Zakon o ratifikaciji Protokola ter drugega, četrtega in petega protokola k Splošnemu sporazumu o privilegijih in imunitetah Sveta Evrope

The Governments signatory to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on the 2nd September 1949 (hereinafter referred to as the Agreement),

Desirous of extending the provisions of the Agreement,

Have agreed as follows:

Any present or future Member of the Council of Europe not a signatory of the Agreement may accede to the latter and to this Protocol by depositing its instrument of accession to them both with the Secretary-General of the Council of Europe, who shall notify the Members of the Council thereof.

a) The provisions of Part IV of the Agreement shall apply to representatives attending meeting of the Ministers' Deputies.

b) The provisions of Part IV of the Agreement shall apply to representatives other than Representatives to the Consultative Assembly attending meetings convened by the Council of Europe and held when neither the Committee of Ministers nor the Ministers' Deeputies are in session save that representatives attending such meetings shall not be exempt from arrest and prosecution when found committing, attempting to commit, or just having committed an offence.

The provisions of Article 15 of the Agreement shall apply to Representatives to the Assembly, and their Substitutes, at any time when they are attending or travelling to and from, meetings of Committees and Sub-Committees of the Consultative Assembly, whether or not the Assembly is itself in session at such time.

The permanent representatives of Members of the Council of Europe shall, while exercising their functions and during their journey to and from the place of meetings, enjoy the privileges, immunities and facilities normally enjoyed by diplomatic envoys of comparable rank.

Privileges, immunities and facilities are accorded to the representatives of Members not for the personal benefit of the individuals concerned, but in order to safeguard the independent exercise of their functions in connection with the Council of Europe. Consequently, a Member has not only the right but the duty to waive the immunity of its representative in any case where, in the opinion of the Member, the immunity would impede the course of justice and it can be waived without prejudice to the purpose for which the immunity is accorded.

The prosivions of Article 4 are not applicable in relation to the authorities of the State of which the person is a national or of the Member of which he is or has been a representative.

a) This Protocol shall be open to signature by all Members which have signed the Agreement. The Protocol shall be ratified at the same time as or after the ratification of the Agreement. Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.

b) This Protocol shall enter into force on the day when it shall have been ratified by all the signatories who at that date have ratified the Agreement, on condition that the number of signatories who have ratified the Agreement and the Protocol shall not be fewer than seven.

c) As regards and signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.

d) In the case of Members which have acceded to the Agreement and Protocol in accordance with the terms of Article I the Agreement and Protocol shall enter into force:

(i) On the date specified in paragraph (b) above in cases where the instrument of accession has been deposited prior to this date; or

(ii) On the date of deposit of the instrument of accession in cases where this instrument is deposited at a date subsequent to that specified in paragraph (b) above.

In witness hereof the undersigned, being duly authorised thereto, have signed the present Protocol

Done at Strasbourg on the 6th day of November 1952, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory and acceding Governments.

The Governments signatory hereto, being Members of the Council of Europe,

Considering that, under the terms of Afticle 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4th November, 1950, the members of the European Commission of Human Rights (hereinafter referred to as »The Commission«) are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder;

Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September, 1949,

Have agreed as follows:

The members of the Commission shall, while exercising their functions and during their journeys to and from their place of meeting, enjoy the following privileges and immunities:

(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

(b) inviolability from all papers and documents;

(c) exemption in respect of themselves and their spouses from immigration restrictions or aliens registration in the State which they are visiting or through which they are passing in the exercise of their functions.

1. No administative or other restrictions shall be imposed on the free movement of members of the Commission to and from the place of meeting of the Commission.

2. Members of the Commission shall, in the matter of customs and exchange control, be accorded:

(a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;

(b) by the Governments of other Members, the same facilities as those accorded to representatives of foreign Governments on temporary official duty.

In order to secure for the members of the Commission complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Privileges and immunities are accorded to the members of the Commission, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions, The Commission alone shall be competent to waive the immunity of its members; it has not only the right, but is under a duty, to waive the immunity of one of its members in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

This Protocol shall be open to the signature of the Members of the Council of Europe who may become Parties to it either by:

(a) signature without reservation in respect of ratification or by

(b) signature with reservation in respect of ratification followed by ratification.

Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.

1. This Protocol shall enter into force as soon as three members of the Council of Europe shall, in accordance with Article 5, have signed it without reservation in respect of ratification or shall have ratified it,

2. As regards any Member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature or deposit of the instrument of ratification.

The Secretary-General of the Council of Europe shall notify Members of the Council of the date of entry into force of the Protocol and shall give the names of any Members who have signed it without reservation in respect of ratification or who have ratified it.

In witness whereof the. undersigned, being duly authorised to that effect, have signed the present Protocol.

Done at Paris, this 15th day of December, 1956 in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall send copies to each of the signatory Governments.

The Governments signatory hereto, being Members of the Council of Europe,

Considering that, under the terms of Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4th November 1950 (hereinafter referred to as »the Convention«), the membes of the European Court of Human Rights (hereinafter referred to as »the Court«) are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder;

Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September 1949;

Have agreed as follows:

For the purposes of this Protocol, the term »judges« means judges elected in accordance with Article 39 of the Convention as well as any ad hoc judge appointed by a State party concerned in pursuance of Article 43 of the Convention.

