The judges shall, while exercising their functions and during journeys made in the
exercise of their functions, enjoy the following privileges and immunities:
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(a) immunity from personal arrest or detention and from seizure of their personal baggage,
and, in respect of words spoken or written and all acts done by them in their official
capacity, immunity from legal process of every kind;
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(b) exemption in respect of themselves and their spouses as regards any restrictions on
their freedom of movement on exit from and return to their country of residence, and
entry into and exit from the country in which they exercise their functions; and from
aliens' registration in the country which they are visiting or through which they
are passing in the exercise of their functions.
In the course of journeys undertaken in the exercise of their functions, the judges
shall, in the matter of customs and exchange control, be accorded:
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(a) by their own Government the same facilities as those accorded to senior Government
officials travelling abroad on temporary official duty;
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(b) by the Governments of other Members, the same facilities as those accorded to heads
of diplomatic missions.
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1 Documents and papers of the Court, judges and Registry, in so far as they relate to
the business of the Court, shall be inviolable.
In order to secure for the judges complete freedom of speech and complete independence
in the discharge of their duties, the immunity from legal process in respect of words
spoken or written and all acts done by them in discharging their duties shall continue
to be accorded, notwithstanding that the persons concerned are no longer engaged in
the discharge of such duties.
Privileges and immunities are accorded to judges not for the personal benefit of the
individuals themselves, but in order to safeguard the independent exercise of their
functions. The Court alone, sitting in plenary session, shall be competent to waive
the immunity of judges; it has not only the right, but is under a duty, to waive the
immunity of a judge in any case where, in its opinion, the immunity would impede the
course of justice, and where it can be waived without prejudice to the purpose for
which the immunity is accorded.
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3 The privileges and immunities referred to in paragraphs 1 and 2 of this Article are
accorded to the Registrar and Deputy Registrar, not for the personal benefit of the
individuals themselves, but to facilitate the discharge of their duties. The Court
alone, sitting in plenary session, shall be competent to waive the immunity of its
Registrar and Deputy Registrar; it has not only the right, but is under a duty, to
waive such immunity in any case where, in its opinion, the immunity would impede the
course of justice, and where it can be waived without prejudice to the purpose for
which the immunity is accorded.
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1 Any State may, at the time of its signature without reservation in respect of ratification,
of its ratification or at any time thereafter, declare, by notification addressed
to the Secretary-General of the Council of Europe, that the present Protocol shall
extend to all or any of the territories for whose international relations it is responsible
and where, according to Article 63 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the said Convention applies.
This Protocol shall be open to the signature of the Members of the Council of Europe
who may become parties to it either by:
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(a) signature without reservation in respect of ratification, or by
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(b) signature with reservation in respect of ratification followed by ratification.
Instruments of ratification shall be deposited with the Secretary-General of the Council
of Europe.
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1 This Protocol shall enter into force as soon as three Members of the Council of Europe
shall, in accordance with Article 9, have signed it without reservation in respect
of ratification or shall have ratified it.
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2 As regards any Member subsequently signing it without reservation in respect of ratification,
or ratifying it, this Protocol shall enter into force at the date of signature or
deposit of the instrument of ratification.
The Secretary-General of the Council of Europe shall notify Members of the Council
of: