Reservations and Declarations for Treaty No.161 - European Agreement relating to persons participating in proceedings of the European Court of Human Rights

Declarations in force as of today
Status as of 14/10/2019

Bulgaria

Declaration contained in the full powers of signature handed to the Secretary General on 3 July 2000 - Or. Eng. and confirmed in the instrument of ratification deposited on 31 May 2001 - Or. Eng./Bul.

The Republic of Bulgaria declares that the provisions of Article 4, paragraph 2 (a), of the Agreement will not apply to its own nationals.
Articles concerned : 4


Croatia

Declaration contained in a Note Verbale handed over to the Secretary General at the time of deposit of the instrument of ratification, on 2 December 1999 - Or. Engl.

Pursuant to Article 4, paragraph 2, sub-paragraph b of the European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, the Republic of Croatia declares that provision of Article 4, paragraph 2, sub-paragraph a will not apply to Croatian nationals.
Period covered: 01/02/2000 -
Articles concerned : 4


Czech Republic

Declaration contained in the instrument of ratification deposited on 24 June 1998 - Or. Engl.

The Government of the Czech Republic declares that the provisions of Article 4, paragraph 2(a), of the Agreement shall not apply in respect of citizens of the Czech Republic.
Period covered: 01/01/1999 -
Articles concerned : 4


Estonia

Interpretative declaration contained in the instrument of ratification deposited on 9 January 2012 - Or. Engl.

The Republic of Estonia declares that it interprets Article 4, paragraph 1(a), of the Convention, as not applying in the Republic of Estonia to persons detained in the course of pre-trial proceedings and court proceedings, persons serving a prison sentence upon an enforced court judgment, persons placed in a psychiatric hospital upon a court ruling and persons placed in the expulsion centre or police detention house for the purpose of expulsion upon a court ruling.
Period covered: 01/03/2012 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 9 January 2012 - Or. Engl.

Pursuant to Article 4, paragraph 2 (b), the Republic of Estonia declares that paragraph 2 (a) of Article 4 shall not apply to its own nationals or to the permanent residents of the Republic of Estonia.
Period covered: 01/03/2012 -
Articles concerned : 4


France

Declaration contained in the instrument of ratification deposited on 17 November 1998 - Or. Fr.

At the time of ratification of the Agreement, the French Republic declares that it interprets paragraph 1a of Article 4 as not applying to detained persons.

In respect of the application of paragraph 1 of Article 4, the foreign nationals referred to in paragraph 1 of Article 1 of the Agreement, must be in possession of the circulation documents required for entry into France and obtain, if appropriate, the necessary visa. A visa known as a "special visa" must additionally be obtained by foreigners expelled from French territory. Those visas will be issued within the briefest period by the competent French consular representatives, subject to the provisions of paragraph 1b of Article 4 of the Agreement.
Period covered: 01/01/1999 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited on 17 November 1998 - Or. Fr.

The French Republic declares that, with regard to the terms of paragraph 4 of Article 4, it interprets paragraph 2a of that article as not applying on French territory to persons ordinarily resident in France.
Period covered: 01/01/1999 -
Articles concerned : 4


Georgia

Declaration contained in a Note Verbale from the Minister of Foreign Affairs of Georgia, handed at the time of signature, without reservation as to ratification, of the instrument, on 10 mai 2001 - Or. Engl.

In accordance with Article 4, paragraph 2 (b), of the European Agreement, the Government of Georgia declares that the provisions of Article 4, paragraph 2 (a), will not apply to the citizens of Georgia.
Period covered: 01/07/2001 -
Articles concerned : 4


Greece

Declaration contained in a Note verbale from the Permanent Representation of Greece deposited with the instrument of ratification, on 7 February 2005 – Or. Fr.

The Governement of Greece declares that it reserves the right not to apply the provisions of Article 4, paragraph 2 (a) of the Agreement to its own nationals.
Period covered: 01/04/2005 -
Articles concerned : 4


Hungary

Declaration contained in a Note Verbale from the Minister of Foreign Affairs of the Republic of Hungary, dated 17 February 1998, handed to the Secretary General at the time of deposit of the instrument of ratification, on 1 April 1998 - Or. Engl.

