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Convention for the Protection of Human Rights and Fundamental Freedoms

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Albania Yes No
Andorra Yes No
Armenia Yes No
Austria Yes No
Azerbaijan Yes No
Croatia Yes No
Czech Republic Yes No
Estonia Yes No
Finland Yes No
France Yes No
Georgia Yes No
Ireland Yes No
Latvia Yes No
Liechtenstein Yes No
Malta Yes No
Moldova Yes No
Monaco Yes No
Montenegro Yes No
North Macedonia Yes No
Portugal Yes No
Romania Yes No
Russian Federation Yes No
San Marino Yes No
Serbia Yes No
Slovakia Yes No
Spain Yes No
Ukraine Yes No
United Kingdom Yes No

Albania

31-03-2020

The Permanent Representation of Albania […] pursuant to Article 15 of the Convention for the protection of Human Rights and Fundamental Freedoms informs the following:
The World Health Organization on 11 March 2020 characterized COVID-19 as pandemic. Since the first case of COVID-19 was detected on the territory of Albania on 9 March, the Government has been taking measures to protect public health. On 11 March 2020, the Minister of Health and Social Protection, declared the epidemic state by Order no.156/2. Furthermore, the Minister of Health and Social Protection in order to protect the health of the population by the infection caused by COVID-19 approved some other measures. However, the increase in number of infected persons necessitated adoption of additional measures. On 15.03.2020 the Council of Minister approved normative Act No.3 “On taking special administrative measures during the period of infection caused by COVID-19”.
Furthermore, on 24 March 2020 the Council of Ministers of Republic of Albania decided state of natural disaster in order to ensure the containment of the spread of COVID-19 virus on the entire territory of Albania. The aim of the decision is to ensure epidemiological safety, restrict the spread of COVID-19 and ensure public health at national level. The Council of Ministers Decision restricted certain fundamental human rights and freedom enshrined in Articles 37, 38, 41, paragraph 4, 49 & 51 of the Constitution of Albania. The state of natural disaster starts on 24 March 2020.
The measures adopted by the Government, among others include, gradual restriction of air, land and sea traffic, suspension of education process, establishment of quarantine procedures and self-isolation, restriction of assembly, manifestation and gathering, restriction on the right of property, special regulation on public service delivery and administrative proceedings.
The Permanent Representation of Albania to the Council of Europe attaches to this Note the unofficial translation of the following documents: Council of Ministers Decision no.243, dated 24.3.2020 “On the declaration of the state of natural disaster”- Annex 1; Normative Act no. 3, dated 15.03.2020 “On taking special administrative measures during the period of infection caused by COVID-19 as amended ”and amendments dated on 24.03.2020 – Annex 2; and Order No. 156/2, dated 11.03.2020 “On the declaration of the state of Epidemic” and other Orders of the Minister of Health and Social Protection listed on Annex 3.
The application of measures taken by the Government gives reasons for the necessity to derogate from certain obligations of Republic of Albania under Articles 8 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedom, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedom and Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedom.
Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as notification for the purposes of Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Permanent Representation of Albania to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation and will notify her when the state of natural disaster is lifted.
[…]
[The unofficial translation of the three Annexes to the Note of the Permanent Representation of Albania are available on the Council of Europe website, document JJ9020C Tr./005-231.]


12-05-2020

The Permanent Representation of Albania […] in reference to its Verbal Note 057/20 dated 31 March 2020, pursuant to Article 15 […] has the honour to inform the Secretary General on the developments with regard to the State of Natural Disaster declared on 24 March 2020 by the Council of Minister of Republic of Albania, due to the spread of COVID-19.
Taking into account the significant danger posed to public health, by the Decision No.18 of 23 April 2020, the Assembly of the Republic of Albania decided to give consent to the extension of the state of natural disaster, announced by decision no. 243, dated 24.3.2020 of Council of Ministers of the Republic of Albania. After the consent by the Assembly of the Republic of Albania, the Council of Ministers issued the decision No.342, dated 25.04.2020 “On an Amendment to the Decision No. 243 of the Council of Ministers of 24.03.2020 “On the State of Natural Disaster”. Pursuant to this Decision, the restrictions imposed by Decision No. 243 “On the State of Natural Disaster” shall remain in force until 23 June 2020.
The Permanent Representation of Albania to the Council of Europe shall inform the Secretary General of the Council of Europe on the future developments with regard to the State of Natural Disaster and shall notify the Secretary-General when these measures have ceased to operate.
The Permanent Representation of Albania attaches to this Verbal Note the unofficial translations of the Decision No.18 of the Assembly of Albania of 23 April 2020 “On the Consent to Extension of the State of Natural Disaster”, and the Decision No.342 of the Council of Ministers of 25 April 2020 “On an Amendment to the Decision No.243 of the Council of Ministers of 24.03.2020 “On the State of Natural Disaster” ”, as published in the Official Gazette No.77/2020.
[The links to the unofficial translations of the Decisions No. 18 of 23 April 2020 and No. 342 of 25 April 2020 are available on the Council of Europe website, document JJ9044C Tr./005-246]


24-06-2020

The Permanent Representation of Albania […] pursuant to Article 15 of the Convention […], informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention […] and Article 2 of Protocol No. 4 to the Convention […], ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention […] and Article 2 of Protocol No. 4 to the Convention […].
The Permanent Representation of Albania […] recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania […] informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.
Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention […] and Article 2 of Protocol no.4 to the Convention […] ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
[…]

Andorra

22-01-1996

The provisions of Article 5 of the Convention relating to deprivation of liberty shall apply without prejudice to what is laid down in Article 9, paragraph 2, of the Constitution of the Principality of Andorra.
Article 9, paragraph 2, of the Constitution states:
"Police custody shall take no longer then the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours."
The provisions of Article 11 of the Convention relating to the right to form employers', professional and trade-union associations shall be applied to the extent that they are not in conflict with what is laid down in Articles 18 and 19 of the Constitution of the Principality of Andorra.
Article 18 of the Constitution states:
"The right to form and maintain employers', professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organisations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically."
Article 19 of the Constitution states:
"Workers and employers have the right to defend their own economic and social interests. A law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community."
The provisions of Article 15 of the Convention concerning a time of war or public emergency shall be applied within the limits provided for in Article 42 of the Constitution of the Principality of Andorra.
Article 42 of the Constitution states:
"1. A Llei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern in the event of natural catastrophe, for a term of fifteen days, notifying the Consell General. The latter shall be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorization of the Consell General. Any extension of these states requires the necessary approval of the Consell General.
2. In the event of the state of alarm the exercise of the rights recognised in Articles 21 and 27 may be limited. In the event of the state of emergency the rights covered by Articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The suspension of the rights covered by Articles 9.2 and 15 must be always carried on under the control of the judiciary notwithstanding the procedure of protection established in Article 9, paragraph 3."
The Government of the Principality of Andorra, while resolutely committing itself not to provide or authorise any derogation from obligations assumed, believes that it is necessary to emphasise that the fact that it forms a State with limited territorial dimensions requires it to pay special attention to problems of residence, work and other social measures in respect of foreigners, even if these questions are not covered by the Convention for the Protection of Human Rights and Fundamental Freedoms.

Armenia

26-04-2002

In accordance with Article 57 of the Convention (as amended by Protocol No.11) the Republic of Armenia makes the following reservation:
The provisions of Article 5 shall not affect the operation of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia, under which arrest and isolation as disciplinary penalties may be imposed on soldiers, sergeants, ensigns and officers.
Extract of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia (approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia)
Paragraph 51. Disciplinary penalties may be imposed on a serviceman for the breach of disciplinary order or public order and he will be subject to individual disciplinary responsibility.
[Servicemen who are subject to disciplinary sanctions]
Disciplinary penalties to be imposed on soldiers and sergeants:
Paragraph 54
a. reprimand;
b. severe reprimand;
c. deprivation for conscripted soldiers of scheduled leave from their unit;
d. detaining of conscripted soldiers for up to five extra tours of duty;
e. arrest and isolation in the guard-house for up to ten days in the case of conscripted soldiers and for up to seven days in the case of soldiers serving under a contract;
f. deprivation of the badge of excellence;
g. early transfer to the reserve in the case of soldiers serving under a contract.
Paragraph 55
The following disciplinary penalties may be imposed on conscripted sergeants:
a. reprimand;
b. severe reprimand;
c. deprivation of regularly scheduled leave from the unit;
d. arrest and isolation in the guard-house for up to ten days;
e. deprivation of the badge of excellence;
f. demotion in post;
g. demotion in rank by one grade;
h. demotion in rank by one grade with transfer to a lower post;
i. deprivation of the rank, as well as transfer to a lower post.
Paragraph 56
The following penalties may be imposed on sergeants serving under contract:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. deprivation of the badge of excellence;
e. demotion in post;
f. deprivation of the rank, as well as transfer to a lower post;
g. early transfer to the reserve;
h. deprivation of the sergeant's rank with the transfer to the reserve during peaceful period.
Paragraph 67
The following penalties may be imposed on ensigns:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank of senior ensign by one grade;
g. demotion in rank of senior ensign by one grade with transfer to a lower post;
h. early transfer to the reserve;
i. deprivation of the rank of ensign, senior ensign with the transfer to the reserve during peaceful period.
Paragraph 74
The following penalties may be imposed on army officers (with the exception of high officers' staff):
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to five days (officers commanding a regiment and a brigade, officers with colonelcy are not subject to isolation);
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank by one grade starting from the lieutenant colonels and persons having lower ranks;
g. early transfer to the reserve starting from the deputies of officers commanding a regiment and a brigade and officers having lower posts.
[Authorities entitled to impose disciplinary penalties]
Paragraph 62
Subparagraph d. Officers commanding a company are entitled to arrest and isolate soldiers, sergeants in the guard-house for up to three days.
Paragraph 63
Subparagraph d. Officers commanding a battalion are entitled to arrest and isolate in the guard-house conscripted soldiers and sergeants for up to five days and soldiers and sergeants serving under a contract for up to three days.
Paragraph 64
Subparagraph d. Officers commanding a regiment and a brigade are entitled to arrest in the guard-house conscripted soldiers and sergeants for up to ten days and servicemen and sergeants serving under a contract for up to seven days.
Paragraph 70
Subparagraph b. Officers commanding a regiment and a brigade are entitled to arrest and isolate ensigns in the guard-house for up to three days.
Paragraph 71
Subparagraph b. Officers commanding a brigade and a division are entitled to arrest and isolate ensigns in the guard-house for up to five days.
Paragraph 72
Subparagraph b. Officers commanding corps are entitled to arrest and isolate ensigns in the guard-house for up to seven days.
Paragraph 77
Subparagraph c. Officers commanding a regiment and a brigade are entitled to arrest and isolate officers of ensigns in the guard-house for up to three days.
Paragraph 78
Subparagraph a. Officers commanding corps, a brigade and a division are entitled to arrest and isolate officers of ensigns in the guard-house for up to four days.
Paragraph 79
Subparagraph a. Army commander is entitled to arrest and isolate officers in the guard-house for up to five days.


19-03-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that in response to the global outbreak and spread of COVID-19 virus the Government of the Republic of Armenia has declared a 30-day state of emergency throughout the country starting at 18:30 local time on 16 March 2020 by its Decision No. 298-N of 16 March 2020 […].
Measures taken during the state of emergency may include derogations from the obligations of the Republic of Armenia under the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as a notification in line with Article 15 of the Convention.
Subsequently, the Permanent Representation of the Republic of Armenia will notify the Secretary General when the state of emergency is lifted.
[…]
[English translation of the Decision is available on the Council of Europe website, document JJ9015C Tr./005-227]


17-04-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on March 16, 2020 in response to the global outbreak and spread of COVID-19 virus has been extended for 30 days and will expire on May 14, 2020.
Measures taken during this period, and as notified by the Permanent Representation in its Note Verbale 3201/C-084/2020, may continue to include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.


14-05-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 13 June 2020.
As the Permanent Representation has also notified in its previous communications (ref.: 3201/C- 084/2020, 3201/C-127/2020), the measures taken during the period of the state of emergency may include derogations from the Convention […].


15-06-2020

The Permanent Representation of the Republic of Armenia to the Council of Europe […] has the honour to inform that by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 13 July 2020.
As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020), the measures taken during the period of the state of emergency may include derogations from the Convention […].


15-07-2020

The Permanent Representation of the Republic of Armenia to the Council of Europe […] has the honour to inform that by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 12 August 2020.
As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020, 3201/C-191/2020), the measures taken during the period of the state of emergency may include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.


13-08-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 11 September 2020.
As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020, 3201/C-191/2020, 3201/C-223/2020), the measures taken during the period of the state of emergency may include derogations from the Convention […].


16-09-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that the state of emergency, instituted on 16 March 2020 in the Republic of Armenia in response to the global outbreak and spread of COVID-19 virus, has now expired as of 11 September 2020.
Pursuant to Article 15, paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation informs that the Government of Armenia withdraws its derogations under the relevant Articles of the Convention and its Protocols.
[…]


29-09-2020

The Permanent Representation of the Republic of Armenia […] has the honour to inform that early in the morning on September 27 the Azerbaijani armed forces launched large-scale airborne, missile and land attack along the entire line of contact with the Republic of Artsakh (Nagorno-Karabakh Republic). Azerbaijani army has resorted to the use of tanks, helicopters, heavy artillery, unmanned aerial vehicles (UAV), multiple launch rocket system, such as Grad and Smerch as well as other types of weaponry in its possession. Moreover, the town of Vardenis in the east of the Republic of Armenia has also been subjected to the UAV and missile attacks.
This is a pre-planned aggression, during which civilian settlements, infrastructure, schools and kindergartens have been targeted. There are numerous casualties among both the military and the civilians, including children.
As a result of the operations undertaken by the Republic of Azerbaijan, there is an imminent threat of armed attacks against the Republic of Armenia and invasion of its territory threatening the sovereignty, security, territorial integrity of the Republic of Armenia. The life and safety of peaceful citizens are under threat and call for emergency measures.
Moreover, the Republic of Armenia is the guarantor of security and safety of the population of the Republic of Artsakh and is resolute in exercising its duties as such.
In this context the Government of Armenia has enacted martial law throughout the country. The Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its annex on the ensuing measures and restrictions are herewith provided.
In accordance with the Article 15 of the European Convention […], the Permanent Representation hereby notifies of the temporary derogations from the obligations under Articles 8, 10 and 11 of the Convention, Article 1, Protocol 1 of the Convention and Article 2, Protocol 4 of the Convention.
[…]

Austria

03-09-1958

The provisions of Article 5 of the Convention shall be so applied that there shall be no interference with the measures for the deprivation of liberty prescribed in the laws on administrative procedure, BGBl No. 172/1950, subject to review by the Administrative Court or the Constitutional Court as provided for in the Austrian Federal Constitution.
The provisions of Article 6 of the Convention shall be so applied that there shall be no prejudice to the principles governing public court hearings laid down in Article 90 of the 1929 version of the Federal Constitution Law.

Azerbaijan

15-04-2002

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Articles 5 and 6 to the effect that the provisions of those Articles shall not hinder the application of extrajudicial disciplinary penalties involving the deprivation of liberty in accordance with Articles 48, 49, 50, 56-60 of the Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994.
Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994 (Official Gazette of the Supreme Council of the Republic of Azerbaijan » (« Azerbaycan Respublikasi Ali Sovetinin Melumati »), 1995, No. 5-6, Article 93)
48. Soldiers and sailors:
. d) can be arrested up to 10 days in "hauptvakht"(military prison).
49. Temporary service ensigns:
. g) can be arrested up to 10 days in "hauptvakht"(military prison).
50. Outer-limit service ensigns:
. g) can be arrested up to 10 days in "hauptvakht"(military prison).
56. Battalion (4th degree naval) commander has the power:
. g) to arrest soldiers, sailors and ensigns up to 3 days.
57. Company (3rd degree naval) commander has the power:
. g) to arrest soldiers, sailors and ensigns up to 5 days.
58. Regiment (brigade) commander has the power:
. g) to arrest soldiers, sailors and ensigns up to 7 days.
59. Division, special brigade (naval brigade) commanders have the additional powers other than those given to the Regiment (brigade) commanders:
. a) to arrest soldiers, sailors and ensigns up to 10 days.
60. Corps commanders, commanders of any type of army, of the different types of armed forces, as well as deputies of Defense Minister have the power to wholly impose the disciplinary penalties, prescribed in the present Regulations, in respect of soldiers, sailors and ensigns under their charge,
According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Article 10, paragraph 1, to the effect that the provisions of that paragraph shall be interpreted and applied in accordance with Article 14 of the Law of the Republic of Azerbaijan "on Mass Media" of 7 December 1999.
Law of the Republic of Azerbaijan "on Mass Media" of 7 December 1999
(Compilation of Legislation of the Republic of Azerbaijan
(« Azerbaycan Respublikasinin Qanuvericilik Toplusu »), 2000, n° 2, Article 82)
Article 14:
[...] the establishment of mass media by legal persons and citizens of foreign states in the territory of the Republic of Azerbaijan shall be regulated by interstate treaties concluded by the Republic of Azerbaijan ("legal person of a foreign state" means a legal person of which the charter fund or more than 30% of the shares are owned by legal persons or citizens of foreign states, or a legal person of which 1/3 of founders are legal persons or citizens of foreign states).


