European Agreement relating to persons participating in proceedings of the European Court of Human Rights
Article 4
Geldend
Geldend vanaf 01-01-1999
- Bronpublicatie:
05-03-1996, Trb. 1996, 130 (uitgifte: 09-05-1996, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-1999
- Bronpublicatie inwerkingtreding:
29-01-1999, Trb. 1999, 21 (uitgifte: 01-01-1999, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Uitlevering en overlevering
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen
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 Such a declaration may be withdrawn at any time by means of a notification addressed to the Secretary General of the Council of Europe.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.