Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Albanië | Ja | Nee |
Andorra | Ja | Nee |
Armenië | Ja | Nee |
Azerbeidzjan | Ja | Nee |
Estland | Ja | Nee |
Finland | Ja | Nee |
Frankrijk | Ja | Nee |
Georgië | Ja | Nee |
Ierland | Ja | Nee |
Kroatië | Ja | Nee |
Letland | Ja | Nee |
Liechtenstein | Ja | Nee |
Malta | Ja | Nee |
Moldavië | Ja | Nee |
Monaco | Ja | Nee |
Montenegro | Ja | Nee |
Noord-Macedonië | Ja | Nee |
Oekraïne | Ja | Nee |
Oostenrijk | Ja | Nee |
Portugal | Ja | Nee |
Roemenië | Ja | Nee |
Russische Federatie | Ja | Nee |
San Marino | Ja | Nee |
Servië | Ja | Nee |
Slowakije | Ja | Nee |
Spanje | Ja | Nee |
Tsjechië | Ja | Nee |
Turkije | Ja | Nee |
Verenigd Koninkrijk | Ja | Nee |
Albanië
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.
Armenië
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.
[…]
14-04-2021
The Permanent Representation of the Republic of Armenia […] has the honour to inform
that on March 24, 2021 the National Assembly of the Republic of Armenia lifted the
martial law, enacted on September 27, 2020 in reaction to the military aggression
unleashed by the Republic of Azerbaijan along the entire line of contact with the
Republic of Artsakh (Nagorno-Karabakh Republic), which also subjected the territory
of the Republic of Armenia to armed attacks, and imminent threat to its sovereignty,
security and territorial integrity.
Pursuant to Article 15, paragraph 3 of the Convention […], the Permanent Representation
informs that the Government of Armenia subsequently withdraws its derogations under
the Articles of the Convention and its Protocols.
[…]
Azerbeidzjan
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.
[…]
Estland
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.
Frankrijk
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].
Georgië
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.]
01-01-2021
The Permanent Representation of Georgia to the Council of Europe […] pursuant to Article
15 of the European Convention on Human Rights wishes to inform that the emergency
legislation already notified by previous Note N24/18596 of 15 July 2020 has been extended
until 1 July 2021. In particular, since the global and the local threat of COVID-19
still remains significant, on 29 December 2020, the Parliament of Georgia adopted
and the President of Georgia approved the prolongation of the special emergency legislation
until 1 July 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 July 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.
The Permanent Representation of Georgia […] attaches to this Note the unofficial translations
of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code
of Georgia dated 29 December 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 JJ9158C Tr./005-273.]
30-06-2021
The Permanent Representation of Georgia […] pursuant to Article 15 of the European
Convention on Human Rights wishes to inform that the emergency legislation already
notified by previous Note N24/18596, dated 15 July 2020, and the subsequent Note N24/1,
dated 1 January 2021, has been extended until 1 January 2022.
In particular, since the global and the local threat of COVID-19 still remains significant,
on 22 June 2021, the Parliament of Georgia adopted and the President of Georgia approved
the prolongation of the special emergency legislation until 1 January 2022.
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 2022. 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.
The Permanent Representation of Georgia […] attaches to this Note the unofficial translations
of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code
of Georgia dated 22 June 2021.
The Permanent Representation of Georgia […] shall inform the Secretary General of
the Council of Europe when these measures cease to operate.
[The links to the unofficial translation of the annexes (English only) are available
on the Council of Europe website, document JJ9254C Tr./005-280.]
31-12-2021
The Permanent Representation of Georgia […] pursuant to Article 15 of the European
Convention on Human Rights wishes to inform that the emergency legislation already
notified by previous Note N24/18596, dated 15 July 2020, and subsequent Notes N24/1,
dated 1 January 2021, and N24/17898 dated 30 June 2021 have been extended until 1
January 2023.
In particular, since the global and the local threat of COVID-19 still remains significant,
on 22 December 2021, the Parliament of Georgia adopted and the President of Georgia
approved the prolongation of the special emergency legislation until 1 January 2023.
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 2023. 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.
The Permanent Representation of Georgia […] attaches to this Note the unofficial translations
of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code
of Georgia dated 22 December 2021.
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 JJ9303C Tr./005-285.]
31-12-2022
The Permanent Representation of Georgia […] pursuant to Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms wishes to inform that
the emergency legislation notified by the previous Note N24/18596, dated 15 July 2020,
and subsequent Notes N24/1, dated 1 January 2021; N24/17898, dated 30 June 2021 and
N24/36213, dated 31 December 2021, shall cease to operate on 1 January 2023 and shall
not be further extended.
As of the above indicated date the obligations under Articles 5, 6, 8 and 11 of the
Convention, Articles 1 and 2 of Protocol No. 1 to the Convention and Article 2 of
Protocol No. 4 to the Convention shall again be fully executed.
[…]
Ierland
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.
Kroatië
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."
Letland
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.
[…]
31-12-2020
The Permanent Representation of Latvia […], pursuant to Article 15 of the Convention
[…], informs that the Republic of Latvia exercises the right of derogation from certain
of its obligations under the European Convention […] in the entire territory of Latvia.
The Permanent Representation of Latvia […] informs that the Government of the Republic
of Latvia on 6 November 2020 declared the emergency situation in the entire territory
of the Republic of Latvia commencing on 9 November 2020, and that the emergency situation
is currently extended until 7 February 2021. In the light of the continuous threat
the COVID-19 pandemic poses to public health in Latvia and after a diligent and careful
analysis of the necessary steps to combat the spread of the virus in the most efficient
manner and to decrease the number of persons falling ill due to the spread of the
virus, the Government of the Republic of Latvia decided to prohibit as of 30 December
2020 all public events and gatherings. The measure chosen by the Government of the
Republic of Latvia restricts the right to freedom of assembly, consequently necessitating
a derogation from Article 11 of the Convention. The restrictions on the exercise of
the right to freedom of assembly are listed in the order no.655 of the Cabinet of
Ministers of 6 November 2020 “On the Declaration of Emergency Situation”.
Pursuant to Article 15, paragraph 3, of the Convention […], 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.
[…]
08-02-2021
The Permanent Representation of Latvia […] pursuant to Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms, informs that the Government
of the Republic of Latvia has prolonged the emergency situation in the entire territory
of the Republic of Latvia until 6 April 2021.
The Permanent Representation of Latvia to the Council of Europe recalls that on 30
December 2020, it informed the Secretary General of the Council of Europe that on
6 November 2020, the Government of the Republic of Latvia declared the emergency situation
in the entire territory of the Republic of Latvia, which necessitated a derogation
from Article 11 of the Convention. In the light of the continuous threat the COVID-19
poses to public health, on 5 February 2021, the Government of the Republic of Latvia
prolonged the state of emergency in the entire territory of the Republic of Latvia
until 6 April 2021. During this period, the measures imposed by the order no.655 of
the Cabinet of Ministers of 6 November 2020 “On the Declaration of Emergency Situation”
and consequent derogations, as transmitted to the Secretary General on 30 December
2020, continue to apply to the same extent unless communicated otherwise.
Pursuant to Article 15, paragraph 3, of the Convention […], 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.
07-04-2021
The Permanent Representation of Latvia […] pursuant to Article 15 of the Convention
[…] informs that the emergency situation that was declared on 6 November 2020 and
necessitated a derogation from Article 11 of the Convention, ceased to exist. Consequently,
pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws its
derogation from Article 11 of the Convention.
