Protocol No. 7 to the 1950 European Convention for the Protection of Human Rights and Funamental Freedoms, entered into force Nov. 1, 1988.


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:

Article 1

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.

Article 2

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.

Article 3

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.

Article 4

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 Convention.

Article 5

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.

Article 6

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.

Article 7

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 resourse 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.

Article 8

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.

Article 9

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 Article 8.

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.

Article 10

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.

PROTOCOL NO. 7 TO THE CONVENTION FOR THE PROTECTION

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