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 23/11/2017

France

Declaration contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr. - and withdrawn by Note Verbale from the Permanent Representation of France, dated 24 March 1988, registered at the Secretariat General on 29 March 1988 - Or. Fr.

The Government of the Republic declares that it interprets the provisions of Article 10 as being compatible with the system established in France under Act No. 72-553 of 10 July 1972, determining the legal status of the French Radio and Television.
Period covered: 03/05/1974 - 29/03/1988
Articles concerned : 10

Declaration contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr.

The Government of the Republic further declares that the Convention shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 [Article 56 since the entry into force of the Protocol No 11].
Period covered: 03/05/1974 -
Articles concerned : 56

Derogation contained in a letter from the Chargé d'affaires a.i. of France, dated 7 February 1985, registered at the Secretariat General on 8 February 1985 – Or. Fr. – and withdrawn by a letter from the Chargé d'affaires a.i. of France, dated 2 September 1985, registered at the Secretariat General on 3 September 1985 – Or. Fr.

The elections to the Territorial Assembly of New Caledonia, held on 18 November 1984, were followed by severe civic disturbances. For the purpose of restoring order, the Government appointed, on 1 December 1984, a new High-Commissioner who, having first consulted all the parties, produced a plan designed to allow the people of the territory to decide freely on their future.

On 11-12 January, the murder of a young European, Mr Yves TUAL, followed by riots in Nouméa and the death of Mr Eloi MACHORO, one of the leaders of the Kanak National Libertaion Front, created the danger of insurrection and of a violent clash between two sections of the pupulation.

The French Government was of the opinion that the democratic process of self-determination, which it intended to launch in accordance with the Constitution of the French Republic and with the requirements of the United Nations Charter, could only be initiated peacefully and in a manner guaranteeing respect for all if public order was restored and national security protected.

This being so and having consulted the Prime Minister, the High Commissioner declared a state of emergency by Decree 75-35 of 12 January 1985, invoking the Act of 3 April 1955, the Decree of 10 May 1955 and Section 119 of the Act of 6 September 1984.

Under Section 2 of the 1955 Act, this situation could not be extended beyond 12 days without legislative autorisation. After a few hours' suspension caused by the delay in parliamentary discussion, the Act of 25 January 1985 accordingly extended the state of emergency up to 30 June 1985.

Within this framework, the High Commissioner took the following decisions in Decree 85-70 of 27 January 1985 :

– All demonstrations, regardless of thier nature, are forbidden.
– All meetings of more than five people on the public highway or in public places are forbidden.
– All persons and vehicles are forbidden to circulate between 11 p.m. and 5 a.m. without special police permission.
– The keeping of firearms which are subject to permit is forbidden without the permission of the relevant authorities.
The transport of arms and munititions of all kinds, including target and hunting weapons, side-arms and all objects capable of being used as weapons, is forbidden.
Arms unlawfully held or transported will be isntantly confiscated by the police authorities.
– The distribution on the public highway and in public places of all leaflets urging participation in demonstrations, and the use of sound amplification equipment for this purpose are forbidden.
– Searches, including night searches, may be carried out in the homes of persons violating the provisions of the Decree.
– The Government's representative may forbid the entry to the territory, by air or sea, of any person considered likely to disturb public order.
Period covered: 08/02/1985 - 30/06/1985
Articles concerned : 15

Withdrawal of derogation contained in a letter from the Chargé d'affaires a.i. of France, dated 2 September 1985, registered at the Secretariat General on 3 September 1985 – Or. Fr.

Pursuant to Article 15 of the European Convention on Human Rights and having regard to the reservation respecting that Article entered by the Government of the French Republic when ratifying the Convention, I informed you, by letter of 7 February 1985, of the proclamation of the state of emergency in New Caledonia by Decree 75 35 of the High Commissioner dated 12 January 1985 and of the extension of this legal situation up to 30 June 1985 by Act no. 85 96 of 25 January 1985.

I have the honour to inform you that the state of emergency came to an end on the date thus fixed and that Act no. 85 892 of 23 August 1985 relating to the situation of New Caledonia did not provide for its renewal.
Period covered: 30/06/1985 -
Articles concerned : 15

Declaration deposited with the Secretary General by the Permanent Representative of France, on 2 October 1981 – Or. Fr.

