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Sayfa 279APPENDIX DRAFT PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS SECURING CERTAIN ADDITIONAL RIGHTS TO PERSONS DEPRIVED OF THEIR LIBERTY
Article 1 – Right to be informed…
A person deprived of his liberty shall be informed promptly, in a language he understands,…
Article 2 – Right to inform others of deprivation of liberty…
1. A person deprived of his liberty shall have the right to promptly inform…
2. A person deprived of his liberty shall have, in addition, the right to…
3. A person deprived of his liberty abroad shall have the right to promptly…
4. The exercise of the right laid down in paragraph 2 may be restricted as prescribed by law and when it is necessary in a democratic society in the interests of a preliminary investigation or for the prevention of crime.[1]Article 3 (former Article 5) – Right to instruct a lawyer…
1. Without prejudice to the rules concerning granting of legal aid, a person…
2. No restrictions shall be placed on the exercise of these rights other than…
Article 4 (former Article 6) - Right to the assistance of an interpreter…
A person deprived of his liberty shall be entitled to the free assistance of an interpreter…
Article 5 (former Article 7) – Right to medical care…
A person deprived of his liberty shall have the right to adequate medical care on…
Article 6 (former Article 4) – Medical research or experimentation…
A person deprived of his liberty shall not be subjected to medical research or experimentation.…
Article 7 (former Article 3) – Disciplinary punishment…
1. A person deprived of his liberty shall not be submitted to a disciplinary punishment unless the conduct for which he is held responsible constitutes a disciplinary offence and unless such conduct, the punish-
2. The person concerned shall have the right to have the decision reviewed…
3. In the case of solitary confinement or of another disciplinary punishment…
Article 8 – Right to submit a complaint…
A person deprived of his liberty shall have the right to confidentially submit a…
Article 9 – Territorial application…
1. Any State may at the time of signature or when depositing its instrument…
2. Any State may at any later date, by a declaration addressed to the Secretary…
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declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General.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
4. A declaration made in accordance with this Article shall be deemed to have…
Article 10 – Relationship to the Convention…
As between the State Parties, the provisions of Articles 1 to 9 of this Protocol…
Article 11 – Signature and ratification…
This Protocol shall be open for signature by member States of the Council of Europe…
Article 12 – Entry into force…
1. This Protocol shall enter into force on the first day of the month following…
2. In respect of any member States which subsequently expresses its consent…
Article 13 – Depositary functions…
The Secretary General of the Council of Europe shall notify all the member States…
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…
d. any other act. Notification or declaration relating to this Protocol.…
In witness whereof the undersigned, being duly authorised thereto, have signed this…
Done at Strasbourg, this … day of …., in English and in French, both texts being…
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