The Permanent Representation of Latvia […] recalls that on 30 December 2020, it informed
the Secretary General of the Council of Europe that on 6 November 2020, the Government
of the Republic of Latvia declared the emergency situation in the entire territory
of the Republic of Latvia, which necessitated a derogation from Article 11 of the
Convention. In the light of the continuous threat the Covid-19 poses to public health,
on 5 February 2021, the Government of the Republic of Latvia prolonged the emergency
situation in the entire territory of the Republic of Latvia until 6 April 2021. Considering
that the Government has decided not to extend the emergency situation in Latvia, the
measures imposed by order no. 655 of the Cabinet of Ministers of 6 November 2020 “On
the Declaration of Emergency Situation”, which necessitated a derogation from Article
11 of the Convention, cease to operate on 6 April 2021. Accordingly, the Government
withdraws its derogation from Article 11 of the Convention, and the provisions of
the Convention are implemented in full.
[…]
21-10-2021
The Permanent Representation of Latvia […] , pursuant to Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms, informs that the Republic
of Latvia exercises its right to derogate from certain of its obligations under the
Convention […] in the entire territory of Latvia.
The Permanent Representation of Latvia […] informs that in the light of the increased
peril to the public health that the new strain of the COVID-19 virus has brought,
following the Order of the Cabinet of Ministers of 9 October 2021 no. 720 “On the
Declaration of Emergency Situation” as of 11 October 2021 an emergency situation has
been declared in the entire territory of the Republic of Latvia. This emergency situation
is extended until 11 January 2022.
In the light of this continuous threat that the COVID-19 pandemic poses and after
a diligent and careful analysis of the necessary steps to combat the rapid spread
of the new strain of the virus, to prevent an overload of the healthcare system, and
to reduce avoidable mortality, whilst ensuring that essential State functions and
services can continue to operate, the Government of the Republic of Latvia has adopted
measures restricting certain rights and freedoms provided by the Convention. In particular,
the Government of the Republic of Latvia has decided to prohibit as of 21 October
2021 all public events and gatherings, consequently necessitating a derogation from
Article 11 of the Convention. The restrictions on the exercise of this right are prescribed
in the Cabinet of Ministers’ Order no. 720 of 9 October 2021 “On the Declaration of
Emergency Situation”.
Pursuant to Article 15, paragraph 3, of the Convention […], the Permanent Representation
of Latvia […] will inform the Secretary General of the Council of Europe about any
future developments with regard to the emergency situation and notify her when the
above emergency measures have ceased to operate and the provisions of the Convention
[…] are fully implemented again.
[…]
15-11-2021
The Permanent Representation of Latvia to the Council of Europe […] pursuant to Article
15 of the Convention […] informs of the following. After a careful assessment of the
measures adopted on 20 October 2021 to restrict all public events and gatherings that
were put in place to prevent further spread of the COVID-19 virus and their further
necessity, the Government has decided to ease them. Consequently, pursuant to Article
15, paragraph 3, of the Convention, the Government withdraws its derogation from Article
11 of the Convention.
The Permanent Representation of Latvia to the Council of Europe recalls that on 21
October 2021, it informed the Secretary General of the Council of Europe that on 9
October 2021, the Government of the Republic of Latvia declared the emergency situation
in the entire territory of the Republic of Latvia. Whereas, as of 21 October 2021,
in order to prevent an overload of the healthcare system, and to reduce avoidable
mortality, whilst ensuring that essential State functions and services can continue
to operate, the Government adopted measures restricting all public events and gatherings,
which, in turn, necessitated a derogation from Article 11 of the Convention. Considering
that the Government has decided to ease the restrictions imposed by the Order no.
720 of the Cabinet of Ministers of 9 October 2021 “On the Declaration of Emergency
Situation” with respect to freedom of assembly, the Government informs the Secretary
General of the Council of Europe that it withdraws its derogation from Article 11
of the Convention.
[…]
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."
Moldavië
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.
[…]
06-04-2021
The Permanent Representation of the Republic of Moldova […] pursuant to article 15
of the European Convention […] wishes to notify that on the 31 March 2021 the Parliament
of the Republic of Moldova introduced a state of emergency for 60 days, from 1 April
to 30 May 2021, on the entire territory of the Republic of Moldova. The Decision of
the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions to fundamental human
rights and freedoms 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 public meetings and gatherings and other mass events.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to article 15 of the European Convention […] 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.
Taking into consideration the grave pandemic situation in the Republic of Moldova,
the afore- mentioned measures are essential and critical in combating the spread of
the COVID-19 and to protect the life and security of the nation.
Pursuant to article 15 (3) of the European Convention […], the Permanent Representation
will inform the Secretary General of the Council of Europe about the future developments
regarding the state of emergency as well as when the above-mentioned measures and
derogations have ceased to apply, and the provisions of the Convention are being fully
implemented again on the territory of the Republic of Moldova.
[…]
[Link to the unofficial English translation of the amendments to the Decision of the
Parliament of the Republic of Moldova is available on the Council of Europe website,
document JJ9209C Tr./005-275.]
29-04-2021
The Permanent Representation of the Republic of Moldova […] with reference to the
Note Verbale No. FRA-CoE/352/124 of 2 April 2021 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 […], has the honour
to inform that, following the Decision No. 15 of 28 April 2021 of the Constitutional
Court of the Republic of Moldova , the state of emergency in the Republic of Moldova
ceased on 28 April 2021, thus bringing to an end the derogations of the Republic of
Moldova 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 Protocol No. 4.
The Permanent Representation of the Republic of Moldova kindly asks that this communication
be considered as a notification on the termination of the above-mentioned derogations,
in accordance with Article 15 (3) of the Convention.
[…]
04-11-2021
The Permanent Representation of the Republic of Moldova […] pursuant to article 15
of the European Convention […] wishes to notify that on the 22 October 2021 the Parliament
of the Republic of Moldova introduced a state of emergency, from 22 October to 20
November 2021, on the entire territory of the Republic of Moldova. […]
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, the rationalization of natural gas consumption throughout the country;
coordinating the work of the media, in particular on the introduction of special rules
for the use of telecommunications; establishing rapid instruments for collecting payments
from consumers for used natural gas. In the same context, the provisions of the Commission
for Exceptional Situations of the Republic of Moldova are obligatory and executory.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to article 15 of the European Convention […] from the
application of certain provisions of the Convention and its Protocols, including the
article 10 of the Convention.
Taking into consideration the grave energy crisis in the Republic of Moldova, the
afore-mentioned measures are essential and critical in protecting the national security
of the country.
Pursuant to Article 15(3) of the European Convention […], the Permanent Representation
will inform the Secretary General of the Council of Europe about the future developments
regarding the state of emergency as well as when the above-mentioned measures and
derogations have ceased to apply, and the provisions of the Convention are being fully
implemented again on the territory of the Republic of Moldova.
[…]
[Link to the decision of the Parliament of the Republic of Moldova is available on
the Council of Europe website, document JJ9289C Tr./005-282]
06-12-2021
The Permanent Representation of the Republic of Moldova […] with reference to the
Note Verbale No. FRA-CoE/352/536 of 3 November 2021 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 […], has the honour
to inform that the state of emergency in the Republic of Moldova ceased on 20 November
2021, thus bringing to an end the derogations of the Republic of Moldova from the
application of certain provisions of the Convention, in particular, Article 10 of
the Convention.
The Permanent Representation of the Republic of Moldova kindly asks that this communication
be considered as a notification on the termination of the above-mentioned derogation,
in accordance with Article 15 (3) of the Convention.
