PROTOCOL N 3
TO THE CONVENTION FOR THE PROTECTION OF HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS, AMENDING
ARTICLES 29, 30 AND 34 OF THE CONVENTION
(ETS N 45)
(Strasbourg, 6.V.1963)
The member States of the Council of Europe, signatories to
this Protocol,
Considering that it is advisable to amend certain provisions
of the Convention for the Protection of Human Rights and
Fundamental Freedoms signed at Rome on 4th November 1950
(hereinafter referred to as "the Convention") concerning the
procedure of the European Commission of Human Rights,
Have agreed as follows:
Article 1
1 Article 29 of the Convention is deleted.
2 The following provision shall be inserted in the Convention:
"Article 29
After it has accepted a petition submitted under Article 25,
the Commission may nevertheless decide unanimously to reject the
petition if, in the course of its examination, it finds that the
existence of one of the grounds for non-acceptance provided for in
Article 27 has been established.
In such a case, the decision shall be communicated to the
parties."
Article 2
In Article 30 of the Convention, the word "Sub-Commission"
shall be replaced by the word "Commission".
Article 3
1 At the beginning of Article 34 of the Convention, the
following shall be inserted:
"Subject to the provisions of Article 29..."
2 At the end of the same Article, the sentence "the
Sub-Commission shall take its decisions by a majority of its
members" shall be deleted.
Article 4
1 This Protocol shall be open to signature by the member
States of the Council of Europe signatories to the Convention, who
may become Parties to it either by:
a signature without reservation in respect of ratification or
acceptance, or
b signature with reservation in respect of ratification or
acceptance, followed by ratification or acceptance.
Instruments of ratification or acceptance shall be deposited
with the Secretary General of the Council of Europe.
2 This Protocol shall enter into force as soon as all States
Parties to the Convention shall have become Parties to the
Protocol, in accordance with the provisions of paragraph 1 of this
Article.
3 The Secretary General of the Council of Europe shall notify
the member States of the Council of:
a any signature without reservation in respect of ratification
or acceptance;
b any signature with reservation in respect of ratification or
acceptance;
c the deposit of any instrument of ratification or acceptance;
d the date of entry into force of this Protocol in accordance
with paragraph 2 of this Article.
In witness whereof, the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Strasbourg, this 6th day of May 1963, in English and
in French, both texts being equally authoritative, in a single
copy which shall remain deposited in the archives of the Council
of Europe. The Secretary General shall transmit certified copies
to each of the signatory States.
(Follow the signatures)
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