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FIFTH SCHEDULE.
General Agreement on Privileges and Immunities of the Council of Europe.
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The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Kingdom of Greece, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden, the Turkish Republic and the United Kingdom of Great Britain and Northern Ireland;
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Whereas under the provisions of Article 40, paragraph (a), of the Statute, the Council of Europe, representatives of Members and the Secretariat shall enjoy in the territories of its Members such privileges and immunities as are necessary for the exercise of their duties;
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Whereas under the provisions of paragraph (b) of the above-mentioned Article, the Members of the Council have undertaken to enter into an agreement for the purposes of fulfilling the provisions of the said paragraph;
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Whereas in pursuance of the above-mentioned paragraph (b), the Committee of Ministers has recommended to Member Governments the acceptance of the following provisions;
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Have agreed as follows:
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PART I.
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Personality—Capacity.
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Article 1.
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The Council of Europe shall possess juridical personality. It shall have the capacity to conclude contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings.
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In these matters the Secretary-General shall act on behalf of the Council of Europe.
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Article 2.
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The Secretary-General shall co-operate at all times with the competent authorities of the Members to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities, exemptions and facilities enumerated in the present Agreement.
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PART II.
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Property, Funds and Assets.
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Article 3.
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The Council, its property and assets, wheresoever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case, the Committee of Ministers has expressly authorised the waiver of this immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution or detention of property.
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Article 4.
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The buildings and premises of the Council shall be inviolable. Its property and assets, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of interference whether by administrative, judicial or legislative action.
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Article 5.
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The archives of the Council, and in general all documents belonging to it or held by it, shall be inviolable wheresoever located.
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Article 6.
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Without being restricted by financial controls, regulations or financial moratoria of any kind:
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(a) the Council may hold currency of any kind and operate accounts in any currency;
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(b) the Council may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency;
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(c) in exercising its rights under sub-paragraphs (a) and (b) above, the Council of Europe shall pay due regard to any representations made by the Government of a Member and shall defer to such representations in so far as it considers this can be done without detriment to the interests of the Council.
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Article 7.
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The Council, its assets, income and other property shall be exempt:
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(a) from all direct taxes; the Council will not, however, claim exemption from rates, taxes or dues which are no more than charges for public utility services;
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(b) from all customs duties and prohibitions and restrictions on imports and exports in respect of articles required by the Council for its official use; articles imported under such exemption will not be sold in the country into which they are imported, except under conditions approved by the Government of that country;
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(c) from all customs duties, and prohibitions and restrictions on imports and exports in respect of its publications.
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PART III.
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Communications.
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Article 8.
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The Committee of Ministers and the Secretary-General shall enjoy in the territory of each Member, for their official communications, treatment at least as favourable as that accorded by that Member to the diplomatic missions of any other Government.
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No censorship shall be applied to the official correspondence and other official communications of the Committee of Ministers and of the Secretariat.
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PART IV.
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Representatives of Members to the Committee of Ministers.
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Article 9.
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Representatives at the Committee of Ministers shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:
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(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.
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(b) Inviolability for all papers and documents.
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(c) The right to use codes and to receive papers or correspondence by courier or in sealed bags.
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(d) 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.
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(e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of comparable rank of diplomatic missions.
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(f) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.
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Article 10.
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In order to secure for the representatives at the Committee of Ministers 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.
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Article 11.
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Privileges and immunities are accorded to the representatives of Members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Committee of Ministers. Consequently, a Member not only has the right, but is under a 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 where it can be waived without prejudice to the purpose for which the immunity is accorded.
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Article 12.
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(a) The provisions of Articles 9, 10 and 11 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative.
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(b) In Articles 9, 10, 11 and 12 (a) above, the expression “representatives” shall be deemed to include all representatives, alternate representatives, advisers, technical experts and secretaries of delegations.
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PART V.
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Representatives to the Consultative Assembly.
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Article 13.
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No administrative or other restriction shall be imposed on the free movement to and from the place of meeting of Representatives to the Consultative Assembly and their substitutes.
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Representatives and their substitutes shall, in the matter of customs and exchange control, be accorded:
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(a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;
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(b) by the Governments of other Members, the same facilities as those accorded to representatives of foreign Governments on temporary official duty.
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Article 14.
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Representatives to the Consultative Assembly and their substitutes shall be immune from all official interrogation and from arrest and all legal proceedings in respect of words spoken or votes cast by them in the exercise of their functions.
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Article 15.
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During the sessions of the Consultative Assembly, the Representatives to the Assembly and their substitutes, whether they be Members of Parliament or not, shall enjoy:
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(a) on their national territory, the immunities accorded in those countries to Members of Parliament;
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(b) on the territory of all other Member States, exemption from arrest and prosecution.
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This immunity also applies when they are travelling to and from the place of meeting of the Consultative Assembly. It does not, however, apply when Representatives and their substitutes are found committing, attempting to commit, or just having committed an offence, nor in cases where the Assembly has waived the immunity.
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PART VI.
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Officials of the Council.
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Article 16.
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In addition to the immunities and privileges specified in Article 18 below, the Secretary-General and Deputy Secretary-General 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.
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Article 17.