[…]
25-02-2022
The Permanent Representation of the Republic of Moldova […] wishes to notify that
on the 20 January 2022 the Parliament of the Republic of Moldova introduced a state
of emergency, from 20 January to 20 March 2022, on the entire territory of the Republic
of Moldova. The Decision of the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, the rationalization of natural gas consumption throughout the country;
coordinating the work of the media, in particular on the introduction of special rules
for the use of telecommunications; establishing rapid instruments for collecting payments
from consumers for used natural gas. In the same context, the provisions of the Commission
for Exceptional Situations of the Republic of Moldova are obligatory and executory.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to article 15 of the European Convention […] from the
application of certain provisions of the Convention and its Protocols, including the
article 10 of the Convention.
Taking into consideration the grave energy crisis in the Republic of Moldova, the
afore-mentioned measures are essential and critical in protecting the national security
of the country.
Pursuant to Article 15(3) of the European Convention […], the Permanent Representation
will inform the Secretary General of the Council of Europe about the future developments
regarding the state of emergency as well as when the above-mentioned measures and
derogations have ceased to apply, and the provisions of the Convention are being fully
implemented again on the territory of the Republic of Moldova.
[…]
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9324C Tr./005-286]
04-03-2022
The Permanent Representation of the Republic of Moldova […], pursuant to article 15
of the European Convention […] wishes to notify that on the 24 February 2022 the Parliament
of the Republic of Moldova introduced a state of emergency, siege and war, from 24
February to 24 April 2022, on the entire territory of the Republic of Moldova, considering
the situation related to the regional security and the menace to the national security.
The Decision of the Parliament is attached to this Note.
The Parliament Decision No. 1/2022 on the declaration of the state of emergency is
abrogated (Note Verbale No. FRA-CoE/352/ 81 of 25 February 2022).
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to article 15 of the European Convention […] from the
application of certain provisions of the Convention and its Protocols.
In the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, as a result of the beginning
of massive military actions on the territory of Ukraine on 24 February 2022, the afore-mentioned
measures are essential and critical in protecting the national security of the country.
Pursuant to article 15 (3) of the European Convention […], the Permanent Representation
will inform the Secretary General of the Council of Europe about the future developments
regarding the state of emergency as well as when the above-mentioned measures and
derogations have ceased to apply, and the provisions of the Convention are being fully
implemented again on the territory of the Republic of Moldova.
[…]
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9326C Tr./005-288.]
28-04-2022
The Permanent Representation of the Republic of Moldova […], pursuant to Article 15
of the European Convention […], wishes to notify that on the 21 April 2022 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
25 April to 23 June 2022, on the entire territory of the Republic of Moldova, taking
into account the situation related to the regional security and the menace to the
national security. The Decision of the Parliament no. 105 of 21 April 2022 is attached
to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to article 15 of the European Convention […] from the
application of certain provisions of the Convention and its Protocols.
In the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention […], the Permanent Representation
will inform the Secretary General […] about the future developments regarding the
state of emergency as well as when the above-mentioned measures and derogations have
ceased to apply, and the provisions of the Convention are being fully implemented
again on the territory of the Republic of Moldova.
[…]
[Link to the Decision No. 105 of the Parliament of the Republic of Moldova on the
extension of the state of emergency is available on the Council of Europe website,
document JJ9347C Tr./005-292]
29-06-2022
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 23 June 2022 the Parliament
of the Republic of Moldova adopted the Decision No. 163 on prolongation of the state
of emergency, from 24 June to 7 August 2022, on the entire territory of the Republic
of Moldova, taking into account the situation related to the regional security and
the menace to the national security. The Decision of the Parliament is attached to
this Note.
The decision of 23 June contains the same provisions as the previous Decision on prolongation
of the state of emergency No. 105 of 21 April 2022 notified by Note Verbale No. FRA-
CoE/352.2/179. except for the art. 6. providing that: “the current state of emergency
doesn’t affect the organization and conduct of the new local elections in the spring
of 2022 in some administrative-territorial units”, which has consumed its character.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the 3 situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9375C Tr./005-296.]
05-08-2022
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 28 July 2022 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
8 August to 6 October 2022, on the entire territory of the Republic of Moldova, taking
into account the situation related to the regional security and the menace to the
national security. The Decision of the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
This state of emergency does not affect the organising and carrying out of the new
local elections in autumn 2022 in some administrative territorial units.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9391C Tr./005-297.]
11-10-2022
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 6 October 2022 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
7 October to 5 December 2022, on the entire territory of the Republic of Moldova,
taking into account the situation related to the regional security and the menace
to the national security. The Decision of the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency. This state
of emergency does not affect the organizing and carrying out of the new local elections
in autumn 2022 in some administrative territorial units.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9406C Tr./005-299.]
07-12-2022
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 1st of December 2022 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
6 December 2022 to 3 February 2023, on the entire territory of the Republic of Moldova,
taking into account the situation related to the regional security and the menace
to the national security. The Decision of the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9429C Tr./005-300.]
08-02-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 2nd of February 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
4 February 2023 to 4 April 2023, on the entire territory of the Republic of Moldova,
taking into account the situation related to the regional security and the menace
to the national security. The Decision of the Parliament is attached to this Note.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Decision of the Parliament of the Republic of Moldova is available on the Council
of Europe website, document JJ9454C Tr./005-303.]
07-04-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on the 30 March 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
5 April 2023 to 3 June 2023, on the entire territory of the Republic of Moldova, taking
into account the situation related to the regional security and the menace to the
national security. The Decision of the Parliament is attached to this Note.
The Parliament decision of 30 March contains the same provisions as the previous Decision
on prolongation of the state of emergency No. 12 of 2 February 2023 notified by Note
Verbale No. FRA-CoE/352.2/45, except for the article 6 providing that the current
state of emergency doesn’t affect the organisation and conduct of the elections on
the territory of the Republic of Moldova.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out necessary actions
in order to prevent and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; taking the necessary measures for the management
of the migration flows; accessing and managing the international assistance for the
duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Link to the Decision No. 67 of the Parliament of Moldova on the extension of the
state of emergency is available at the website of the Council of Europe, document
number JJ9485C, Tr./005-312.]
30-05-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on 26 May 2023 the Parliament of the
Republic of Moldova adopted the prolongation of the state of emergency for a period
of 60 days, from 4 June 2023 to 2 August 2023, on the entire territory of the Republic
of Moldova, taking into account the situation related to the regional security and
the menace to the national security. The Decision of the Parliament is attached to
this Note.
The Parliament decision of 26 May contains the same provisions as the previous Decision
on prolongation of the state of emergency No. 67 of 30 March 2023 notified by Note
Verbale No. FRA-CoE/352.2/140, including the article 6 providing that the current
state of emergency doesn’t affect the organisation and conduct of the elections on
the territory of the Republic of Moldova.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent and liquidate the consequences of the situations
that imposed the declaration of the state of emergency; taking the necessary measures
for the management of the migration flows; accessing and managing the international
assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Link to Decision No. 133 of the Parliament of Moldova on the extension of the state
of emergency is available at the website of the Council of Europe, document number
JJ9502C, Tr./005-317.]
01-08-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on 31 July 2023 the Parliament of
the Republic of Moldova adopted the prolongation of the state of emergency for a period
of 60 days, from 3 August 2023 to 1 October 2023, on the entire territory of the Republic
of Moldova, taking into account the situation related to the regional security and
the menace to the national security. The Decision of the Parliament is attached to
this Note.
