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<ПРОТОКОЛ N 8 К КОНВЕНЦИИ О ЗАЩИТЕ ПРАВ ЧЕЛОВЕКА И ОСНОВНЫХ СВОБОД> (ETS N 118) [англ.] (Подписан в г. Вене 19.03.1985)





lities, after an exchange of views with the Commission;
b. it shall at the same time place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for Human Rights as defined in this Convention.
2. If the Commission succeeds in effecting a friendly settlement, it shall draw up a Report which shall be sent to the States concerned, to the Committee of Ministers and to the Secretary General of the Council of Europe for publication. This Report shall be confined to a brief statement of the facts and of the solution reached."

Article 5

In the first paragraph of Article 29 of the Convention, the word "unanimously" shall be replaced by the words "by a majority of two-thirds of its members".

Article 6

The following provision shall be inserted in the Convention:

"Article 30

1. The Commission may at any stage of the proceedings decide to strike a petition out of its list of cases where the circumstances lead to the conclusion that:
a. the applicant does not intend to pursue his petition, or
b. the matter has been resolved, or
c. for any other reason established by the Commission, it is no longer justified to continue the examination of the petition.
However, the Commission shall continue the examination of a petition if respect for Human Rights as defined in this Convention so requires.
2. If the Commission decides to strike a petition out of its list after having accepted it, it shall draw up a Report which shall contain a statement of the facts and the decision striking out the petition together with the reasons therefor. The Report shall be transmitted to the parties, as well as to the Committee of Ministers for information. The Commission may publish it.
3. The Commission may decide to restore a petition to its list of cases if it considers that the circumstances justify such a course."

Article 7

In Article 31 of the Convention, paragraph 1 shall read as follows:
"1. If the examination of a petition has not been completed in accordance with Article 28 (paragraph 2), 29 or 30, the Commission shall draw up a Report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention. The individual opinions of members of the Commission on this point may be stated in the Report."

Article 8

Article 34 of the Convention shall read as follows:
"Subject to the provisions of Articles 20 (paragraph 3) and 29, the Commission shall take its decision by a majority of the members present and voting."

Article 9

Article 40 of the Convention shall be supplemented by the following seventh paragraph:
"7. The members of the Court shall sit on the Court in their individual capacity. During their term of office they shall not hold any position which is incompatible with their independence and impartiality as members of the Court or the demands of this office."

Article 10

Article 41 of the Convention shall read as follows:
"The Court shall elect its President and one or two Vice-Presidents for a period of three years. They may be re-elected."

Article 11

In the first sentence of Article 43 of the Convention, the word "seven" shall be replaced by the word "nine".


Article 12

1. This Protocol shall be open for signature by member States of the Council of Europe signatories to the Convention, which may express their consent to be bound by:
a. signature without reservation as to ratification, acceptan



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