The Republic of Hungary hereby declares that, in accordance with Article 4, paragraph 2, subparagraph b, of the European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, done at Strasbourg on 5 March 1996, it reserves the right not to apply the provisions of paragraph 2, subparagraph a, of this Article to its own nationals.
Period covered: 01/01/1999 -
Articles concerned : 4


Italy

Declaration contained in a Note Verbale from the Permanent Representation of Italy handed over to the Secretary General at the time of deposit of the instrument of ratification, on 6 March 1998 - Or. Fr.

With regard to Article 4, paragraph 2.b, of the Agreement, Italy declares that the provisions of paragraph 2 shall not apply to its own nationals.
Period covered: 01/01/1999 -
Articles concerned : 4


Latvia

Declaration contained in the instrument of ratification, deposited on 27 July 2006 - Or. Engl.

The Republic of Latvia declares that the provisions of paragraph 1 (a) of Article 4 of the European Agreement relating to persons participating in proceedings of the European Court of Human Rights shall not apply to persons who are in places of detention, or in other places of deprivation of personal liberty pursuant to the case-law of the European Court of Human Rights.
Period covered: 01/09/2006 -
Articles concerned : 4

Declaration contained in the instrument of ratification, deposited on 27 July 2006 - Or. Engl.

Pursuant to Article 4, paragraph 2 (b) of the European Agreement, the Republic of Latvia declares that the provisions of paragraph 2 (a) of Article 4 shall not apply to its own citizens, non-citizens of the Republic of Latvia and to the stateless persons permanently residing therein.
Period covered: 01/09/2006 -
Articles concerned : 4


Liechtenstein

Declaration appended to the full powers of signature without reservation as to ratification deposited on 21 January 1999 - Or. Fr.

The Principality of Liechtenstein declares that the provisions of Article 4, paragraph 2(a), of the Agreement will not apply to nationals of Liechtenstein.
Period covered: 01/03/1999 -
Articles concerned : 4


Malta

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Malta, dated 28 October 1998, handed to the Secretary General at the time of signature, on 3 November 1998 - Or. Engl.

The Government of Malta declares that the provisions of Article 4, paragraph 2 a, of the Agreement shall not apply to its own nationals.
Articles concerned : 4


Monaco

Declaration contained in the instrument of ratification deposited on 19 March 2007 - Or. Fr.

The Principality of Monaco declares that it interprets Article 4, paragraph 1a, of the Agreement as not applying to detained persons.
Period covered: 01/05/2007 -
Articles concerned : 4


Netherlands

Declaration contained in the instrument of acceptance, deposited on 21 January 1997 - Or. Engl.

The Kingdom of the Netherlands accepts the said Agreement for the Kingdom in Europe, the Netherlands Antilles and Aruba.
Period covered: 01/01/1999 -
Articles concerned : 9


Poland

Reservation contained in a Note Verbale handed over to the Deputy Secretary General at the time of signature of the instrument, on 2 April 2008, and confirmed at the time of deposit of the instrument of ratification, on 6 December 2012 - Or. Engl.

The Republic of Poland reserves the right to interpret paragraph 2 (c) of Article 3 of the European Agreement as not applying within 14 days from the day of the actual application of detention in preparatory proceedings.
Period covered: 01/02/2013 -
Articles concerned : 3

Reservation contained in a Note Verbale handed over to the Deputy Secretary General at the time of signature of the instrument, on 2 April 2008, and confirmed at the time of deposit of the instrument of ratification, on 6 December 2012 - Or. Engl.

The Republic of Poland reserves the right to interpret paragraph 1 (a) of Article 4 of the European Agreement as not applying to detained persons, people placed in psychiatric hospitals following a decision of a court and persons placed in a guarded center for aliens or in an arrest for the purpose of expulsion.

In respect of the application of paragraph 1 of Article 4, the foreign nationals referred to in paragraph 1 of Article 1 of the Agreement, must be in possession of the circulation documents required for entry into the Republic of Poland and obtain, if appropriate, the necessary visa. Those visas will be issued within the briefest period by the competent Polish consular representatives, subject to the provisions of paragraph 1b of Article 4 of the Agreement.
Period covered: 01/02/2013 -
Articles concerned : 4

Declaration contained in a Note Verbale handed over to the Deputy Secretary General at the time of signature of the instrument, on 2 April 2008, and confirmed at the time of deposit of the instrument of ratification, on 6 December 2012 - Or. Engl.