The Parliament decision of 31 July succeeds the previous Decision on prolongation
of the state of emergency No. 133 of 26 May 2023 notified by Note Verbale No. FRA-CoE/352.2/201,
and contains the same provisions including the article 6, providing that the current
state of emergency doesn’t affect the organisation and conduct of the elections on
the territory of the Republic of Moldova.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent and liquidate the consequences of the situations
that imposed the declaration of the state of emergency; taking the necessary measures
for the management of the migration flows; accessing and managing the international
assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Link to Decision No. 244 of the Parliament on the extension of the state of emergency
is available at the website of the Council of Europe, document number JJ9544C, Tr./005-318.]
26-09-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on 21 September 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency for
a period of 60 days, from 2 October 2023 to 30 November 2023, on the entire territory
of the Republic of Moldova , taking into account the situation related to the regional
security and the menace to the national security. The Decision of the Parliament is
attached to this Note.
The Parliament decision of 21 September succeeds the previous Decision on prolongation
of the state of emergency No. 244 of 31 July 2023 notified by Note Verbale No. FRA-CoE/352.2/287,
and contains the same provisions including the article 6, providing that the current
state of emergency doesn’t affect the organisation and conduct of the elections on
the territory of the Republic of Moldova.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Link to Decision No. 308 of the Parliament on the extension of the state of emergency
is available at the website of the Council of Europe, document number JJ9559C, Tr./005-320.]
29-11-2023
The Permanent Representation of the Republic of Moldova to the Council of Europe,
pursuant to Article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms, wishes to notify that on 24 November 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency for
a period of 30 days, from 1 December 2023 to 31 December 2023, on the entire territory
of the Republic of Moldova, taking into account the situation related to the regional
security and the menace to the national security. The Decision of the Parliament is
attached to this Note.
The Parliament decision of 24 November succeeds the previous Decision on prolongation
of the state of emergency No. 274 of 21 September 2023 notified by Note Verbale No.
FRA-CoE/352.2/328, and contains the same provisions including the article 6, providing
that the current state of emergency doesn’t affect the organisation and conduct of
the elections on the territory of the Republic of Moldova.
The existing measures already in force or envisaged to be implemented during the mentioned
period of state of emergency entail or may entail restrictions such as ordering, if
necessary, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency.
The application of these measures has triggered the necessity for the Republic of
Moldova to derogate pursuant to 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 the context of major national security threats in the immediate vicinity of the
land border between the Republic of Moldova and Ukraine, including those of humanitarian,
economic, energy and military nature, as a result of the continuing war on the territory
of Ukraine, the afore-mentioned measures are essential and critical in protecting
the national security of the country.
According to the report presented by the Ministry of Internal Affairs of the Republic
of Moldova during the plenary session of the Parliament on 24 November 2023, during
the previous emergency period, the actions of the Government and the Commission for
Exceptional Situations did not exceed the limits of the mandate assigned by the Parliament,
there were no interferences in respect of the exercise of the fundamental rights of
citizens, and the competent authorities acted in a transparent manner, the derogations
from the legal framework being proportionate and necessary for the management and
overcoming of all emergency situations.
Pursuant to article 15 (3) of the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the Permanent Representation will inform the Secretary
General of the Council of Europe about the future developments regarding the state
of emergency as well as when the above-mentioned measures and derogations have ceased
to apply, and the provisions of the Convention are being fully implemented again on
the territory of the Republic of Moldova.
[Link to Decision No. 361 of the Parliament on the extension of the state of emergency
is available at the website of the Council of Europe, document number JJ9581C, Tr./005-322.]
11-04-2024
The Permanent Representation of the Republic of Moldova to the Council of Europe, with reference to the Note Verbale No. FRA-CoE/352.2/410 of 29 November 2023 notifying about the prolongation 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 for the Protection of Human Rights and Fundamental Freedoms, has the honour to inform that the state of emergency in the Republic of Moldova ceased on 30 December 2023, thus bringing to an end the derogations of the Republic of Moldova from the application of certain provisions of the Convention and its Protocols. The Permanent Representation of the Republic of Moldova kindly asks this communication to be considered as a notification on the termination of the above-mentioned derogations, in accordance with Article 15, paragraph 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.
Noord-Macedonië
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.
[…]
Oekraïne
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.
22-04-2021
The Russian Federation continues to commit a crime of aggression against Ukraine and
is temporarily occupying a part of Ukraine's territory with the armed formations of
the Russian Federation, which consist of regular units subordinated to the Ministry
of Defense of the Russian Federation, units and special formations subordinated to
other security and enforcement agencies of the Russian Federation, their advisors,
instructors, and irregular illegal armed formations, armed gangs and groups of mercenaries,
which are created, subordinated, commanded and financed by the Russian Federation,
as well as with the assistance of the occupation administration of the Russian Federation
consisting of its state organs and structures, which are functionally responsible
for governing of the temporarily occupied territories of Ukraine, as well as self-proclaimed
organs under control of the Russian Federation, which usurped power functions in the
temporarily occupied territories of Ukraine.
In response to the actions of the Russian Federation Ukraine takes measures to ensure
national security and defense, repelling and containing of the armed aggression of
the Russian Federation (hereafter Joint Forces Operation - the JFO), as provided by
the Law of Ukraine dated January 18, 2018 No. 2268 "On the peculiarities of state
policy on ensuring state sovereignty of Ukraine over temporarily occupied territories
in Donetsk and Luhansk regions” (hereinafter - the Law No. 2268).
The Law No. 2268 and the Law of Ukraine dated February 3, 2015 No. 141 "On civil-military
administrations" provide for the possibility of restricting the right to liberty and
security of person, respect for private and family life and freedom of movement.
Article 5 of the Law of Ukraine "On civil-military administrations" (as amended by
the Law No. 2268) envisages that in the area of conducting of the JFO it is possible
to set limitations on presence on the streets and at other public places without determined
documents at a certain time of day; temporarily restrict or prohibit movement of transport
and pedestrians on the streets, roads and sections of territory; to arrange verification
of identity documents of individuals, and, if necessary, the inspection of belongings,
transport, luggage and cargo, offices and housing.
To ensure vital interests of the society and the state in the period of repelling
of 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 No. 2268, who are
involved in JFO, have the right: 1) to apply, in case of absolute necessity, weapons
and special means to persons who have committed or are committing offenses or other
actions that impede the fulfilment of the legal requests of persons, involved in the
implementation of the JFO measures, or actions related to unauthorized attempt to
enter the area of implementation of the mentioned measures; 2) to detain and deliver
persons mentioned in paragraph 1 of this section to the National Police of Ukraine;
3) to check identity documents of citizens and officials, and in the absence of such
documents, to detain them for identification; 4) to carry out a personal inspection
of citizens, an inspection of belongings in their possession, means of transport 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 means of transport for the
purposes of the JFO conduct; 7) to use for official purposes communication means and
means of transport, including special ones, which belong to citizens (on their consent),
enterprises, institutions and organizations, except means of transport of diplomatic,
consular and other representations of foreign states and international organizations.
Stay of persons in the area of the JFO conduct, which are not involved in carrying
out such measures, can be temporarily limited for the period of carrying out such
measures (Article 12.4 of the Law No. 2268).
Implementation of mentioned measures determines the need of the continuation of the
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 No. 4 thereto.
Regarding the territory, to which the derogation applies
The area of conducting of the JFO measures is territorially limited by the administrative
boundaries of Donetsk and Luhansk regions and the factual contact line, defined by
the boundaries of the temporarily occupied territories in these regions, determined
by the Decree of the President of Ukraine No. 32/2019 dated February 7, 2019.
