol shall be open for signature by member states of the Council of Europe
which have signed the Convention. It is subject to ratification, acceptance or approval. A
member state of the Council of Europe may not ratify, accept or approve this Protocol
without previously or simultaneously ratifying the Convention. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.

24
 European Convention on Human Rights

Article 7 – Entry into force

1 This Protocol shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which ten member states of
the Council of Europe have expressed their consent to be bound by the Protocol in
accordance with the provisions of Article 6.

2 In respect of any member state which subsequently expresses its consent to be

bound by it, the Protocol shall enter into force on the first day of the month
following the expiration of a period of three months after the date of the deposit of
the instrument of ratification, acceptance or approval.

Article 8 – Depositary functions

The Secretary General of the Council of Europe shall notify all the member states of the
Council of Europe of:

a any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c any date of entry into force of this Protocol in accordance with Articles 4 and 7;

d 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 Vilnius, this 3rd day of May 2002, in English and in 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.

25
 NOTES
for the guidance of persons wishing to apply to the
EUROPEAN COURT OF HUMAN RIGHTS

I. WHAT CASES CAN THE COURT DEAL WITH?

1. The European Court of Human Rights is an international court which can examine
complaints from persons claiming that their rights under the European Convention on
Human Rights have been infringed. This Convention is an international treaty by which a
large number of European States have agreed to secure certain fundamental rights.
The rights guaranteed are set out in the Convention itself, and also in Protocols Nos. 1, 4,
6, 7, 12 and 13 which only some of the States have accepted. You should read these
texts, which are all enclosed.

2. If you consider that you have personally and directly been the victim of a breach
of one or more of these fundamental rights by one or more of the States, you may
complain to the Court.

3. The Court can only deal with complaints relating to infringements of one or more of
the rights set out in the Convention and Protocols. It is not a court of appeal vis-à-vis
national courts and cannot annul or alter their decisions. Nor can it intervene directly on
your behalf with the authority you are complaining about.

4. The Court can only examine complaints that are directed against States which have
ratified the Convention or the Protocol in question. It cannot examine complaints
concerning events occurring before ratification. The dates of ratification are set out in the
present document.

5. You can only complain to the Court about matters which are the responsibility of
a public authority (legislature, administrative authority, court of law, etc.) of one of these
States. The Court cannot deal with complaints against private individuals or private
organisations.

6. Under the terms of Article 35 § 1 of the Convention, the Court can only deal with an
application after all domestic remedies have been exhausted and within a period of
six months from the date on which the final domestic decision was taken. The Court
will not be able to consider any application that does not satisfy these admissibility
requirements.

7. Exhaustion of domestic remedies means that before applying to the Court you must
first have tried to obtain a decision on the subject matter of your complaint from the
national courts, including appealing to the highest court which has jurisdiction. If you have
not used such a remedy, you will have to show that it was ineffective.

8. When applying to the national courts, you must normally comply with national
rules of procedure, including time-limits. If, for instance, your appeal is dismissed
because you have brought it too late or in the wrong court or have not used the proper
procedure, the Court will not be able to examine your case.

9. However, if you are complaining of a court decision such as a conviction or

sentence, it is not necessary to have tried to have your case reopened after going
through the normal appeal procedures in the courts. Nor do you have to have made use
of remedies outside the courts or seek a pardon or an amnesty. Petitions (to Parliament,
the Head of State or Government, a minister or an ombudsman) are not regarded as
effective remedies that you must have used.
 Notes for the guidance

10. After a decision of the highest competent national court or authority has been given,
you have six months within which you may apply to the Court. The six-month period
begins when the final court decision in the ordinary appeal process is served on
you or your lawyer, not on the date of any later refusal of an application to reopen your
case or of a petition for pardon or amnesty or of any other application to a public
authority.

11. This six-month period will be interrupted when you send to the Court either a first
letter clearly setting out – even if only in summary form – the subject-matter of the
application you may wish to lodge or a completed application form. A mere request for
information is not sufficient to stop time running for the purposes of complying with the
six-month time-limit.