On behalf of the Government of the French Republic, I declare, in accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and in accordance with paragraph 2 of Article 6 of Protocol No. 4 to the said Convention, signed in Strasbourg, on 16 September 1963 [Article 6 of the Protocol since the entry into force of Protocol No. 11], that it recognises for a period of five years as from this Declaration, the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties, of the rights set forth in the said Convention and in Articles 1 to 4 of the above-mentioned Protocol No. 4.

[Note by the Secretariat : This declaration was renewed for successive periods of three years :
- by a declaration from the Minister for Foreign Affairs of France transmitted by a letter from the Permanent Representative of France, dated 17 October 1986, registered at the Secretariat General on 20 October 1986 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France, dated 25 September 1989, registered at the Secretariat General on 27 September 1989 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France, dated 22 September 1994, registered at the Secretariat General on 23 September 1994 – Or. Fr.]
Period covered: 02/10/1981 - 31/10/1998
Articles concerned : Ex-25

Declaration from the Minister for Foreign Affairs of France, dated 9 March 1974, deposited with the instrument of ratification, on 3 May 1974 – Or. Fr.

On behalf of the Government of the French Republic, I declare, in accordance with 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], and in accordance with paragraph 2 of Article 6 of Protocol No. 4 to the said Convention, signed in Strasbourg, on 16 September 1963 [Article 6 of the Protocol since the entry into force of Protocol No. 11], that it recognises for a period of three years as from this Declaration, as compulsory ipso facto and without special agreement, with regard to one other Contracting Party accepting the same obligation, the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the said Convention and of Articles 1 to 4 of the above-mentioned Protocol No. 4.

[Note by the Secretariat : This declaration was renewed for successive periods of three years :
- by a declaration from the Minister for Foreign Affairs of France, dated 3 May 1977, registered at the Secretariat General on 4 May 1977 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France, dated 16 July 1980, registered at the Secretariat General on 30 July 1980 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France transmitted by a letter from the Permanent Representative of France, dated 20 October 1983, registered at the Secretariat General on 21 October 1983 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France transmitted by a letter from the Permanent Representative of France, dated 17 October 1986, registered at the Secretariat General on 20 October 1986 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France, dated 25 September 1989, registered at the Secretariat General on 27 September 1989 – Or. Fr.
- by a declaration from the Minister for Foreign Affairs of France, dated 22 September 1994, registered at the Secretariat General on 23 September 1994 – Or. Fr.]
Period covered: 03/05/1974 - 31/10/1998
Articles concerned : Ex-46

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 24 November 2015, registered at the Secretariat General on 24 November 2015 – Or. Fr.

The Permanent Representation of France informs the Secretary General of the Council of Europe of the following:

On 13 November 2015, large-scale terrorist attacks took place in the Paris region.

The terrorist threat in France is of a lasting nature, having regard to information from the intelligence services and to the international context.

The French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 on the state of emergency.

Decrees No. 2015-1475, No. 2015-1476 and No. 2015-1478 of 14 November 2015 and No. 2015-1493 and No. 2015-1494 of 18 November 2015 have defined a number of measures that may be taken by the administrative authorities.

The extension of the state of emergency for three months, with effect from 26 November 2015, was authorised by Law No. 2015-1501 of 20 November 2015. This law also amends certain of the measures provided for by the Law of 3 April 1955 in order to adapt its content to the current context.

The texts of the decrees and laws mentioned above are attached to this letter.

Such measures appeared necessary to prevent the commission of further terrorist attacks.

Some of them, prescribed by the decrees of 14 November 2015 and 18 November 2015 and by the Law of 20 November 2015, may involve a derogation from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. I would therefore kindly request you to consider that this letter constitutes information for the purposes of Article 15 of the Convention.

[Note by the Secretariat : The texts of the appended documents are available here (French only).]
Period covered: 24/11/2015 - 25/02/2016
Articles concerned : 15

Declaration contained in a Note Verbale from the Permanent Representation of France, dated 25 February 2016, registered at the Secretariat General on 25 February 2016 - Or. Fr.

The Permanent Representation of France informs the Secretary General of the Council of Europe of the following:

By letter dated 24 November 2015, I brought to your attention the declaration of the state of emergency in France following the coordinated attacks which hit Paris on 13 November 2015 and asked you to kindly consider that my letter constitute an information for the purposes of Article 15 of the Convention.

Indeed, the French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 relative to the state of emergency.

The severity of the attacks, their simultaneous nature and the permanence of the threat at a level previously unknown in the country consequently justified the extension of the state of emergency for a period of three months starting on 26 November 2015, by Law No. 2015-1501 of 20 November 2015.