28-09-2020

The Ministry of Foreign Affairs of the Republic of Azerbaijan […] has the honour to inform that on September 27, 2020 the armed forces of Armenia blatantly violating the ceasefire regime have launched another aggression against Azerbaijan, by intensively shelling the positions of the armed forces of Azerbaijan along the frontline, as well as the villages of Qapanli of Terter district, Chiragli and Orta Garavend of Aghdam district, Alkhanli and Shukurbeyli of Fizuli district and Jojuq Merjanli of Jabrayil district, using large-caliber weapons, mortar launchers and artillery.
As a result there have been casualties among the civilians and military servicemen of Azerbaijan. Extensive damage has been inflicted on many houses and other civilian infrastructure.
The new act of aggression by Armenia against Azerbaijan is the continuation of the latest provocations of the Armenian side, including the attempt to an armed attack in the direction of Tovuz region on 12-16 July, 2020, the provocation in the direction of Goranboy region, illegal settlement policy in the occupied territories of Azerbaijan, as well as the provocative statements and activities of Armenian leadership.
In order to repel military aggression by Armenia and ensure the security of civilians and densely populated residential areas deep inside the internationally recognized territories of Azerbaijan, the armed forces of the Republic of Azerbaijan undertake counter-offensive measures within the right of self-defence and in full compliance with the international humanitarian law.
Taking into account the occupation of the Nagorno-Karabakh region of the Republic of Azerbaijan and its adjacent districts by the armed forces of the Republic of Armenia, armed attacks against the Republic of Azerbaijan and regular military provocations, martial law was declared throughout the country starting from 00:00 on 28 September 2020 according to the Article 109 paragraph 29 and Article 111 of the Constitution of the Republic of Azerbaijan by the Decree of the President of the Republic of Azerbaijan dated September 27, 2020 approved by the Decision of the Mitli Majlis (Parliament).
During the martial law, curfew shall be introduced from 21:00 hrs. to 06:00 hrs. in Baku, Ganja, Sumgayit, Yevlakh, Mingachevir, Naftalan cities, Absheron, Jabrayil, Fuzuli, Aghjabadi, Beylagan, Aghdam, Barda, Terter, Goranboy, Goygol, Dashkasan, Gadabay, Tovuz, Shamkir, Gazakh and Aghstafa districts of the Republic of Azerbaijan.
Pursuant to Article 15 paragraph 3 of the Convention […], the Ministry informs that during the martial law the Government of the Republic of Azerbaijan exercises the right of derogation from its obligations under Articles 5, 6, 8, 10 and 11 of the Convention, Article 1 and 2 of the Protocol to the Convention, and Article 2 of the Protocol No.4 to the Convention, and kindly requests the Secretary-General to disseminate the above-mentioned information among other States Parties to the Convention.
It is hereby specified that the measures taken by the Government are proportionate and targeted. Pursuant to Article 15 paragraph 1 of the Convention […], the measures are required by the exigencies of the situation and consistent with the State's other obligations under international law.
Furthermore it is hereby declared that in accordance with Article 15 paragraph 2 of the Convention […], the measures derogating from the obligations under the Convention are adopted in full compliance with the rights and obligations laid down in its Articles 2, 3, 4 (paragraph 1) and 7.
The Ministry will inform the Secretary General about future developments with regard to martial law and will notify her on the date on which Azerbaijan terminates the derogation.
[…]

Croatia

05-11-1997

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No 11], the Republic of Croatia does hereby make the following reservation in respect of the right to a public hearing as guaranteed by Article 6, paragraph 1, of the Convention:
The Republic of Croatia cannot guarantee the right to a public hearing before the Administrative Court in cases in which it decides on the legality of individual acts of administrative authorities. In such cases the Administrative Court in principle decides in closed session.
The relevant provision of the Croatian law referred to above is Article 34, paragraph 1, of the Law on Administrative Disputes, which reads as follows: "In administrative disputes the Administrative Court decides in closed session."

Czech Republic

02-08-1993

During the ceremony of accession to the Council of Europe, the Minister of Foreign Affairs of the Czech Republic declared that the reservation made by the Czech and Slovak Federal Republic to Articles 5 and 6 of the Convention will remain applicable. The reservation reads as follows:
"The Czech and Slovak Federal Republic in accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No 11] makes a reservation in respect of Articles 5 and 6 to the effect that those articles shall not hinder to impose disciplinary penitentiary measures in accordance with Article 17 of the Act No. 76/1959 of Collection of Laws, on Certain Service Conditions of Soldiers."
The terms of section 17 of the Law on certain conditions of service of members of the armed forces, No. 76/1959 in the Compendium of Legislation, are as follows:
Section 17
Disciplinary Sanctions
1. Disciplinary sanctions shall comprise: a reprimand, penalties for petty offences, custodial penalties, demotion by one rank, and in the case of non-commissioned officers, reduction to the ranks.
2. Disciplinary custodial penalties shall comprise: confinement after duty, light imprisonment and house arrest.
3. The maximum duration of a disciplinary custodial penalty shall be 21 days.

Estonia

16-04-1996

The Republic of Estonia, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], declares that while pending the adoption of amendments to the Code on Civil Procedure within one year from entry into force of the Ratification Act, she cannot ensure the right to a public hearing at the appellate court level (Ringkonnakohtus) as provided in Article 6 of the Convention, in so far as cases foreseen by Articles 292 and 298 of the Code on Civil Procedure (published in the Riigi Teataja [State Gazette] I 1993, 31/32, 538; 1994, 1, 5; 1995, 29, 358; 1996, 3, 57) may be decided through written procedure.
In the reservation to Article 6 of the Convention, made in accordance with Article 64 of the Convention, the Republic of Estonia referred to Articles 292 and 298 of the Code on Civil Procedure. Hereby the unofficial translation of the referred Articles is provided.
Article 292 - Deciding a Case based solely on an application.
(1) The Court shall decide on an appeal or special application without further proceedings, if it unanimously finds that:
1. the application is manifestly ill-founded or the person who filed the application has no right to appeal. In this case, the court shall refuse the application;
2. while the case was heard in the Court of First Instance, the procedural norms were violated which, in accordance with the law, results in the revocation of the decision or order (Article 318) and which the Court of Appeal cannot leave unaddressed. In that case, the decision or order shall be disaffirmed and the case shall be referred back to the Court of First Instance for a new trial;
3. the copy of the decision of the Court of Appeal shall be sent to the parties involved within five days from the day the decision was signed.
(2) The Court of Appeal does not have the right to decide upon an appeal or a special application against the other party, if the Court of First Instance or the Court of Appeal has not given the other party an opportunity to respond to the application.
Article 298 - Settling a Case through written procedure
The court may settle the case through written procedure without public hearing:
1. if the respondent to the appeal agrees with it;
2. if the application claims the violation of procedural norms or the incorrect application of a substantive norm in the Court of First Instance.
3. if a special application has been filed and the court considers the public hearing unnecessary.


20-03-2020

The Permanent Representation of Estonia […] pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that Estonia exercises the right of derogation from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms in the entire territory of Estonia.
The Permanent Representation of Estonia informs that following the announcement of the World Health Organization of 11 March 2020 that COVID-19 has been confirmed as pandemic, and taking into account the significant danger the spread of COVID-19 has posed to public health, on 12 March 2020, the Government of the Republic of Estonia declared emergency situation in the entire territory of the Republic of Estonia.
The declaration of emergency situation was necessary to combat the spread of the coronavirus in Estonia in the most efficient manner. The State must be able to provide its citizens with clear and, if necessary, mandatory instructions to help limit the spread of the virus, which threatens the life of the nation. The emergency situation commenced on 12 March 2020, and, unless decreed otherwise by the Government, remains in force until 1 May 2020.
Among the measures adopted by the Government of Estonia, regular class-room studies in primary, basic, secondary and vocational schools as well as higher education establishments and universities have been suspended as of 16 March 2020 and switched over to remote and home studying. Also hobby education was suspended. All public gatherings are prohibited, museums, theatres and cinemas will be closed to visitors, all performances, concerts and conferences, as well as sports competitions are prohibited. Social welfare institutions, hospitals, and detention facilities will be subject to a visiting ban.
On 14 March 2020, additional movement restrictions for several Estonian islands were introduced. Only people who have a permanent residence on the islands were allowed to travel to the territories if they do not show symptoms of COVID-19. The people currently on the islands were allowed to return home. Restrictions were also imposed on spending leisure time. All sports halls, sports clubs, gyms, spas, swimming pools, water centres, day centres, and children's playrooms were ordered to be closed. Hotels and other accommodation providers were ordered to close their gyms, swimming pools, saunas and spas. The restriction did not apply to the provision of social and health care services.
On 15 March 2020, it was decided to restrict crossing of the Schengen internal and external border temporarily and reintroduce border controls in order to contain the spread of the coronavirus as of 17 March 2020. Only citizens of Estonia and holders of Estonian residency permit or right of residence could enter Estonia, as well as foreign citizens whose family member lives in Estonia. At the border control, travel documents and medical symptoms are checked. The requirement of a two-week quarantine for everyone entering the country has also been imposed.
Some of these measures may involve a derogation from certain obligations of Estonia under Articles 5, 6, 8 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The measures adopted by the Government are required by the exigencies of the situation and are not inconsistent with other obligations under international law.
The Permanent Representation of the Republic of Estonia to the Council of Europe attaches to this note the unofficial translations of the Order No.76 of Government of Estonia of 12 March 2020 “On the Declaration of Emergency Situation in the territory of Estonia” and subsequent Orders Nos. 77 and 78 of 13 March 2020 and 15 March 2020 and ruling No. 15 “On the temporary reintroduction of border control and surveillance of internal borders” of 15 March 2020 issued by the Government of Estonia. Also translations of Orders 26, 29, 30, 32, 34 and 35 issued by the Prime Minister as the person in charge of emergency situation are appended as well as the recommendations of the Council for Administration of Courts on the administration of justice during the emergency situation, issued on 16 March 2020.
Pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Estonia to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation, and will notify her when these emergency measures have ceased to operate and the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are fully implemented again.
[…]
[English translations of the Estonian Orders are available on the Council of Europe website, document JJ9017C Tr./005-229]


16-05-2020

The Permanent Representation of Estonia […] pursuant to Article 15, paragraph 3, of the Convention […] informs that the Government of Estonia has decided to end the emergency situation in Estonia as of 18 May 2020.
The emergency situation was declared by the Order No. 76 of the Government of Estonia “On the Declaration of Emergency Situation in the territory of Estonia” of 12 March 2020 and amended on 24 April 2020. The emergency situation began on 12 March 2020 and will be terminated on 17 May 2020 (close of day). The declaration of an emergency situation was required to be able to implement effective measures that were necessary considering the spread and the control of Covid-19 virus in the entire territory of Estonia.
As of 18 May 2020, the measures which were imposed by the Government of Estonia and by the Prime Minister, as the person in charge of emergency situation, for the duration of the emergency situation, will cease to operate as emergency situation measures. Therefore, Estonia will not exercise its right to derogate from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and the provisions of the Convention are again being fully executed as of 18 May 2020.
In addition to the orders transmitted to the Secretary General on 20 March 2020, the orders issued thereafter, are accessible online (in English):
https://www.riigiteataja.ee/viitedLeht.html?id=8
[…]

Finland

16-05-2001

Whereas the instrument of ratification contained a reservation to Article 6, paragraph 1, of the Convention, whereas after partial withdrawals of the reservation on 20 December 1996, 30 April 1998 and 1 April 1999, the reservation reads as follows:
For the time being, Finland cannot guarantee a right to an oral hearing insofar as the current Finnish laws do not provide such a right. This applies to:
1. [...] proceedings before the Supreme Court in accordance with Chapter 30, Section 20, of the Code of Judicial Procedure and proceedings before the Courts of Appeal as regards the consideration of petition, civil and criminal cases to which Chapter 26 (661/1978), Sections 7 and 8, of the Code of Judicial Procedure are applied if the decision of a District Court has been made before 1 May 1998, when the amendments made to the provisions concerning proceedings before Courts of Appeal entered into force;
2. [...];
3. proceedings, which are held before the Insurance Court as the Court of Final Instance, in accordance with Section 9 of the Insurance Court Act, if they concern an appeal which has become pending before the entry into force of the Act Amending the Insurance Court Act on 1 April 1999;
4. proceedings before the Appellate Board for Social Insurance, in accordance with Section 8 of the Decree on the Appellate Board for Social Insurance, if they concern an appeal which has become pending before the entry into force of the Act Amending the Health Insurance Act on 1 April 1999.

France

03-05-1974

The Government of the Republic, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], makes a reservation in respect of Articles 5 and 6 thereof, to the effect that those articles shall not hinder the application of the provisions governing the system of discipline in the armed forces contained in Section 27 of Act No. 72-662 of 13 July 1972, determining the general legal status of military servicemen, nor of the provisions of Article 375 of the Code of Military Justice.
The Government of the Republic, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], makes a reservation in respect of paragraph 1 of Article 15, to the effect, firstly, that the circumstances specified in Article 16 of the Constitution regarding the implementation of that Article, in Section 1 of the Act of 3 April 1878 and in the Act of 9 August 1849 regarding proclamation of a state of siege, and in Section 1 of Act No. 55-385 of 3 April 1955 regarding proclamation of a state of emergency, and in which it is permissible to apply the provisions of those texts, must be understood as complying with the purpose of Article 15 of the Convention and that, secondly, for the interpretation and application of Article 16 of the Constitution of the Republic, the terms to the extent strictly required by the exigencies of the situation shall not restrict the power of the President of the Republic to take the measures required by the circumstances.
The Government of the Republic further declares that the Convention shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 [Article 56 since the entry into force of the Protocol No 11].

Georgia

23-03-2020

The Permanent Representation of Georgia to the Council of Europe […] pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that Georgia exercises right of derogation from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms in the entire territory of Georgia.
Following the announcement of World Health Organization of 11 March 2020 characterizing COVID-19 as pandemic, taking into account the danger the spread of COVID-19 has posed to public health and in order to restraint the spread of the virus, on 21 March 2020, the President of Georgia declared the State of Emergency in the entire territory of Georgia, which was approved by the Resolution N5864 of the Parliament of Georgia on the same day.
Since the first case of COVID-19 was detected on the territory of Georgia on 26 February 2020, the Government has been taking concrete measures to protect public health, including suspension of education process, shifting of public servants to remote work and issuing same recommendations to public sector, gradual restriction of air as well as land traffic, establishment of quarantine procedures and self-isolation, closure of ski-resorts, cancellation of various large-scale cultural and sporting events, closure of all retail facilities apart from those designated within the framework of strategic infrastructure, as well as grocery shops. However, the increase in number of infected persons necessitated adoption of additional measures. The current epidemic situation in the State, has reached the point of public emergency threatening the life of the nation under Article 15(1) of the Convention necessitating further and now exceptional measures to ensure safety and protection of public health.
The Decree N1 of 21 March 2020 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia adopted in accordance with the Georgian Constitution and the Law of Georgia on the State of Emergency, includes the emergency measures considered necessary in order to limit the spread of the virus and ensure public health. The Presidential Decree restricted certain fundamental human rights and freedoms enshrined in Articles 13, 14, 15, 18, 19, 21 and 26 of the Constitution of Georgia. In particular, the measures adopted by the Decree, among others, include establishing special rules of isolation and quarantine; suspension of international passenger air, land and sea traffic; special regulations on passenger transportation inside Georgia; suspension of visiting of penitentiary institutions; special regulations on public service delivery and administrative proceedings; restriction of assembly, manifestation and gathering; establishment rules and conditions of education other than those established by the relevant laws of Georgia, restrictions on the right to property. Application of these measures give reasons for the necessity to derogate from certain obligations of Georgia under Articles 5, 8 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, these derogations apply to the obligations only to the extent strictly required by the exigencies of the situation as underscored in the Presidential Decree. The Permanent Representation of Georgia to the Council of Europe attaches to this Note the unofficial translations of the Order N1 of the President of Georgia on the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020, the Decree N1 on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020, the Resolution N5864 of the Parliament of Georgia on the Approval of the Order N1 of the President of Georgia of 21 March 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia and the Resolution N5865 of the Parliament of Georgia on the Approval of the Decree N1 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020.
We also clarify that the derogations are consistent with the State’s other obligations under international law as Georgia makes the same derogation from the relevant UN treaty.
The Permanent Representation of Georgia to the Council of Europe kindly asks that this Note to be considered as notification for the purposes of Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The State of Emergency has been instituted for the period of 30 days, the emergency situation commenced on 21 March 2020 and shall remain into force until 21 April 2020. Pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Georgia to the Council of Europe will subsequently inform of any changes that might occur in relation to the situation.
[…]
[The English translations of Decree N1 and Resolutions N5864 and N5865 are available on the Council of Europe website, document JJ9018 Tr./005-230.]