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The Secretary-General will specify the categories of officials to which the provisions of Article 18 below shall apply. He shall communicate them to the Governments of all Members. The names of the officials included in these categories shall from time to time be made known to the above mentioned Governments.
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Article 18.
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Officials of the Council of Europe shall:
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(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;
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(b) be exempt from taxation on the salaries and emoluments paid to them by the Council of Europe;
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(c) be immune, together with their spouses and relatives dependent on them, from immigration restrictions and aliens' registration;
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(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;
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(e) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;
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(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.
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Article 19.
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Privileges and immunities are granted to officials in the interests of the Council of Europe and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Council of Europe. In the case of the Secretary-General and of the Deputy Secretary-General, the Committee of Ministers shall have the right to waive immunity.
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PART VII.
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Supplementary Agreements.
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Article 20.
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The Council may conclude with any Member or Members supplementary agreements modifying the provisions of this General Agreement, so far as that Member or those Members are concerned.
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PART VIII.
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Disputes.
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Article 21.
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Any dispute between the Council and private persons regarding supplies furnished, services rendered or immovable property purchased on behalf of the Council, shall be submitted to arbitration, as provided in an administrative order issued by the Secretary-General with the approval of the Committee of Ministers.
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PART IX.
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Final Provisions.
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Article 22.
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The present Agreement shall be ratified. Instruments of ratification shall be deposited with the Secretary-General. The Agreement shall come into force as soon as seven signatories have deposited their instruments of ratification.
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Nevertheless, pending the entry into force of the Agreement in accordance with the provisions of the preceding paragraph, the signatories agree, in order to avoid any delay in the efficient working of the Council, to apply it provisionally from the date of signature, so far as it is possible to do so under their respective constitutional systems.
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In witness whereof the undersigned Plenipotentiaries being duly authorised to that effect, have signed the present General Agreement.
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Done at Paris, this 2nd day of September, 1949, in French and in English, both texts being equally authentic, in a single copy which shall remain in the Archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories.
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FIRST PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE.
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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”),
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Desirous of extending the provisions of the Agreement,
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Have agreed as follows:—
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Article 1.
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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.
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Article 2.
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(a) The provisions of Part IV of the Agreement shall apply to representatives attending meetings of the Ministers' Deputies.
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(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' Deputies 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.
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Article 3.
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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.
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Article 4.
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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.
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Article 5.
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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.
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Article 6.
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The provisions 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.
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Article 7.
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(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.
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(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.
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(c) As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.
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(d) In the case of Members which have acceded to the Agreement and Protocol in accordance with the terms of Article 1 the Agreement and Protocol shall enter into force:
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(i) On the date specified in paragraph (b) above in cases where the instrument of accession has been deposited prior to this date; or
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(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.
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In witness hereof the undersigned, being duly authorised thereto, have signed the present Protocol.
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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.
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SECOND PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE.
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The Governments signatory hereto, being Members of the Council of Europe,
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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, 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;
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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,
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Have agreed as follows:—
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Article 1.
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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:—
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(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;
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(b) inviolability for all papers and documents;
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(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.
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Article 2.
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1. No administrative 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.
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2. Members of the Commission shall, in the matter of customs and exchange control, be accorded:
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(a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;
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(b) by the Governments of other Members, the same facilities as those accorded to representatives of foreign Governments on temporary official duty.
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Article 3.
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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.
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Article 4.
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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.
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Article 5.
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This Protocol shall be open to the signature of the Members of the Council of Europe who may become Parties to it either by:
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(a) signature without reservation in respect of ratification or by
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(b) signature with reservation in respect of ratification followed by ratification.
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Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
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Article 6.
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1. The 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.
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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.
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Article 7.
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The Secretary-General of the Council of Europe shall notify Members of the Council of the date of entry into force of this Protocol and shall give the names of any Members who have signed it without reservation in respect of ratification or who have ratified it.
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In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.
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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 certified copies to each of the signatory Governments.
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FOURTH PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE.
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The Governments signatory hereto, being Members of the Council of Europe,
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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 members 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;
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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;
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Have agreed as follows:
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Article 1.
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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.
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Article 2.
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The judges shall, while exercising their functions and during journeys made in the exercise of their functions, enjoy the following privileges and immunities:
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(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;
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(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.
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Article 3.
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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:
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(a) by their own Government the same facilities as those accorded to senior Government officials travelling abroad on temporary official duty;
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(b) by the Governments of other Members, the same facilities as those accorded to heads of diplomatic missions.
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Article 4.
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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.
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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.
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Article 5.
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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.
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Article 6.
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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 is accorded.
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Article 7.
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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 immunities to which they may be entitled under Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe.
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2. The 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.
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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.
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Article 8.
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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.
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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.
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Article 9.
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This Protocol shall be open to the signature of the Members of the Council of Europe who may become parties to it either by:
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(a) signature without reservation in respect of ratification, or by
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(b) signature with reservation in respect of ratification followed by ratification.
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Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
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Article 10.
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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.
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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.
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Article 11.
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The Secretary-General of the Council of Europe shall notify Members of the Council of:
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(a) the names of signatories and the deposit of any instrument of ratification;
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(b) the date of entry into force of this Protocol.
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In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.
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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.
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