Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 23/05/2017

Greece

Derogation contained in a letter from the Permanent Representative of Greece, dated 3 May 1967, registered at the Secretariat General on 3 May 1967 – Or. Fr.

In accordance with Article 15, paragraph 3, of the European Convention on Human Rights, Greece declares that by Royal Decree No. 280 of 21st April 1967, the application of Articles 5, 6, 8, 10, 11, 12, 14, 20, 95 and 97 of the Greek Constitution has been suspended in view of internal dangers which threaten public order and the security of the State.

It is pointed out that the suspension of the application of the aforementioned articles of the Greek Constitution does not prejudice paragraph 2 of Article 15 of the European Convention on Human Rights.

Greece will revert to normal political and parliamentary life as soon as circumstances will allow. Greece will not fail to inform the Secretary General, in accordance with paragraph 3 of Article 15, of the date when these exceptional measures cease to operate and the provisions of the European Convention on Human Rights are again being fully executed.

[Note by the Secretariat: The additional information communicated by Greece between September 1967 and December 1969 regarding its derogation to Article 15 of the Convention are available upon request to the Treaty Office.
In accordance with Article 58 of the Convention, the derogation ceased its effects on 13 June 1970, following the denunciation of the Convention by Greece in a Note verbale dated 12 December 1969, registered at the Secretariat General on 17 December 1969 – Or. Fr. ]
Period covered: 03/05/1967 - 13/06/1970
Articles concerned : 15

Communication contained in a letter from the Permanent Representative of Greece, dated 25 May 1967, registered at the Secretariat General on 25 May 1967 – Or. Fr.

Following the declaration dated 3 May 1967, Greece communicates the text of the Royal Decree No. 280 of 21 April 1967, as well as the text of the Articles of the Hellenic Constitution which have been suspended.

Royal Decree No. 280 concerning the declaration of martial law in the territory and of the suspension of certain articles of the Constitution
Article 1
On the proposal of the Council of Ministers, we hereby bring into effect throughout the territory the Martial Law Act of 8th October 1912, as amende by section 8 of Legislative Decree 4234/1962, by Act 2839/1941 and by the Legislative Decree of 9th-11th November 1922.
Article 2
1.- From the date of publication of this Decree we suspend throughout the territory the application of Articles 5, 6, 8, 10, 11, 12, 14, 20, 95 and 97 of the Constitution.
2.- Military tribunals which are already in existence, military tribunals as may be set up as an extraordinary measure, and the competent military authorities shall exercise the jurisdiction provided for by Act, as amended, and, in particular, in accordance with the decisions of the Minister of National Defence.
Article 3
Cases pending before the Criminal Courts shall not be transmitted to the Military Tribunals, unless the Military Judicial Authority sees fit to reques transmission thereof.
Article 4
This Decree shall enter into force as from the date of its publication in the Official Gazette.

Articles 5, 6, 8, 10, 11, 12, 14, 20, 95 et 97 de la Constitution hellénique (PDF format - French only)

[Note by the Secretariat: In accordance with Article 58 of the Convention, the derogation ceased its effects on 13 June 1970, following the denunciation of the Convention by Greece in a Note verbale dated 12 December 1969, registered at the Secretariat General on 17 December 1969 – Or. Fr.]
Period covered: 25/05/1967 - 13/06/1970
Articles concerned : 15

Declaration from the Deputy Minister for Foreign Affairs of Greece registered at the Secretariat General on 20 November 1985 - Or. Fr.

I have the honour to declare, in accordance with the provisions of Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, that the Government of Greece recognises, for the period beginning on 20 November 1985 and ending on 19 November 1988, the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General of the Council of Europe after 19 November 1988 by any person, non-governmental organisation or group of individuals claiming, in relation to any act, decision, facts or events subsequent to this date, to be the victim of a violation of the rights set forth in the Convention and in the Additional Protocol opened for signature in Paris on 20 March 1952.

[Note by the Secretariat : This declaration was renewed for successive periods of three years :
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 10 November 1988, registered at the Secretariat General on 23 November 1988 - Or. Fr.
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 31 October 1991, registered at the Secretariat General on 19 November 1991 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of Greece, dated 3 October 1994, registered at the Secretariat General on 19 October 1994 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of Greece, dated 29 September 1997, registered at the Secretariat General on 18 October 1997.]
Period covered: 20/11/1985 - 31/10/1998
Articles concerned : Ex-25

Declaration from the Minister for Foreign Affairs of Greece, dated 27 December 1978, registered at the Secretariat General on 30 January 1979 - Or. Fr.

I have the honour to declare, in accordance with the provisions of Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 [see Article 34 of the Convention since the entry into force of Protocol No. 11], that the Government of Greece recognises as compulsory ipso facto and without special agreement, for a period of three years and on condition of reciprocity, the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the said Convention.

[Note by the Secretariat : This declaration was renewed for successive periods of three years :
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 14 January 1982, registered at the Secretariat General on 3 February 1982 - Or. Fr.
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 7 December 1984, registered at the Secretariat General on 22 January 1985 - Or. Fr.
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 24 June 1988, registered at the Secretariat General on 6 July 1988 - Or. Fr.
- by a declaration from the Ministry for Foreign Affairs of Greece, dated 21 June 1991, registered at the Secretariat General on 12 July 1991 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of Greece, dated 6 October 1994, registered at the Secretariat General on 2 November 1994 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of Greece, dated 29 September 1997, registered at the Secretariat General on 18 October 1997.]
Period covered: 30/01/1979 - 31/10/1998
Articles concerned : Ex-46


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