12. Purely for information purposes, you should be aware that more than 90% of the
applications examined by the Court are declared inadmissible for failure to comply with
the formal conditions for an application.

II. HOW TO APPLY TO THE COURT

13. The Court’s official languages are English and French but if it is easier for you, you
may alternatively write to the Registry in an official language of one of the States that
have ratified the Convention. During the initial stage of the proceedings you may also
receive correspondence from the Court in that language. Please note, however, that at a
later stage of the proceedings, namely if the Court decides to ask the Government to
submit written comments on your complaints, all correspondence from the Court will be
sent to you in English or French and you or your representative will in principle also be
required to use English or French in your subsequent submissions.

14. Applications to the Court may be made only by post (not by telephone). If you send
your application by e-mail or fax, you must confirm it by post. No purpose will be served
by your coming to Strasbourg in person to state your case orally.

15. All correspondence relating to your complaint should be sent to the following
address:

The Registrar
European Court of Human Rights
Council of Europe
F–67075 STRASBOURG CEDEX.

Please do not staple, seal with adhesive tape, or otherwise bind any
correspondence or documents you send to the Court. All pages should be numbered
consecutively.

16. On receipt of your first letter or the application form, the Registry of the Court will
reply, telling you that a file (whose number must be mentioned in all subsequent
correspondence) has been opened in your name and sending you a set of barcodes
which you should attach to any future correspondence. Subsequently, you may be asked
for further information, documents or particulars of your complaints. The Registry cannot
however provide you with information about the law of the State against which you are
making your complaint or give legal advice concerning the application and interpretation
of national law.

17. It is in your interest to reply rapidly to any correspondence from the Registry. Any
delay or failure to reply may be taken to mean that you no longer wish to pursue the
examination of your case.

27
 Notes for the guidance

18. If you consider that your complaints concern one of the rights guaranteed by the
Convention or one of the Protocols, and that the conditions described above are satisfied,
you should fill in the application form carefully and legibly and send it, together
with any documents required for its examination, as soon as possible and not later
than eight weeks after the date of the first letter from the Registry. If the application
form is not sent within those eight weeks, it will be the date on which you send your
completed application form which determines whether you have complied with the six-
month time-limit set out in Article 35 § 1 (see paragraphs 6 and 10 above) and not the
date of your first letter. Moreover, if the application form has not been returned six months
from the date when it was sent to you, this will be taken to mean that you no longer wish
to pursue the examination of your case, and the file will be destroyed. In addition, failure
to provide further information or documents at the Registry's request may result in the
application not being examined by the Court or being declared inadmissible or struck out
of the Court's list of cases.

19. When you fill in an application form, you should make sure that you:

(a) set out the relevant information about the parties (Section I of the form), with a
separate sheet for each applicant, if necessary, and a form (or forms) of authority if a
representative is appointed;

(b) give clear and concise details of the facts you are complaining about (Section
II). Give exact dates and try to describe the events in the order in which they occurred. If
your complaints relate to a number of different matters (for example different sets of court
proceedings), deal with each matter separately;

(c) explain as precisely as you can what your complaint under the Convention is
(Section III). Say which Convention provisions you rely on and explain why the facts that
you have set out in Section II involve a violation of those provisions;

(d) give the information needed to show that you have complied with the time-limits
and the rules on exhaustion of remedies (Section IV). You should give the information
separately for each complaint;

(e) state briefly what you want to achieve through your application to the Court
(Section V);

(f) indicate whether you have submitted the complaints in your application to any
other procedure of international investigation or settlement (Section VI). If you have, you
should give details, including the name of the body to which you submitted your
complaints, dates and details of any proceedings which took place and details of
decisions taken. You should also submit copies of relevant decisions and other
documents;

(g) enclose a list of all judgments and decisions referred to in Sections IV and VI as
well as any other documents you wish the Court to take into consideration as evidence
(transcripts, witness statements etc) (Section VII). If you have not already done so, you
should also enclose full copies of the documents themselves. No documents will be
returned to you. It is thus in your interest to submit copies, not originals;

(h) sign the declaration. If the declaration is signed by a representative, a properly

completed form of authority must accompany the form, if it has not already been
submitted.