23-04-2020

The Permanent Representation of Georgia […] in addition to its Note No. 24/9861, dated 21 March 2020 and pursuant to Article 15 […], has the honour to inform […] on the development with regard to the State of Emergency declared on 21 March 2020 by the Presidential Order N1 in the entire territory of Georgia due to the spread of COV1D-19.
Following the growing dynamics of the spread of COVID-19 in Georgia, the country has entered the level of massive internal transmission. Taking into account the significant danger posed to public health, by the Order N2 of President of Georgia of 21 April 2020, the State of Emergency has been extended to 22 May 2020 (included). This Order of the President of Georgia has been approved by the Resolution N5866 of the Parliament of Georgia of 22 April 2020. Pursuant to the Decree N1 of the President of Georgia of 21 March 2020 on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia, the restrictions imposed by it shall remain in force for the whole period of the State of Emergency.
The Permanent Representation of Georgia […] shall inform the Secretary General of the Council of Europe on the future developments with regard to the State of Emergency and shall notify the Secretary-General when these measures have ceased to operate.
[…]
[The links to the unofficial translations of Order N2 of the President of Georgia and Resolution N5866 of the Parliament of Georgia are available on the Council of Europe website, document JJ9032C Tr./005-240.]


25-05-2020

The Permanent Representation of Georgia […] pursuant to Article 15 of the European Convention on Human Rights has the honor to inform on the developments with respect to the measures already notified by Notes N24/9861, dated 21 March 2020 and N24/11396, dated 22 April 2020.
As follows, the special regulations imposed by the Government on the basis of the Presidential Decrees N1 and N2 of 21 March and 21 April 2020, enabled the authorities to successfully control the epidemic situation with the coronavirus in Georgia. On 22 May 2020 the Presidential Decrees enabling the Government to impose certain restrictions expired and in order to ensure further containment of the spread of the virus the same day the Parliament of Georgia adopted and the President promulgated special emergency legislation: 1) amendments to the “Law on Public Health’' and 2) amendments to Criminal Procedure Code of Georgia which established the remote court hearings and enabled the Government to introduce special rules of isolation and quarantine until 15 July 2020. […]
For these reasons, it is submitted hereby that Georgia extends the derogations from certain obligations under Articles 5, 6, 8, 11 of the Convention, Articles 1 and 2 of Protocol 1 to the Convention, Article 2 of Protocol 4 to the Convention until 15 July 2020. As underscored in our previous communications, these derogations apply to the obligations only to the extent strictly required by the exigencies of the persisting situation with the coronavirus limited to the scope of the amended “Law on Public Health” and Criminal Procedure Code of 22 May 2020. Notably, the Government of Georgia has already started gradual lifting of certain restrictions since 27 April 2020.
The Permanent Representation of Georgia […] shall inform the Secretary General of the Council of Europe when these measures cease to operate.
[…]
[Links to the unofficial English translations of the amendments to the Law of Georgia on “Public Health” and the Criminal Procedure Code of Georgia are available on the Council of Europe website, document JJ9055C Tr./005-255.]


15-07-2020

The Permanent Representation of Georgia to the Council of Europe […] pursuant to Article 15 of the European Convention on Human Rights has the honor to inform on the developments with respect to the measures already notified by Notes N24/9861, dated 21 March 2020, N24/11396, dated 22 April 2020 and N24/13560 dated 25 May 2020.
As your Excellency has been already informed, upon expiry of the Presidential Decrees enabling the Government to impose certain restrictions regarding COVID-19, on 22 May 2020 the Parliament of Georgia adopted and the President promulgated special emergency legislation: 1) amendments to the “Law on Public Health” and 2) amendments to Criminal Procedure Code of Georgia which established the remote court hearings and allowed the Government to introduce special rules of isolation and quarantine until 15 July 2020.
Despite the fact that the overall pandemic situation in Georgia remains stable and the Government is gradually lifting the restrictions, in order to maintain the successful results achieved and to effectively combat the coronavirus which still exists in the region and elsewhere, representing a common threat for the whole world, on 14 July 2020 the Parliament of Georgia extended the application of the emergency legislation until 1 January 2021.
For these reasons, it is submitted hereby that Georgia retains the already notified derogations from certain obligations under Articles 5, 6, 8, 11 of the Convention, Articles 1 and 2 of Protocol 1 to the Convention, Article 2 of Protocol 4 to the Convention until 1 January 2021. As underscored in our previous communications, these derogations apply to the obligations only to the extent strictly required by the exigencies of the persisting situation with the coronavirus. As noted above, the Government of Georgia has already started gradual lifting of certain restrictions since 27 April 2020.
The Permanent Representation of Georgia to the Council of Europe attaches to this note the unofficial translations of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code of Georgia dated 14 July 2020.
The Permanent Representation of Georgia to the Council of Europe shall inform the Secretary General of the Council of Europe when these measures cease to operate.
[…]
[Links to the unofficial English translations of the amendments to the Law of Georgia on “Public Health” and the Criminal Procedure Code of Georgia are available on the Council of Europe website, document JJ9086C Tr./005-265.]

Ireland

25-02-1953

The Government of Ireland do hereby confirm and ratify the aforesaid Convention and undertake faithfully to perform and carry out all the stipulations therein contained, subject to the reservation that they do not interpret Article 6.3.c of the Convention as requiring the provision of free legal assistance to any wider extent than is now provided in Ireland.

Latvia

16-03-2020

The Permanent Representation of Latvia to the Council of Europe […] pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that Latvia exercises the right of derogation from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms in the entire territory of Latvia.
The Permanent Representation of Latvia to the Council of Europe informs that following the announcement of the World Health Organization of 11 March 2020 that COVID-19 has been confirmed as pandemic, and taking into account the significant danger the spread of COVID-19 has posed to public health, on 12 March 2020, the Government of the Republic of Latvia declared emergency situation in the entire territory of Republic of Latvia. The aim of the declaration is to ensure epidemiological safety and restrict the spread of COVID-19. The emergency situation commenced on 13 March 2020, and will remain in force until 14 April 2020. Among the measures adopted by the Government of Latvia, in-class learning at schools has been suspended, access of third persons to hospitals, social care institutions and places of detention has been restricted, all public events, meetings and gatherings have been cancelled and prohibited, as well as movement of persons has been restricted. The application of these measures gives reasons for the necessity to derogate from certain obligations of Latvia under Articles 8 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The Permanent Representation of the Republic of Latvia to the Council of Europe attaches to this note the unofficial translation of the order No.103 of the Cabinet of Ministers of 12 March 2020 “On the Declaration of Emergency Situation”, as amended on 13 March 2020 and 14 March 2020.
Pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Latvia to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation, and will notify her when these emergency measures have ceased to operate and the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are fully implemented again.
[…]
[The English translation of the Latvian Order No. 103 is available on the Council of Europe website, document JJ9012C Tr./005-225]


16-04-2020

The Permanent Representation of Latvia […], pursuant to Article 15 […], informs that the Government of the Republic of Latvia has prolonged the state of emergency in the entire territory of the Republic of Latvia until 12 May 2020.
The Permanent Representation of Latvia […] recalls that on 15 March 2020, it informed the Secretary General of the Council of Europe that on 12 March 2020, the Government of the Republic of Latvia declared a state of emergency in the entire territory of the Republic of Latvia until 14 April 2020, which necessitated a derogation from certain obligations under Articles 8, 11 of the Convention, as well as Article 2 of the Protocol and Article 2 of Protocol No.4 to the Convention. In light of the continuous threat the COVID-19 poses to public health, on 7 April 2020, the Government of the Republic of Latvia prolonged the state of emergency in the entire territory of the Republic of Latvia until 12 May 2020. During this period, the measures imposed by the order No. 103 of the Cabinet of Ministers of 12 March 2020 “On the Declaration of Emergency Situation" and consequent derogations, as transmitted to the Secretary General on 15 March 2020, continue to apply.
Pursuant to Article 15, paragraph 3 […], the Permanent Representation of Latvia […] will inform the Secretary General of the Council of Europe about future developments with regard to the state of emergency and notify her when these emergency measures have ceased to operate and the provisions of the Convention […] are fully implemented again.


14-05-2020

The Permanent Representation of Latvia […] pursuant to Article 15 […], informs that the Government of the Republic of Latvia has prolonged the emergency situation in the entire territory of the Republic of Latvia until 9 June 2020. At the same time, following a careful assessment of the measures chosen to restrict public gatherings and events that were put in place to prevent further spread of the Covid-19 virus, the Government has decided to ease the imposed restrictions. Consequently, the Government withdraws its derogation from Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Permanent Representation of Latvia […] recalls that on 15 March 2020 it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 12 March 2020 the Government of the Republic of Latvia declared an emergency situation in the entire territory of the Republic of Latvia until 14 April 2020, which necessitated a derogation from certain obligations under Articles 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4 to the Convention. In light of the continuous threat the COVID- 19 poses to public health, on 7 May 2020, the Government of the Republic of Latvia prolonged the emergency situation in the entire territory of the Republic of Latvia until 9 June 2020. However, in addition, the Government has declared that as from 12 May gatherings and events up to 25 participants shall be allowed subject to the organizers’ ability to ensure that all participants observe a 2-meter distance and observe the obligations that have been set for epidemiological safety. These obligations, inter alia, include that the organizer must provide disinfectants and that gatherings indoors must be limited to 3 hours. The Government has thereby eased the restrictions imposed by the order No. 103 of the Cabinet of Ministers of 12 March 2020 “On the Declaration of Emergency Situation” with respect to freedom of assembly and informs the Secretary General of the of the Council of Europe that it withdraws its derogation from Article 11 of the Convention. The rest of the measures, as transmitted to the Secretary General on 15 March 2020, continue to apply to the same extent.
Pursuant to Article 15, paragraph 3, […], the Permanent Representation of Latvia […] will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation and notify her when these emergency measures have ceased to operate and the provisions of the Convention […] are fully implemented again.


10-06-2020

The Permanent Representation of Latvia […] pursuant to Article 15 of the Convention […], informs that, on 10 June 2020, the emergency situation, which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws its remaining derogations from Article 8 of the Convention and Article 2 of Protocol no. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Permanent Representation of Latvia […] recalls that on 15 March, 2020 it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 12 March 2020 the Government of the Republic of Latvia declared an emergency situation in the entire territory of the Republic of Latvia until 14 April 2020, which was subsequently extended. In light of the decision of the Government to ease the imposed restrictions with respect to freedom of assembly and right to education, on 14 May 2020 and 2 June 2020, respectively, the Permanent Representation of Latvia […] informed the Secretary General of the withdrawal of its derogation from Article 11 of the Convention and Article 2 of Protocol while maintaining the rest of the restrictions in place until 9 June 2020. Considering that the Government has decided not to extend the emergency situation in Latvia, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4 ceased to operate on 10 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
[…]

Liechtenstein

08-09-1982

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Principality of Liechtenstein makes the reservation that the right to respect for family life, as guaranteed by Article 8 of the Convention, shall be exercised, with regard to aliens, in accordance with the principles at present embodied in the Ordinance of 9 September 1980 (LGBl. 1980 No. 66).


24-05-1991

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Principality of Liechtenstein makes the reservation that the principle that hearings must be held and judgments pronounced in public, as laid down in Article 6, paragraph 1, of the Convention, shall apply only within the limits deriving from the principles at present embodied in the following Liechtenstein laws:
- Act of 10 December 1912 on civil procedure, LGBl. 1912 No. 9/1
- Act of 10 December 1912 on the exercise of jurisdiction and the competence of the courts in civil cases, LGBl. 1912 No. 9/2
- Code of Criminal Procedure of 18 October 1988, LGBl. 1988 No. 62
- Act of 21 April 1922 on non-contentious procedure, LGBl. 1922 No. 19
- Act of 21 April 1922 on national administrative justice, LGBl. 1922 No. 24
- Act of 5 November 1925 on the Supreme Court ("Haute Cour''), LGBl. 1925 No. 8
- Act of 30 January 1961 on national and municipal taxes, LGBl. 1961 No. 7
- Act of 13 November 1974 on the acquisition of immovable property, LGBl. 1975 No. 5.
The statutory provisions of criminal procedure relating to juvenile delinquency, as contained in the Act on Criminal Procedure in Matters of Juvenile Delinquency of 20 May 1987, LGBl. 1988 No. 39.

Malta

23-01-1967

The Government of Malta declares that it interprets paragraph 2 of Article 6 of the Convention in the sense that it does not preclude any particular law from imposing upon any person charged under such law the burden of proving particular facts.
The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], and desiring to avoid any uncertainty as regards the application of Article 10 of the Convention, declares that the Constitution of Malta allows such restrictions to be imposed upon public officers with regard to their freedom of expression as are reasonably justifiable in a democratic society. The Code of conduct of public officers in Malta precludes them from taking an active part in political discussions or other political activity during working hours or on official premises.
The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11] 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 property to the extent required by the provisions of paragraphs a and b of section 238 of the Criminal Code of Malta, the text whereof, along with the text of the preceding section 237, is as follows:
"237. No offence is committed when a homicide or a bodily harm is ordered or permitted by law or by a lawful authority, or is imposed by actual necessity either in lawful self-defence or in the lawful defence of another person.
238. 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."

Moldova

12-09-1997

The Republic of Moldova declares that it will be unable to guarantee compliance with the provisions of the Convention in respect of omissions and acts committed by the organs of the self-proclaimed Trans-Dniester republic within the territory actually controlled by such organs, until the conflict in the region is finally settled.
In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Republic of Moldova formulates a reservation to Article 5 with a view to retaining the possibility of applying disciplinary sanctions to soldiers in the form of arrest warrants issued by superior officers, as laid down in Articles 46, 51-55, 57-61 and 63-66 of the Disciplinary Regulations of the Armed Forces, adopted under Law No. 776-XIII of 13 March 1996.
Appendix to the reservation (...)
Disciplinary Regulations of the Armed Forces
Article 46.
The following disciplinary penalties may be imposed on conscripts:
a) preliminary warning;
b) warning;
c) severe warning;
d) withholding of furlough;
e) imposition of extra duties (apart from guard and emergency service) and chores - up to a maximum of 5 tours of duty (maximum of 8 working hours per day);
f) detention for a maximum of 10 days;
g) demotion in terms of duties;
h) demotion by one rank;
i) removal of the rank of sergeant.
Article 51.
Officers commanding a company are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 4 tours of duty for soldiers and 2 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 72 hours (3 days).
Article 52.
(1) Officers commanding a battalion are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 5 tours of duty for soldiers and 3 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 5 days.
(2) In addition to the sanctions listed above, commanders-in-chief of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are entitled to impose the disciplinary sanctions set out in Article 53 (e) and (h).
Article 53.
Officers commanding a regiment are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 5 tours of duty for soldiers and 3 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 7 days;
e) demote conscripted sergeants in terms of duties;
f) remove the military rank of corporal;
g) demote soldiers by one rank, from the rank of sergeant-major downwards, including demotion in terms of duties;
h) remove the rank of conscripted sergeants, including demotion in terms of duties.
Article 54.
In addition to the powers granted to officers commanding regiments, officers commanding brigades are entitled to impose on soldiers and sergeants the penalty of detention for a maximum of 10 days.
Article 55.
The following disciplinary penalties may be imposed on professional soldiers:
a) preliminary warning, warning and severe warning;
b) imposing the penalty of detention (apart from women soldiers) for a maximum of 10 days;
c) notification of partial unsuitability for duty;
d) demotion in terms of duties;
e) relegating soldiers to the reserve before the expiry of their contracts.
Article 57.
Officers commanding a company are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) impose on soldiers the penalty of detention for a maximum of 2 days.
Article 58.
(1) Officers commanding a battalion are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) impose the penalty of detention for a maximum of 3 days.
(2) Commanders (heads) of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are also entitled to impose the disciplinary sanctions set out in Article 59 (c) and (d).
Article 59.
Officers commanding a regiment are entitled to:
a) issue preliminary warnings, warnings and severe warnings;
b) impose the penalty of detention for a maximum of 5 days;
c) notify soldiers of partial unsuitability for duty;
d) relegating soldiers, corporals, lower-ranking sergeants, sergeants and sergeant-majors to the reserve before the expiry of their contracts.
Article 60.
In addition to the powers set out in Article 59, officers commanding brigades are also entitled to:
a) impose the penalty of detention for a maximum of 7 days;
b) demote soldiers by one rank.
Article 61.
The following disciplinary sanctions may be imposed on officers:
a) preliminary warning, warning and severe warning;
b) arrest of lower-ranking officers for a maximum period of 10 days;
c) arrest of higher-ranking officers for a maximum period of 5 days;
d) notification of partial unsuitability for duty;
e) demotion in terms of duties;
f) demotion by one rank.
Article 63.
(1) Officers commanding companies and battalions are entitled to issue preliminary warnings, warnings and severe warnings.
(2) Commanders of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are also entitled to impose on lower-ranking officers the penalty of detention for a maximum of 3 days, and to notify them of partial unsuitability for duty.
Article 64.
In addition to the powers set out in Article 63, officers commanding regiments are entitled to impose on lower-ranking officers the penalty of detention for a maximum of 5 days.
Article 65.
In addition to the powers set out in Article 64, officers commanding brigades are also entitled to:
a) impose on lower-ranking officers the penalty of detention for a maximum of 7 days, and on higher-ranking officers detention for a maximum of 3 days;
b) demote lower-ranking officers by one rank.
Article 66.
In addition to the powers set out in Article 65, Vice-Ministers of Defence, Vice-Ministers of the Interior, Vice-Ministers for National Security and Deputy Heads of the Department of Civil Protection and Emergency Situations are entitled to:
a) impose on lower-ranking officer the penalty of detention for a maximum of 10 days, and on higher-ranking officers detention for a maximum of 5 days;
b) demote officers by one rank, from the deputy commanders of military units downwards.


