European Convention Act (Cap. 319), article 7

7. No contravention of articles 2 to 18 (inclusive) of the Convention or of articles 1 to 3 (inclusive) of the First Proto col committed before the 30th April 1987 or of articles 1 to 4 (inclusive) of the Fourth Protocol, articles 1 and 2 of the Six th Protocol or of articles 1 to 5 (inlcusive) of the Seventh Proto col committed before the 1st April 2002, shall give rise to an acti on under article 4. Amended by: XXI. 2002.5. FIRST SCHEDULE [Article 2] Articles 2 to 18 of the Convention for the Protection of Human Rights and Fundamental Freedoms. ARTICLE 2 (1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the executi on of a sentence of a court following his conviction of a crime for whi ch this penalty is provided by law. (2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of f orce which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. ARTICLE 3 No one shall be subjected to torture or to inhuman or degrading treatment or punishment. ARTICLE 4 (1) No one shall be held in slavery or servitude. (2) No one shall be required to perform forced or compulsory labour. (3) For the purpose of this Article the term "forced or compulsory labour" shall not include: (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditioned release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are EUROPEAN CONVENTION [CAP. 319. 5 recognised, service exacted instead of compulsory military service; (c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community; (d) any work or service which forms part of normal civil obligations. ARTICLE 5 (1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following case s and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for non- compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authorities on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. (2) Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest an d of any charge against him. (3) Everyone arrested or detained in accordance with the provisions of paragraph (1)( c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. (4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a cour t and his release ordered if the detention is not lawful. (5) Everyone who has been the victim of arrest or detention in 6 CAP. 319.] EUROPEAN CONVENTION contravention of the provisions of this Article shall have an enforceable right to compensation. ARTICLE 6 (1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded fr om all or part of the trial in the interests of morals, public ord er or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. (2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. (3) Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. ARTICLE 7 (1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a crimi nal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was commit ted. (2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it w as committed, was criminal according to the general principles of law recognised by civilised nations. ARTICLE 8 (1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with EUROPEAN CONVENTION [CAP. 319. 7 the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests o f national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the prote ction of health or morals, or for the protection of the rights and fr eedoms of others. ARTICLE 9 (1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religio n or belief and freedom, either alone or in community with others an d in public or private, to manifest his religion or belief, in worsh ip, teaching, practice and observance. (2) Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and a re necessary in a democratic society in the interests of public sa fety, for the protection of public order, health or morals, or for th e protection of the rights and freedoms of others. ARTICLE 10 (1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impar t information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. (2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities , conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the preve ntion of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventin g the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. ARTICLE 11 (1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interes ts. (2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessa ry in a democratic society in the interests of national security or p ublic safety, for the prevention of disorder or crime, for the protec tion of health or morals or for the protection of the rights and freedo ms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the Armed Forces, of the Police or of the administration of the Sta te. ARTICLE 12 Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the 8 CAP. 319.] EUROPEAN CONVENTION exercise of this right. ARTICLE 13 Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. ARTICLE 14 The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any groun d such as sex, race, colour, language, religion, political or oth er opinion, national or social origin, association with a national minority, property, birth or other status. ARTICLE 15 (1) In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the ex tent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations u nder international law. (2) No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (parag raph 1) and 7 shall be made under this provision. (3) Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures which it has taken and th e reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed . ARTICLE 16 Nothing in Articles 10, 11 and 14 shall be regarded as preventi ng the High Contracting Parties from imposing restrictions on the political activity of aliens. ARTICLE 17 Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights a nd freedoms set forth herein or at their limitation to a greater e xtent than is provided for in the Convention. ARTICLE 18 The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. EUROPEAN CONVENTION [CAP. 319. 9 Articles 1 to 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. ARTICLE 1 Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in a ccordance with the general inte rest or to secure the payment of taxes or other contributions or penalties. ARTICLE 2 No person shall be denied the right to education. In the exerci se of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensur e such education and teaching in conformity with their own religious a nd philosophical convictions. ARTICLE 3 The High Contracting Parties undertake to hold free elections a t reasonable intervals by secret ballot, under conditions which w ill ensure the free expression of the opinion of the people in the choice of the legislature. Articles 1 to 4 of the Fourth Protocol to the Convention for th e Protection of Human Rights and Fundamental Freedoms. Article 1 - Prohibition of imprisonment for debt No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation. Article 2 - Freedom of movement 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement an d freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public , for the prevention of crime, for the protection of health or morals , or for the protection of the rights and freedoms of others. 