To date, the terrorist threat, characterising "an imminent danger resulting from serious breaches of public order," which justified the initial declaration and the first extension of the state of emergency remains at a very alarming level, as demonstrated by both national and international news.

The review of the measures taken under the state of emergency since 14 November has confirmed the need for such measures in order to prevent any further attacks and to disrupt terrorist networks.

This is why the state of emergency was extended by Act No. 2016-162 of 19 February 2016 under the same conditions.

The French Government wishes to recall that the measures taken under the state of emergency are subject to effective judicial review, as well as to a particularly attentive Parliamentary monitoring and control mechanism. Finally, the French Government shall ensure the proper information of and consultation with locally elected representatives and intends to pursue the dialogue with civil society.

The text of the law n ° 2016-162 of 19 February 2016 is attached to this letter.

[Note by the Secretariat : The texts of the appended documents are available here (French only).]

Period covered: 25/02/2016 - 25/05/2016
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 25 May 2016, registered at the Secretariat General on 25 May 2016 - Or. Fr.

The Permanent Representation of France informs the Secretary General of the Council of Europe of the following:

By letters dated 24 November 2015 and 25 February 2016, I brought to your attention the declaration of the state of emergency in France following the coordinated attacks which hit Paris on 13 November 2015 and asked you to kindly consider that my letter constitute an information for the purposes of Article 15 of the Convention.

Indeed, the French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 relative to the state of emergency.

The severity of the attacks, their simultaneous nature and the permanence of the threat at a level previously unknown in the country consequently justified the extension of the state of emergency for a period of three months starting on 26 November 2015, by Law No. 2015-1501 of 20 November 2015, then for a period of three months starting on 26 February 2016 by Law No. 2016-162 of 19 February 2016.

To date, the terrorist threat, characterising "an imminent danger resulting from serious breaches of public order," which justified the initial declaration and the first extension of the state of emergency remains at a very alarming level, as demonstrated by both national and international news. This persistent terrorist threat of high intensity is combined with two major sporting events, the European Football Championship (EURO 2016) which will take place from 10 June to 10 July 2016 and the Tour de France held from 3 to 24 July 2016.

The review of the measures taken under the state of emergency since 14 November has confirmed the need for such measures in order to prevent any further attacks and to disrupt terrorist networks.

This is why the state of emergency was extended by Act No. 2016-629 of 20 May 2016 for a period of two months.

Among the measures that could be taken under the state of emergency, the law no longer provides for administrative searches in places where there are serious reasons for considering that they are frequented by people that threaten order and public safety. Indeed, this measure, which was very helpful after the attacks of 13 November 2015, to corroborate or remove doubts on individuals monitored by the intelligence services, no longer presents the same interest today, most places identified having already been subjected to the necessary investigations.

The French Government wishes to recall that the measures taken under the state of emergency are subject to effective judicial review, as well as to a particularly attentive Parliamentary monitoring and control mechanism. Finally, the French Government shall ensure the proper information of and consultation with locally elected representatives and intends to pursue the dialogue with civil society.

The text of the law n ° 2016-629 of 20 May 2016 is attached to this letter.

[Note by the Secretariat : The texts of the appended documents are available here (French only).]

Period covered: 25/05/2016 - 22/07/2016
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 22 July 2016, registered at the Secretariat General on 22 July 2016 - Or. Fr.

By letters dated 24 November 2015 and 25 February 2016, I brought to your attention the declaration of the state of emergency in France following the coordinated attacks which hit Paris on 13 November 2015 and asked you to kindly consider that my letter constitute an information for the purposes of Article 15 of the Convention.

Indeed, the French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 relative to the state of emergency.

The severity of the attacks, their simultaneous nature and the permanence of the threat at a level previously unknown in the country consequently justified the extension of the state of emergency, of which I informed you, for a period of three months starting on 26 November 2015, by Law No. 2015-1501 of 20 November 2015, then for a period of three months starting on 26 February 2016 by Law No. 2016-162 of 19 February 2016 and then for a period of two months starting 26 May 2016 by Law No. 2016-629 of 20 May 2016.

An attack causing, according to the latest reports, the death of 84 people and leaving over 350 injured was committed in Nice on 14 July 2016. It was claimed by a terrorist organization. It follows a bombing on 13 June 2016 in which two officials of the Police Nationale were killed in their home in Ile-de-France by a terrorist claiming the same organization.

