The High Contracting Parties shall secure to everyone within their jurisdiction
the rights and freedoms defined in Section I of this Convention.
1.Everyone's right to life shall be protected by law. No one shall be
deprived of his life intentionally save in the execution of a sentence
of a court following his conviction of a crime for which this penalty is
provided by law.
2.Deprivation of life shall not be regarded as inflicted in contravention
of this article when it results from the use of force which is no more
than absolutely necessary:
a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent escape of a person
(c) in action lawfully taken for the purpose of quelling a riot or
No one shall be subjected to torture or to inhuman or degrading treatment
1.No one shall be held in slavery or servitude.
2.No one shall be required to perform forced or compulsory labour.
3.For the purpose of this article the term forced or compulsory labour'
shall not include:
a) any work required to be done in the ordinary course of detention
imposed according to the provisions of Article 5 of this Convention or
during conditional release from such detention;
(b) any service of a military character or, in case of conscientious
objectors in countries where they are recognized, service exacted instead
of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening
the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
1.Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty save in the following cases
and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent
(b) the lawful arrest or detention of a person for non-compliance with
the lawful order of a court or in order to secure the fulfilment of any
obligation prescribed by law;
c) the lawful arrest or detention of a person effected for the purpose
of bringing him before the competent legal authority of reasonable suspicion
of having committed and offence or when it is reasonably considered necessary
to prevent his committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of
educational supervision or his lawful detention for the purpose of bringing
him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading
of infectious diseases, of persons of unsound mind, alcoholics or drug
addicts, or vagrants;
f) the lawful arrest or detention of a person to prevent his effecting
an unauthorized entry into the country or of a person against whom action
is being taken with a view to deportation or extradition.
2.Everyone who is arrested shall be informed promptly, in a language
which he understands, of the reasons for his arrest and the charge against
3.Everyone arrested or detained in accordance with the provisions of
paragraph 1(c) of this article shall be brought promptly before a judge
or other officer authorized by law to exercise judicial power and shall
be entitled to trial within a reasonable time or to release pending trial.
Release may be conditioned by guarantees to appear for trial.
4.Everyone who is deprived of his liberty by arrest or detention shall
be entitled to take proceedings by which the lawfulness of his detention
shall be decided speedily by a court and his release ordered if the detention
is not lawful.
5.Everyone who has been the victim of arrest or detention in contravention
of the provisions of this article shall have an enforceable right to compensation.
1.In the determination of his civil rights and obligations or of any
criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal
established by law. Judgement shall be pronounced publicly by the press
and public may be excluded from all or part of the trial in the interest
of morals, public order or national security in a democratic society, where
the interests of juveniles or the protection of the private life of the
parties so require, or the extent strictly necessary in the opinion
of the court in special circumstances where publicity would prejudice the
interests of justice.
2.Everyone charged with a criminal offence shall be presumed innocent
until proved guilty according to law.
3.Everyone charged with a criminal offence has the following minimum
(a) to be informed promptly, in a language which he understands and
in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and the facilities for the preparation of
(c) to defend himself in person or through legal assistance of his
own choosing or, if he has not sufficient means to pay for legal assistance,
to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain
the attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand
or speak the language used in court.
1.No one shall be held guilty of any criminal offence on account of
any act or omission which did not constitute a criminal offence under national
or international law at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the criminal
offence was committed.
2.This article shall not prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed,
was criminal according the general principles of law recognized by civilized
1.Everyone has the right to respect for his private and family life,
his home and his correspondence.
2.There shall be no interference by a public authority with the exercise
of this right except such as is in accordance with the law and is necessary
in a democratic society in the interests of national security, public safety
or the economic well-being of the country, for the prevention of disorder
or crime, for the protection of health or morals, or for the protection
of the rights and freedoms of others.
1.Everyone has the right to freedom of thought, conscience and religion;
this right includes freedom to change his religion or belief, and freedom,
either alone or in community with others and in public or private, to manifest
his religion or belief, in worship, teaching, practice and observance.
2.Freedom to manifest one's religion or beliefs shall be subject only
to such limitations as are prescribed by law and are necessary in a democratic
society in the interests of public safety, for the protection of public
order, health or morals, or the protection of the rights and freedoms of
1.Everyone has the right to freedom of expression. this right shall
include freedom to hold opinions and to receive and impart information
an ideas without interference by public authority and regardless of frontiers.
This article shall not prevent States from requiring the licensing of broadcasting,
television or cinema enterprises.
2.The exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions, restrictions
or penalties as are prescribed by law and are necessary in a democratic
society, in the interests of national security, territorial integrity or
public safety, for the prevention of disorder or crime, for the protection
of health or morals, for the protection of the reputation or the rights
of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.
1.Everyone has the right to freedom of peaceful assembly and to
freedom of association with others, including the right to form and to
join trade unions for the protection of his interests.
2.No restrictions shall be placed on the exercise of these rights other
than such as are prescribed by law and are necessary in a democratic society
in the interests of national security or public safety, for the prevention
of disorder or crime, for the protection of health or morals or for the
protection of the rights and freedoms of others. this article shall not
prevent the imposition of lawful restrictions on the exercise of these
rights by members of the armed forces, of the police or of the administration
of the State.