The judges shall, while exercising their functions and during journeys made in the exercise of their functions, enjoy the following privileges and immunities:

(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them-in their official capacity, immunity from legal process of every kind;

(b) exemption in respect of themselves and their spouses as regards any restrictions on their freedom of movement on exit from and return to their country of residence, and entry into and exit from the country in which they exercise their functions; and from aliens' registration in the country which they are visiting or through which they are passing in the exercise of their functions.

In the course of journeys undertaken in the exercise of their functions, the judges shall, in the matter of customs and exchange control, be accorded:

(a) by their own Government the same facilities as those accorded to senior Government officials traveling abroad on temporary official duty;

(b) by the Governments of other Members, the same facilities as those accorded to heads of diplomatic missions.

1. Documents and papers of the Court, judges and Registry, in so far as they relate to the business of the Court, shall be inviolable.

2. The official correspondence and other official communications of the Court, its members and the Registry may not be held up or subjected to censorship.

In order to secure for the judges complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Privileges and immunities are accorded to judges not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions. The Court alone, sitting in plenary session, shall be competent to waive the immunity of judges; it has not only the right, but is under a duty, to waive the immunity of a judge in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity in accorded:

1. The provisions of Articles 2 to 5 of this Protocol shall apply to the Registrar of the Court and to the Deputy Registrar when he is acting as the Registrar, without prejudice to any privileges and imunities to which they may be entitled under Article 18 od the General Agreement on Privileges and Immunities of the Council of Europe.

2. Te provisions of Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply to the Deputy Registrar of the Court in respect of his services as such when he is not acting as Registrar.

3. The privileges and immunities referred to in paragraphs 1 and 2 of this Article are accorded to the Registrar and Deputy Registrar, not for the personal benefit of the individuals themselves but to facilitate the discharge of their duties. The Court alone, sitting in plenary session, shall be competent to waive the immunity of its Registrar and Deputy Registrar; it has not only the right, but is under a duty, to waive such immunity in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

1. Any State may, at the time of its signature without reservation in respect of ratification, of its ratification or at any time thereafter, declare, by notification addressed to the Secretary-General of the Council of Europe, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible and where, according to Article 63 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the said Convention applies.

2. The Protocol shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary-General of the Council of Europe.

This Protocol shall be open to the signature of the Members of the Council of Europe who may become parties to it either by:

(a) signature without reservation in respect of ratification, or by

(b) signature with reservation in respect of ratification followed by ratification.

Instruments of ratification shall be deposited with the Secreatary-General of the Council of Europe.

1. This Protocol shall enter into force as soon as three Members of the Council of Europe shall, in accordance with Article 9, have signed it without reservation in respect of ratification or shall have ratified it.

2. As regards any Member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature or deposit of the instrument of ratification.

The Secretary-General of the Council of Europe shall notify Members of the Council of:

(a) the names of signatories and the deposit of any instrument of ratification;

(b) the date of entry into force of this Protocol.

In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.

Done at Paris, this 16th day of December, 1961, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall send certified copies to each of the signatory Governments.

The member States of Council of Europe, signatories hereto,

Considering that, under the terms of Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as »the Convention«), signed at Rome on 4 November 1950, the members of the European Commission of Human Rights (hereinafter referred to as »the Commission«) and of the European Court of Human Rights (hereinafter referred to as »the Court«) are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder;

Recalling that the said privileges and immunities have been specified and defined in the Second and Fourth Protocols, signed at Paris on 15 December 1956 and 16 December 1961 respectively, to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2 September 1949;

Considering that it is necessary, in the light of changes in the operation of the Convention's control machinery, to supplement the above-mentioned General Agreement by another Protocol,

Have agreed as follows:

1. Members of the Commission and members of the Court shall be exempt from taxation on salaries, emoluments and allowances paid to them by the Council of Europe.

2. The term »members of the Commission and members of the Court« includes members who, after having been replaced, continue to deal with cases which they already have under consideration as well as any ad hoc judge appointed in pursuance of the provisions of the Convention.

1. This Protocol shall be open for signature by the member States of the Council of Europe, which may express their consent to be bound by:

a. signature without reservation as to ratification, acceptance or approval, or

b. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. No member State of the Council of Europe shall sign without reservation as to ratification, ratify, accept or approve this Protocol unless it has already ratified, or simultaneously ratifies, the General Agreement on Privileges and Immunities of the Council of Europe.

3. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

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 three member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 2.

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 signature or of the deposit of the instrument of ratification, acceptance or approval.

Pending the entry into force of this Protocol in accordance with paragraphs 1 and 2 of Article 3, the Signatories agree to apply the Protocol provisionally from the date of signature, so far as it is possible to do so under their respective constitutional systems.

The Secretary General of the Council of Europe shall notify the member Stares of 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 Article 3;

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 18th day of June 1990, 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.