of November 4, 1950
About human rights protection and fundamental freedoms
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:
High contracting parties provide to everyone, being under their jurisdiction, the rights and freedoms determined in the Section I of this Convention.
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.
Nobody shall be exposed neither to tortures, nor brutal to either degrading treatment or punishment.
1. Nobody shall contain in slavery or servile status.
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;
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.
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;
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.
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