19-03-2020

The Permanent Representation of the Republic of Moldova […] wishes to inform about the decision of the Parliament of the Republic of Moldova to declare a state of emergency on 17 March 2020 as a critical measure to stop the spread of COVID-19. The state of emergency has been instituted for a period of 60 days, from 17 March - 15 May 2020 on the entirety of the territory of the Republic of Moldova.
The measures already in force or envisaged to be gradually implemented entail or may entail restrictions to fundamental rights and liberties inter alia by way of establishing a special regime of entry and exit from the country, a special regime of movement on the territory of the Republic of Moldova, suspending the activity of educational establishments, introducing the quarantine regime, prohibiting meetings, public demonstrations and other mass gatherings, and therefore, triggering the necessity for the Republic of Moldova to derogate, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms from the application of certain provisions of the Convention and its Protocols, in particular, Article 11 of the Convention, Article 2 of the First Protocol and Article 2 of the Protocol No. 4.
Bearing in mind the worrying trends of COVID-19 spread in Europe, the afore-mentioned measures are essential steps in combating the spread of the COVID-19 and protect the population against this global pandemic.
The Permanent Representation kindly asks that this Note Verbale be considered as a notification for the purposes of Article 15, paragraph 3, of the Convention. Additionally, the Representation will duly inform the Secretary General when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
[…]
[Decision of the Parliament of the Republic of Moldova is available on the Council of Europe website, document JJ9016C Tr./005-228]


20-05-2020

The Permanent Representation of the Republic of Moldova […] with reference to the Note Verbale No. FRA-CoE/352/169 from 18 March 2020 notifying about the declaration of the state of emergency and the exercise by the Republic of Moldova of the right of derogation from its obligations under the European Convention on Human Rights, has the honor to inform that the state of emergency in the Republic of Moldova ceased on 15 May 2020, thus bringing to an end the derogations announced by the Republic of Moldova from Article 11 of the Convention, Article 2 of the First Protocol and Article 2 of the Fourth Protocol to the Convention.
The Permanent Representation kindly requests this communication be considered a notification on the end of derogations, in accordance with article 15(3) of the Convention.
[…]

Monaco

30-11-2005

The Principality of Monaco recognises the principle of hierarchy of norms, essential guarantee of the rule of law. In the Monegasque legal system, the Constitution, freely granted by the Sovereign Prince - who is its source - to His subjects, constitutes the supreme norm of which He is the guardian and the arbitrator, as well as the other norms of a constitutional value constituted by the special conventions with France, the general principles of international law regarding the sovereignty and independence of States, as well as the Statutes of the Sovereign Family. International treaties and agreements regularly signed and ratified by the Prince are superior in authority to laws. Therefore, the Convention for the protection of Human Rights has an infra-constitutional, yet supra-legislative value.
The Principality of Monaco rules out any implication of its international responsibility with regard to Article 34 of the Convention, concerning any act or any decision, any fact or event prior to the entry into force of the Convention and its Protocols in respect of the Principality.
The Principality of Monaco declares that the provisions of Articles 6, paragraph 1, and 13 of the Convention apply without prejudice to the provisions, on the one hand, of Article 3, sub-paragraph 2, of the Constitution of the Principality according to which the Prince may in no instance be subjected to legal proceedings, His person being sacred and, on the other hand, of Article 15 of the Constitution relating to the royal prerogatives of the Sovereign, concerning more precisely the right of naturalisation and of re-instatement of nationality.
The provisions of Article 10 of the Convention apply without prejudice to the provisions, on the one hand of Article 22 of the Constitution establishing the principle of the right to respect for private and family life, especially concerning the person of the Prince whose inviolability is guaranteed in Article 3, sub-paragraph 2, of the Constitution and, on the other hand, of Articles 58 to 60 of the Criminal Code concerning the offence against the person of the Prince and His family.
Commentary
Article 3, sub-paragraph 2, of the Constitution establishes: "The person of the Prince is inviolable". Article 15 of the Constitution establishes: "Following the consultation of the Crown Council, the Prince exercises the prerogative of mercy and of amnesty, as well as the prerogative of naturalisation and of re-instatement of nationality".
Article 22 of the Constitution establishes: "Everyone has the right to respect for his private and family life (...". Article 58 of the Criminal Code establishes: "The offence towards the person of the Prince, if committed in public, is sanctioned with imprisonment from six months to five years, and the fine provided for in numeral 4 of Article 26. In the opposite case, it is sanctioned with imprisonment from six months to three years and the fine provided for in numeral 3 of Article 26." Article 59 of the Criminal Code establishes: "The offence towards the Prince's family members, if committed in public, is sanctioned with imprisonment from six months to three years, and the fine provided for in numeral 3 of Article 26. In the opposite case, it is sanctioned with imprisonment from three months to one year and the fine provided for in numeral 2 of Article 26. Article 60 of the Criminal Code establishes: "Any writing aiming to publicly undermine the Prince or his family, and done with the intention to harm, is sanctioned with the fine provided for in numeral 4 of Article 26".
The Principality of Monaco declares that the provisions of Articles 6, paragraph 1, 8 and 14 of the Convention apply without prejudice to the provisions, on the one hand of Article 25, sub-paragraph 2, of the Constitution on the priority of employment for Monegasques and, on the other hand, of Articles 5 to 8 of the Law No. 1144 of 26 July 1991 and of Articles 1, 4 and 5 of the Law No. 629 of 17 July 1957, relating to the prerequisite authorisations for the exercise of a professional activity, as well as of Articles 6, sub-paragraph 1, and 7, sub-paragraph 2, of the same law concerning the order of dismissal and re-employment."
Commentary
Article 25, sub-paragraph 2, of the Constitution establishes: "Priority is secured to Monegasques for the accession to public and private employment, within the conditions provided for by the law or the international conventions". The conditions which secure the priority of employment to Monegasques are specified in the statutes of the public office and in various texts instituting a preferential treatment within certain sectors of activity: Ord. of 1 April 1921 (doctors); Law No. 249 of 24 July 1938 (dental surgeons); Law No. 1047 of 8 July 1982 (lawyers); Law No. 1231 of 12 July 2000 (chartered accountants); Ord.-Law No. 341 of 24 March 1942 (architects); Sovereign Ord. No. 15.953 of 16 September 2003 (shipping brokers); they may also follow from the power of nomination of the Prince: Ord. of 4 March 1886 (notaries). The conditions concerning the priority for employment which are intended to facilitate the exercise, by Monegasques, of a first independent activity are foreseen by Article 3 of the Ministerial Decree No. 2004-261 of 19 May 2003 (assistance and loan for professional settlement).
Article 5 of the law No. 1144 of 26 July 1991 concerning the exercise of certain economic and legal activities establishes: "The exercise of the activities foreseen in Article 1 [crafts, commercial, industrial and professional activities carried out on an independent basis] by individual foreign nationals is subordinated to the obtention of an administrative authorisation (sub-paragraph 1). The opening or the running of an agency, a branch or administrative or representative office, a firm or a company whose seat is located abroad is also subordinated to an administrative authorisation (sub-paragraph 2). The authorisation, given by decision from the State Minister, determines restrictively, for the duration it fixes, the activities which may be exercised, the premises where they will be deployed and indicates, where necessary, the conditions of their exercise (sub-paragraph 3). The authorisation is personal and non-transferable (sub-paragraph 4). Any modification of the activities carried out or any change of the owner of the former authorisation or of the premises requires the issuance of a new authorisation under the conditions provided for by the two preceding sub-paragraphs (sub-paragraph 5)."[The refusal of authorisation shall not be motivated: Article 8, sub-paragraph 2, a contrario to the law No. 1144].
Article 6 of the law No. 1144 establishes: "Any individual foreign national, who is the tenant manager of a business is submitted to the provisions of the previous article, in addition to those resulting from the law on tenancy. The effects of the declaration made by the Monegasque lessor or that of the authorisation held by the foreign national lessor, are suspended during the life of the lease".
Article 7 of the law No. 1144 establishes: "The partners referred to under numerals 1 and 2 of Article 4 [i. e. partners of a company established in the form of a public company whose purpose is the exercise of professional activities, as well as partners in a commercial partnership or in limited partnership whose purpose is the exercise of commercial, industrial or professional activities], when in possession of a foreign nationality, must obtain an administrative authorisation, issued following a decision from the State Minister".
Article 8 of the law No. 1144 establishes: "The provisions of this section apply also to individuals in possession of the Monegasque nationality, who intend to provide, subject to payment and in whichever form, banking, credit, advice or assistance services in the legal, tax, financial and stock exchange fields, as well as brokerage, portfolio management or property management services with a power of disposal; they apply also to the same persons who are partners in one of the companies referred to in Article 4 and whose purpose is the exercise of these same activities (sub-paragraph 1). The administrative decision must be motivated with reference to the professional competencies and to the financial and moral guaranties presented (sub-paragraph 2)".
Article 1 of the law No. 629 of 17 July 1957 aiming to settle the conditions of recruitment and dismissal in the Principality establishes: "No foreigner may hold a private job in Monaco without a work permit nor may he or she hold a job in a profession other than that indicated on this permit".
Article 4 of the law No. 629 establishes: "Any employer who intends to engage or re-engage a worker with a foreign nationality must obtain, prior to the later taking up his or her duty, a written authorisation from the directorate for labour and employment".
Article 5 of the law No. 629 establishes: "For candidates having the necessary ability to work, and in the absence of workers of Monegasque nationality, the authorisation foreseen in the previous article is given according to the following order of priority: 1. foreigners married to a Monegasque having kept her nationality and not legally separated, and foreigners born directly from a Monegasque; 2. foreigners resident in Monaco and having already carried out a professional activity there; 3. foreigners resident in the adjacent communes where they have been authorised to work".
Article 6, paragraph 1, of the law No. 629 establishes: "Dismissal for suppression of posts or reduction of staff may be carried out, for a given professional category, only in the following order: 1. foreigners resident outside Monaco and the adjacent communes; 2. foreigners resident in the adjacent communes; 3. foreigners resident in Monaco; 4. foreigners married to a Monegasque (.) and foreigners born directly from a Monegasque; 5. Monegasques (...)".
Article 7, sub-paragraph 2, of the law No. 629 establishes: "Re-engagements are done in the reverse order than the one for dismissals (...)".
The Principality of Monaco declares that the provisions of Article 10 of the Convention apply without prejudice to the provisions of Article 1 of the law No. 1122 of 22 December 1988 concerning the distribution of radio and television broadcasts and to Sovereign Order No. 13.996 of 18 May 1999 approving the concession of public telecommunication services which entails the establishment of a monopoly in the field of broadcasting. This monopoly does not concern programs but only the technical modalities of broadcasting.
Commentary
Article 1 of the law No. 1122 of 22 December 1988 establishes: "The distribution, in each building, of radio-electrical waves to users of acoustical or visual broadcasting devices is ensured, under the conditions provided for by this law, by way of a public service installation which substitutes itself to private external receiving aerials".
The Sovereign Order No. 13.996 of 18 May 1999 establishes: "The concession of public broadcasting services signed on 11 May 1999 by Our Domain Administrator and Mr Jean Pastorelli, Deputy President of "Monaco télécom, SAM", a public limited company with a capital of 10.000.000 F, as well as the terms and conditions of the said concession and their appendices are hereby approved".

Montenegro

03-03-2004

Succession to declaration of Serbia and Montenegro:
While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of [...] Articles 61 to 225 of the Law on Minor Offences of the Republic of Montenegro (Sluzbeni list Republike Crne Gore, Nos. 25/94, 29/94, 38/96, 48/99) that regulate proceedings before magistrates' courts.
The relevant provisions of the laws referred to in this reservation regulate the following matters:
- proceedings before the magistrates' courts, including rights of the accused, rules of evidence and legal remedies ([...] Articles 61 to 67 and 97 to 225 of the Law on Minor Offences of the Republic of Montenegro), and
- establishment and organization of the magistrates' courts (Articles 68 to 96 of the Law on Minor Offences of the Republic of Montenegro. [...] );
The Ministry of Foreign Affairs of Serbia and Montenegro wishes to inform the Secretary General of the Council of Europe that Serbia and Montenegro shall withdraw the reservations contained in its instrument of ratification as soon as the legislation mentioned therein has been brought into conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Serbia and Montenegro declares that the right to a public hearing enshrined in Article 6, paragraph 1, of the Convention shall be without prejudice to the application of the principle that courts in Serbia do not, as a rule, hold public hearings when deciding in administrative disputes. The said rule is contained in Article 32 of the Law on Administrative Disputes (Sluzbeni list Savezne Republike Jugoslavije, No. 46/96) of the Republic of Serbia.

North Macedonia

01-04-2020

The Permanent Representation of the Republic of North Macedonia to the Council of Europe […] pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms has the honour to inform that the Republic of North Macedonia shall exercise the right to derogation from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms on the entire territory of North Macedonia.
The Permanent Representation of the Republic of North Macedonia to the Council of Europe has the further honour to inform that following the announcement of the World Health Organization of 11 March 2020 confirming the COVID-19 coronavirus pandemic, and taking into account the significant danger its spreading has posed to the public health, on 18 March 2020, the President of the Republic of North Macedonia has adopted a Decision to establish the existence of state of emergency on the entire territory of the Republic of North Macedonia. The state of emergency has been established for a period of 30 days with a view to preventing the spread and coping with the consequence of the COVID-19 coronavirus. The Decision No. 08-526/2 of 18 March 2020 was signed by the President of the Republic, in accordance with Article 125 of the Constitution of the Republic of North Macedonia, and was published in the Official Gazette of the Republic of North Macedonia No. 68, dated 18 March 2020 (annexed hereto). The Decision shall be submitted to the Assembly of the Republic of North Macedonia to be verified as soon as the Assembly is in position to meet. It must be born in mind that the Assembly of the Republic of North Macedonia had been dissolved prior to the coronavirus crisis, on 16 February 2020, for the purpose of convening early parliamentary elections on 12 April 2020. During the state of emergency, the Government of the Republic of North Macedonia, in accordance with the Constitution and relevant laws, adopts Decrees with the force of law. Before the expiration of the 30 days the Government is obliged to submit to the President a detailed report for the effects of the measures that had been taken and a reasoned proposal for the need of potentially extending the state of emergency for additional 30 days.
The Government has publicly announced that certain human rights and fundamental freedoms guaranteed under the Constitution may be temporarily suspended or restricted for the duration of state of emergency, but only to the extent required by such circumstances and as much as the measures adopted do not create any discrimination on the basis of race, sex, ethnic origin, language, religion, political or other conviction, social status, education and other personal circumstances.
Since the first case of COVID-19 was detected on the territory of the Republic of North Macedonia on 24 February 2020, the Government of the Republic of North Macedonia gradually has adopted a set of decisions, conclusions and has been taking concrete preventive measures to protect the public health.
The measures adopted by the Government of the Republic of North Macedonia, among others include: suspension of regular classroom instruction in primary, secondary and vocational schools and universities, to be replaced with distance home learning, restriction of public assemblies, cancelling all public events, meetings and gatherings, closing of museums, theatres and cinemas for visitors, cancellation of performances and conferences, suspension of international passenger air traffic, establishing special rules of isolation and state-organized quarantine for citizens entering the territory, ban on and special regime of movement in parts and on the entire territory of the country, as well as additional movement restrictions.
The application of these measures may influence the exercise of certain rights and freedoms under the Convention and in some instances give reason for the necessity to derogate from certain obligations of the Republic of North Macedonia under Article 8 and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The measures adopted by the Government are proportionate and targeted, required by the exigencies of the situation and are not inconsistent with other obligations under international law.
The Permanent Representation of the Republic of North Macedonia to the Council of Europe attaches to this Note Verbale unofficial translation of the Decision No. 08-526/2, signed by the President of the Republic of North Macedonia by which the state of emergency was declared, as well as subsequent Decrees adopted by the Government of the Republic of North Macedonia in the period from 12 to 27 March 2020.
The Permanent Representation of the Republic of North Macedonia to the Council of Europe shall additionally inform the Secretary General of the Council of Europe about new relevant decrees adopted by the Government in relation to the emergency situation, and will notify the Secretary General of the Council of Europe when these measures will have ceased to apply and thus the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms will be fully implemented again.
[…]
[The unofficial translations of the Decisions and Decrees are available on the Council of Europe website, document JJ9021C Tr./005-232.]


29-04-2020

The Permanent Mission of North Macedonia […] with reference to its Note Verbale No. 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention […], has the honor to inform that the President of the Republic of North Macedonia has adopted a Decision establishing the existence of state of emergency in the entire territory of the Republic of North Macedonia, for a period of 30 days, in order to have protection from spreading and coping with the consequences of the coronavirus COVID-19. Decision No. 08-607/2 of 16 April 2020, published in the Official Gazette of the Republic of North Macedonia No. 104 of 17 April 2020 […], effectively extends the period of the state of emergency instituted on 18 March 2020.
[…]
[The link to the English translation of Decision No. 08-607/2 is available on the Council of Europe website, document JJ9038C Tr./005-243.]