The terrorist threat characterizing "an imminent danger resulting from serious breaches of public order," that justified the initial declaration of a state of emergency and its extensions, remains at a very alarming level which requires the availability of strengthened administrative measures in the fight against terrorism in the national territory.

That is why the state of emergency was extended by Act No. 2016-987 of 21 July 2016 for a period of six months. The Act also amends certain of the measures provided by the Law of 3 April 1955 to adapt its content to changes in law and fact.

Among the measures that could be taken under the state of emergency, the administrative searches (Section I of Article 11 of the Law of 3 April 1955 regarding the state of emergency) will again be allowed during this six-month period. Their usefulness will increase as they will be conducted as part of a renovation plan, which will include the operation of computer data after authorization of the judge.

The French Government wishes to recall that measures taken under the state of emergency are subject to effective judicial review as well as a particularly close monitoring and control mechanism by the Parliament. Finally, the French Government shall ensure good information and consultation with local elected and intends to continue the dialogue with civil society.

The text of the Act No. 2016-987 of 21 July 2016 is attached to this letter (French only).
Period covered: 22/07/2016 - 21/12/2016
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 21 December 2016, registered at the Secretariat General on 21 December 2016 - Or. Fr.

By letter dated 24 November 2015, my predecessor brought to your attention the declaration of the state of emergency in France following the coordinated attacks which hit Paris on 13 November 2015 and asked you to kindly consider that her letter constituted information for the purposes of Article 15 of the Convention.

Indeed, the French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 relative to the state of emergency.

The severity of the attacks, their simultaneous nature and the permanence of the threat at a level previously unknown in the country consequently justified the extension of the state of emergency, of which my predecessor informed you, for a period of three months starting on 26 November 2015, by Law No. 2015-1501 of 20 November 2015, then for a period of three months starting on 26 February 2016 by Law No. 2016-162 of 19 February 2016, then for a period of two months starting 26 May 2016 by Law No. 2016-629 of 20 May 2016 and finally for a period of six months starting 22 July 2016 by Law No. 2016-987 of 21 July 2016.

The terrorist threat characterizing "an imminent danger resulting from serious breaches of public order," that justified the initial declaration of a state of emergency and its extensions, remains at a very alarming level which requires the availability of strengthened administrative measures in the fight against terrorism on the national territory.

Thereby, twelve tentative attacks have been countered since the attack committed in Nice on 14 July 2016, among which, at the end of November, a large-scale attempted terrorist attack ordered from the Syrian territory.

This very high threat now falls within a pre-electoral context characterised by numerous public meetings, a context that may be exploited by terrorist organisations or by individuals inspired by them due to the targets these meetings represent as well as the importance of this moment in the Nation’s democratic life.

The outcome of the measures taken within the framework of the state of emergency since 14 November 2016 confirmed the necessity of these measures to prevent other attacks and disorganise terrorist networks.

While the legislative and regulatory provisions adopted in recent months have, in addition to the supplementary material and human resources, considerably strengthened the legal tools to combat terrorism, as demonstrated by the results achieved in this struggle, the measures allowed in the framework of the state of emergency remain indispensable to deal with the threat status and are more complementary than competing with general/ordinary law measures.

This is why the state of emergency was extended by Act No. 2016-1767 of 19 December 2016 extending the application of the Act No. 55-385 of 3 April 1955 regarding the state of emergency until 15 July 2017.

Among the measures that could be taken under the state of emergency, administrative searches (Section I of Article 11 of the Law of 3 April 1955 regarding the state of emergency) will be allowed until 15 July 2017. Moreover, the extension law provides that the duration of house arrest will be limited to twelve months. In addition, the Minister of the Interior may ask for judicial authorisation to extend the house arrest for a period of three months if there are serious reasons to believe that the behaviour of the person concerned continues to constitute a threat to public security and public order.

The French Government wishes to recall that the measures taken under the state of emergency are subject to effective judicial review, as well as to a particularly attentive Parliamentary monitoring and control mechanism. Finally, the French Government shall ensure the proper information of and consultation with locally elected representatives and intends to pursue the dialogue with civil society.

The text of law n ° 2016-1767 of 19 December 2016 is attached to this letter (French only).
Period covered: 21/12/2016 - 13/07/2017
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 12 July 2017, registered at the Secretariat General on 13 July 2017 - Or. Fr.

By letter dated 24 November 2015, my predecessor brought to your attention the declaration of the state of emergency in France following the coordinated attacks which hit Paris on 13 November 2015 and asked you to kindly consider that her letter constituted information for the purposes of Article 15 of the Convention.

