
Protocol No. 9 to the 1950 European Convention for the Protection
of Human Rights and Fundamental Freedoms, E.T.S. 140, entered into force
Oct. 1, 1994.
The member States of the Council of Europe, signatories to this Protocol
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"), Being resolved to make further improvements to the procedure
under the Convention,
Have agreed as follows:
Article 1
For Parties to the Convention which are bound by this Protocol,
the Convention shall be amended as provided in Articles 2 to 5.
Article 2
Article 31, paragraph 2, of the Convention, shall read as follows:
"2. The Report shall be transmitted to the Committee of
Ministers. The Report shall also be transmitted to the States concerned
and, if it deals with a petition submitted under Article 25, the applicant.
The States concerned and the applicant shall not be at liberty to publish
it".
Article 3
Article 44 of the Convention shall read as follows:
"Only the High Contracting Parties, the Commission, and
persons, non-governmental organisations or groups of individuals having
submitted a petition under Article 25 shall have the right to bring a case
before the Court".
Article 4
Article 45 of the Convention shall read as follows:
"The jurisdiction of the Court shall extend to all cases
concerning the interpretation and application of the present Convention
which are referred to it in accordance with Article 48".
Article 5
Article 48 of the Convention shall read as follows:
"1.The following may refer a case to the Court, provided
that the High Contracting Party concerned, if there is only one, or the
High Contracting Parties concerned, if there is more than one, are subject
to the compulsory jurisdiction of the Court or, failing that, with the consent
of the High Contracting Party concerned, if there is only one, or of the
High Contracting Parties concerned if there is more than one:
(a)the Commission;
(b)a High Contracting Party whose national is alleged to be a victim;
(c)a High Contracting Party which referred the case to the Commission;
(d)a High Contracting Party against which the complaint has been lodged;
(e)the person, non-governmental organisation or group of individuals having
lodged the complaint with the Commission.
2. If a case is referred to the Court only in accordance with paragraph
1.2., it shall first be submitted to a panel composed of three members of
the Court. There shall sit as an ex-officio member of the panel the judge
elected in respect of the High Contracting Party against which the complaint
has been lodged, or, if there is none, a person of its choice who shall
sit in the capacity of judge. If the complaint has been lodged against more
than one High Contracting Party, the size of the panel shall be increased
accordingly. If the case does not raise a serious question affecting the
interpretation or application of the Convention and does not for any other
reason warrant consideration by the Court, the panel may, by a unanimous
vote, decide that it shall not be considered by the Court. In that event,
the Committee of Ministers shall decide, in accordance with the provisions
of Article 32, whether there has been a violation of the Convention."
Article 6
1. This Protocol shall be open for signature by member States
of the Council of Europe signatories to the Convention, which may express
their consent to be bound by:
(a)signature without reservation as to ratification, acceptance
or approval, or
(b)signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval.
2.The instruments of ratification, acceptance or approval shall be deposited
with the Secretary General of the Council of Europe.
Article 7
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
following the expiration of a period of three months after the date of signature
or of the deposit of the instrument of ratification, acceptance or approval.
Article 8
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 Article
7;
(d)any other act, notification or declaration relating to this Protocol.
In witness whereof the undersigned, being duly authorised thereto, have
signed this Protocol.
Done at Rome, this 6th day of November 1990, in English and 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.