22-05-2020

The Permanent Mission of North Macedonia […] with reference to its Note Verbale No. 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention […], and further to the Note Verbale 35-01-200/1 dated 29 April 2020 has the honor to inform that the President of the Republic of North Macedonia has adopted a Decision establishing the existence of state of emergency in the entire territory of the Republic of North Macedonia, for a period of 14 days, in order to ensure protection from spreading and coping with the consequences of the coronavirus COVID-19. Decision No. 08-682/2 of 16 May 2020, published in the Official Gazette of the Republic of North Macedonia No. 127 of 17 May 2020 […], effectively extends the period of the state of emergency instituted on 18 March 2020.
[…]
[The link to the English translation of Decision No. 08-682/2 is available on the Council of Europe website, document JJ9054C Tr./005-254.]


02-06-2020

The Permanent Representation of the Republic of North Macedonia to the Council of Europe […], with reference to its Note Verbale 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and further to the Notes Verbales 35-01-200/1 dated 29 April 2020 and 35-01-226/2 dated 22 Маy 2020, has the honour to inform that the President of the Republic of North Macedonia has adopted a Decision establishing the existence of state of emergency in the entire territory of the Republic of North Macedonia, for a period of 14 days, in order to ensure protection from propagation and coping with the consequence of the coronavirus COVID-19. Decision No.08-729/2 of 30 May 2020, published in the Official Gazette of the Republic of North Macedonia No.142 of 31 May 2020 (annexed hereto), effectively extends the period of the state of emergency instituted on 18 March 2020.
[…]
[The link to Decision No. 08-729/2 is available on the Council of Europe website, document JJ9060C Tr./005-256.]


17-06-2020

The Permanent Representation of the Republic of North Macedonia […] with reference to its Note Verbale 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention […] and further to the Notes Verbales 35-01-200/1 dated 29 April 2020, 35-01-226/2 dated 22 Маy 2020 and 35-01-241/2 dated 2 June 2020, has the honour to inform that the President of the Republic of North Macedonia has adopted a Decision establishing the existence of state of emergency in the entire territory of the Republic of North Macedonia, for a period of 8 days, in order to prepare and conduct early elections for Members of the Assembly of the Republic of North Macedonia, with measures for protection of public health in state of pandemic of coronavirus COVID-19. Decision No.08-777/3 of 15 June 2020, published in the Official Gazette of the Republic of North Macedonia No.159 of 15 June 2020 is annexed hereto.
[…]
[The link to the English translation of Decision No. 08-777/3 is available on the Council of Europe website, document JJ9067C Tr./005-260.]


30-06-2020

The Permanent Representation of the Republic of North Macedonia […] with reference to its Note Verbale 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and further to the Notes Verbales 35-01-200/1 dated 29 April 2020, 35-01-226/2 dated 22 Маy 2020, 35-01-241/2 dated 2 June 2020 and 35-01-272/2 dated 17 June 2020 has the honour to inform that the State of emergency in the entire territory of the Republic of North Macedonia, established by the President of the Republic of North Macedonia by Decision No.08-777/3 of 15 June 2020, published in the Official Gazette of the Republic of North Macedonia No.159 of 15 June 2020, has ceased to exist as of 24 June 2020.
Pursuant to Article 15 of the Convention […], the Government of the Republic of North Macedonia therefore withdraws its derogations under Article 8 and Article 11 of the European Convention […], Article 2 of the Protocol of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention […] and declares that provisions of the Convention [..] are fully implemented again.
[…]

Portugal

09-11-1978

Article 5 of the Convention will be applied subject to Articles 27 and 28 of the Military Discipline Regulations, which provide for the placing under arrest of members of the armed forces.
Articles 27 and 28 of the Military Discipline Regulations read as follows:
Article 27
1. Arrests consist of the detention of the offender in a building intended for the purpose, in an appropriate place, barracks or military establishment, in suitable quarters on board ship or, failing these, in a place determined by the competent authority.
2. Between the reveille and sundown, during the period of detention, the members of the armed forces can perform the duties assigned to them.
Article 28
Close arrest consists of the detention of the offender in a building intended for the purpose.
Article 7 of the Convention will be applied subject to Article 309 of the Constitution of the Portuguese Republic, which provides for the indictment and trial of officers and personnel of the State Police Force (PIDE-DGS).
Article 309 of the Constitution reads as follows:
Article 309
1. Law No. 8/75 of 25 July shall remain in force with the amendments made by Law No. 16/75 of 23 December and Law No. 18/75 of 28 December.
2. The offences referred to in Articles 2.2, 3, 4.b and 5 of the Law referred to in the foregoing paragraph may be further defined by law.
3. The exceptional extenuating circumstances as provided for in Article 7 of the said Law may be specifically regulated by law.
(Act No. 8/75 lays down the penalties applicable to officers, officials and associates of the former General Directorate of Security (beforehand the International and State Defence Police), disbanded after 25 April 1974, and stipulates that the military courts have jurisdiction in such cases).

Romania

17-03-2020

On 16 March 2020 the President of Romania decreed state of emergency on the territory of Romania in order to ensure the containment of the spread of SARS-CoV- 2 virus on the territory of Romania.
The Decree no. 195 by which the state of emergency was declared in accordance with the Romanian Constitution and the relevant law on the regime of the state of siege and of the state of emergency was published in the Official Gazette no. 212 of 16 March 2020 […]. The Decree includes the emergency measures of immediate and gradual application deemed necessary in order to limit the spread of the virus and ensure public health at national level.
Some of the measures taken in this context involve derogations from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), to which Romania is a party.
Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as notification for the purposes of Article 15 paragraph 3 of the Convention.
The initial duration of the state of emergency is of 30 days. The Romanian authorities will subsequently inform of any changes that might occur in relation to the situation.
[Decree no. 195 is available on the Council of Europe website, document JJ9014C, Tr./005-226]


02-04-2020

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Note Verbal no. 498/17.03.2020, in view of the obligation stipulated in art. 15 para 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:
The state of emergency decreed by the President of Romania on 16 March 2020 was endorsed by the Parliament of Romania on 19 March 2020, in accordance with art. 93 of the Romanian Constitution.
Considering that pursuant to Decree no. 195/ 16 March 2020, on the state of emergency, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 4 para. 4 of the Decree, the following Military Ordinances have been adopted to date:
Military Ordinance no. 1 of 17 March 2020, on some first emergency measures regarding large gatherings of people and cross-border movement of certain goods (published in the Official Journal no. 219 of 18 March 2020)
Military Ordinance no. 2 of 21 March 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 232 of 21 March 2020)
Military Ordinance no. 3 of 24 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 242 of 24 March 2020)
Military Ordinance no. 4 of 29 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 257 of 29 March 2020)
Military Ordinance no. 5 of 30 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 262 of 31 March 2020)
Military Ordinance no. 6 of 30 March 2020 on placing under quarantine the municipality of Sueeava and some neighbouring communes and on establishing a buffering protection area in some administrative territorial units in the Suceava county (published in the Official Journal no. 262 of 31 March 2020).
The texts of the above-mentioned Military Ordinances are hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.
At the same time, Governmental Emergency Ordinance no. 28 amending and supplementing Law no. 286/2009 on the Criminal Code was adopted on 18 March 2020, introducing new penalties and new crimes related to the COVID-19 pandemic. The text of the normative act is attached to this Note Verbal in Romanian (as published in the Official Journal) as well as in the English courtesy translation.
It should be noted that the measures taken by the Romanian authorities are permanently adjusted to cover all potential situations and to clarify their concrete application and are founded on the factual evaluation of the situation made by the National Commission for Special Emergency Situations. The gradual nature of the measures as well as their constant adjustment reflect the concern of the Romanian authorities to abide by the principles of necessity and proportionality and, thus, to strictly apply only those measures required at a certain moment by the circumstance of the situation, in the general effort to contain the spread of SARS-COV-2 virus and its effects on the territory of Romania.
The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.
[…]
[Links to the English courtesy translations of the Ordinances are available on the Council of Europe website, document JJ9022C Tr./005-233.]


14-04-2020

The Permanent Representation of Romania […] following Notes Verbale no. 498/17.03.2020 and no. 594/02.04.2020, in view of the obligation stipulated in Article 15, paragraph 3, […] has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:
Considering that pursuant to Decree no. 195/ 16 March 2020 on the state of emergency, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in Article 4, paragraph 4, of the Decree, two new Military Ordinances have been adopted:
- Military Ordinance no. 7 of 4 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 284 of 4 April 2020);
- Military Ordinance no. 8 of 9 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 301 of 10 April 2020).
[…]
At the same time, Emergency Governmental Ordinance no. 34 amending and supplementing the Government’ Emergency Ordinance no. 1/1999 on the regime of the state of siege and of the state of emergency was adopted on 26 March 2020 and published in the Official Journal of Romania, Part I, No. 226 of 31 March 2020 was adopted on 26 March 2020 and published in the Official Journal of Romania, Part I, No. 226 of 31 March 2020. […]
The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.
[…]
[Links to the English translations of the ordinances are available on the Council of Europe website, document JJ9027C, Tr./005-236]


27-04-2020

The Permanent Representation of Romania […] following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020 and no.671/21.04.2020, in view of the obligation stipulated in art. 15 para 3, […] has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:
Considering that pursuant to Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted: Military Ordinance no. 9 of 16 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 321 of 16 April 2020).
[…]
The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.
[…]
[Link to the English translation of the ordinance is available on the Council of Europe website, document JJ9035C, Tr./005-242]


30-04-2020

The Permanent Representation of Romania […] following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020, no.671/21.04.2020 and no. 699/24/04/2020, in view of the obligation stipulated in art. 15 para 3 of the Convention […], has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:
Considering that pursuant to Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted:
Military Ordinance no. 10 of 27 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 340 of 27 April 2020).
[…]
The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.
[…]
[Link to the English translation of the ordinance is available on the Council of Europe website, document JJ9039C, Tr./005-244]


13-05-2020

The Permanent Representation of Romania […] following Notes Verbal no.498/17.03.2020 and no.671/21.04.2020, in view of the obligation stipulated in art. 15 para. 3 (2nd thesis) […] has the honour to inform the Secretary General that the state of emergency on the territory of Romania have ceased to be in force as of 14 May 2020 (24:00 hrs).
The provisions of Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania and of the military ordinances adopted on its bases which might have involved derogations from the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms have ceased their effect as of the same date.
[…]


15-05-2020

The Permanent Representation of Romania […] following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020, no. 671/21.04.2020, no. 699/24.04.2020, no. 723/29.04.2020 and no. 787/12.05.2020 in view of the obligation stipulated in art. 15 para 3 […] has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:
Considering that pursuant to Decree no. 240/ 14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted:
Military Ordinance no. 12 of 13 May 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 387 of 13 May 2020).
[…]
The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.
[…]
[Link to the English translation of the ordinance is available on the Council of Europe website, document JJ9050C, Tr./005-250]


15-05-2020

The Permanent Representation of Romania […] following Notes Verbal no.498/17.03.2020 and no.671/21.04.2020, in view of the obligation stipulated in art. 15 para. 3 (2nd thesis) […] has the honour to inform the Secretary General that the state of emergency on the territory of Romania have ceased to be in force as of 14 May 2020 (24:00 hrs).
The provisions of Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania and of the military ordinances adopted on its bases which might have involved derogations from the provisions of the Convention […] have ceased their effect as of the same date.
[…]