20. As a general rule any information contained in the documents which you lodge with
the Registry, including information about identified or identifiable persons, may be
accessible to the public. Moreover, such information may appear in the Court’s HUDOC
data base accessible via the Internet if the Court includes it in a statement of facts
prepared for notification of the case to the respondent Government, a decision on
admissibility or striking off, or a judgment. If you do not wish your identity to be disclosed
to the public, you must say so and set out the reasons for such a departure from the

28
 Notes for the guidance

normal rule of public access to information in the proceedings. The Court may authorise
anonymity in exceptional and duly justified cases.

21. For the purpose of lodging the initial complaint, you need not be represented by a
lawyer, nor does your representative have to be a lawyer. If you have legal
representation, the application form must be accompanied by your authority for the
lawyer or other representative to act on your behalf. A representative of a legal entity
(company, association, etc.) or group of individuals must provide proof of his or her legal
right to represent it.

22. The Court does not grant legal aid to help you pay for a lawyer to draft your initial
complaint. At a later stage of the proceedings – after a decision by the Court to
communicate the application to the government concerned for written observations – you
may be eligible for free legal aid if you have insufficient means to pay a lawyer’s fees and
if a grant of such aid is considered necessary for the proper conduct of the case.

23. Your case will be dealt with free of charge. As the proceedings are initially in
writing, there is no point in coming to the Court’s premises in person. You will
automatically be informed of any decision taken by the Court.

29
 DATES OF ENTRY INTO FORCE2 (03/03/08)

Convention Protocol No. 1 Protocol No. 4 Protocol No. 6 Protocol No. 7 Protocol No. 12 Protocol No. 13
States
CETS 005 CETS 009 CETS 046 CETS 114 CETS 117 CETS 177 CETS 187
Albania 02/10/96 02/10/96 02/10/96 01/10/00 01/01/97 01/04/05 01/06/07
Andorra 22/01/96 06/05/08 06/05/08 01/02/96 01/08/08 01/09/08 01/07/03
Armenia 26/04/02 26/04/02 26/04/02 01/10/03 01/07/02 01/04/05

Austria 03/09/58 03/09/58 18/09/69 01/03/85 01/11/88 01/05/04

Azerbaijan 15/04/02 15/04/02 15/04/02 01/05/02 01/07/02
Belgium 14/06/55 14/06/55 21/09/70 01/01/99 01/10/03

Bosnia and Herzegovina 12/07/02 12/07/02 12/07/02 01/08/02 01/10/02 01/04/05 01/11/03

Bulgaria 07/09/92 07/09/92 04/11/00 01/10/99 01/02/01 01/07/03

Croatia 05/11/97 05/11/97 05/11/97 01/12/97 01/02/98 01/04/05 01/07/03
Cyprus 06/10/62 06/10/62 03/10/89 01/02/00 01/12/00 01/04/05 01/07/03
Czech Republic 01/01/93 01/01/93 01/01/93 01/01/93 01/01/93 01/11/04
Denmark 03/09/53 18/05/54 02/05/68 01/03/85 01/11/88 01/07/03
Estonia 16/04/96 16/04/96 16/04/96 01/05/98 01/07/96 01/06/04
Finland 10/05/90 10/05/90 10/05/90 01/06/90 01/08/90 01/04/05 01/03/05
France 03/05/74 03/05/74 03/05/74 01/03/86 01/11/88 01/02/08
Georgia 20/05/99 07/06/02 13/04/00 01/05/00 01/07/00 01/04/05 01/09/03
Germany 03/09/53 13/02/57 01/06/68 01/08/89 01/02/05
Greece 28/11/74 28/11/74 01/10/98 01/11/88 01/06/05
Hungary 05/11/92 05/11/92 05/11/92 01/12/92 01/02/93 01/11/03
Iceland 03/09/53 18/05/54 02/05/68 01/06/87 01/11/88 01/03/05
Ireland 03/09/53 18/05/54 29/10/68 01/07/94 01/11/01 01/07/03
Italy 26/10/55 26/10/55 27/05/82 01/01/89 01/02/92
Latvia 27/06/97 27/06/97 27/06/97 01/06/99 01/09/97

2
In a certain number of cases, States have made declarations or reservations which affect their obligations under the Convention and the protocols. A full list is available
on the Court’s internet site, www.echr.coe.int, or from the Registry.