Regarding the security situation in the area of the Joint Forces Operation
Despite demonstrative declarations regarding full and comprehensive ceasefire, in
accordance with the decision of the Trilateral Contact Group of July 2020, the Russian
occupation forces continued to shell positions of the units of the JFO, including
with small arms, 120 mm and 82 mm caliber mortars and 122 mm caliber artillery systems.
In addition, aimed fire was conducted with sniper weapon.
The Russian occupation forces continue to increase its military potential through
holding of military and operational training and ensuring preparedness for an offensive
(defensive) action. The main attention is paid to:
- systematic verification of preparedness of the occupation forces;
- working out of questions of improvement of command and control system, communication,
cohesion and preparedness to implement tasks by tank, artillery, intelligence and
sniper units;
- improving fortifications of the areas of concentration through conducting engineering
works on the front-line positions, second and third defensive lines;
- holding into a ready-for-action of regular artillery units on designated directions,
including training of regular artillery units to deploy on firing positions, to aim
at planned targets with their conditional destruction;
- conducting demonstrative action by moving the armoured groups at night-time.
Since the entry into force of the agreement regarding comprehensive ceasefire (July
27, 2020) and as of March 31, 2021, there were recorded 1169 ceasefire violations
by armed formations of the Russian Federation, provocative shelling of the JFO positions,
distance mining, advancing of armed persons towards the JFO positions, use of unmanned
aerial vehicles by the enemy, subversive activities and shelling of residential and
other areas. That includes recorded 1041 provocative shelling against the JFO positions;
24 cases of distance mining; 30 changes on the positions of enemy units (improvement
of fortifications).
At the same time, since the beginning of 2021, 517 shelling of the JFO positions have
been recorded with 50 of them with the use of weapons prohibited by the Minsk agreements.
As a result, since the beginning of 2021 20 the JFO servicemen lost their lives.
Since the beginning of 2021, the enemy has conducted shelling with the following types
of weapons: 122mm artillery, 120mm and 82mm mortars, small arms, rocket-propelled
grenade launchers (RPG), heavy machine gun (VKK), automatic grenade launcher AGS,
under-barrel grenade launchers GP-25 and recoilless gun SPG.
The armed formations of the Russian Federation continue shelling the residential areas
and objects of infrastructure close to the contact line. From the beginning of 2021,
9 such shelling have been recorded with 14 houses damaged and one civilian killed.
In 2020 44 shelling were recorded, which resulted in the injuries of 4 civilians,
30 residential buildings were damaged.
The enemy actively uses UAVs to conduct intelligence and cause damage to the JFO,
including in the combat modification, as carriers of explosive devices, grenades and
mines.
From the enactment of the full and comprehensive ceasefire from 00.01 hours on July
27, 2020 the enemy used UAVs in 86 cases (since the beginning of 2021 - 32 cases),
with 50 cases of crossing the contact line, including 11 cases of using of UAVs with
combat loading on directions of Popasna, Toretsk, Kurakhove, Mariupol and Avdiivka.
In addition, the enemy is improving its own intelligence system, including through
the deployment of additional elements of video surveillance system. So far, 65 video
cameras of the enemy have been detected.
The enemy also continues to install new minefields, including through conducting distance
mining with the use of the rocket-propelled grenade launcher RPG-7 in areas: Luhanske,
Zolote-4, Vodiane. In 2020, the enemy conducted distance mining.
In distinction, in 2021 there is an active use of enemy sniper pairs. Arrival of sniper
units from the territory of the Russian Federation has been traced in the first decade
of February. They are currently involved in missions on the front-line.
Measures aimed at forced passportization of the population have been intensified on
the temporarily occupied territories of Donetsk and Luhansk regions. There is an increase
in the intensity of publication of discrediting messages in media.
It is not excluded that these measures are held to create a pretext for the Russian
Federation to officially protect "Russian citizens" who, as a result of forced passportization,
reside on the temporarily occupied territories of Ukraine, and to provide "military
assistance" to the illegal armed forces formations.
The situation in the area of the JFO remains under control but is characterized by
a tendency to incremental increase in fire activity of the armed formations of the
Russian Federation against the backdrop of potential for exacerbation in some areas.
The JFO activities are aimed at ensuring strict compliance with the requirements of
the Minsk agreements and Ukraine’s fulfilment of its obligations regarding the settlement
of the situation in Donbas exclusively through political and diplomatic means.
01-03-2022
The Permanent Representation of Ukraine […] and has the honour to convey to the Secretary
General the following information on behalf of the Government of Ukraine regarding
the introduction from 24 February for a period of 30 days of: a state of emergency
rule in separate regions of Ukraine and martial law on the entire territory of Ukraine
and derogation measures from its obligation under the Convention […].
[…]
I
Regarding derogation measures
1. In connection with the military aggression of the Russian Federation against Ukraine,
based on the proposal of the National Security and Defense Council of Ukraine, in
accordance with paragraph 20 of the first part of Article 106 of the Constitution
of Ukraine, Law of Ukraine "On Martial Law" by Presidential Decree of 24.02.2022 N°
64/2022, martial law was imposed in Ukraine.
Decree of the President of Ukraine as of 24.02.2022 N° 64/2022 "On the imposition
of martial law in Ukraine" entered into force simultaneously with the entry into force
of the Law of Ukraine "On Approval of the Decree of the President of Ukraine" On the
imposition of martial law in Ukraine", adopted on 24.02.2022. This Law was immediately
promulgated via the mass media and entered into force on the day of its publication
on February 24, 2022.
According to Article 2 of the Decree of the President of Ukraine of 24.02.2022 N°
64/2022 "On the imposition of martial law in Ukraine" military command (General Staff
of the Armed Forces of Ukraine, Command of the Joint Forces of the Armed Forces of
Ukraine, command of species, certain types of troops (forces) Of the Armed Forces
of Ukraine, Department of Operational Commands, Commanders of Military Units, Units
of the Armed Forces of Ukraine, State Border Guard Service of Ukraine, State Special
Transport Service, State Special Communications and Information Protection Service
of Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Service
Intelligence of Ukraine, the Department of State Protection of Ukraine) together with
the Ministry of Internal Affairs of Ukraine, other executive bodies, local governments
authorized to implement and conduct measures and authority necessary to defend Ukraine,
protect public safety and interests of the state under the Law of Ukraine "On Martial
Law”.
2. In accordance with Article 3 of the Decree of the President of Ukraine of 24.02.2022
N° 64/2022 "On the imposition of martial law in Ukraine" in connection with the imposition
of martial law in Ukraine temporarily, for the period of martial law, may be limited
constitutional rights and freedoms of man and citizen provided for in Articles 30
- 34, 38, 39, 41 - 44, 53 of the Constitution of Ukraine, as well as temporary restrictions
on the rights and legitimate interests of legal entities within the limits and to
the extent necessary to ensure implementation and execution of martial law are introduced,
which are provided for in part one of Article 8 of the Law of Ukraine "On the Legal
Regime of Martial Law".
2.1 Article 30 of the Constitution. Everyone is guaranteed the inviolability of their
home. It is not allowed to enter a house or other property of a person, conduct an
inspection or search in them other than by a reasoned court decision.
The restriction of this right necessitates a waiver of obligations under Article 17
of the International Covenant on Civil and Political Rights (hereinafter - Covenant)
and Article 8 of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter - Convention).
2.2 Article 31 of the Constitution. Everyone is guaranteed the secrecy of correspondence,
telephone conversations, telegraph, and other correspondence.
The restriction of this right necessitates a waiver of obligations under Articles
19 to 20 of the Covenant and Article 10 of the Convention.
