Privileges Act (European Court of Human Rights) Order, 2013

L.N. 79 of 2013

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(CAP. 191)

Application of Part III of the Diplomatic Immunities and

Privileges Act (European Court of Human Rights) Order, 2013

IN exercise of the powers conferred by article 5 of the

Diplomatic Immunities and Privileges Act, the Minister responsible

for foreign affairs has made the following Order:-

The title of this Order is the Application of Part III of the

Diplomatic Immunities and Privileges Act (European Court of

Human Rights) Order, 2013.

The judges, the Registrar and the Deputy Registrar of the

European Court of Human Rights shall enjoy the immunities and

privileges set out in the First and Second Schedules to this Order.

(1) The Articles set out in the Schedules to this Order

(being Articles of the General Agreement on the Privileges and

Immunities of the Council of Europe and of the Sixth Protocol to the

General Agreement on Privileges and Immunities of the Council of

Europe) shall have the same force of law in Malta.

(2) The Articles referred to in subarticle (1) appear in the First

and Second Schedules in the English language only and are being

published with the English text of this Order.

First Schedule

GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES

OF THE COUNCIL OF EUROPE

Article 18

Officials of the Council of Europe shall

(a)

be immune from legal process in respect of words spoken or

written and all acts performed by them in their official capacity and within

the limit of their authority;

(b) be exempt from taxation on the salaries and emoluments paid to

them by the Council of Europe;

(c)

be immune, together with their spouses and relatives dependant

on them, from immigration restrictions and aliens’ registration;

(d) be accorded the same privileges in respect of exchange facilities

as are accorded to officials of comparable rank forming part of diplomatic

missions to the government concerned;

(e)

be given, together with their spouses and relatives dependant on

them, the same repatriation facilities in time of international crisis as

diplomatic envoys;

(f)

have the right to import free of duty their furniture and effects at

the time of first taking up their post in the country in question, and to re-

export the same free of duty to their country of domicile.

Second Schedule

SIXTH PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES

AND IMMUNITIES OF THE COUNCIL OF EUROPE

Article 1

In addition to the privileges and immunities specified in Article 18 of the

General Agreement, judges shall be accorded in respect of themselves, their

spouses and minor children the privileges and immunities, exemptions and

facilities accorded to diplomatic envoys in accordance with international law.

Article 2

For the purposes of this Protocol, the term "judges" means judges elected in

accordance with Article 22 of the Convention as well as any ad hoc judge

appointed by a State Party concerned in pursuance of Article 27, paragraph 2, of

the Convention.

Article 3

In order to secure for the judges complete freedom of speech and complete

independence in the discharge of their duties, the immunity from legal process in

respect of words spoken or written and all acts done by them in discharging their

duties shall continue to be accorded, notwithstanding that the persons concerned

are no longer engaged in the discharge of such duties.

Article 4

Privileges and immunities are accorded to judges not for the personal benefit

of the individuals themselves but in order to safeguard the independent exercise of

their functions. The plenary Court alone shall be competent to waive the immunity

of judges; it has not only the right, but is under a duty, to waive the immunity of a

judge in any case where, in its opinion, the immunity would impede the course of

justice, and where it can be waived without prejudice to the purpose for which the

immunity is accorded.

Article 5

1. The provisions of Articles 1, 3 and 4 of this Protocol shall apply to the

Registrar of the Court and a Deputy Registrar formally notified as Acting Registrar

to the States Parties to the Convention.

2. The provisions of Article 3 of this Protocol and Article 18 of the

General Agreement shall apply to a Deputy Registrar of the Court.

3. The privileges and immunities referred to in paragraphs 1 and 2 of this

Article are accorded to the Registrar and a Deputy Registrar not for the personal

benefit of the individuals themselves but to facilitate the discharge of their duties.

The plenary Court alone shall be competent to waive the immunity of its Registrar

and a Deputy Registrar; it has not only the right, but is under a duty, to waive such

immunity in any case where, in its opinion, the immunity would impede the course

of justice, and where it can be waived without prejudice to the purpose for which

the immunity is accorded.

Article 6

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, judges and the registry may not be held up or subjected to censorship.

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