4. The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposed in accordance with la w and justified by the public interest in a democratic society. 10 CAP. 319.] EUROPEAN CONVENTION Article 3 - Prohibition of expuLsion of nationals 1. No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national. 2. No one shall be deprived of the right to enter the territory of the state of which he is a national. Article 4 - Prohibition of collective expulsion of aliens Collective expulsion of aliens is prohibited. Articles 1 and 2 of the Sixth Protocol to the Convention for th e Protection of Human Rights and Fundamental Freedoms. Article 1 - Abolition of the death penalty The death penalty shall be abolished. No one shall be condemned to such penalty or executed. Article 2 - Death penalty in time of war A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent thre at of war; such penalty shall be applied only in the instances laid d own in the law and in accordance with its provisions. The State sha ll communicate to the Secretary General of the Council of Europe t he relevant provisions of that law. Articles 1 to 5 of the Seventh Protocol to the Convention for t he Protection of Human Rights and Fundamental Freedoms. Article 1 - Procedural safeguards relating to expulsion of aliens 1. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed: a. to submit reasons against his expulsion, b. to have his case reviewed, and c. to be represented for these purposes before the competent authority or a person or persons designated by that authority. 2. An alien may be expelled before the exercise of his rights under paragraph 1 a, b and c of this Article, when such expulsi on is necessary in the interests of public order or is grounded on re asons of national security. Article 2 - Right of appeal in criminal matters 1. Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewe d by a higher tribunal. The exercise of this right, including the gr ounds on which it may be exercised, shall be governed by law. 2. This right may be subject to exceptions in regard to EUROPEAN CONVENTION [CAP. 319. 11 offences of a minor character, as prescribed by law, or in case s in which the person concerned was tried in the first instance by t he highest tribunal or was convicted following an appeal against acquittal. Article 3 - Compensation for wrongful conviction When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved tha t the non-disclosure of the unknown fact in time is wholly or partly attributable to him. Article 4 - Right not to be tried or punished twice 1. No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State f or an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of tha t State. 2. The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law an d penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental d efect in the previous proceedings, which could affect the outcome of the case. 3. No derogation from this Article shall be made under Article 15 of the Convention. Article 5 - Equality between spouses Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the even t of its dissolution. This Article shall not prevent States from tak ing such measures as are necessary in the interests of the children . SECOND SCHEDULE [Article 3] DECLARATION AND RESERV ATIONS MADE BY THE GOVERNMENT OF MALTA WHEN SIGNING THE CONVENTION AND PROTOCOL (12 DECEMBER 1966) 1. Declaration of interpretation The Government of Malta declares that it interprets paragraph 2 of Article 6 of the Convention in the sense that it does not pr eclude any particular law from imposing upon any person charged under such law the burden of proving particular facts. 12 CAP. 319.] EUROPEAN CONVENTION 2. The Government of Malta, having regard to Article 64 of the Convention, and desiring to avoid any uncertainty as regard s the application of Article 10 of the Convention declares that t he Constitution of Malta allows suc h restrictions to be imposed up on public officers in regard to their freedom of expression as are reasonably justifiable in a democratic society. The code of con duct of public officers in Malta precludes them from taking an activ e part in political discussions or other political activity durin g working hours or on official premises. Cap. 9. 3. The Government of Malta, having regard to Article 64 of the Convention, declares that the principle of lawful defence admitted under sub-paragraph ( a) of paragraph (2) of Article 2 of the Convention shall apply in Malta also to the defence of prop erty to the extent required by the provisions of paragraphs ( a) and (b) of article 224 * of the Criminal Code of Malta, the text whereof, along with the text of the preceding article 223 *, is as follows: “*223. No offence is committed when a homicide or a bodily harm is ordered or permitted by law or by a lawful authority, o r is imposed by actual necessity either in lawful self defence or in the lawful defence of another person. *224. Cases of actual necessity of lawful defence shall include the following: (a) where the homicide or bodily harm is committed in the act of repelling, during the night-time the scaling or breaking of enclosures, walls, or the entrance doors of any house or inhabited apartment, or of the appurtenances thereof having a direct or an indirect communication with such house or apartment; (b) where the homicide or bodily harm is committed in the act of defence against any person committing theft or plunder, with violence, or attempting to commit such theft or plunder; (c) where the homicide or bodily harm is imposed by the actual necessity of the defence of one’s own chastity or of the chastity of another person.” 4. The Government of Malta, having regard to Article 64 of the Convention, declares that the principle affirmed in the sec ond sentence of Article 2 of the Protocol is accepted by Malta only in so far as it is compatible with the provision of efficient instruc tion and training, and the avoidance of unreasonable public expenditure, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic. *The relevant articles 223 and 224 of the Criminal Code (Cap. 9) originally referred to in the text as articles 237 and 238 respectively, have been renumbered by virtue of the Statute Law Revision Act, 1980. EUROPEAN CONVENTION [CAP. 319. 13 Added by: XXI. 2002.6. THIRD SCHEDULE (Article 4A) Paragraphs 22 to 25 of the Explanatory Report to the Seventh Protocol to the Convention