Protocol No. 7 to the 1950 European Convention for the Protection of Human
Rights and Fundamental Freedoms, E.T.S. 117, entered into force Nov.
The member States of the Council of Europe signatory hereto,
Being resolved to take further steps to ensure the collective enforcement
of certain rights and freedoms by means of the Convention for the Protection
of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950
(hereinafter referred to as "The Convention");
Have agreed as follows:
1.An alien lawfully resident in the territory of a State shall
not be expelled therefrom except in pursuance of a decision reached in accordance
with law and shall be allowed:
a. to submit reasons against his expulsion,
b. to have his case reviewed, and c.to be represented for these purposes
before the competent authority or a person or persons designated by that
authority. An alien may be expelled before the exercise of his rights under
paragraph 1(a), (b) and (c) of this Article, when such expulsion is necessary
in the interests of public order or is grounded on reasons of national security.
1. Everyone convicted of a criminal offence by a tribunal shall
have the right to have conviction or sentence reviewed by a higher tribunal.
The exercise of this right, including the grounds on which it may be exercised,
shall be governed by law.
2. This right may be subject to exceptions in regard to offences of a minor
character, as prescribed by law, or in cases in which the person concerned
was tried in the first instance by the highest tribunal or was convicted
following an appeal against acquittal.
When a person has by a final decision been convicted of a criminal
offence and when subsequently his conviction has been reversed, or he has
been pardoned, on the ground that a new or newly discovered fact shows conclusively
that there has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated according
to the law or the practice of that State concerned, unless it is proved
that the non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
1. No one shall be liable to be tried or punished again in criminal
proceedings under the jurisdiction of the same State for an offence for
which he has already been finally acquitted or convicted in accordance with
the law and penal procedure of the State.
2.The provisions of the preceding paragraph shall not prevent the re-opening
of the case in accordance with the law and penal procedure of the State
concerned, if there is evidence of new or newly discovered facts, or if
there has been a fundamental defect in the previous proceedings, which could
affect the outcome of the case.
3.No derogation from this Article shall be made under Article 15 of the
Spouses shall enjoy equality of rights and responsibilities
of a private law character between them, and in their relations with their
children, as to marriage, during marriage and in the event of its dissolution.
This Article shall not prevent States from taking such measures as are necessary
in the interests of the children.
1. Any State may at the time of signature or when depositing
its instrument of ratification, acceptance or approval, specify the territory
or territories to which this Protocol shall apply and state the extent to
which it undertakes that the provisions of this Protocol shall apply to
this or these territories.
2. Any State may at any later date, by a declaration addressed to the Secretary-General
of the Council of Europe, extend the application of this Protocol to any
other territory specified in the declaration. In respect of such territory
the Protocol shall enter into force on the first day of the month following
the expiration of a period of two months after the date of receipt by the
Secretary General of such declaration.
3.Any declaration made under the two preceding paragraphs may, in respect
of any territory specified in such declaration, be withdrawn or modified
by a notification addressed to the Secretary General. The withdrawal or
modification shall become effective on the first day of the month following
the expiration of a period of two months after the date of receipt of such
notification by the Secretary General.
4.A declaration made in accordance with this Article shall be deemed to
have been made in accordance with paragraph 1 of Article 63 of the Convention.
5.The territory of any State to which this Protocol applies by virtue of
ratification, acceptance or approval by that State, and each territory to
which this Protocol is applied by virtue of a declaration by that State
under this Article, may be treated as separate territories for the purpose
of the reference in Article 1 to the territory of a State.
1. As between the State Parties, the provisions of Articles
1 to 6 of this Protocol shall be regarded as additional Articles to the
Convention, and all the provisions of the Convention shall apply accordingly.
2. Nevertheless, the right of individual recourse recognised by a declaration
made under Article 25 of the Convention, or the acceptance of the compulsory
jurisdiction of the Court by a declaration made under Article 46 of the Convention,
shall not be effective in relation to this Protocol unless the State concerned
has made a statement recognising such right, or accepting such jurisdiction
in respect of Articles 1 to 5 of this Protocol.
This Protocol shall be open for signature by member States of
the Council of Europe which have signed the Convention. It is subject to
ratification, acceptance or approval. A member State of the Council of Europe
may not ratify, accept or approve this Protocol without previously or simultaneously
ratifying the Convention. Instruments of ratification, acceptance or approval
shall be deposited with the Secretary General of
the Council of Europe.
1. This Protocol shall enter into force on the first day of
the month following the expiration of a period of two months after the date
on which seven member States of the Council of Europe have expressed their
consent to be bound by the Protocol in accordance with the provisions of
2. In respect to any member State which subsequently expresses its consent
to be bound by it, the Protocol shall enter into force on the first day
of the month following the expiration of a period of two months after the
date of the deposit of the instrument of ratification, acceptance or approval.
The Secretary General of the Council of Europe shall notify
all the member States of the Council of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any date of entry into force of this Protocol in accordance with Articles
6 and 9;
d. any other act, notification or declaration relating to this Protocol.
In witness whereof the undersigned, being duly authorised thereto, have
signed this Protocol.