Russian Federation

05-05-1998

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Russian Federation declares that the provisions of Article 5, paragraphs 3 and 4, shall not prevent the application of the following provisions of the legislation of the Russian Federation:
- the temporary application, sanctioned by the second paragraph of point 6 of Section Two of the 1993 Constitution of the Russian Federation, of the procedure for the arrest, holding in custody and detention of persons suspected of having committed a criminal offence, established by Article 11, paragraph 1, Article 89, paragraph 1, Articles 90, 92, 96, 961, 962, 97, 101 and 122 of the RSFSR Code of Criminal Procedure of 27 October 1960, with subsequent amendments and additions;
- Articles 51-53 and 62 of the Disciplinary Regulations of the Armed Forces of the Russian Federation, approved by Decree no. 2140 of the President of the Russian Federation of 14 December 1993 - based on Article 26, paragraph 2, of the Law of the Russian Federation "On the Status of Servicemen" of 22 January 1993 - instituting arrest and detention in the guard-house as a disciplinary measure imposed under extra-judicial procedure on servicemen - private soldiers, seamen, conscripted non-commissioned officers, non commissioned officers and officers.
The period of validity of these reservations shall be the period required to introduce amendments to the Russian federal legislation which will completely eliminate the incompatibilities between the said provisions and the provisions of the Convention.
Appendices to the reservation
Code of criminal procedure of the RSFSR (The text of the extracts include all amendments and additions as at 1 October 1997. Official publishing sources are indicated in the texts of the articles) adopted by the third session of the Supreme Soviet of the RSFSR (fifth convocation) on 27 October 1960 ("Vedomosti Verkhovnogo Soveta RSFSR", 1960, No. 40, page 593)
Article 11, paragraph 1 - Personal inviolability
No one may be arrested otherwise than on the basis of a judicial decision or a prosecutor's order (wording of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 8 August 1983; of the Law of the Russian Federation of 23 May 1992; of the Federal Law of 15 June 1996 - Vedomosti Verkhovnogo Soveta RSFSR, 1983, No. 32, page 1153 - Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, 1992, No. 25, page 1389; Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 25, page 2964).
Article 89, paragraph 1 - Application of preventive measures
When there are sufficient grounds for believing that an accused person would evade an inquiry, preliminary investigation or trial or will obstruct the establishment of the truth in a criminal case or will engage in criminal activity, as well as in order to ensure execution of a sentence, the person conducting the inquiry, the investigator, the prosecutor and the court may apply one of the following preventive measures in respect of the accused: a written undertaking not to leave a specified place; a personal guarantee or a guarantee by a public organisation; placing in custody.
Article 90 - Application of a preventive measure in respect of a suspect
In exceptional cases a preventive measure may be applied to a person suspected of having committed a criminal offence even before a charge is brought against him. In such a case the charge shall be brought not later than ten days from the time of the application of the preventive measure. If no charge is brought within this period, the preventive measure shall be cancelled.
Article 92 - Order and decision on the application of a preventive measure
On the application of a preventive measure a person conducting an inquiry, an investigator and a prosecutor shall make a reasoned order, and a court shall give a reasoned decision specifying the criminal offence which the individual concerned is suspected of having committed, as well as the grounds for choosing the preventive measure applied. The order or decision shall be notified to the person concerned, to whom at the same time the procedure for appealing against the application of the preventive measure shall be explained.
A copy of the order or decision on the application of the preventive measure shall be immediately handed to the person concerned (wording of the Law of the Russian Federation of 23 May 1992 - Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, 1992, No. 25, page 1389).
Article 96 - Placing in custody
Placing in custody as a preventive measure shall be done in accordance with the requirements of Article 11 of this Code concerning criminal offences for which the law prescribes a penalty in the form of deprivation of freedom for a period of more than one year. In exceptional cases, this preventive measure may be applied in criminal matters for which a penalty in the form of deprivation of freedom for a period of less than one year is prescribed by law (wording of the Decrees of the Presidium of the Supreme Soviet of the RSFSR of 10 September 1963, of 21 May 1970, of 17 April 1973, of 15 July 1974, of 11 March 1977 and of 8 August 1983; of the Laws of the Russian Federation of 23 May 1992, of 29 April 1993 and of 1 July 1993; of the Federal Laws of 1 July 1994, of 17 December 1995, of 15 June 1996 and of 21 December 1996 - Vedomosti Verkhovnogo Soveta RSFSR, 1963, No. 36, page 661; 1970, No. 22, page 442; 1973, No. 16, page 353; 1974, No. 29, page 782; 1977, No. 12, page 257; and 1983, No. 32, page 1153 - Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, 1992, No. 25, page 389, 1993, No. 22, page 789, No. 32, page 1231 - Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, No. 10, page 1109, 1995, No. 51, page 4973; 1996, No. 25, page 2964, and No. 52, page 5881).
Article 961 - Procedure for detaining persons placed in custody
The procedure for detaining persons in respect of whom placing in custody has been chosen as a preventive measure is laid down in the Regulations (Polojenie) on pre-trial custody.
In cases where persons referred to in the preceding paragraph of this article are detained for up to three days in places of detention, they shall be subject to the rules laid down in the Regulations on procedure for short-term detention of persons suspected of having committed a criminal offence (brought into effect by the Decree of the Presidium of the Supreme Soviet of the RSFSR of 21 May 1970; wording of the Decrees of the Presidium of the Supreme Soviet of the RSFSR of 30 December 1976 and 8 August 1983 - Vedomosti Verkhovnogo Soveta RSFSR, 1970, No. 22, page 442; 1977, No. 1, pages 2; 1983, No. 32, page 1153).
Article 962 - Time-limits for detaining persons placed in custody in temporary detention centres
Suspects and accused persons who have been placed in custody as a preventive measure may be detained in a temporary detention centre for not more than three days.
Suspects and accused persons detained in an investigation centre may be transferred to a temporary detention centre when this is necessary for the carrying out of investigatory activities and the judicial examination of cases beyond the boundaries of the populated area within which the investigation centre is situated and from which the persons concerned cannot be conveyed every day. Such transfer may be effected for the duration of investigatory activities and court proceedings but not for more than 10 days in any one month (brought into effect by the Decree of the Presidium of the Supreme Soviet of the RSFSR of 21 May 1970; wording of the Federal Law of 15 June 1996 - Vedomosti Verkhovnogo Soveta RSFSR, 1970, No. 22, page 442; Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 25, page 2964).
Article 97 - Time-limits for keeping in custody
A period of custody during the investigation of offences in criminal cases may not last longer than two months. This time-limit may be extended up to three months by a district or municipal prosecutor, a military prosecutor of a garrison, strategical unit or group of units and comparable prosecutors if it is impossible to complete the investigation and there are no grounds for altering the preventive measure. A further extension up to six months from the day of placement in custody may be effected only on account of the special complexity of the case by a prosecutor of a subject of the Russian Federation, a prosecutor of a military district, a military force grouping, naval fleet, the Strategic Missile Forces, the Federal Frontier Service of the Russian Federation or comparable prosecutors.
An extension of the time-limit for keeping persons in custody beyond six months shall be permissible in exceptional cases and solely in respect of persons accused of committing serious criminal offences or highly serious criminal offences. Such an extension shall be effected by a deputy of the Prosecutor General of the Russian Federation (up to one year) and by the Prosecutor General of the Russian Federation (up to 18 months).
No further extension of the time-limit shall be permissible, and the accused held in custody shall be releasable immediately.
The documents of a completed investigation of a criminal case shall be produced for consultation by the accused and his defence counsel not later than one month before the expiry of the maximum time-limit for holding in custody as prescribed in the second paragraph of the present article. In the event of the accused being unable to consult the case documents before the expiry of the maximum time-limit for holding in custody, the Prosecutor General of the Russian Federation, a prosecutor of a subject of the Russian Federation, a prosecutor of a military district, a military force grouping, a naval fleet, the Strategic Missile Forces, the Federal Frontier Service of the Russian Federation and comparable prosecutors may, not later than five days before the expiry of the maximum time-limit for holding in custody, apply to the judge of the "oblast", "kray" or comparable court for an extension of this time-limit.
Not later than five days from the day of receipt of the application, the judge shall take one of the following decisions:
1. decision to extend the time-limit for holding in custody up to the completion by the accused and his counsel of their consultation of the documents of the case and the referral of the case to the court by the prosecutor, but not for more than six months;
2. decision to reject the prosecutor's application and to release the person concerned from custody.
Under the same procedure the time-limit for holding in custody may be extended in the case of need to accede to a request by the accused or his counsel to pursue the preliminary investigation further.
If a court returns for a new investigation a case regarding which the time-limit for holding the accused in custody has expired but the circumstances of the case preclude any modification of the preventive measure in the form of holding in custody, the time-limit for holding in custody shall be extended by the prosecutor supervising the investigation for up to one month from the date on which the case reaches him. Any further extension of the time-limit shall take account of the time spent by the accused in custody before the referral of the case to the court and shall be effected in the manner and within the limits prescribed in the first and second paragraphs of this article.
An extension of the time-limit for holding in custody in accordance with the present article shall be a ground for appealing to a court against the holding in custody and for a judicial verification of its legality and justification under the procedure provided for in Articles 2201 and 2202 of the present Code (wording of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 11 December 1989; of the Law of the Russian Federation of 23 May 1992; of the Federal Law of 31 December 1996 - Vedomosti Verkhovnogo Soveta RSFSR, 1989, No. 50, page 1478 - Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, 1992, No. 25, page 1389; Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 1, page 4).
Article 101 - Cancellation or modification of a preventive measure
A preventive measure shall be cancelled when it ceases to be necessary, or else changed into a stricter or a milder one if the circumstances of the case so require. The cancellation or modification of a preventive measure shall be effected by a reasoned order of the person carrying out the inquiry, the investigator or the prosecutor, or by a reasoned court decision after the case has been transferred to a court.
The cancellation or modification, by the person conducting the inquiry or by the investigator, of a preventive measure chosen on the prosecutor's instructions shall be permissible only with the prosecutor's approval.
Article 122 - Apprehension of a person suspected of committing a criminal offence
An organ of inquiry may apprehend a person suspected of committing a criminal offence punishable by a custodial sentence in one of the following instances only:
1. when the said person was caught at the time of commission of the criminal offence or immediately after its commission;
2. when eye witnesses, including victims, directly indicate that person as the perpetrator of the criminal offence;
3. when clear traces of the criminal offence are found on the suspected person or his clothing, with him or at his home.
When there are other factors constituting grounds for suspecting an individual of having committed a criminal offence, the individual may be apprehended only if he has attempted to escape or if he has no fixed abode or if he has not been identified.
On every case of apprehension of a person suspected of committing a criminal offence the organ of inquiry shall draw up a report indicating the relevant grounds and reasons, the day, time, year, month and place of apprehension, the explanations of the person apprehended and the time of drawing up the report, and shall inform the prosecutor in writing within 24 hours. The apprehension report shall be signed by the person who drew it up and by the person apprehended. Within 48 hours of being notified of the apprehension the prosecutor shall be required either to approve the placing of the person apprehended in custody or to release that person (wording of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 30 December 1976, - Vedomosti Verkhovnogo Soveta RSFSR, 1977, No. 1, page 2).
Disciplinary regulations of the armed forces of the Russian Federation - (The text of the extracts include all amendments and additions as at 1 October 1997. Official publishing sources are indicated in the texts of the articles)
Approved by Decree No. 2140 of the President of the Russian Federation, of 14 December 1997 (Collection of Instruments of the President and the Government of the Russian Federation, 1993, No. 51, page 4931)
51. The following punishments may be imposed on private soldiers and seamen:
a. reprimand;
b. severe reprimand;
c. deprivation of conscripted soldiers and seamen of scheduled leave from their unit or ship;
d. detailing of conscripted soldiers and seamen to up to five extra tours of duty;
e. arrest and detention in the guard-house for up to seven days in the case of soldiers and seamen serving under a contract and for up to ten days in the case of conscripted soldiers and seamen;
f. deprivation of the badge of excellence;
g. early transfer to the reserve in the case of soldiers and seamen serving under a contract.
52. The following punishments may be imposed on conscripted non-commissioned officers:
a. reprimand;
b. severe reprimand;
c. deprivation of ordinary leave from the unit or ship;
d. arrest and detention in the guard-house for up to ten days;
e. deprivation of the badge of excellence;
f. demotion in post;
g. demotion in rank by one grade;
h. demotion in rank by one grade with transfer to a lower post.
53. The following punishments may be imposed on non-commissioned officers serving under a contract:
a. reprimand;
b. severe reprimand;
c. arrest and detention in the guard-house for up to seven days;
d. deprivation of the badge of excellence;
e. demotion in post;
f. early transfer to the reserve.
The punishments specified in item (c) of the present article and in items (c)-(e) of Article 51 may not be imposed on women serving as private soldiers, seamen and non-commissioned officers.
62. The following punishments may be imposed on officers:
a. reprimand;
b. severe reprimand;
c. arrest and detention in the guard-house for up to five days;
d. warning about inadequate suitability for duty;
e. demotion in post;
f. early transfer to the reserve.
The punishment specified in item (c) of the present article may not be imposed on women serving as officers.

San Marino

22-03-1989

The Government of the Republic of San Marino, although confirming its firm undertaking neither to foresee nor to authorise derogations of any kind from the obligations subscribed, feels compelled to stress that the fact of being a State of limited territorial dimensions calls for particular care in matters of residence, work and social measures for foreigners even if they are not covered by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto.
With regard to the provisions of Article 11 of the Convention on the right to form trade unions, the Government of the Republic of San Marino declares that in San Marino two trade unions exist and are active, that Articles 2 and 4 of Law No. 7 of 17 February 1961 on the protection of employment and employees foresee that associations or trade unions must register with the Law Court and that such registration may be obtained provided the association includes at least six categories of employees and a minimum of 500 members.


10-04-2020

The Ministry of Foreign Affairs of the Republic of San Marino […], in accordance with Article 15 […], informs that the Republic of San Marino intends to exercise the right to derogate from its obligations under the Convention.
Following the World Health Organization's announcements, in particular that of 30 January 2020, in which the COVID-19 epidemic was declared an international public health emergency, and that of 11 March 2020, in which it was declared a "pandemic", as well as the World Health Organization's recommendations to the international community regarding the need to adopt appropriate measures and the evolution of the epidemiological situation, the highly contagious nature of COVID-19 and the increase in cases in the Republic of San Marino, the Congress of State of the Republic of San Marino (Government) has adopted a series of urgent and necessary measures to reduce and manage the spread of this virus.
Having regard to the conditions of necessity and urgency referred to in Article 2, paragraph 2, letter b) of Constitutional Law no. 183 of 15 December 2005 and Article 12 of Qualified Law no. 184 of 15 December 2005, the Republic of San Marino has adopted the following Decree-Laws:
- Decree-Law no. 43 of 5 March 2020 entitled "Urgent measures to reduce the spread of COVID- 19 (Coronavirus)";
- Decree-Law no. 44 of 8 March 2020 entitled "Urgent measures to reduce the spread of COVID- 19 (Coronavirus)";
- Decree-Law no. 51 of 14 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)";
- Decree-Law no. 52 of 20 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)";
- Decree-Law no. 59 of 4 April 2020 - Extension of Decree-Law no. 52 of 20 March 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)" and further measures to manage the emergency.
Some of the measures taken in this context imply derogations from the obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms; therefore, the Ministry of Foreign Affairs requests that this Verbal Note be considered as notification for the purposes of Article 15 of the Convention.
It is hereby specified that, pursuant to Article 15, paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the derogations are consistent with the State's other obligations under international law. Furthermore, it is hereby declared that, in accordance with Article 15, paragraph 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the measures derogating from the obligations under the Convention are adopted in full compliance with the rights and obligations laid down in Articles 2, 3, 4 (paragraph 1) and 7.
As provided for by Decree-Law no. 59 of 4 April 2020, the measures adopted until now shall remain in force until 20 April 2020. In accordance with Article 15, paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Ministry of Foreign Affairs of the Republic of San Marino shall keep the Secretary General of the Council of Europe fully informed of any developments and shall send an appropriate notification when the measures have ceased to operate and all the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.
While informing that the Republic of San Marino has recognised the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms by attributing them constitutional status in its legal system, the Ministry of Foreign Affairs of the Republic of San Marino avails itself of this opportunity to reiterate San Marino's deep commitment to the protection of Human Rights and Fundamental Freedoms and to the system of the Convention.
[…]


23-04-2020

The Ministry of Foreign Affairs of the Republic of San Marino […] in accordance with Article 15 […], as well as following its Note ref. 33669/2020 dated 10 April 2020, informs that the Government of the Republic of San Marino has adopted the Decree-Law no. 62 of 17 April 2020 entitled "Urgent measures to reduce and manage the spread of COVID-19 (Coronavirus)", prolonging until 4 May 2020 the urgent measures adopted to reduce and manage the spread of this virus.
While entirely confirming the content of its Note ref. 33669/2020 as far as the measures are concerned and in accordance with Article 15, paragraph 3, of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Ministry of Foreign Affairs of the Republic of San Marino will inform the Secretary General of the Council of Europe about future developments and will inform when these measures have ceased to operate and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.


11-05-2020

The Ministry of Foreign Affairs of the Republic of San Marino […], in accordance with Article 15 […], as well as following its Note Ref. 35392/2020 dated 22 April 2020, informs that the Government of the Republic of San Marino has adopted Decree-Law no. 68 of 3 May 2020 entitled "Provisions for a gradual loosening of restrictive measures following Covid-19 health emergency", which introduces new provisions and partly extends until 31 May 2020 the urgent measures adopted to reduce and manage the spread of this virus.
Decree-Law no. 68 of 3 May 2020 provides for a partial reduction of the restrictive measures adopted to deal with Covid-19 health emergency with regard to freedom of movement, assembly and association.
The most recent legislation also provides, where possible, for the holding of remote meetings and the possibility to conduct religious and funeral ceremonies.
In accordance with Article 15, paragraph 3 […], the Ministry of Foreign Affairs of the Republic of San Marino will inform the Secretary General of the Council of Europe about future developments and will provide a notification when these measures have ceased to operate and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.


07-07-2020

The Ministry of Foreign Affairs of the Republic of San Marino […] in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as following up Note Verbale Ref. 39208 of 8 May 2020, has the honour to inform that the Government of the Republic of San Marino has adopted Decree-Law no. 108 of 30 June 2020 entitled "Final provisions relating to the COVID-19 emergency", declaring the termination of the COVID-19 emergency and of the previously enacted measures. With the aforementioned Decree-Law, the Government of the Republic of San Marino declares that all the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms are again being fully executed.
[…]

Serbia

11-05-2011

The Republic of Serbia withdraws the reservations and the declaration made in accordance with Article 57 of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950. The reservations contained in the instrument of ratification deposited on 3 March 2004 with the Secretary General, updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006, concerning Article 5, paragraphe 1[c], and Article 6, paragraphs 1 and 3, of the Convention, read as follows :
"While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Sluzbeni glasnik Socijalisticke Republike Srbije, No. 44/89; Sluzbeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) that regulate proceedings before magistrates' courts.
The right to a public hearing enshrined in Article 6, paragraph 1, of the Convention shall be without prejudice to the application of the principle that courts in Serbia do not, as a rule, hold public hearings when deciding in administrative disputes. The said rule is contained in Article 32 of the Law on Administrative Disputes (Sluzbeni list Savezne Republike Jugoslavije, No. 46/96) of the Republic of Serbia."
Bearing in mind that since the deposit of its instrument of ratification, the Republic of Serbia has adopted the new Law on Minor Offences (Sluzbeni glasnik Republike Srbije, Nos. 101/05, 116/08 and 111/09), the Law on Justice Administration (Sluzbeni glasnik Republike Srbije, Nos. 116/08, 104/09 and 101/10) and the Law on Administrative Disputes (Sluzbeni glasnik Republike Srbije, No. 11/09) that have been brought in conformity with Article 5, paragraph 1[c] and Article 6, paragraphs 1 and 3, of the Convention, as well as that also adopted was the Law on Amendments to the Law on the Ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Sluzbeni glasnik Republike Srbije – Medjunarodni ugovori, No. 12/10) which deleted Article 3 of the Law containing the said reservations, this is to inform that the Republic of Serbia withdraws the above-mentioned reservations to the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950.
Simultaneously with the deposit of the instrument of ratification, the declaration, containing a brief statement of the laws concerned, was handed over in a Note verbale by the former Minister for Foreign Affairs of Serbia and Montenegro and updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006.
Having in mind the withdrawal of the above-mentioned reservations, the Republic of Serbia withdraws also the pertinent declaration as redundant.


06-04-2020

The Ministry of Foreign Affairs of the Republic of Serbia […] has the honour to inform that, in line with Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the Republic of Serbia has declared a state of emergency on 15 March 2020, pursuant to Article 200 of the Constitution of the Republic of Serbia, in order to take measures necessary to prevent the occurrence and spread of, and to suppress the COVID-19 contagious disease caused by SARS-CoV-2 virus.
The measures implemented by the Republic of Serbia have derogated from certain obligations provided for in the European Convention on Human Rights to the extent strictly required by the exigencies of the epidemiological situation and medical necessity. Measures undertaken have been constantly under review taking into account the epidemiological situation, recommendations of the World Health Organization and experiences in fighting this contagious disease.
In adopting particular measures and issuing recommendations, responsible institutions of the Republic of Serbia adhere to their commitments arising from Article 15 (1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights).
All decisions made by the Government and other institutions of the Republic of Serbia are immediately published in the Official Gazette, on the website of the Government of the Republic of Serbia, while issuing statements by means making them available to all. All legal acts imposing measures and issuing recommendations aimed at preventing the occurrence and spread of, and suppressing the COVID-19 disease are available on the website of the Government of the Republic of Serbia (https:/www.srbija.gov.rs) and, inter alia, the website of the Legal Information System (http://www.pravno-informacioni-sistem.rs/fp/covid19).


