Protocol No. 7
to the Convention
for the Protection of Human Rights
and Fundamental Freedoms
Strasbourg, 22.XI.1984
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. 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.
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2. 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 nondisclosure of the unknown fact in time is wholly or partly
attributable to him.
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