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

Nature of declaration : Reservations
Status as of 26/05/2017

Portugal

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr.

Article 5 of the Convention will be applied subject to Articles 27 and 28 of the Military Discipline Regulations, which provide for the placing under arrest of members of the armed forces.

Articles 27 and 28 of the Military Discipline Regulations read as follows:

Article 27

1. Arrests consist of the detention of the offender in a building intended for the purpose, in an appropriate place, barracks or military establishment, in suitable quarters on board ship or, failing these, in a place determined by the competent authority.

2. Between the reveille and sundown, during the period of detention, the members of the armed forces can perform the duties assigned to them.

Article 28

Close arrest consists of the detention of the offender in a building intended for the purpose.
Period covered: 09/11/1978 -
Articles concerned : 5

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr.

Article 7 of the Convention will be applied subject to Article 309 of the Constitution of the Portuguese Republic, which provides for the indictment and trial of officers and personnel of the State Police Force (PIDE-DGS).

Article 309 of the Constitution reads as follows:

Article 309

1. Law No. 8/75 of 25 July shall remain in force with the amendments made by Law No. 16/75 of 23 December and Law No. 18/75 of 28 December.

2. The offences referred to in Articles 2.2, 3, 4.b and 5 of the Law referred to in the foregoing paragraph may be further defined by law.

3. The exceptional extenuating circumstances as provided for in Article 7 of the said Law may be specifically regulated by law.
(Act No. 8/75 lays down the penalties applicable to officers, officials and associates of the former General Directorate of Security (beforehand the International and State Defence Police), disbanded after 25 April 1974, and stipulates that the military courts have jurisdiction in such cases).
Period covered: 09/11/1978 -
Articles concerned : 7

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. – and withdrawn by letter from the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

Article 10 of the Convention will be applied subject to Article 38.6 of the Constitution of the Portuguese Republic, which provides that the television may not be privately owned.

Article 38.6 of the Constitution reads as follows:

Article 38

6. The television shall not be privately owned.
Period covered: 09/11/1978 - 11/05/1987
Articles concerned : 10

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. - and withdrawn by letter from the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

Article 11 of the Convention will be applied subject to Article 60 of the Constitution of the Portuguese Republic, which prohibits lockouts.

Article 60 of the Constitution reads as follows:

Article 60

Lock-outs shall be prohibited.
Period covered: 09/11/1978 - 11/05/1987
Articles concerned : 11

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. - and withdrawn by letter from the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

Article 4.3.b of the Convention will be applied subject to Article 276 of the Constitution of the Portuguese Republic, which provides for compulsory civic service.

Article 276 of the Constitution reads as follows:

Article 276

1. The defence of the country is a fundamental duty of every Portuguese.

2. Military service shall be compulsory, for a period and on conditions to be laid down by law.

3. Persons considered unfit for armed military service and conscientious objectors shall perform unarmed military service or civic service suited to their situations.

4. Civic service may be established as a substitute for or as a complement to military service and may be made compulsory by law for citizens not subject to military service.

5. No citizen shall keep or obtain any office in the State or in any other public body if he fails to perform his military service or civic service, if compulsory.

6. Performance by a citizen of military service or compulsory civic service shall be without prejudice to his post, social security benefits or permanent career.
Period covered: 09/11/1978 - 11/05/1987
Articles concerned : 4

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. - and withdrawn by letter from the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

Article 11 of the Convention will be applied subject to Article 46.4 of the Constitution of the Portuguese Republic, which prohibits organisations with allegiance to a fascist ideology.

Article 46.4 of the Constitution reads as follows:

Article 46

4. Armed, military-type, militarised or para-military associations outside the State and the Armed Forces and organisations which adopt Fascist ideology shall not be permitted.
Period covered: 09/11/1978 - 11/05/1987
Articles concerned : 11


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