12-10-2020

The Ministry of Foreign Affairs of the Republic of Serbia presents its compliments to the Secretary General of the Council of Europe in her capacity as depositary of the Convention […] and has the honor to inform that in line with Article 15 of the Convention, it advised the Secretary General in its Note No. 6510 that the state of emergency was declared pursuant to Article 200 of the Constitution of the Republic of Serbia, in order to take measures necessary to prevent the outbreak and spread, and suppress contagious COVID-19 disease. Furthermore, pursuant to Article 15 of the Convention, the Republic of Serbia would like to provide additional information as follows.
Under Article 200 para 8 of the Constitution, at its session of 29 April 2020, the National Assembly of the Republic of Serbia confirmed the Decision on the declaration of the state of emergency. The state of emergency was revoked by the Decision to abolish the state of emergency, effective as of 6 May 2020.
The Declaration of the state of emergency was preceded by the Decision of the Government of the Republic of Serbia which labeled COVID-19, caused by SARS-CoV-2 virus, a contagious disease. The Decision was issued on 10 March 2020 and remains in force having undergone a number of amendments dictated by the epidemiological situation (RS Official Gazette Nos. 23/2020, 24/2020, 27/2020,28/2020, 30/2020, 32/2020,35/2020, 37/2020, 38/2020, 39/2020,43/2020,45/2020,48/2020, 49/2020,59/2020,60/2020, 66/2020, 67/2020, 72/2020, 73/2020,75/2020, 76/2020, 84/2020,98/2020, 100/2020, 106/2020, 107/2020, 108/2020 and 116/2020). In the above Decision, COVID-19 was declared a contagious disease and “its prevention and suppression to be in the interest of the Republic of Serbia”. Furthermore, it stipulated that “in order to prevent the onset and spread of the infectious COVID-19, to suppress it and protect the population from it, measures shall be implemented as prescribed by the Law on Protection of the Population from Infectious Diseases, the Law on Health Care, the Law on Public Health and other measures required by the character of the disease in line with the epidemiological situation".
Pursuant to the Constitution and legislation in force in the Republic of Serbia measures are enforced to prevent the spread and suppress COVID-19, envisaged, inter alia, by the above Decision and the Decree of the Government of the Republic of Serbia on the measures for the prevention and suppression of contagious COVID-19 (RS Official Gazette Nos. 66/2020, 93/2020,94/2020, 100/2020, 109/2020 and 111/2020). In prescribing specific measures for the prevention of spreading and to suppress COVID-19, efforts were made that they conform with the Convention […] and limit human rights only to the extent required by the epidemiological situation and medical necessity. Necessary measures are subject to constant review taking into account the epidemiological situation, World Health Organization recommendations and experience gained to prevent the spread and suppress this contagious disease.
All decisions made by the Government and other institutions of the Republic of Serbia are published with immediate effect in the Official Gazette and put on the website of the Government of the Republic of Serbia (https://www.srbija.gov.rs/). In addition, all information is also made readily available to the public via the Legal Information System website […].
[…]

Slovakia

30-06-1993

During the ceremony of accession to the Council of Europe, the Minister of Foreign Affairs of Slovakia declared that the reservation made by the Czech and Slovak Federal Republic to Articles 5 and 6 of the Convention will remain applicable. The reservation reads as follows:
"The Czech and Slovak Federal Republic in accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No 11] makes a reservation in respect of Articles 5 and 6 to the effect that those articles shall not hinder to impose disciplinary penitentiary measures in accordance with Article 17 of the Act No. 76/1959 of Collection of Laws, on Certain Service Conditions of Soldiers."
The terms of section 17 of the Law on certain conditions of service of members of the armed forces, No. 76/1959 in the Compendium of Legislation, are as follows:
Section 17
Disciplinary Sanctions
1. Disciplinary sanctions shall comprise: a reprimand, penalties for petty offences, custodial penalties, demotion by one rank, and in the case of non-commissioned officers, reduction to the ranks.
2. Disciplinary custodial penalties shall comprise: confinement after duty, light imprisonment and house arrest.
3. The maximum duration of a disciplinary custodial penalty shall be 21 days.

Spain

04-10-1979

In pursuance of Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], Spain makes reservations in respect of the application of the following provisions:
Article 11, insofar as it may be incompatible with Articles 28 and 127 of the Spanish Constitution.
Brief statement of the relevant provisions:
Article 28 of the Constitution recognises the right to organise, but provides that legislation may restrict the exercise of this right or make it subject to exception in the case of the armed forces or other corps subject to military discipline and shall regulate the manner of its exercise in the case of civil servants.
Article 127, paragraph 1, specifies that serving judges, law officers and prosecutors may not belong to either political parties or trade unions and provides that legislation shall lay down the system and modalities as to the professional association of these groups.
Spain declares that it interprets the provisions of the last sentence in Article 10, paragraph 1, as being compatible with the present system governing the organisation of radio and television broadcasting in Spain.
The provisions of Articles 15 and 17 to the effect that they permit the adoption of the measures contemplated in Articles 55 and 116 of the Spanish Constitution.


23-05-2007

Spain, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], reserves itself the implementation of Articles 5 and 6 insofar as they could be incompatible with the Organic Law 8/1998, of 2 December, Chapters II and III of Title III and Chapters I, II, III, IV and V of Title IV of the Disciplinary Regime of the Army Forces, which came into force on 3 February 1999.


20-02-2015

The Organic Law 8/1998 of 2 december, of the Disciplinary Regime of the Army Forces has been substituted by the Organic Law 8/2014, of 4 December, of the Disciplinary Regime of the Army Forces, enacted on 4 December 2014 and which will enter into force on 5 March 2015. This Organic Law 8/2014 repeals the Organic Law 8/1998, reduces the maximum limit of the duration of the sanctions imposing deprivation of liberty for minor or serious offences, as well as the one of the preventive custody, and maintains the maximum limit of sixty days for the duration of the sanctions imposing deprivation of liberty for very serious offences, which can be imposed without judicial intervention. Regarding procedures, the new Organic Law progresses in the recognition of personal garanties and rights.
The Kingdom of Spain maintains and up-dates its reservation, which reads as follows:
“Spain, in accordance with Article 64 of the Convention [currently Article 57], reserves itself the implementation of Articles 5 and 6 insofar as they could be incompatible with the Organic Law 8/2014, of 4 December (Chapter II of Title I, Title II, Title III, Chapter I of Title IV and Additional Provisions fourth and fifth), of the Disciplinary Regime of the Army Forces, enacted on 4 December 2014 and which will enter into force on 5 March 2015.

Ukraine

11-09-1997

[...]
Ukraine fully recognises on its territory the validity of Article 6, paragraph 3.d, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 in regard to the defendant's right to obtain the attendance and examination of witnesses (Articles 263 and 303 of the Criminal Procedure Code of Ukraine) and as regards the rights of the suspect and persons charged in pre-trial proceedings to submit petitions for the attendance and examination of witnesses and the confrontation with them in accordance with Articles 43, 431 and 142 of the above-mentioned Code.
Appendix to the reservation (...)
"Article 263. The Defendant's Rights during the Trial
During the court session, the defendant shall have the right:
1. to make challenges;
11. to have the case tried by a bench of judges in the cases prescribed by law;
2. to be provided with a defence counsel or deal with his own defence;
3. to make requests (pleas) and express his views on the requests (pleas) of other persons;
4. to request the Court to add documents to the case file, summon witnesses, appoint expert commissions and call for further evidence;
5. to give evidence on the substance of the case at any stage in the trial or refuse to give evidence and answer questions;
6. to request the court to make public the evidence available in the case;
7. to put questions to other defendants, witnesses, experts, specialists, the victim, a civil plaintiff or a civil respondent;
8. to take part in the examination of material evidence, the scene of the offence and documents;
9. to take part in the Court proceedings in the absence of a defence counsel;
10. to make the final address to the Court."
"Article 303. The Questioning of a Witness
Witnesses shall be questioned individually and in the absence of other witnesses not yet questioned.
Before being questioned on the substance of the case, each witness shall be asked questions to elucidate his relations with the defendant and the victim and shall be invited to say everything he knows about the case.
After the witness has said everything he knows about the case, he shall be questioned by the public prosecutor, the prosecuting lawyer, the victim, the civil plaintiff, the civil respondent, the defence counsel, the counsel for the civil respondent, the defendant, the judge and the people's assessors.
If a witness is summoned to the Court session at the request of the public prosecutor or other participants in the trial, first the participant in the trial who requested the summoning of the witness shall be the first to question the witness. A witness summoned by the Court itself shall be questioned according to the general procedure.
Throughout the questioning of the witness by the participants in the trial, the Court shall be entitled to ask him questions with a view to clarifying and supplementing his answers.
Witnesses who have been questioned shall remain in the courtroom and may not leave it until the end of the trial without the consent of the presiding judge."
"Article 43. The accused and his rights
The term "accused" shall denote a person whom it has been decided to bring to court as an accused person according to the procedure established by the present Code. After he has been brought to court, the accused shall be referred to as a defendant.
The accused shall be entitled to know the charge against him; to give evidence about the charge or to refuse to give evidence and answer questions; to be provided with a defence counsel and see him before the first questioning; to submit evidence; to lodge pleas; to be acquainted with all the documents of the case after the completion of the preliminary investigation or inquiry; to take part in the judicial proceedings at the court of first instance; to make challenges; to lodge appeals against the actions and decisions of the person carrying out the inquiry, the investigator, the public prosecutor, the judge and the court.
The defendant shall be entitled to make the final address to the court."
"Article 431. The suspect
The following shall be considered suspects:
1. a person detained on suspicion of committing an offence;
2. a person against whom a preventive measure has been taken until it is decided to bring him to court as the accused.
The suspect shall be entitled to know of what he is suspected; to give evidence or refuse to give evidence and answer questions; to be provided with a defence counsel and see him before the first questioning; to submit evidence; to lodge pleas and make challenges; to apply for reconsideration by the public prosecutor of the legality of his detention; to make appeals against the actions and decisions of the person carrying out operational investigative activities and inquiries, the investigator and the public prosecutor.
The fact that the suspect has been informed of his rights shall be mentioned in the record of detention or the decision to apply a preventive measure."
"Article 142. Explaining to the Accused his Rights during the Investigation
When bringing a charge, the investigator shall be required to explain to the accused that during the preliminary investigation he is entitled:
1. to be informed of the charge against him;
2. to make a statement in respect of the charge or refuse to make a statement and answer questions;
3. to submit evidence;
4. to request the questioning of witnesses, cross examinations and expert examinations, call for evidence and have it added to the case file and make requests on any other matters of significance for establishing the truth in the case;
5. to challenge the investigator, public prosecutor, expert, specialist and interpreter;
6. with the investigator's consent, to be present when certain stages of the investigation are carried out;
7. to be acquainted with all the documents of the case after the completion of the preliminary investigation;
8. to be provided with a defence counsel and see him before the first questioning;
9. to lodge appeals against the actions and decisions of the investigator and the public prosecutor.
The investigator shall record that the accused's rights have been explained to him in the decision to bring a charge against him, and the accused shall confirm this by his signature."


10-07-2000

The provisions of Article 5, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 shall apply in the part that does not contradict Articles 48, 49, 50 and 51 of the Disciplinary Statute of the Armed Forces of Ukraine concerning the imposition of arrest as a disciplinary sanction.
The amendments (...) were purely formal and consisted mainly in a renumbering of certain provisions of the Interim Disciplinary Statute (Articles 50, 51, 52 and 53 became Articles 48, 49, 50 and 51).
The above-mentioned Articles (...) are now worded as follows:
The Law of Ukraine "On Disciplinary Statute of the Armed Forces of Ukraine" of 24 March 1999
Disciplinary penalties which are imposed on soldiers (sailors), sergeants (sergeants-majors)
Article 48. On soldiers (sailors) of fixed-date service can be imposed such sanctions:
a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) appointment out of turn on duty to work - till 5 duties;
f) arrest with detention in the guard-room till 10 days;
g) reducing of the senior soldier (senior sailor) to the rank.
Article 49. On soldiers (sailors) of contract service can be imposed such sanctions:
a) remark;
b) reprimand;
c) severe reprimand;
d) warning of service incompliance;
e) appointment out of turn on duty to work - till 5 duties;
f) arrest with detention in the guard-room till 10 days;
g) reducing to the senior soldier (senior sailor) rank;
h) discharge from military service by contract for non-execution of terms of contract or service incompliance.
Article 50. On sergeants (sergeants-majors) of fixed-date service can be imposed such sanctions:
a) remark;
b) reprimand;
c) severe reprimand;
d) deprivation of regular release from location of military unit or from ship on the bank;
e) arrest with detention in the guard-room till 10 days;
f) demotion;
g) demotion in military rank by one grade;
h) demotion in military rank by one grade with transfer to a lower post;
i) reducing of the sergeant (sergeant-major) to the rank.
Article 51. On sergeants (sergeants-majors) of contract service can be imposed such sanctions:
a) remark;
b) reprimand;
c) severe reprimand;
d) warning of imperfect service compliance;
e) arrest with detaining in the guard-room till 7 days;
f) demotion;
g) demotion in military rank on one grade;
h) demotion in military rank on one grade with transferring to lower post;
i) reducing to the sergeant (sergeant-major) rank;
j) discharge from military service by contract for non-execution of terms of contract or service incompliance.


30-06-2016

… has the honour to convey the following information in accordance with the obligations of the Government of Ukraine under Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 2015.
In February 2014, the Russian Federation launched armed aggression against Ukraine and illegally occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises overall effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations, the Charter of the Council of Europe, other legally binding international instruments and constitute a threat to democracy, human rights and the rule of law in Europe. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for respecting human rights in temporarily occupied territories of Ukraine under international humanitarian law as well as in accordance with international human rights law.
Ongoing armed aggression of the Russian Federation against Ukraine, together with war crimes and crimes against humanity committed both by regular Armed Forces of the Russian Federation and by the illegal armed groups guided, controlled and financed by the Russian Federation, constitutes a public emergency threatening the life of the nation in the sense of Article 15, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In order to ensure the vital interests of the society and the State, the Verkhovna Rada of Ukraine, the Cabinet of Minister of Ukraine and other authorities adopted legal acts, which constituted the derogation from certain obligations of Ukraine under the Convention for the Protection of Human Rights and Fundamental Freedoms, among them the Law of Ukraine “On Amendments to the Law of Ukraine “On Combating Terrorism” regarding the preventive detention of persons, involved in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours” of 12 August 2014, the Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine regarding the special regime of pre-trial investigation under martial law, in state of emergency or in the anti-terrorist operation area” of 12 August 2014, the Law of Ukraine “On Administering Justice and Conducting Criminal Proceedings in Connection with the Anti-terrorist Operation” of 12 August 2014 and the Law of Ukraine “On Military and Civil Administrations” of 3 February 2015.
On the above-mentioned basis, the Ukrainian Side exercised its right to derogate from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms on the territory of certain areas of Donetsk and Luhansk oblasts of Ukraine, which are under control of the Government of Ukraine, and informed the Secretary General of the Council of Europe of the measures which Ukrainian authorities had taken and the reasons therefor by the Verbal Note №31011/32-119/1-678 of 5 June 2015.
On 3 November 2015 by the Verbal Note №31011/32-119/1-1124 the Ukrainian Side specified areas of the Donetsk and Luhansk oblasts of Ukraine, covered by the derogation submitted by the Government of Ukraine on the basis of the Resolution of the Verkhovna Rada of Ukraine N462-VIII of 21 May 2015.
One year after adopting the Resolution of the Verkhovna Rada of Ukraine “On Derogation from Certain Obligations under the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms” №462-VIII of 21 May 2015, Ukrainian authorities reviewed the security situation in certain areas of Donetsk and Luhansk oblasts of Ukraine which fall within the scope of derogation. According to the security, defence and law enforcement agencies of Ukraine, it remains tense and fragile. In defiance of the Minsk agreements, the illegal armed groups and Russian Armed Forces place firing positions in residential neighborhoods of the occupied settlements and, using heavy weapons prohibited by the Minsk agreements, continue to shell the positions of the Ukrainian Armed Forces.
The official statistics show that as of 30 May 2016, at least 6,380 attacks from Russian-backed militants against Ukraine’s Armed Forces have been reported starting this year. 42 Ukrainian soldiers have been killed and 350 have been wounded. The facts of disregard by the Russian occupation forces of the Minsk agreements in terms of the withdrawal of heavy weapons are constantly recorded. From the beginning of 2016, 699 cases of the presence of tanks, artillery systems of over 100 mm calibre, MLRS’s and mortars near the contact line have been confirmed.
In June 2016, security situation in Donbas started to deteriorate rapidly. Russia-led terrorist forces continued to blatantly violate ceasefire and heavy weapons withdrawal commitments under the Minsk agreements. They widely used heavy weapons, mostly mortars and high calibre artillery. As a result, 7 Ukrainian soldiers were killed and 18 were wounded between 16 and 21 June. On 22 June 2016, 1 Ukrainian soldier was killed and 11 were wounded; over 300 mortar shells and more than 160 projectiles were fired at Ukrainian positions. Current shelling intensity is similar to an active fighting phase of August 2015.
On 22 June 2016, OSCE SMM monitors were shelled with mortars by pro-Russian militants in the Donetsk region. The fire came from 82mm calibre mortars, which had to be withdrawn under the Minsk Agreements.
The uncontrolled border remains a critical impediment to the de-escalation as Russia continues sending its weaponry, regular troops and mercenaries to Donbas. On 27 May - 3 June 2016, Russia supplied through the uncontrolled sections of the Ukrainian state border to Donbas nearly 2500 tons of fuel, more than 160 tons of ammunition, 9 MLRS “Grad”, 2 self-propelled artillery systems “Akatsiya”, 36 “T-72” tanks and 6 armoured vehicles. On 22 June 2016, 2 self-propelled howitzers, 6 infantry fighting vehicle, 6 howitzers and 10 trucks were brought to the town of Chervonopartyzansk in the Luhansk region from the Russian territory.
The fact that the situation in the East of Ukraine remains tense and volatile is confirmed by many reports of international organisations, operating in the conflict-affected area, and in the first place by the United Nations Human Rights Monitoring Mission in Ukraine. According to the Fourteenth report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine, based on the work of HRMMU, from mid-April 2014 to 15 May 2016, OHCHR recorded 30 903 casualties in the conflict area in eastern Ukraine, among Ukrainian armed forces, civilians and members of the armed groups. This includes 9 371 people killed and 21 532 injured (para. 3).
The Ukrainian Side, having established that the circumstances which led to submitting the derogation still prevail, has found it necessary to continue to exercise in relation to the situation in certain areas of Donetsk and Luhansk oblasts of Ukraine, which are under control of the Government of Ukraine, the powers described in above-mentioned legislative acts. To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the Ukrainian Side has availed itself of the right of derogation conferred by Article 15, paragraph 1, of the Convention and will continue to do so until further notice.
In pursuance of Article 15, paragraph 3, of the Convention the Permanent Representation of Ukraine to the Council of Europe has the honour to transmit the reviewed list of localities in Donetsk and Luhansk oblasts under control/partially controlled by the Government of Ukraine as of June, 14, 2016.
At the same time, the Permanent Representation of Ukraine to the Council of Europe emphasises once again the need to adopt a very careful approach for the establishment of facts as to whether the areas of Donetsk and Luhansk oblasts of Ukraine, which as specified in this Note Verbale, are partially controlled by the Government of Ukraine, are under effective overall control and jurisdiction of either Ukraine or Russian Federation as an Aggressor State. The European Court of Human Rights will have to take into account the particular circumstances of each case at a given moment in time.
-----
for the list of localities:
see Notification JJ8172C TR./005-190 of 01-07-2016 on website of the depositary


