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Chapter 17: ECHR, Seventh Protocol
pp. 157-160- Add bookmark
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Summary
ETS NO. 117
Concluded: 22 November 1984
In force: 1 November 1988
ARTICLE 1 PROCEDURAL SAFEGUARDS RELATING TO EXPULSION OF ALIENS 157
ARTICLE 2 RIGHT OF APPEAL IN CRIMINAL MATTERS 158
ARTICLE 3 COMPENSATION FOR WRONGFUL CONVICTION 158
ARTICLE 4 RIGHT NOT TO BE TRIED OR PUNISHED TWICE 158
ARTICLE 5 EQUALITY BETWEEN SPOUSES 158
ARTICLE 6 TERRITORIAL APPLICATION 158
ARTICLE 7 RELATIONSHIP TO THE CONVENTION 159
ARTICLE 8 SIGNATURE AND RATIFICATION 159
ARTICLE 9 ENTRY INTO FORCE 159
ARTICLE 10 DEPOSITARY FUNCTIONS 159
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 Procedural safeguards relating to expulsion of aliens
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.
2. 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 Right of appeal in criminal matters
1. Everyone convicted of a criminal offence by a tribunal shall have the right to have his 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.
About the book
- Chapter DOI https://doi.org/10.1017/9781316577226.022
- Book DOI https://doi.org/10.1017/9781316577226
- Subjects International Relations and International Organisations,Law,Politics and International Relations,Public International Law
- Format: Paperback
- Publication date: 10 November 2016
- ISBN: 9781316604748
- Format: Digital
- Publication date: 28 May 2018
- ISBN: 9781316577226
- Find out more details about this book
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