Indeed, the French Government has decided, by Decree No. 2015-1475 of 14 November 2015, to apply Law No. 55-385 of 3 April 1955 relating to the state of emergency.

The severity of the attacks, their simultaneous nature and the permanence of the threat at a level previously unknown in the country consequently justified the extension of the state of emergency for a period of three months starting on 26 November 2015, by Law No. 2015-1501 of 20 November 2015, then for a period of three months starting on 26 February 2016 by Law No. 2016-162 of 19 February 2016, then for a period of two months starting 26 May 2016 by Law No. 2016-629 of 20 May 2016, then for a period of six months starting 22 July 2016 by Law No. 2016-987 of 21 July 2016 and finally until 15 July 2017 by Law No. 2016-1767 of 19 December 2016. Each of these extensions gave rise to an information from the French Government.

The terrorist threat, characterising "an imminent peril resulting from serious breaches of public order", which justified the initial declaration of the state of emergency and its extensions, remains at a very alarming level which requires the availability of strengthened administrative measures to combat terrorism on the national territory.

Thus, on 3 February this year, an individual attacked a group of soldiers on patrol at the Carrousel du Louvre in Paris with a machette, succeeding in wounding one of them before being shot. On 18 March at Orly airport, another individual, armed with a shotgun revolver, also went against a patrol of Opération Sentinelle before being shot down. On 20 April in Paris, on the Champs Elysées, a group of police officers was targeted by an armed individual, causing the death of a police officer and wounding three other persons before being shot dead. On 6 June in Paris, an individual attacked a police officer near the Notre-Dame cathedral before being neutralised by return fire, causing the confinement of a thousand people in the building. Lastly, on 19 June this year, a heavily armed individual struck with his vehicle a van of a gendarmerie squadron, dying in the attack which fortunately caused no casualties.

In addition, several plots, sometimes well advanced, have been thwarted by the counter-terrorism operations carried out by the intelligence services and the police and gendarmerie forces.

Although, in addition to the extensions of the state of emergency since February 2016, several legislative provisions have been adopted in order to strengthen France's capacity to fight terrorism outside the specific framework of the state of emergency, the tools of ordinary legislation alone are insufficiently adapted to deal with the new means of action used by terrorists in view of the multifaceted and evolving nature of the threat.

Consequently, an immediate exit from the state of emergency appears premature because it is the only legal framework to effectively combat the current threat. That is why the state of emergency was extended by Law No. 2017-1154 of 11 July 2017 extending the application of Law No. 55-385 of 3 April 1955 relating to the state of emergency.

However, as the state of emergency cannot remain in force as long as a continuing terrorist threat, the state of emergency has been extended only until 1 November 2017, which will be used to complete the structure built in recent years and provide the State with new instruments to enhance the security of people and property outside the special framework of the state of emergency. A draft law strengthening the fight against terrorism and internal security, containing measures to ensure a controlled exit from the state of emergency, has thus been submitted to Parliament and is being examined.

Among the measures that could be taken under the state of emergency, administrative searches (Section I of Article 11 of the Law of 3 April 1955 relating to the state of emergency) will be authorised until 1 November 2017.

The French Government wishes to recall that the measures taken under the state of emergency are subject to effective judicial review, as well as to a particularly attentive Parliamentary monitoring and control mechanism. Finally, the French Government shall ensure the proper information of and consultation with locally elected representatives and intends to pursue the dialogue with civil society.

The text of Law No. 2017-1154 of 11 July 2017 extending the application of Law No. 55-385 of 3 April 1955 relating to the state of emergency is attached to this letter.
Period covered: 13/07/2017 - 01/11/2017
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of France to the Council of Europe, dated 2 November 2017, registered at the Secretariat General on 7 November 2017 - Or. Fr.

By letter dated 24 November 2015, asking you to kindly consider that letter as information for the purposes of Article 15 of the Convention, you were informed of the promulgation of the state of emergency in France by Decree No. 2015-1475 of 14 November 2015.

Similar information was addressed to you following the successive extensions by laws No. 1501 of 20 November 2015, No. 2016-162 of 19 February 2016, No. 2016-629 of 20 May 2016, No. 2016-987 of 21 July 2016, No. 2016-1767 of 19 December 2016, No. 2017-1154 of 11 July 2017.

I have the honour to inform you that the state of emergency ended on 1 November 2017, at the end of the deadline set by the law No. 2017-1154 of 11 July 2017.
Period covered: 01/11/2017 -
Articles concerned : 15


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.