Irish Human Rights and Equality Commission Act 2014

SCHEDULE 1 Repeals

SCHEDULE 1

Repeals

Section 7

Number and year

Number and year

Short title

Short title

Extent of repeal

Extent of repeal

No. 21 of 1998

No. 21 of 1998

Employment Equality Act 1998

Employment Equality Act 1998

Parts V and VI

Parts V and VI

No. 8 of 2000

No. 8 of 2000

Equal Status Act 2000

Equal Status Act 2000

Part IV

Part IV

No. 9 of 2000

No. 9 of 2000

Human Rights Commission Act 2000

Human Rights Commission Act 2000

The whole Act

The whole Act

SCHEDULE 2 Inquiries

SCHEDULE 2

Inquiries

Section 35

Evidence generally to be given in private

1. (1) The Commission shall conduct its inquiry in private unless—

(a) a witness requests that all or part of his or her evidence be heard in public and the Commission accedes to that request, or

(b) the Commission is satisfied that it is desirable in the interests of both the inquiry and fair procedures to hear all or part of the evidence of a witness in public.

(2) Where the evidence of a witness is heard in private—

(a) the Commission may give directions as to the persons who may be present while the evidence is heard,

(b) legal representatives of persons other than the witness may be present only if the Commission—

(i) is satisfied that their presence would be in keeping with the purposes of the inquiry and would be in the interests of fair procedures, and

(ii) directs that they be allowed to be present,

(c) the witness may be cross examined by or on behalf of any person only if the Commission so directs, and

(d) any member of the Commission may, orally or by written interrogatories, examine the witness on his or her evidence.

(3) A person (including a member of the Commission) shall not disclose or publish any evidence given or the contents of any document produced by a witness while giving evidence in private, except—

(a) as directed by a court,

(b) to the extent necessary for the purposes of paragraph 2, or

(c) to the extent otherwise necessary in the interests of fair procedures and then only with the written consent of the Commission.

(4) Subparagraph (3) shall not operate to prohibit the publication in a report under this Act of any facts established by the Commission on the basis of evidence received in private.

(5) A person who contravenes subparagraph (3) shall be guilty of an offence.

Commission to disclose substance of evidence to witnesses

2. (1) Subject to subparagraph (2), the Commission shall disclose to a person—

(a) who is directed to attend as a witness before the Commission,

(b) who attends voluntarily to give evidence to the Commission, or

(c) about whom evidence is given to the Commission,

the substance of any evidence in its possession that, in its opinion, the person should be aware of for the purposes of the evidence that person may give or has given to the Commission.

(2) Subparagraph (1) does not require the disclosure of the source of any evidence given or document produced by a witness while giving evidence in private under paragraph 1, unless the Commission considers that, in view of the purposes of the inquiry or in the interests of fair procedures, the source should be disclosed.

(3) The Commission shall give a person to whom it discloses the substance of evidence under subparagraph (1) an opportunity to comment by written or oral submissions on the evidence.

Duty to inform witnesses of Commission’s powers etc.

3. (1) Before a person gives evidence to the Commission, whether voluntarily or on being directed by it to do so, the Commission shall give the person a written statement—

(a) specifying the Commission’s powers under paragraphs 6, 7 and 14, and

(b) informing the person that, if he or she does not voluntarily co-operate with the Commission or withdraws co-operation, the Commission may exercise any of those powers as it considers necessary.

(2) If no legal representative is present to advise a witness, the Commission shall advise the witness of his or her legal rights and obligations while giving evidence on oath or affirmation.

(3) The duties imposed on the Commission under this paragraph may be performed by any member of the Commission.

Power to administer oaths etc.

4. (1) A witness who attends before the Commission to give evidence may be required to give evidence on oath or affirmation.

(2) Any member of the Commission may administer any oaths or take any affirmations necessary for the purposes of an inquiry.

Commission to establish or adopt rules and procedures

5. (1) The Commission may, having regard to the need to observe fair procedures, establish or adopt rules and procedures for—

(a) receiving and recording evidence, and

(b) receiving submissions.

(2) The rules and procedures of the Commission may, among other things, specify the form in which and the means by which evidence or submissions may be received by it.