The Republic of Poland declares that the provisions of Article 4, paragraph 2 (a), of the European Agreement shall not apply in respect of citizens of the Republic of Poland.
Period covered: 01/02/2013 -
Articles concerned : 4


Republic of Moldova

Declaration contained in the instrument of ratification, deposited on 8 November 2001 - Or. Engl.

On the basis of Article 4, paragraph 2 (b), the Republic of Moldova declares that the provisions of Article 4, paragraph 2 (a), are not applied to its nationals.
Period covered: 01/01/2001 -
Articles concerned : 4

Declaration contained in the instrument of ratification, deposited on 8 November 2001 - Or. Engl.

The Republic of Moldova declares that the European Agreement shall not apply to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.
Period covered: 01/01/2002 -
Articles concerned : -

Reservation contained in the instrument of ratification, deposited on 8 November 2001 - Or. Engl.

The Republic of Moldova reserves the right not to apply the provisions of Article 4, paragraph 1 (a) to detained persons.
Period covered: 01/01/2002 -
Articles concerned : 4


Slovak Republic

Declaration contained in the instrument of ratification deposited on 21 May 2003 - Or. Engl.

The Slovak Republic declares that the provisions of Article 4, paragraph 2 (a), of the Agreement shall not apply in respect of citizens of the Slovak Republic.
Period covered: 01/07/2003 -
Articles concerned : 4


Spain

Declaration contained in the instrument of ratification deposited on 19 January 2001 - Or. Spa.

In accordance with the provisions of Article 4, paragraph 2b, of the Agreement, the Kingdom of Spain declares that the provisions of Article 4, paragraph 2 (a), of the Agreement will not apply to its own nationals.
Period covered: 01/03/2001 -
Articles concerned : 4


Switzerland

Declaration contained in a Note Verbale from the Permanent Representation of Switzerland, dated 9 September 1998, registered at the Secretariat General on 9 September 1998 - Or. Fr.

Due to a transmission error, the signature of the said Agreement has not been accompanied by the following declaration of the Swiss Federal Council, which should have been mentioned in the procès-verbal of signature.

“The Provisions of paragraph 2, letter (a), of Article 4, of the Agreement shall not apply to Swiss citizens prosecuted or detained in Switzerland for a grave crime against the State, national defence or the defence capability of the country”.
Period covered: 01/01/1999 -
Articles concerned : 4


Turkey

Declaration contained in a letter from the Permanent Representative of Turkey, dated 8 December 2004, registered at the Secretariat General on 13 December 2004 – Or. Engl.

The Republic of Turkey declares that the provisions of Article 4, paragraph 2 (a), of the Agreement will not apply to its own nationals.

In respect of the application of paragraph 1 of Article 4, the foreign nationals referred to in paragraph 1 of Article 1 of the Agreement, must be in possession of the circulation documents required for entry into Turkey and obtain, if appropriate, the necessary visa. Those visas will be issued in due time by the competent Turkish consular representatives, subject to the provisions of paragrah 1b of Article 4 of the Agreement.

[Note by the Secretariat : The letter dated 8 December 2004 reads as follows : "The Government of Turkey brings to the attention of the Secretariat that, due to a technical error on its part, the declarations above were only transmitted to the Secretary General after depositing the instrument of ratification, while the declarations were supposed to be submitted concurrently."]
Period covered: 01/12/2004 -
Articles concerned : 4


United Kingdom

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 1 October 2003, registered at the Secretariat General on 2 October 2003 – Or. Engl.

The Government of the United Kingdom declares that its ratification of the European Agreement relating to persons participating in proceedings of the European Court of Human Rights shall be extended to the Isle of Man, for whose international relations it is responsible.
Period covered: 01/11/2003 -
Articles concerned : 9

Declaration of territorial application contained in a letter from the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom, dated 23 February 2015, registered at the Secretariat General on 3 March 2015 - Or. Engl.

In accordance with Article 9, paragraph 1, of the Agreement, the Government of the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom's ratification of the Agreement shall be extended to the territory of the Bailiwick of Guernsey, for whose international relations the United Kingdom is responsible.
Period covered: 01/05/2015 -
Articles concerned : 9


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