Artikel 5

1. Immunities and facilities are accorded to the persons referred to in paragraph 1 of Article 1 of this Agreement solely in order to ensure for them the freedom of speech and the independence necessary for the discharge of their functions, tasks or duties, or the exercise of their rights in relation to the Commission and the Court.
2. (a) The Commission or the Court, as the case may be, shall alone be competent to waive, in whole or in part, the immunity provided for in paragraph 1 of Article 2 of this Agreement; they have not only the right but the duty to waive immunity in any case where, in their opinion, such immunity would impede the course of justice and waiver in whole or in part would not prejudice the purpose defined in paragraph 1 of this Article.
(b) The immunity may be waived by the Commission or by the Court, either ex officio or at the request, addressed to the Secretary General of the Council of Europe, of any Contracting Party or of any person concerned.
(c) Decisions waiving immunity or refusing the waiver shall be accompanied by a statement of reasons.
3. If a Contracting Party certifies that waiver of the immunity provided for in paragraph 1 of Article 2 of this Agreement is necessary for the purpose of proceedings in respect of an offence against national security, the Commission or the Court shall waive immunity to the extent specified in the certificate.
4. In the event of the discovery of a fact which might, by its nature, have a decisive influence and which at the time of the decision refusing waiver of immunity was unknown to the author of the request, the latter may make a new request to the Commission or the Court.