(3) The Commission shall make copies of its rules and procedures available to persons likely to be affected by them.

Powers relating to witnesses and documents

6. (1) For the purposes of an inquiry, the Commission may do any or all of the following

(a) direct in writing any person to attend before the Commission on a date and at a place and time specified in the direction and there to give evidence and to produce any document that is in the person’s possession or power and is specified in the direction;

(b) direct a witness to answer questions that it believes to be relevant to a matter that is the subject of the inquiry;

(c) examine a witness on oath or affirmation or by use of a statutory declaration or written interrogatories;

(d) examine or cross examine any witness to the extent the Commission thinks proper in order to elicit information relevant to a matter that is the subject of the inquiry;

(e) direct a witness to produce to the Commission any document that is in his or her possession or power and is specified in the direction;

(f) direct in writing any person to—

(i) provide the Commission with a list, verified by affidavit, disclosing all documents in the person’s possession or power relating to a matter that is the subject of the inquiry, and

(ii) specify in the affidavit any of the listed documents that the person objects to producing to the Commission and the basis for the objection;

(g) direct in writing any person to send to the Commission any document that is in the person’s possession or power and is specified in the direction;

(h) give any other directions that appear to the Commission to be reasonable.

(2) The powers of the Commission under subparagraph (1) may be exercised by any member of the Commission.

(3) A person who attends, whether voluntarily or otherwise, before the Commission is entitled to be paid by the Commission such amount in respect of the expenses of his or her attendance as is determined in accordance with guidelines prepared by the Commission in consultation with the Minister, with the consent of the Minister for Public Expenditure and Reform.

(4) The rules of court relating to the discovery of documents in proceedings in the High Court apply with any necessary modifications in relation to the disclosure of documents under subparagraph (1)(f).

(5) Where a person does not comply with a direction given by the Commission under this paragraph, the Commission may make an application to the High Court in accordance with paragraph 11.

(6) A person who, without reasonable excuse, fails to comply with a direction under subparagraph (1)(a) to attend before the Commission shall be guilty of an offence.

(7) The failure of a person to comply with a direction under subparagraph (1)(a) —

(a) may be punished as a contempt following an application under paragraph 11 even though it could be punished as an offence, and

(b) may be punished as an offence even though it could be punished as a contempt,

but the person is not liable to be punished twice.

(8) In subparagraph (3) ‘‘expenses’’ does not include any legal costs.

Powers to direct certain persons to pay costs

7. (1) If, as a result of a person—

(a) failing, without reasonable excuse, to comply with a direction under paragraph 6, or

(b) otherwise obstructing an inquiry,

the Commission incurs costs that it would not otherwise have incurred, it may, in writing, direct the person to pay to the Commission those costs, including legal costs as taxed by a Taxing Master of the High Court and costs arising from any delay in completing the inquiry.

(2) If any person who attends before or gives evidence to the Commission is adversely affected as a result of an act or omission referred to in subparagraph (1), the Commission may—

(a) on its own initiative, or

(b) at the request of the person adversely affected,

direct the person whose act or omission had that result to pay to the person adversely affected all or part of any costs (including legal costs as taxed by a Taxing Master of the High Court) that he or she incurred as a result of the act or omission.

(3) A direction of the Commission to pay costs under subparagraph (1) or (2) shall not take effect until it is confirmed by the High Court on application to it by the Commission.

(4) On application for an order under subparagraph (3), the High Court may—

(a) make an order confirming the direction with or without modification, or

(b) refuse to make such an order.

(5) Subject to subparagraph (3), any sum payable pursuant to a direction under this paragraph may be recovered as a simple contract debt in any court of competent jurisdiction.

(6) A person may be directed to pay costs under this paragraph even though the act or omission that resulted in the direction is punishable as contempt or as an offence under this Act, and the direction does not prevent the person being punished for contempt or the bringing of proceedings in respect of the offence.

Offence of making false statement

8. Any person who, while giving evidence pursuant to an inquiry, makes a statement material in the inquiry concerned that the person knows to be false or does not believe to be true shall be guilty of an offence.

