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 Liste des déclarations formulées au titre du traité n° 005
Reservation made at the time of deposit the instrument of ratification, on 4 October 1979 - Or. Sp. In pursuance of Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], Spain makes reservations in respect of the application of the following provisions: Articles 5 and 6, insofar as they may be incompatible with the disciplinary provisions concerning the Armed Forces, as they appear in Book 2, Part XV and Book 3, Part XXIV of the Code of Military Justice. Brief statement of the relevant provisions: The Code of Military Justice provides that the punishment of minor offences may be ordered directly by an offender's official superior, after having elucidated the facts. The punishment of serious offences is subject to an investigation of a judicial character, in the course of which the accused must be given a hearing. The penalties and the power to impose them are defined by law. In any case, the accused can appeal against the punishment to his immediate superior and so on, up to the Head of State. Période d'effet : 4/10/1979 - 28/5/1986
Reservation made at the time of deposit the instrument of ratification, on 4 October 1979 - Or. Sp. In pursuance of Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], Spain makes reservations in respect of the application of the following provisions: Article 11, insofar as it may be incompatible with Articles 28 and 127 of the Spanish Constitution. Brief statement of the relevant provisions: Article 28 of the Constitution recognises the right to organise, but provides that legislation may restrict the exercise of this right or make it subject to exception in the case of the armed forces or other corps subject to military discipline and shall regulate the manner of its exercise in the case of civil servants. Article 127, paragraph 1, specifies that serving judges, law officers and prosecutors may not belong to either political parties or trade unions and provides that legislation shall lay down the system and modalities as to the professional association of these groups. Période d'effet : 4/10/1979 -
Declaration made at the time of deposit the instrument of ratification, on 4 October 1979 - Or. Sp. Spain declares that it interprets the provisions of the last sentence in Article 10, paragraph 1, as being compatible with the present system governing the organisation of radio and television broadcasting in Spain. Période d'effet : 4/10/1979 -
Declaration made at the time of deposit the instrument of ratification, on 4 October 1979 - Or. Sp. The provisions of Articles 15 and 17 to the effect that they permit the adoption of the measures contemplated in Articles 55 and 116 of the Spanish Constitution. Période d'effet : 4/10/1979 -
Declaration contained in a letter from the Permanent Representative of Spain, dated 28 May 1986 At the time of deposit of the instrument of ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, on 29 September 1979, Spain formulated a reservation to Articles 5 and 6 to the extent to which those Articles might be incompatible with the provisions of the Code of Military Justice - Chapter XV of Part II and Chapter XXIV of Part III - concerning the disciplinary regime of the Armed Forces. I have the honour to inform you, for communication to the Parties to the Convention, that these provisions have been replaced by Basic Law 12/1985 of 27 November - Chapter II of Part III and Chapters II, III and IV of Part IV - concerning the disciplinary regime of the Armed Forces, which will enter into force on 1 June 1986. The new legislation amends the former provisions by reducing the duration of the sanctions imposing deprivation of liberty which can be applied without judicial intervention by increasing the guarantees of persons during the preliminary investigation. Spain confirms nevertheless its reservation to Articles 5 and 6 to the extent to which those Articles might be incompatible with the provisions of Basis Law 12/1985 of 27 November - Chapter II of Part III and Chapters II, III and IV of Part IV - concerning the disciplinary regime of the Armed Forces, which will enter into force on 1 June 1986. Période d'effet : 28/5/1986 - 23/5/2007
Updating of a reservation transmitted by the Ministry of Foreign Affairs of Spain and registered at the Secretariat General on 23 May 2007– Or. Engl./Fr. Spain, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], reserves itself the implementation of Articles 5 and 6 insofar as they could be incompatible with the Organic Law 8/1998, of 2 December, Chapters II and III of Tile III and Chapters I, II, III, IV and V of Title IV of the Disciplinary Regime of the Army Forces, which came into force on 3 February 1999. [Note by the Secretariat : The texts of the reservation and its former updating are available here : Complete chronology.] Période d'effet : 23/5/2007 -
Declaration from the Minister for Foreign Affairs of Spain, dated 11 June 1981, registered at the Secretariat General on 16 June 1981 – Or. Fr. On behalf of the Spanish Government, I declare, in accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, that it recognises as from 1 July 1981 and for a period of two years, the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General subsequently to 1 July 1981, by any person, non-governmental organisation or group of individuals claiming, in relation to any act or decision occurring or any facts or events arising subsequently to this date, to be the victim of a violation of the rights set forth in the Convention. [Note by the Secretariat: This declaration was renewed for a period of two years by a declaration from the Minister for Foreign Affairs of Spain, dated 7 June 1983, registered at the Secretariat General on 23 June 1983 – Or. Fr., and tacitly renewed for new five year periods if no contrary intention is notified before the expiry of the current period by a declaration from the Minister for Foreign Affairs of Spain, dated 18 October 1985, registered at the Secretariat General on 29 October 1985 – Or. Fr.] Période d'effet : 1/7/1981 - 31/10/1998
Declaration from the Minister for Foreign Affairs of Spain deposited with the instrument of ratification on 4 October 1979 - Or. Spa. I have the honour to declare, in accordance with Article 46 of the Convention for the Protection of Human Rights and Fundamental freedoms signed in Rome on 4 November 1950 [see Article 34 of the Convention since the entry into force of Protocol No. 11], as amended by the provisions of Protocol No. 3 of 6 May 1963 and of Protocol No. 5 of 20 January 1966, that Spain recognises as compulsory ipso facto and without special agreement, on condition of reciprocity, the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the Convention arising subsequently to 14 October 1979. [Note by the Secretariat: This declaration was renewed for successive periods of three and five years : - by a declaration from the Minister for Foreign Affairs of Spain, dated 24 September 1982, registered at the Secretariat General on 13 October 1982 – Or. Fr. - by a declaration from the Minister for Foreign Affairs of Spain, dated 18 October 1985, registered at the Secretariat General on 29 October 1985 – Or. Fr. and tacitly renewed for new five year periods if no contrary intention is notified before the expiry of the current period by a declaration from the Minister for Foreign Affairs of Spain, dated 10 October 1990, registered at the Secretariat General on 22 October 1990 – Or. Fr.] Période d'effet : 15/10/1979 - 31/10/1998
Source : Bureau des Traités sur http://conventions.coe.int |
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