Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms
Nature of declaration : Reservations
Status as of 23/09/2019
Czech RepublicReservation contained in the instrument of ratification of the Czech and Slovak Federal Republic, deposited on 18 March 1992, and in a Note Verbale from the Federal Ministry of Foreign Affairs, dated 13 March 1992, and handed to the Secretary General at the time of deposit of the instrument of ratification - Or. Cze./Engl. – and confirmed at the time of accession of the Czech Republic to the Council of Europe, on 30 June 1993, and by letter from the Ministry of Foreign Affairs, dated 23 July 1993, registered at the Secretariat General on 2 August 1993 - Or. Engl.
During the ceremony of accession to the Council of Europe, the Minister of Foreign Affairs of the Czech Republic declared that the reservation made by the Czech and Slovak Federal Republic to Articles 5 and 6 of the Convention will remain applicable. The reservation reads as follows :
"The Czech and Slovak Federal Republic in accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No 11] makes a reservation in respect of Articles 5 and 6 to the effect that those articles shall not hinder to impose disciplinary penitentiary measures in accordance with Article 17 of the Act No. 76/1959 of Collection of Laws, on Certain Service Conditions of Soldiers."
The terms of section 17 of the Law on certain conditions of service of members of the armed forces, No. 76/1959 in the Compendium of Legislation, are as follows :
Texte transmitted by Note Verbale from the Permanent Representation, dated 8 April 1992, registered at the Secretariat General on the same day - Or. Fr.
1. Disciplinary sanctions shall comprise: a reprimand, penalties for petty offences, custodial penalties, demotion by one rank, and in the case of non-commissioned officers, reduction to the ranks.
2. Disciplinary custodial penalties shall comprise: confinement after duty, light imprisonment and house arrest.
3. The maximum duration of a disciplinary custodial penalty shall be 21 days.
Period covered: 01/01/1993 -
Articles concerned : 5, 6