Evidence given to Commission not admissible in certain proceedings

9. None of the following is admissible as evidence against a person in any criminal or other proceedings, other than in proceedings for an offence under paragraph 8

(a) a statement or admission made by the person to the Commission;

(b) a document given or sent to the Commission pursuant to a direction or request of the Commission to the person;

(c) a document specified in an affidavit of documents made by the person and given to the Commission pursuant to a direction or request of the Commission.

Privileges and immunities of witnesses

10. A person who gives evidence to the Commission or who produces or sends documents to the Commission as directed by the Commission—

(a) has the same immunities and privileges in respect of that evidence or those documents, and

(b) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness in proceedings in the High Court.

Application to court in event of failure to comply with certain requirements

11. (1) If it appears to the Commission that a person has failed to comply with a direction under paragraph 6, the Commission may apply to the High Court for an order requiring the person to comply with the requirement.

(2) On application to it under subparagraph (1) the High Court may, if satisfied as to the failure of the person concerned to comply with the requirement concerned, make the order directing that person to comply with the requirement unless the Court is of opinion that the requirement in question purports to require the person concerned to—

(a) produce a document or thing, or

(b) furnish information,

for which the person is entitled to claim legal professional privilege, in which case it shall set aside the requirement.

Guidelines relating to recovery of legal costs necessarily incurred by witnesses

12. (1) With the consent of the Minister for Public Expenditure and Reform and after consulting with the Commission, the Minister shall prepare general guidelines (in this Act referred to as “legal costs guidelines”) concerning the payment by the Commission to witnesses of legal costs necessarily incurred by them in connection with an inquiry.

(2) For the purposes of this paragraph and paragraph 13, legal costs are necessarily incurred by a witness in connection with an inquiry by the Commission if—

(a) the good name or conduct of the witness is called into question by any evidence received by the Commission, or

(b) other personal or property rights of the witness are at risk of being jeopardised as a result of any evidence received by the Commission.

(3) The legal costs guidelines may—

(a) restrict the types of legal services or fees for which payment may be made, and

(b) otherwise limit (including by specifying maximum amounts) the extent to which legal costs may be paid.

(4) Before evidence is given to the Commission, the Commission shall give the witness a copy of the legal costs guidelines prepared by the Minister.

Requests for recovery of costs

13. (1) The Commission may, if it is satisfied of the matters specified in subparagraph (2), pay all or part of the legal costs necessarily incurred by a witness in connection with its inquiry as may be agreed between the Commission with that person or, in default of agreement, such costs as may be taxed by a Taxing Master of the High Court.

(2) The Commission shall be satisfied that—

(a) the legal costs were necessarily incurred,

(b) the level and amount of those costs are reasonable, and

(c) the payment comes within the legal costs guidelines.

(3) For the purpose of satisfying itself as to the matters specified in subparagraph (2), the Commission shall consider all relevant factors, including—

(a) the nature, complexity and extent of the evidence given to the Commission by the witness,

(b) the nature, complexity and volume of any documents or list of documents provided by the witness to the Commission,

(c) whether evidence given by or relating to the witness was given in private or in public,

(d) whether the witness was cross examined by or on behalf of other persons,

(e) whether there has been any improper failure by the witness to co-operate with the Commission in its inquiry and, if so, the degree of failure, and

(f) any potential consequences for the witness arising from the publication of the Commission’s report.

(4) After considering all relevant factors, the Commission may direct in writing that a witness be paid less than the maximum amount provided for in the legal costs guidelines.

(5) If a witness who has incurred substantial expenses (other than legal costs) because of—

(a) the nature, volume or location of the documents produced by the witness,

(b) the location outside the State from which the witness travelled to attend before the Commission, or

(c) any other factor not within the control of the witness,

requests payment of all or part of those expenses, the Commission may, on being satisfied that they were necessary in the circumstances, direct in writing that such amount of the expenses as it considers reasonable be paid by it as may be agreed between the Commission and that person or, in default of agreement, such costs as may be taxed by a Taxing Master of the High Court.

(6) A written direction of the Commission shall be signed by a member of the Commission.