2.3 Article 32 of the Constitution. No one may be interfered with in his personal
and family life, except as provided by the Constitution of Ukraine. The collection,
storage, use, and dissemination of confidential information about a person without
his or her consent is not permitted, except in cases specified by law and only in
the interests of national security, economic well-being, and human rights.
The restriction of this right necessitates a waiver of obligations under Article 17
of the Covenant and Article 8 of the Convention.
2.4 Article 33 of the Constitution. Everyone who stays lawfully on the territory of
Ukraine is guaranteed freedom of movement, free choice of residence, the right to
leave the territory of Ukraine freely, except for restrictions established by law.
A citizen of Ukraine may not be deprived of the right to return to Ukraine at any
time.
The restriction of this right necessitates a waiver of obligations under Articles
12 to 13 of the Covenant and Article 2 of Protocol No. 4 to the Convention.
2.5 Article 34 of the Constitution. Everyone is guaranteed the right to freedom of
thought and speech, to freely express their views and beliefs. Everyone has the right
to freely collect, store, use and disseminate information orally, in writing, or otherwise
- at their discretion.
The restriction of this right necessitates a waiver of obligations under Articles
18 to 19 of the Covenant and Articles 9 to 10 of the Convention.
2.6 Article 38 of the Constitution. Citizens have the right to participate in the
management of state affairs, in all-Ukrainian and local referendums, to freely elect
and be elected to state authorities and local self-government bodies. Citizens enjoy
equal access to public service, as well as to service in local self-government bodies.
The restriction of this right necessitates a waiver of obligations under Article 25
of the Covenant and Article 3 of the Additional Protocol to the Convention.
2.7 Article 39 of the Constitution. Citizens have the right to assemble peacefully,
without weapons, and to hold rallies, meetings, marches, and demonstrations, which
are notified in advance to the executive or local government.
The restriction of this right necessitates a waiver of obligations under Article 21
of the Covenant and Article 11 of the Convention.
2.8 Article 41 of the Constitution. Everyone has the right to own, use and dispose
of their property, the results of their intellectual and creative activities. No one
may be unlawfully deprived of his property. The right of private property is inviolable.
The restriction of this right necessitates a waiver of obligations under Article 25
of the Covenant and Article 1 of the Additional Protocol to the Convention.
2.9 Article 42 of the Constitution. Everyone has the right to engage in entrepreneurial
activity, which is not prohibited by law.
The restriction of this right necessitates a waiver of obligations under Article 17
of the Covenant and Article 1 of the Additional Protocol to the Convention.
2.10 Article 43 of the Constitution. Everyone has the right to work, which includes
the opportunity to earn a living by work which he freely chooses or agrees to freely.
The restriction of this right necessitates a waiver of obligations under Articles
22, 25 of the Covenant, and Article 14 of the Convention.
2.11 Article 44 of the Constitution. Those who work have the right to strike to protect
their economic and social interests.
The restriction of this right necessitates a waiver of obligations under Articles
21, 22 of the Covenant, and Article 11 of the Convention.
2.12 Article 53 of the Constitution. Everyone has the right to education.
The restriction of this right necessitates a waiver of obligations under Articles
24, 25 of the Covenant and Article 2 of the Additional Protocol to the Convention
According to the first part of Article 8 of the Law of Ukraine "On the Legal Regime
of Martial Law" in Ukraine or in certain localities where martial law is imposed,
the military command together with military administrations (if formed) may independently
or with the involvement of executive bodies, the Council Ministers of the Autonomous
Republic of Crimea, local governments introduce and implement temporary restrictions
of constitutional rights and freedoms of man and citizen, as well as the rights and
legitimate interests of legal entities under the decree of the President of Ukraine
on martial law, the measures of martial law are as follows:
1) to establish (strengthen) the protection of objects of state importance, objects
of state importance of the national transport system of Ukraine, and objects that
ensure the livelihood of the population, and to introduce a special regime of their
work. The procedure for establishing (strengthening) the protection of such facilities
and their inventory that are subject to protection with the imposition of martial
law, as well as the procedure for the special regime of their work shall be approved
by the Cabinet of Ministers of Ukraine;
2) to introduce compulsory labor for able-bodied persons not involved in work in the
field of defense and livelihoods and not reserved for enterprises, institutions and
organizations for the period of martial law in order to perform work of a defensive
nature and eliminate the consequences of emergencies that arose during martial law,
and to involve them in martial law in socially useful work performed to meet the needs
of the Armed Forces of Ukraine, other military formations, law enforcement agencies
and civil defense forces, ensuring the functioning of the national economy and life
support system population and do not require, as a rule, special training of persons.
For employees involved in the performance of socially useful work, the previous place
of work (position) is retained for the time of such work. The procedure for involving
able-bodied persons in martial law in socially useful work and issues of their social
protection, taking into account the requirements of the law, shall be determined by
the Cabinet of Ministers of Ukraine;
3) use the capacity and labor resources of enterprises, institutions and organizations
of all forms of ownership for the needs of defense, change the mode of their work,
make other changes in production activities and working conditions in accordance with
labor legislation;
4) forcibly expropriate property in private or communal ownership, confiscate property
of state enterprises, state economic associations for the needs of the state under
the legal regime of martial law in the manner prescribed by law and issue appropriate
documents of the prescribed form;
5) to introduce a curfew in accordance with the procedure established by the Cabinet
of Ministers of Ukraine (ban on staying on the streets and in other public places
during a certain period of the day without specially issued permits and certificates),
as well as to establish a special light masking regime;
6) to establish, in accordance with the procedure established by the Cabinet of Ministers
of Ukraine, a special regime of entry and exit, to restrict the freedom of movement
of citizens, foreigners and stateless persons, as well as the movement of vehicles;
7) to check the documents of persons in the manner prescribed by the Cabinet of Ministers
of Ukraine, and if necessary to inspect things, vehicles, luggage and cargo, office
space and housing of citizens, except for restrictions established by the Constitution
of Ukraine;
8) prohibit holding peaceful assemblies, rallies, marches and demonstrations, other
mass events;
9) to raise in the manner prescribed by the Constitution and laws of Ukraine the issue
of banning the activities of political parties, public associations, if it is aimed
at eliminating Ukraine's independence, forcibly changing the constitutional order,
violating the sovereignty and territorial integrity of the state, undermining its
security, illegal seizure power, propaganda of war, violence, incitement of interethnic,
racial, religious hatred, encroachment on human rights and freedoms, public health;
10) to establish, in accordance with the procedure established by the Cabinet of Ministers
of Ukraine, a ban or restriction on the choice of the place of stay or residence of
persons in the territory where martial law is in force;
11) regulate in the manner prescribed by the Cabinet of Ministers of Ukraine, the
work of suppliers of electronic communications networks and / or services, printing
companies, publishers, broadcasters, broadcasters and other enterprises, institutions,
organizations and cultural institutions and the media, and use local radio stations,
television centers and printing houses for military purposes and conducting outreach
work among the troops and the population; prohibit the operation of transceiver radios
for personal and collective use and the transmission of information via computer networks;
12) in case of violation of the requirements or non-compliance with the measures of
martial law, to withdraw from enterprises, institutions and organizations of all forms
of ownership, individual citizens electronic communication equipment, television,
video and audio equipment, computers and, if necessary, other technical means of communication;
13) to prohibit, in accordance with the procedure established by the Cabinet of Ministers
of Ukraine, trade-in weapons, strong chemical and poisonous substances, as well as
alcoholic beverages and substances produced based on alcohol;
14) to establish a special regime in the field of production and sale of medical products
containing narcotic drugs, psychotropic substances and precursors, other potent substances,
the list of which is determined by the Cabinet of Ministers of Ukraine;
15) to seize from enterprises, institutions and organizations training and combat
equipment, explosives, radioactive substances and materials, potent chemicals and
toxic substances;
16) prohibit citizens who are on the military or special register at the Ministry
of Defense of Ukraine, the Security Service of Ukraine or the Foreign Intelligence
Service of Ukraine, change residence (location) without the permission of the military
commissar or head of the Security Service of Ukraine or the Foreign Intelligence Service
of Ukraine; limit the passage of alternative (non-military) service;
17) to establish military and housing conscription for individuals and legal entities
for the accommodation of servicemen, members of the rank and file of law enforcement
agencies, personnel of the Civil Protection Service, evacuated population and the
location of military units, subdivisions and institutions;
18) to establish the procedure for using the fund of protective structures of civil
protection;
19) to evacuate the population if there is a threat to their life or health, as well
as material and cultural values, if there is a threat of damage or destruction, according
to the list approved by the Cabinet of Ministers of Ukraine;
20) to introduce, if necessary, in the manner prescribed by the Cabinet of Ministers
of Ukraine, standardized provision of the population with basic food and non-food
goods;
21) take additional measures to strengthen the protection of state secrets;
22) intern (forcibly settle) citizens of a foreign state that threatens to attack
or carry out aggression against Ukraine;
23) to carry out the obligatory evacuation of detained persons in temporary detention
facilities in accordance with the procedure established by the Cabinet of Ministers
of Ukraine; suspects, accused persons subject to precautionary measures - detention
in pre-trial detention facilities; transfer of convicts serving sentences such as
arrest, restriction of liberty, imprisonment for a term and imprisonment from penitentiary
institutions located in areas close to the areas of hostilities to the relevant institutions
located in a safe area.