Men and women of marriageable age have the right to marry and to found
a family, according to the national laws governing the exercise of this
Everyone whose rights and freedoms as set forth in this Convention are
violated shall have an effective remedy before a national authority notwithstanding
that the violation has been committed by persons acting in an official
The enjoyment of the rights and freedoms set forth in this Convention
shall be secured without discrimination on any ground such as sex, race,
colour, language, religion, political or other opinion, national or social
origin, association with a national minority, property, birth or other
1.In time of war or other public emergency threatening the life of the
nation any High Contracting Party may take measures derogating from its
obligations under this Convention to the extent strictly required by the
exigencies of the situation, provided that such measures are not inconsistent
with its other obligations under international law.
2.No derogation from Article 2, except in respect of deaths resulting
from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall
be made under this provision.
3.Any High Contracting Party availing itself of this right of derogation
shall keep the Secretary-General of the Council of Europe fully informed
of the measures which it has taken and the reasons therefor. It shall also
inform the Secretary-General of the Council of Europe when such measures
have ceased to operate and the provisions of the Convention are again being
Nothing in Articles 10, 11, and 14 shall be regarded as preventing the
High Contracting Parties from imposing restrictions on the political activity
Nothing in this Convention may be interpreted as implying for
any State, group or person any right to engage in any activity or perform
any act aimed at the destruction on any of the rights and freedoms set
forth herein or at their limitation to a greater extent than is provided
for in the Convention.
The restrictions permitted under this Convention to the said rights
and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
1.The Commission may receive petitions addressed to the Secretary-General
of the Council of Europe from any person, non- governmental organization
or group of individuals claiming to the victim of a violation by one of
the High Contracting Parties of the rights set forth in this Convention,
provided that the High Contracting Party against which the complaint has
been lodged has declared that it recognizes the competence of the Commission
to receive such petitions. Those of the High Contracting Parties who t)ve
made such a declaration undertake not to hinder in any way the effective
exercise of this right.
2.Such declarations may be made for a specific period.
3.The declarations shall be deposited with the Secretary-General of
the Council of Europe who shall transmit copies thereof to the High Contracting
Parties and publish them.
4.The Commission shall only exercise the powers provided for in this
article when at least six High Contracting Parties are bound by declarations
made in accordance with the preceding paragraphs.
The Commission may only deal with the matter after all domestic remedies
have been exhausted, according to the generally recognized rules of international
law, and within a period of six months from the date on which the final
decision was taken.
1.the Commission shall not deal with any petition submitted under Article
(a) is anonymous, or
(b) is substantially the same as a matter which has already been examined
by the Commission or has already been submitted to another procedure or
international investigation or settlement and if it contains no relevant
2.The Commission shall consider inadmissible any petition submitted
under Article 25 which it considers incompatible with the provisions of
the present Convention, manifestly ill-founded, or an abuse of the right
3.The Commission shall reject any petition referred to it which it
considers inadmissible under Article 26.
In the event of the Commission accepting a petition referred to it:
(a) it shall, with a view to ascertaining the facts undertake together
with the representatives of the parties and examination of the petition
and, if need be, an investigation, for the effective conduct of which the
States concerned shall furnish all necessary facilities, after an exchange
of views with the Commission;
(b) it shall place itself at the disposal of the parties concerned
with a view to securing a friendly settlement of the matter on the basis
of respect for Human Rights as defined in this Convention.
1.The Commission shall perform the functions set out in Article 28 by
means of a Sub-Commission consisting of seven members of the Commission.
2.Each of the parties concerned may appoint as members of this Sub-Commission
a person of its choice.
3.The remaining members shall be chosen by lot in accordance with arrangements
prescribed in the Rules of Procedure of the Commission.
1.If the Sub-Commission succeeds in effecting a friendly settlement
in accordance with Article 28, it shall draw up a Report which shall be
sent to the States concerned, to the Committee of Ministers and to the
Secretary-General of the Council of Europe for publication. This Report
shall be confined to a brief statement of the facts and of the solution
1.If a solution is not reached, the Commission shall draw up a Report
on the facts and state its opinion as to whether the facts found disclose
a breach by the State concerned of its obligations under the Convention.
The opinions of all the members of the Commission on this point may be
stated in the Report.
2.The Report shall be transmitted to the Committee of Ministers. It
shall also be transmitted to the States concerned, who shall not be at
liberty to publish it.
3.In transmitting the Report to the Committee of Ministers the Commission
may make such proposals as it thinks fit.
1.If the question is not referred to the Court in accordance with Article
48 of this Convention within a period of three months from the date of
the transmission of the Report to the Committee of Ministers, the Committee
of Ministers shall decide by a majority of two-thirds of the members entitled
to sit on the Committee whether there has been a violation of the Convention.
2.In the affirmative case the Committee of Ministers shall prescribe
a period during which the Contracting Party concerned must take the measures
required by the decision of the Committee of Ministers.
3.If the High Contracting Party concerned has not taken satisfactory
measures within the prescribed period, the Committee of Ministers shall
decide by the majority provided for in paragraph 1 above what effect shall
be given to its original decision and shall publish the Report.
4.The High Contracting Parties undertake to regard as binding on them
any decision which the Committee of Ministers may take in application of
the preceding paragraphs.
The Commission shall meet 'in camera'.
The Commission shall take its decision by a majority of the Members
present and voting; the Sub-Commission shall take its decisions by a majority
of its members.
The Commission shall meet as the circumstances require. The meetings
shall be convened by the Secretary-General of the Council of Europe.
The Commission shall draw up its own rules of procedure.
The secretariat of The Commission shall be provided by the Secretary-General
of the Council of Europe.