Other powers relating to inquiries

14. (1) Upon the application in that behalf of a member of staff of the Commission to the District Court, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that there has been a failure to comply with a requirement under paragraph 6 in respect of any documents or things and such documents or things are on any premises (including a dwelling), issue a warrant authorising the person named on the warrant, accompanied by such members of staff of the Commission or members of An Garda Síochána as may be necessary, at any time or times within one month after the date of issue of the warrant to—

(a) enter the premises (if necessary by the use of reasonable force),

(b) search the premises and inspect and take possession of all books, documents, records or things as appear to be the documents or things that are the subject of a requirement under paragraph 6(1)(f), and

(c) take all necessary measures to ensure that such documents or things are preserved and not interfered with.

(2) Subject to subparagraph (3), any documents or things of which possession is taken in accordance with a warrant under this paragraph may be retained until the completion of the inquiry by the Commission.

(3) If within the period specified in subparagraph (2), proceedings for an offence are brought against any person and documents or other things of which possession is taken in accordance with a warrant under this paragraph are required for the purposes of those proceedings, those documents or things may be retained until final judgment is entered in those proceedings.

(4) Any person who obstructs or interferes with a member of staff of the Commission or a member of An Garda Síochána in the course of exercising a power conferred on him or her by warrant under this paragraph or impedes the exercise by the member of staff or member of An Garda Síochána, as the case may be, shall be guilty of an offence.

Reports arising from inquiry

15. (1) The Commission may, and if requested by the Minister shall, make interim reports to the Minister during the course of its inquiry under section 35.

(2) On the conclusion of the inquiry, the Commission shall—

(a) prepare a written report, based on the evidence received by it, setting out the facts it established in relation to the inquiry,

(b) make such recommendations as it thinks fit, and

(c) furnish the report to the Minister.

(3) The Commission may omit from its report any information that identifies or that could reasonably be expected to lead to the identification of a person who gave evidence to the Commission or any other person, if in its opinion—

(a) the context in which the person was identified has not been clearly established,

(b) disclosure of the information might prejudice any criminal proceedings that are pending or in progress,

(c) disclosure of the information would not be in the interests of the inquiry or any subsequent inquiry, or

(d) it would not be in the person’s interests to have his or her identity made public and the omission of the information would not be contrary to the interests of the inquiry or any subsequent inquiry.

(4) Before submitting a final or interim report to the Minister, the Commission shall send a draft of the report, or a relevant part of it, to any person who is identified in or identifiable from the draft report and advise the person by notice in writing that he or she may make written submissions within the time specified in the notice to the Commission if he or she believes that the Commission has not observed fair procedures in relation to the person.

(5) Where the Commission receives submissions from a person under subparagraph (4), the Commission shall have regard to such submissions and may—

(a) amend the report,

(b) apply to the Circuit Court for directions, or

(c) submit the report to the Minister without making any amendments.

(6) After hearing an application under subparagraph (5) the Court may make any order or give any directions it thinks fit, including a direction to the Commission to do one or more of the following

(a) submit the draft report to the Minister without making any amendments;

(b) give a person specified by the Court an opportunity to give any evidence or make any submission that it considers necessary before the draft report is finalised;

(c) submit the draft report to the Minister after making such amendments as the Court may direct.

(7) Before submitting the report to the Minister, the Commission shall give written notice of any amendments made under this paragraph to any person who is identified in or identifiable from the report and who is affected by the amendments.

Confidentiality of draft reports

16. (1) A person who receives a draft of a report or part of a draft report from the Commission under paragraph 15 shall not disclose its contents or divulge in any way that the draft or part of the draft has been sent to that person, except—

(a) with the prior written consent of the Commission, or

(b) to the extent necessary for the purposes of an application to the Circuit Court.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence.

Publication of final and interim reports

17. (1) Subject to subparagraph (2), the Commission shall cause the final report or an interim report to be published or otherwise made available and shall give notice to the public of the publication or availability.

(2) If the Commission considers that the publication of the final report or an interim report may prejudice any criminal proceedings that are pending or in progress, it shall apply to the Circuit Court for directions concerning the publication of the report.

(3) Before determining an application under subparagraph (2), the Court shall direct that notice be given to the following

(a) the Attorney General;

(b) the Director of Public Prosecutions;

(c) any person who is a defendant in criminal proceedings relating to an act or omission that is mentioned in the report or that is related to any matter inquired into by the Commission and mentioned in the report.