30
 DATES OF ENTRY INTO FORCE (03/03/08)

Convention Protocol No. 1 Protocol No. 4 Protocol No. 6 Protocol No. 7 Protocol No. 12 Protocol No. 13
States
CETS 005 CETS 009 CETS 046 CETS 114 CETS 117 CETS 177 CETS 187
Liechtenstein 08/09/82 14/11/95 08/02/05 01/12/90 01/05/05 01/07/03
Lithuania 20/06/95 24/05/96 20/06/95 01/08/99 01/09/95 01/05/04
Luxembourg 03/09/53 18/05/54 02/05/68 01/03/85 01/07/89 01/07/06 01/07/06
Monaco 30/11/05 30/11/05 01/12/05 01/02/06 01/03/06
Malta 23/01/67 23/01/67 05/06/02 01/04/91 01/04/03 01/07/03
Moldova 12/09/97 12/09/97 12/09/97 01/10/97 01/12/97 01/02/07
Montenegro 06/06/06 06/06/06 06/06/06 06/06/06 06/06/06 06/06/06 06/06/06
Netherlands 31/08/54 31/08/54 23/06/82 01/05/86 01/04/05 01/06/06
Norway 03/09/53 18/05/54 02/05/68 01/11/88 01/01/89 01/12/05
Poland 19/01/93 10/10/94 10/10/94 01/11/00 01/03/03
Portugal 09/11/78 09/11/78 09/11/78 01/11/86 01/03/05 01/02/04
Romania 20/06/94 20/06/94 20/06/94 01/07/94 01/09/94 01/11/2006 01/08/03
Russia 05/05/98 05/05/98 05/05/98 01/08/98
San Marino 22/03/89 22/03/89 22/03/89 01/04/89 01/06/89 01/04/05 01/08/03
Serbia 03/03/04 03/03/04 03/03/04 01/04/04 01/06/04 01/04/05 01/07/04
Slovakia 01/01/93 01/01/93 01/01/93 01/01/93 01/01/93 01/12/05
Slovenia 28/06/94 28/06/94 28/06/94 01/07/94 01/09/94 01/04/04
Spain 04/10/79 27/11/90 01/03/85 01/06/08
Sweden 03/09/53 18/05/54 02/05/68 01/03/85 01/11/88 01/08/03
Switzerland 28/11/74 01/11/87 01/11/88 01/07/03
the former Yugoslav
10/04/97 10/04/97 10/04/97 01/05/97 01/07/97 01/04/05 01/11/04
Republic of Macedonia
Turkey 18/05/54 18/05/54 01/12/03 01/06/06
Ukraine 11/09/97 11/09/97 11/09/97 01/05/00 01/12/97 01/07/06 01/07/03
United Kingdom 03/09/53 18/05/54 01/06/99 01/02/04

31
32
 EUROPEAN COURT OF HUMAN RIGHTS
A U T H O R I T Y1
(Rule 36 of the Rules of Court)

I, .........................................................................................................................................................

............................................................................................................................................................
(name and address of applicant)

hereby authorise .................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................
(name, address and occupation of representative)

to represent me in the proceedings before the European Court of Human Rights, and in any
subsequent proceedings under the European Convention on Human Rights, concerning my
application introduced under Article 34 of the Convention against

............................................................................................................................................................
(respondent State)

on .......................................................................................................................................................
(date of letter of introduction)

............................................................
(place and date)

.....................................................................
(signature of applicant)

I hereby accept the above appointment

............................................................
(signature of representative)

1
This form must be completed and signed by any applicant wishing to be represented before the
Court and by the lawyer or other person appointed.