The application of these measures necessitates a derogation from the obligations under
Articles 3, 8 (paragraph 3), 9, 12, 13, 17, 19, 20, 21, 22, 24, 25, 26, 27 of the
Covenant and Articles 4 (paragraph 3), 8, 9, 10, 11, 13, 14, 16, Articles 1, 2 of
the Additional Protocol, Article 2 of Protocol 4 to the Convention.
II
Martial law in Ukraine was imposed from 05:30 on February 24, 2022, for a period of
30 days.
III
Regarding the security situation in Ukraine
(according to the General Staff of the Armed Forces of Ukraine as of 15:00 on February
26, 2022)
The Russian occupier continues the offensive operation against Ukraine in the previously
selected areas with the support of long-range operational and tactical aircraft and
with the use of high- precision long-range weapons.
The enemy insidiously inflicts air and artillery strikes on civilian infrastructure.
Enemy reconnaissance and sabotage groups operate insidiously, disguising themselves
in civilian clothes and infiltrating cities to destabilize the situation by carrying
out sabotage operations.
Addition
I
For derogating measures
1. In order to normalize the situation in the state, protect and guard the state border,
combat crime, maintain public safety and order, create conditions for the proper functioning
of public authorities, local governments and other civil society institutions, prevent
attempts to seize state power or change the constitutional Ukraine by violence, pursuant
to paragraphs 5 and 6 of the part 2 of Article 4 of the Law of Ukraine "On the Legal
Regime of State of Emergency", based on the proposal of the National Security and
Defense Council of Ukraine and in accordance with paragraph 21 of Article 106 of the
Constitution of Ukraine of 23/02/2022 N° 63/2022 a state of emergency has been declared
in Ukraine.
Decree of the President of Ukraine of 23.02.2022 N° 63/2022 "On imposition of emergency
rule in separate regions of Ukraine" entered into force simultaneously with the entry
into force of the Law of Ukraine "On approval of the Decree of the President of Ukraine
"On imposition of emergency rule in separate regions of Ukraine" which was passed
on 23.02.2022 for N° 2101. This Law entered into force on the day of its publication
on February 23, 2022.
According to Article 3 of the Decree of the President of Ukraine of 23.02.2022 N°
63/2022 "On imposition of emergency rule in separate regions of Ukraine" Security
Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the National Guard
of Ukraine, the National Police of Ukraine, the State Emergency Service, the Border
Guard Service of Ukraine, the Armed Forces of Ukraine, the Military Law Enforcement
Service of the Armed Forces of Ukraine, central executive bodies, which are subordinated
to military formations formed in accordance with the laws of Ukraine, in accordance
with its powers, is instructed to provide assistance in the implementation and enforcement
of the state of emergency.
2. The following measures shall be implemented in the territory defined in Article
1 of this Decree:
. establishment of a special regime of entry and exit (if necessary); restrictions
on the movement of vehicles and their inspection (if necessary);
. to strengthen the defense of the public order and facilities ensuring the vital
needs of the population and national economy;
. ban on holding mass events, except for measures which can be banned only by a court
(if necessary); ban on strikes;
. temporary or irreversible evacuation of people from places dangerous to living,
with the mandatory provision of them with permanent or temporary housing;
. introduction of curfew (prohibition to be on the streets and in other public places
without specially issued permits and identity cards at set times of the day, if necessary);
. control the citizens' identification documents and, if necessary, carry out body
searches and inspect personal belongings and vehicles.
. prohibition of recruits, conscripts and reservists to change their place of residence
without notice of the relevant territorial center of recruitment and social support,
the Central Office and/or regional body of the Security Service of Ukraine, the relevant
unit of the Foreign Intelligence Service of Ukraine; ban on the production and dissemination
of information materials that may destabilize the situation; ban on the operation
of amateur radio transmitters and radio emitting devices for personal use; special
rules for the use of communication and transmission of information over computer networks
(if necessary).
The application of these measures necessitates a derogation from the obligations under
Articles 12, 17, 19, 20, 21, 22, 26 of the International Covenant on Civil and Political
Rights and Articles 8, 9, 10, 11, 14 of the Convention and Article 2 of the Protocol
No. 4 to the Convention.
II
Regarding the territory covered by the derogation
A state of emergency in Ukraine was imposed on the territory of Vinnytsia, Volyn,
Dnipropetrovsk, Zhytomyr, Zakarpattia, Zaporizhia, Ivano-Frankivsk, Kyiv, Kirovohrad,
Lviv, Mykolaiv, Odesa, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Kherson, Khmelnytski,
Cherkasy, Chernivtsi, Chernihiv regions, the city of Kyiv from 00 hours 00 minutes
on February 24, 2022 for a period of 30 days.
III
Regarding the security situation
(as of 23.02.2022)
On February 21, 2022, the leadership of the Russian Federation recognized the independence
of the self-proclaimed "LPR" and "DPR" and decided to introduce units of the Armed
Forces of the Russian Federation in the temporarily occupied territories of Donetsk
and Luhansk regions.
Such actions are a continuation of the Russian Federation's policy of escalating armed
aggression against Ukraine, imposing separatism, provoking interethnic and interfaith
conflicts, mass riots, which threatens the security, life and health of citizens,
state sovereignty, constitutional order and territorial integrity of Ukraine.
The subversion of the special services of the Russian Federation, supporting the activities
of separatist forces, criminal and illegal military groups in the occupied territories
of Donetsk and Luhansk regions, their terrorist activities have become an armed confrontation
and threaten to spread to other regions of Ukraine.
[Links to the Annexes (English and Ukrainian only) are available on the Council of
Europe website, document JJ9325C Tr./005-287]
16-03-2022
The Permanent Representation of Ukraine to the Council […] has the honour to convey
to the Secretary General the following information on behalf of the Government of
Ukraine regarding derogation measures from its obligations under the Convention […]
according to the Law of Ukraine of 03.03.2022 No. 2111-IX “on Amendments to the Criminal
Procedure Code of Ukraine and the Law of Ukraine ‘on Pre-Trial detention’ on additional
regulation of law enforcement in martial law”.