(4) On an application under subparagraph (2), the Circuit Court may—

(a) receive submissions, and evidence tendered, by or on behalf of any person mentioned in subparagraph (3), and

(b) hear the application in private if the Court considers it appropriate to do so.

(5) If, after hearing the application, the Circuit Court considers that the publication of the report may prejudice any criminal proceedings, it may direct that the report or a specified part of it not be published—

(a) for a specified period, or

(b) until the Court otherwise directs.

Documents of Commission relating to inquiries absolutely privileged

18. The following are absolutely privileged

(a) documents of the Commission (including its draft, interim and final reports), wherever published;

(b) documents of the members of the Commission relating to the Commission or its functions, wherever published;

(c) statements made in any form by members of the Commission in performing their functions under this Act and such statements wherever subsequently published.

SCHEDULE 3 Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 3

Convention for the Protection of Human Rights and Fundamental Freedoms

1 1 Text amended by the provisions of Protocol No. 14 (CETS No. 194) as from the date of its entry into force on 1 June 2010.The text of the Convention had been previously 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 were 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, was repealed and Protocol No. 10 (ETS no. 146) had lost its purpose.

1 Text amended by the provisions of Protocol No. 14 (CETS No. 194) as from the date of its entry into force on 1 June 2010.

The text of the Convention had been previously 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 were 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, was repealed and Protocol No. 10 (ETS no. 146) had lost its purpose.

Section 55

SCHEDULE 1

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.

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.

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.

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, 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.

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 1Text amended according to the provisions of Protocol No.14 (CETS No. 194)

1Text amended according to the provisions of Protocol No.14 (CETS No. 194)

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.

Article 23 - Terms of office and dismissal 2 2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1 The judges shall be elected for a period of nine years. They may not be re-elected.

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

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

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

Article 24 - Registry and rapporteurs 2 2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1 The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court.

2 When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court’s registry.

Article 25 - Plenary Court 2 2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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;

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

d adopt the rules of the Court;

e elect the Registrar and one or more Deputy Registrars;

f make any request under Article 26, paragraph 2.

Article 26 - Single-judge formation, committees, Chambers and Grand Chamber 2 2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

2Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1 To consider cases brought before it, the Court shall sit in a single-judge formation, 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 At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.

3 When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.

4 There shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.

5 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 High Contracting Party concerned.

Article 27 - Competence of single judges 3 3New article according to the provisions of Protocol No. 14 (CETS No. 194).

3New article according to the provisions of Protocol No. 14 (CETS No. 194).

1 A single judge may declare inadmissible or strike out of the Court’s list of cases an application submitted under Article 34, where such a decision can be taken without further examination.

2 The decision shall be final.

3 If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.

Article 28 - Competence of committees 4 4Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

4Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1 In respect of an application submitted under Article 34, a committee may, by a unanimous vote,

a declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or

b declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.

2 Decisions and judgments under paragraph 1 shall be final.

3 If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.b.

Article 29 - Decisions by Chambers on admissibility and merits 1 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1 If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.

2 A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33. 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 1 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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;

b decide on issues referred to the Court by the Committee of Ministers in accordance with Article 46, paragraph 4; and

c consider requests for advisory opinions submitted under Article 47.

Article 32 - Jurisdiction of the Court 1 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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, 46 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 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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 if it considers that

a the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application; or

b the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal.

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 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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.

3 In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and 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

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 4 4Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

4Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).

The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.

Article 39 - Friendly settlements 4

1 At any stage of the proceedings, the Court may 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 shall be confidential.

3 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.

4 This decision shall be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.

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.

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 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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.

3 If the Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two thirds of the representatives entitled to sit on the Committee.

4 If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two thirds of the representatives entitled to sit on the Committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.

5 If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which shall close its examination of the case.

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.

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.

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 1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

1Text amended according to the provisions of Protocol No. 14 (CETS No. 194).

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 European Union may accede to this Convention.

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

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

5 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.

SCHEDULE 4 Insertion of a Schedule 6 in Act of 2003

SCHEDULE 4

Insertion of a Schedule 6 in Act of 2003

Section 55

SCHEDULE 6

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. 200 2

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;

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 - Prohibition of derogations

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

Article 3 - Prohibition 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 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 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.

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 3 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.