The member States of the Council of Europe signatory hereto,
Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by
means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome
on 4 November 1950 (hereinafter referred to as “the Convention”),
Have agreed as follows :
Article 1 – Procedural safeguards relating to expulsion of aliens
1
2
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.
An alien may be expelled before the exercise of his rights under paragraph 1.a, b and c of this Article,
when such expulsion is necessary in the interests of public order or is grounded on reasons 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 reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may
be exercised, shall be governed by law.
2
This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law,
or in cases in which the person concerned was tried in the first instance by the 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 that 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
34
1
No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the
same State for an offence for which he has already been finally acquitted or convicted in accordance with
the law and penal procedure of that State.
2
The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with
the law and penal procedure of the State concerned, if there is evidence of new or newly discovered
facts, or if there has been a fundamental defect in the previous proceedings, which could affect the
outcome of the case.