Resolução da Assembleia da República n.º 273/2017

CourtAssembleia da República
Publication Date21 Dezembro 2017

Resolução da Assembleia da República n.º 273/2017

Aprova o Acordo Europeu relativo às Pessoas que intervenham em Processos perante o Tribunal Europeu dos Direitos Humanos, aberto a assinatura em Estrasburgo, em 5 de março de 1996.

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Acordo Europeu relativo às Pessoas que intervenham em Processos perante o Tribunal Europeu dos Direitos Humanos, aberto a assinatura em Estrasburgo, em 5 de março de 1996, cujo texto, na versão autenticada na língua inglesa e respetiva tradução para língua portuguesa, se publica em anexo.

Aprovada em 24 de março de 2017.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

EUROPEAN AGREEMENT RELATING TO PERSONS PARTICIPATING IN PROCEEDINGS OF THE EUROPEAN COURT OF HUMAN RIGHTS

The member States of the Council of Europe, signatories hereto:

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");

Recalling the European Agreement relating to Persons Participating in Proceedings of the European Commission and Court of Human Rights, signed at London on 6 May 1969;

Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention"), which establishes a permanent European Court of Human Rights (hereinafter referred to as "the Court") to replace the European Commission and Court of Human Rights;

Considering, in the light of this development, that it is advisable for the better fulfilment of the purposes of the Convention that persons taking part in proceedings before the Court be accorded certain immunities and facilities by a new Agreement, the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (hereinafter referred to as "this Agreement");

have agreed as follows:

Article 1

1 - The persons to whom this Agreement applies are:

a) any persons taking part in proceedings instituted before the Court as parties, their representatives and advisers;

b) witnesses and experts called upon by the Court and other persons invited by the President of the Court to take part in proceedings.

2 - For the purposes of this Agreement, the term "Court" shall include committees, chambers, a panel of the Grand Chamber, the Grand Chamber and the judges. The term "taking part in proceedings" shall include making communications with a view to a complaint against a State Party to the Convention.

3 - If in the course of the exercise by the Committee of Ministers of its functions under article 46, paragraph 2, of the Convention, any person mentioned in paragraph 1 above is called upon to appear before, or to submit written statements to the Committee of Ministers, the provisions of this Agreement shall apply in relation to him.

Article 2

1 - The persons referred to in paragraph 1 of article 1 of this Agreement shall have immunity from legal process in respect of oral or written statements made, or documents or other evidence submitted by them before or to the Court.

2 - This immunity does not apply to communication outside the Court of any such statements, documents or evidence submitted to the Court.

Article 3

1 - The Contracting Parties shall respect the right of the persons referred to in paragraph 1 of article 1 of this Agreement to correspond freely with the Court.

2 - As regards persons under detention, the exercise of this right shall in particular imply that:

a) their correspondence shall be despatched and delivered without undue delay and without alteration;

b) such persons shall not be subject to disciplinary measures in any form on account of any communication sent through the proper channels to the Court;

c) such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.

3 - In application of the preceding paragraphs, there shall be no interference by a public authority except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, for the detection or prosecution of a criminal offence or for the protection of health.

Article 4

1 - a) The Contracting Parties undertake not to hinder the free movement and travel, for the purpose of attending and returning from proceedings before the Court, of persons referred to in paragraph 1 of article 1 of this Agreement.

b) No restrictions shall be placed on their movement and travel other than such as are in accordance with the law and necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

2 - a) Such persons shall not, in countries of transit and in the country where the proceedings take place, be prosecuted or detained or be subjected to any other restriction of their personal liberty in respect of acts or convictions prior to the commencement of the journey.

b) Any Contracting Party may, at the time of signature, ratification, acceptance or approval of this Agreement, declare that the provisions of this paragraph will not apply to its own nationals. Such a declaration may be withdrawn at any time by means of a notification addressed to the Secretary General of the Council of Europe.

3 - The Contracting Parties undertake to re-admit on his return to their territory any such person who commenced his journey in the said territory.

4 - The provisions of paragraphs 1 and 2 of this article shall cease to apply when the person concerned has had, for a period of fifteen consecutive days from the date when his presence is no longer required by the Court, the opportunity of returning to the country from which his journey commenced.

5 - Where there is any conflict between the obligations of a Contracting Party resulting from paragraph 2 of this article and those resulting from a Council of Europe convention or from an extradition treaty or other treaty concerning mutual assistance in criminal matters with other Contracting Parties, the provisions of paragraph 2 of this article shall prevail.

Article 5

1 - Immunities and facilities are accorded to the persons referred to in paragraph 1 of article 1 of this Agreement solely in order to ensure for them the freedom of speech and the independence necessary for the discharge of their functions, tasks or duties, or the exercise of their rights in relation to the Court.

2 - a) The Court shall alone be competent to waive, in whole or in part, the immunity provided for in paragraph 1 of...

Para continuar a ler

PEÇA SUA AVALIAÇÃO

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT