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CONVENTION

of November 4, 1950

About human rights protection and fundamental freedoms

(In edition of Protocols of 11.05.1994 No. 11 (No. SED 155), 13.05.2004 No. 14)

The governments which signed this Convention, being members of council of Europe

in view of the Universal Declaration of Human Rights proclaimed the General Assembly of the United Nations on December 10, 1948

considering that this Declaration aims to provide universal and effective recognition and implementation of the rights proclaimed in it,

considering that the purpose of the Council of Europe is achievement of bigger unity between his members and that one of means of achievement of this purpose is protection and development of human rights and fundamental freedoms,

confirming the deep commitment to fundamental freedoms which are basis of justice and universal peace and which observance is in the best way provided, on the one hand, with authentic democratic political regime and, on the other hand, general understanding and respect for human rights which they are committed,

full of determination as the Governments of the European states movable by single aspiration and the having general heritage of political traditions, ideals, freedom and supremacy of law to take the first steps on the way of ensuring collective implementation of some from the rights stated in the Universal declaration

agreed as follows:

Article 1
The obligation to observe human rights

High contracting parties provide to everyone, being under their jurisdiction, the rights and freedoms determined in the Section I of this Convention.

Section I. Rights and freedoms

Article 2
Right to life

1. The right of each person to life is protected by the law. Nobody can be deprived intentionally life differently as in pursuance of the death penalty pronounced by court for crime execution concerning which the law prescribes such punishment.

2. Deprivation of life is not considered as violation of this Article when it is result of absolutely necessary use of force:

a) for protection of any person against illegal violence;

b) for implementation of legal detention or prevention of escape of person taken into custody on legal causes;

c) for suppression, according to the law, revolt or mutiny.

Article 3
Prohibition of tortures

Nobody shall be exposed neither to tortures, nor brutal to either degrading treatment or punishment.

Article 4
Prohibition of slavery and forced labor

1. Nobody shall contain in slavery or servile status.

2. Nobody shall be involved in forced or obligatory labor.

3. For the purposes of this Article the term "forced or obligatory labor" does not include:

a) any work which the person who is in prison according to provisions of article 5 of this Convention or conditionally exempted from such conclusion usually shall carry out;

b) any service of military nature, and in those countries which the refusal of military service based on beliefs, the service appointed instead of obligatory military service is recognized lawful;

c) any service obligatory in case of emergency state or disaster, life-threatening or to wellbeing of the population;

d) any work or service which is part of regular civil obligations.

Article 5
Right to liberty and security of person

1. Everyone has right to liberty and security of person. Nobody can be imprisoned differently as in the following cases and according to the procedure, established by the law:

a) the lawful custody of person condemned by competent court;

b) legal detention or detention (arrest) of person for non-execution of the judgment passed according to the law or for the purpose of ensuring execution of any obligation ordered by the law;

c) the legal detention or detention of person made it appeared before competent authority on reasonable suspicion of making of offense or in case good reasons to believe are had that it is necessary to prevent making of offense by it or to prevent it to disappear after its making;

d) detention of the minor based on the legal resolution for educational supervision or its legal detention made it appeared before competent authority;

e) legal detention of persons for the purpose of prevention of spread of infectious diseases, and also legal detention of the insane, alcoholics, addicts or tramps;

f) legal detention or detention of person for the purpose of prevention of its illegal entry into the country or faces against which measures for its dispatch or issue are undertaken.

2. Each arrested is without delay told in language of the reason of his arrest clear to it and any charge brought to him.

3. Each detainee or "c" of Item 1 of this Article taken into custody according to the subitem without delay is brought to the judge or to other official allocated according to the law, judicial authority, and has the right to legal proceedings during reasonable time or to release to court. Release can be caused by provision of guarantees for appearance in court.

4. Everyone who is imprisoned as a result of arrest or detention has the right to immediate consideration of legitimacy of its detention by court and to release if its detention is recognized by illegal court.

5. Everyone who fell victim of arrest or detention in defiance of provisions of this Article has entitlement to compensation.

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