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 22/11/2017

Montenegro

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Serbia and Montenegro, deposited with the instrument of ratification on 3 March 2004 - Or. Engl.

The Ministry of Foreign Affairs of Serbia and Montenegro makes the following statement in accordance with Article 57, paragraph 2, of the Convention, to supplement the information contained in the instrument of ratification deposited by Serbia and Montenegro on 3 March 2004.

The Ministry of Foreign Affairs of Serbia and Montenegro has the honour to refer to the following reservation contained in the instrument of ratification:

“While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Službeni glasnik Socijalisticke Republike Srbije, No. 44/89; Službeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) and Articles 61 to 225 of the Law on Minor Offences of the Republic of Montenegro (Službeni list Republike Crne Gore, Nos. 25/94, 29/94, 38/96, 48/99) that regulate proceedings before magistrates' courts.”

The relevant provisions of the laws referred to in this reservation regulate the following matters:

- proceedings before the magistrates’ courts, including rights of the accused, rules of evidence and legal remedies (Articles 75 to 89 and 118 to 321 of the Law on Minor Offences of the Republic of Serbia and Articles 61 to 67 and 97 to 225 of the Law on Minor Offences of the Republic of Montenegro), and
- establishment and organization of the magistrates’courts (Articles 68 to 96 of the Law on Minor Offences of the Republic of Montenegro. and Articles 89a to 115 of the Law on Minor Offences of the Republic of Serbia); and
- measures for securing the presence of the accused (Articles 183 to 192 of the Law on Minor Offences of the Republic of Serbia).

The Ministry of Foreign Affairs of Serbia and Montenegro wishes to inform the Secretary General of the Council of Europe that Serbia and Montenegro shall withdraw the reservations contained in its instrument of ratification as soon as the legislation mentioned therein has been brought into conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms.

[Note by the Secretariat: The Committee of Ministers of the Council of Europe decided on its 994thbis meeting that the Republic of Montenegro is to be considered a Party to this treaty with effect from 6 June 2006.]
Period covered: 06/06/2006 -
Articles concerned : 57


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