03-12-2019

I. Communication in accordance with the obligations of the Government of Ukraine under Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms
1. Considering that the Russian Federation is committing a crime of aggression against Ukraine and is temporarily occupying a part of its territory by the armed formations of the Russian Federation, which consist of regular units subordinated to the Ministry of Defence of the Russian Federation, units and special formations subordinated to other security agencies of the Russian Federation, their advisors, instructors, and irregular illegal armed formations, armed gangs and groups of mercenaries, created, subordinated, commanded and financed by the Russian Federation, as well as with the help of the occupation administration of the Russian Federation consisting of its state organs and structures, functionally responsible for governing of the temporarily occupied territories of Ukraine, and self-proclaimed bodies controlled by the Russian Federation that usurped executive functions in the temporarily occupied territories of Ukraine, on January 18, 2018, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On the peculiarities of State policy on ensuring state sovereignty of Ukraine over temporarily occupied territories in Donetsk and Luhansk regions” (hereinafter - the Law № 2268), which aims to determine peculiarities of state policy for ensuring state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions.
The Law № 2268 came into force on February 24, 2018 and defines peculiarities of a state policy for ensuring the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions in conditions of the ongoing crime of aggression and temporary occupation of a part of the territory of Ukraine.
To secure the state sovereignty of Ukraine in the temporarily occupied territories of Donetsk and Luhansk regions, state bodies and their officials, acting on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and laws of Ukraine, take measures to ensure national security and defence, repelling and containing of the armed aggression of the Russian Federation (Article 5.3 of the Law № 2268).
Measures to ensure national security and defence, repelling and containing of the armed aggression of the Russian Federation in Donetsk and Luhansk regions include measures to restore the territorial integrity of Ukraine, which are performed by security and defence bodies, other state bodies of Ukraine, their officials (article 7.1 of the Law № 2268).
The initiating and finalizing of measures to ensure national security and defence, repelling and containing the armed aggression of the Russian Federation in Donetsk and Luhansk regions are determined by separate decisions of the Supreme Commander-in-Chief of the Armed Forces of Ukraine (Article 8.3 of the Law № 2268).
The President of Ukraine as Supreme Commander-in-Chief of the Armed Forces of Ukraine, by his Decree № 116 dated April 30, 2018, in accordance with Article 8.3 of the Law № 2268, put into force the Decision of the National Security and Defence Council of Ukraine (hereinafter
– NSDC) on initiation of national security and defence measures, repelling and containing the armed aggression of the Russian Federation in Donetsk and Luhansk regions (hereinafter – Joint Forces Operation (JFO)).
According to Article 18 of the Law of Ukraine “On Combating Terrorism” and the Decree of the President of Ukraine № 166 dated of April 30, 2018, a decision to terminate an anti-terrorist operation in connection with the launch of the JFO was taken.
Thus, on April 30, 2018, the anti-terrorist operation was terminated and were launched measures to ensure national security and defence, repelling and containing the armed aggression of the Russian Federation in Donetsk and Luhansk regions (the JFO).
2. According to Article 5 of the Law of Ukraine “On civil-military administrations” (as amended by the Law № 2268), civil-military administrations in the area of conducting of the JFO, with consent of the Commander of the Joint Forces, have the right: to set limitations on presence on the streets and other public places without documents at certain times of day ; temporarily restrict or prohibit the movement of vehicles and pedestrians on the streets, roads and sections of the territory; to arrange verification of identity documents of individuals, and, if necessary, the inspection of belongings, vehicles, luggage and cargo, offices and housing of citizens, except restrictions established by the Constitution of Ukraine.
In security zones adjacent to the combat areas, a special procedure is in place, which provides security and defence bodies and other state bodies of Ukraine with the special powers necessary for carrying out this operation (Article 8.2 of the Law № 2268).
In order to ensure vital interests of the society and the state in the period of repelling of the armed aggression in the security zones adjacent to the combat areas, military personnel, law enforcement agents and persons defined by Article 8 of the Law № 2268, who are involved in implementation of the JFO measures, in accordance with the Constitution and legislation of Ukraine have the right: 1) to apply, in case of absolute necessity, weapons and special means to persons who have committed or are committing offences or other actions that impede the fulfilment of legitimate demands of persons involved in implementation of the JFO measures, or actions related to unauthorised attempt to enter the area of implementation of the mentioned measures; 2) to detain and deliver persons mentioned in paragraph 1 of this part to the National Police of Ukraine; 3) to check identity documents of citizens and officials, and in the absence of documents, to detain them for identification; 4) to carry out a personal inspection of citizens, an inspection of things in their possession, vehicles and things that are transported by them; 5) temporarily restrict or prohibit the movement of vehicles and pedestrians on streets and roads, not to allow vehicles, citizens to certain sections of the territory and objects, to move out citizens from certain sections of the territory and objects, to tow vehicles; 6) to enter (gain access) to residential and other premises, land plots belonging to citizens, sites and premises of enterprises, institutions and organizations, to check vehicles for the purposes of the JFO conduct; 7) to use for official purposes communication means and means of transport, including special, belonging to citizens (with their consent), enterprises, institutions and organizations, except vehicles of diplomatic, consular and other representations of foreign states and international organizations.
The stay of persons not involved in carrying out such measures in the area of the JFO conduct may be temporarily limited by the Joint Forces Commander for the period of carrying out such measures (Article 12.4 of the Law № 2268).
Implementation of these measures may imply a derogation from Ukraine's obligations under Articles 9, 12, 17 of the International Covenant on Civil and Political Rights, Articles 5, 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 2 of the Protocol № 4 thereto and necessitates the continuation of such a derogation.
3. According to Article 2.8 of the Law № 2268, procedure for territorial jurisdiction of cases, falling within the jurisdiction of courts located in the temporarily occupied territories in Donetsk and Luhansk regions, for the time of the JFO, is established under the Law of Ukraine № 1632- VII dated August 12, 2014 “On the administration of justice and criminal proceedings in connection with the conduct of an anti-terrorist operation”(hereinafter – the Law № 1632).
As set out in the above Article 2.8 of the Law № 2268, the Law № 1632 defines legal regulation measures in the area of the JFO conduct and aims at ensuring access of citizens and legal entities to justice.
According to Article 1 of the Law № 1632, due to impossibility of administering justice by certain courts in the area of the JFO conduct, the territorial jurisdiction of court cases in the area of the JFO conduct, is changed, and civil cases, administrative offenses, administrative cases, commercial and criminal proceedings are taken by local and appeal courts as determined by the President of the Supreme Court.
Issues related to the competence of the investigating judge in criminal proceedings at the stage of pre-trial investigation and carried out in the area of the JFO conduct, in the case of impossibility of administering justice, are examined by investigative judges of local general jurisdiction courts as determined by the President of the Supreme Court (Article 1.2 of the Law № 1632).
The issue of access to justice in the territories not controlled by Ukraine, was considered by the European Court of Human Rights (ECHR) in cases of Khlebik v. Ukraine and Tsezar and Others v. Ukraine, in which the ECHR stated that the applicants' inability to go to court at their places of residence did not violate the merits of the right of access to a court, and held that there was no violation of Article 6 of the Convention.
In paragraph 52 of the judgment in the case of Tsezar and Others v. Ukraine (Applications nos. 73590/14, 73593/14, 73820/14, 4635/15, 5200/15, 5206/15 and 7289/15 dated
13/02/2018), the ECHR acknowledged that the State authorities might sometimes experience certain difficulties in ensuring the proper functioning of the judicial system in certain regions in view of ongoing hostilities in those regions. Nevertheless, in the Court stated that, the State authorities are expected to take certain steps to resolve the problem by, for instance, specifically authorizing claims to be filed in courts in another region of the State.
Thereby, the ECHR does not consider the above measures as violation by Ukraine of its obligations under Article 6 of the Convention.
In view of the above, there is no need to continue derogation from obligations of Ukraine under Article 14 of the Covenant and Article 6 of the Convention.
4. The Law of Ukraine “On Amendments to the Law of Ukraine “On Combating Terrorism” regarding the preventive detention of persons, engaged in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours” allows preventive detention of individuals who are engaged in terrorist activities for more than 72 hours, but not more than 30 days, with consent of the prosecutor’s office and without a court’s order. This Law is applied in the area of the anti-terrorist operation. Its applicability has not been expanded for the Joint Forces Operation.
Therefore, measures regarding preventive detention of individuals, enacted by the Law of Ukraine “On Amendments to the Law of Ukraine “On Combating Terrorism” regarding the preventive detention of persons, engaged in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours” in the conditions of the JFO and from the date of JFO enactment – 30 April 2018 – are not applicable.
The Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine regarding the special regime of pre-trial investigation under martial law, in state of emergency or in the anti-terrorist operation area” for a period of an anti-terrorist operation introduces a special regime of pre-trial investigation, according to which authority of investigating judges defined by the Criminal Procedure Code of Ukraine are temporarily transferred to respective prosecutors, who have obtained additional procedural rights. This Law is applied in the area of the anti- terrorist operation. Its application has not been expanded for the Joint Forces Operation.
Therefore, measures regarding special regime of pre-trial investigation, enacted by the Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine regarding the special regime of pre-trial investigation under martial law, in state of emergency or in the anti-terrorist operation area” in the conditions of the Joint Forces Operation and from the date of JFO enactment - 30 April 2018 - are not applicable.

II. Regarding the territory, to which the derogation applies
Special order of guarantying rights and freedoms of civilians applies:
- in the security zone, adjacent to the combat area and provides granting authorities of security and defense bodies, other state bodies of Ukraine special powers necessary for the implementation of measures, aimed at ensuring national security and defense, repelling and containing the armed aggression of the Russian Federation (first paragraph of Article 8.2 of the Law № 2268).
Boundaries of security zones, adjacent to the combat area, are determined by the Chief of General Staff - Commander-in-Chief of the Armed Forces of Ukraine, upon a submission of the Commander of Joint Forces (second paragraph Article 8.2 of the Law № 2268).
Boundaries of security zones, adjacent to the combat area, are determined as follows: Vynohradne, Kurakhove, Ocheretyne, Rozivka, Vovcheyarivka, Bila Hora, Novoaidar, Sadky, Makarivka, Prostyane, along the state border, Chernyavka, along the administrative border of Luhansk and Kharkiv regions, Olhivka, along the administrative border of Donetsk and Kharkiv regions, Znamenivka, along the administrative border of Donetsk and Dnipropetrovsk regions, Komyshuvakha, along the administrative border of Donetsk and Zaporizhia regions, Urzuf, along the seacoast, Prymorske;
- in the area of implementation of measures to ensure national security and defense, repelling and containing the armed aggression of the Russian Federation in Donetsk and Luhansk regions, which is as follows: village Shyrokine, along the contact line, village Parkhomenko, along the state border of Ukraine, village Novoznamianka, along the administrative border of Luhansk and Donetsk regions, village Urzuf.
If armed aggression by the Russian Federation is expanded outside the territory of the Autonomous Republic of Crimea and the city Sevastopol, Donetsk and Luhansk regions, special forces and means are involved and used in order to repel and contain the aggression in any time at any part of Ukraine’s territory, mentioned in Article 8 of this Law, and under procedure established by Article 9 (Article 10 of the Law № 2268).

III. Regarding temporarily occupied territories of Ukraine in Donetsk and Luhansk regions
On the day of adoption of the Law № 2268 as temporarily occupied territories in Donetsk and Luhansk regions are recognised the parts of the territory of Ukraine within which the armed groups of the Russian Federation and occupation administration of the Russian Federation established and are exercising overall control: land territory and its internal waters within certain districts, cities, towns and villages of Donetsk and Luhansk regions; marine internal waters adjacent to the land; subsoil beneath these territories and the airspace above these territories (part 1 of Article 1 of the Law № 2268).
The boundaries and the list of districts, cities, towns and villages, parts of their territories temporarily occupied in Donetsk and Luhansk regions are determined by the President of Ukraine upon the submission of the Ministry of Defence of Ukraine, prepared on the basis on the proposals of the General Staff of the Armed Forces of Ukraine (part two of Article 1 of the Law № 2268).
The boundaries and the list of districts, cities, towns and villages, parts of their territories temporarily occupied in Donetsk and Luhansk Regions are determined by the Decree of the President of Ukraine № 32 dated February 7, 2019 “On the boundaries and the list of districts, cities, towns and villages, parts of their territories temporarily occupied in Donetsk and Luhansk regions”.
The special order of guarantying rights and freedoms of civilians is enacted within the temporarily occupied territories in Donetsk and Luhansk Regions, which is determined by this Law, other laws of Ukraine, international agreements, to which the Verkhovna Rada of Ukraine gave consent to bound by, principles and norms of international law (part five of article 2 Law
№ 2268).

IV. Regarding the security situation in the area of the Joint Forces Operation (as of 16.09.2019)
1. Despite the decision of the Trilateral Contact Group to establish a comprehensive, sustainable and permanent ceasefire regime from 00:01 on 21.07.2019, the number of shelling during August-September 2019 points to an upward trend and reveals as well a decrease of the control by the command by the Russian occupation forces in regards to compliance with this regime.
2. Currently, an average number of shelling is at 16 per day (in August 2019 – 10 shelling per day). In September 2019, positions of the JFO were shelled by the armed forces of the RF 70 times by heavy weaponry with 479 artillery/mortar shells (in August 2019 - 25 times by heavy weaponry with 194 artillery/mortar shells). There were also 4 cases of sniper fire causing the death of 2 military personnel and 3 injured (in August - 5 cases of sniper fire causing the death of 2 military personnel and 3 injured).
In total, during August-September 2019 16 military personnel were killed and 47 were injured.
3. In September 2019, armed forces of the Russian Federation shelled twice residential areas (in August – 4 times, which resulted in the injuries of 1 civilian, 2 residential buildings were damaged).
4. The total number of the occupational forces constitutes more than 30 thousand personnel.
2.1 thousand instructors of the Armed Forces of the Russian Federation conduct training of specialists for military intelligence and radio-electronic warfare, as well as for participation in combat operations in the temporarily occupied territories of Donetsk and Luhansk regions. Fuel and lubricants along with ammunition are continuously supplied from the territory of the Russian Federation to support the Russian occupation forces. The Russian Federation continues to increase its military potential and intensified holding of military exercises of an offensive nature of various branches of its military forces near the borders of Ukraine.
The Russian Federation deploys along the state border of Ukraine 28 battalion tactical groups over 22 thousand strong, in particular at the military training grounds in Rostov region 12 battalion tactical groups 8A (numbering 7.5 thousand personnel) are stationed with a readiness level of less than 24 hours; at Smolensk, Orlovsko-Voronezh and Crimean directions 16 more battalion tactical groups of the Armed Forces of the Russian Federation are deployed numbering around 14.5 thousand personnel.
5. In order to hide the movement of tanks and artillery, armed forces of the Russian Federation systematically use modern systems of radio-electronic warfare, which render impossible operation of unmanned aerial vehicles of the OSCE Special Monitoring Mission, in particular, 2 times in September 2019.

United Kingdom

22-11-2010

[Notes by the Secretariat:
The current situation of territories for whose international relations the United Kingdom is responsible and for which it has accepted the competence of the European Court of Human Rights is the following:
1. Application of the Convention:
Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, the Bailiwick of Guernsey, Isle of Man, the Bailiwick of Jersey, Montserrat, St Helena, Ascension and Tristan da Cunha, South Georgia and South Sandwich Islands, Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, Turks and Caicos Islands.
2. Recognition of the right of individual petition before the European Court of Human Rights:
Territorial extension accepted on a permanent basis as from 14 January 2001: Bailiwick of Jersey.
Territorial extension accepted on a permanent basis as from 1 June 2003: Isle of Man.
Territorial extension accepted on a permanent basis as from 1 May 2004 : Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus.
Territorial extension accepted on a permanent basis as from 14 January 2006: Falkland Islands, Gibraltar, South Georgia and South Sandwich Islands.
Territorial extension accepted on a permanent basis as from 23 February 2006: Bailiwick of Guernsey, Cayman Islands.
Territorial extension accepted on a permanent basis as from 28 September 2009: British Virgin Islands.
Territorial extension accepted on a permanent basis as from 14 October 2009: Turks and Caicos Islands.
Territorial extension accepted on a permanent basis as from 22 November 2010: Anguilla, Bermuda, Montserrat, St Helena, Ascension and Tristan da Cunha.]

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