[...]
[Link to the Annex “Derogation measures according to the Law of Ukraine No. 2111-IX”
(English only) is available on the Council of Europe website, document JJ9334C Tr./005-289]
28-03-2022
In connection with the ongoing military aggression of the Russian Federation against
Ukraine, based on the proposal of the National Security and Defence Council of Ukraine,
in accordance with paragraph 20 of Article 106 of the Constitution of Ukraine, Law
of Ukraine “On Legal Status of Martial Law” the Decree of the President of Ukraine,
dated 14.03.2022 No. 133/2022 “On the extension of Martial Law in Ukraine” was adopted.
The Decree was approved by the Law of Ukraine dated 15.03.2022 No. 2119-IX “On approval
of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’”.
The Law was immediately announced through the media and entered into force on the
day of its publication on 18 March 2022.
By the Decree Martial Law was extended in Ukraine from 05 hours 30 minutes on 26 March
2022 for a period of 30 days.
The Decree entered into force simultaneously with the entry into force of the Law
of Ukraine “On approval of the Decree of the President of Ukraine”.
29-04-2022
In connection with the ongoing military aggression of the Russian Federation against
Ukraine, based on the proposal of the National Security and Defence Council of Ukraine,
in accordance with paragraph 20 of Article 106 of the Constitution of Ukraine, Law
of Ukraine “On Legal Status of Martial Law” the Decree of the President of Ukraine,
dated 18.04.2022 No. 259/2022 “On the extension of Martial Law in Ukraine” was adopted.
The Decree was approved by the Law of Ukraine dated 21.04.2022 No. 2212-IX “On approval
of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’”.
The Law was immediately announced through the media and entered into force on the
day of its publication on 22 April 2022.
By the Decree Martial Law was extended in Ukraine from 05 hours 30 minutes on 25 April
2022 for a period of 30 days.
The Decree entered into force simultaneously with the entry into force of the Law
of Ukraine “On approval of the Decree of the President of Ukraine”.
06-06-2022
In connection with the ongoing military aggression of the Russian Federation against
Ukraine, based on the proposal of the National Security and Defence Council of Ukraine,
in accordance with paragraph 20 of Article 106 of the Constitution of Ukraine, Law
of Ukraine “On Legal Status of Martial Law” the Decree of the President of Ukraine,
dated 17.05.2022 No. 341/2022 “On the extension of Martial Law in Ukraine” was adopted.
The Decree was approved by the Law of Ukraine dated 22.05.2022 No. 2263-IX “On approval
of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’”.
The Law was immediately announced through the media and entered into force on the
day of its publication on 22 May 2022.
By the Decree Martial Law was extended in Ukraine from 05 hours 30 minutes on 25 May
2022 for a period of 90 days.
The Decree entered into force simultaneously with the entry into force of the Law
of Ukraine “On approval of the Decree of the President of Ukraine”.
20-06-2022
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to convey to the Secretary General the following information on behalf of the Government
of Ukraine regarding the derogation measures from its obligations under the Convention
for the Protection of Human Rights and Fundamental Freedoms according to the Law of
Ukraine of 14 April 2022 No. 2201 “On Amendments to the Criminal Procedure Code of
Ukraine to Improve the Procedure for Conducting Criminal Proceedings within Martial
Law Regime”, which sets out a new wording in Article 615 “Special Regime of Criminal
Proceedings in Martial Law” of the Criminal Procedure Code of Ukraine. […]
Annex
I Derogation measures
1. The Law of Ukraine of April 14, 2022 No. 2201 “On Amendments to the Criminal Procedure
Code of Ukraine to Improve the Procedure for Conducting Criminal Proceedings within
Martial Law Regime” (hereinafter - Law No. 2201) sets out a new wording in Article
615 “Special Regime of Criminal Proceedings in Martial Law” of the Criminal Procedure
Code of Ukraine, according to which during martial law if:
- there is no objective possibility of further conduct, completion of pre-trial investigation
and appeal to the court with an indictment, request for coercive measures of medical
or educational nature, request for release from criminal liability – the term of pre-trial
investigation in criminal proceedings is suspended on the basis of a reasoned decision
of the prosecutor outlining the relevant circumstances and is subject to renewal if
the grounds for suspension cease to exist. Prior to the suspension of the pre-trial
investigation, the prosecutor is obliged to decide on the extension of the detention
period (subparagraph 3 of part 1 of Article 615);
- there is no objective possibility to perform procedural actions within the time
limits specified in Article 220 “Consideration of petitions during the pre-trial investigation”,
Article 221 “Acquaintance with the materials of the pre-trial investigation before
its completion”, Article 304 “Deadline for filing a complaint against the decision,
action or inaction of the investigator, coroner or prosecutor, its return or refusal
to initiate proceedings”, Article 306 “Procedure for reviewing complaints against
decisions, actions or inaction of the investigator, coroner or prosecutor during the
pre-trial investigation”, Article 308 “Appeal for failure to meet reasonable deadlines”,
Article 376 “Proclamation of a court decision”, Article 395 “Procedure and terms of
appeal”, Article 426 “Procedure and terms of cassation appeal” of the Criminal Procedure
Code, – such procedural actions shall be carried out immediately if possible, but
not later than 15 days after the cessation or abolition of martial law (subparagraph
5 of the part 1 of Article 615);
- there are cases for detention of a person without the decision of the investigating
judge, the court, defined by Article 208 “Detention by an authorized official” of
the Criminal Procedure Code, or there are reasonable circumstances that suggest that
escape is possible in order to avoid criminal responsibility of a person suspected
of committing a crime – an authorized official has the right without the decision
of the investigating judge, court or resolution of the head of the prosecutor's office
to detain such a person. The term of detention of a person without the decision of
the investigating judge, court or resolution of the head of the prosecutor's office
during martial law may not exceed 216 hours from the moment of detention, which is
determined in accordance with Article 209 of the Criminal Procedure Code (subparagraph
6 of the part 1 of Article 615);
- testimony obtained during the interrogation of a witness, victim, including the
simultaneous interrogation of two or more interrogated persons, in criminal proceedings
conducted in martial law, may be used as evidence in court only if the course and
results of such interrogations were recorded using available technical means of video
recording. Testimony obtained during the interrogation of a suspect, including the
simultaneous interrogation of two or more persons already interrogated, in criminal
proceedings conducted in martial law may be used as evidence in court only if the
defense counsel participated in such interrogation, and the course and results of
the interrogation were recorded using available technical means of video recording
(subparagraph 11 of the part 1 of Article 615);
- coroner, investigator, prosecutor ensures the participation of the defense counsel
in a separate procedural action, including in case of impossibility of the defense
counsel's appearance – with the use of technical means (video, audio) to ensure remote
participation of the defense counsel. Coroner, investigator, prosecutor ensures the
participation of an interpreter to translate the explanations, testimony or documents
of the suspect, the victim at the earliest opportunity. In the presence of circumstances
that make it impossible for an interpreter to participate in criminal proceedings,
coroner, investigator, prosecutor has the right to personally translate explanations,
testimony or documents if he/she speaks one of the languages of the suspect, victim
(subparagraph 12 of part 1 of Article 615). Provisions of Article 87 “Inadmissibility
of evidence obtained as a result of significant violation of human rights and freedoms”,
Article 95 “Indications” of the Criminal Procedure Code are applied taking into account
the features specified in Article 615 of the Criminal Procedure Code (as amended by
Law No. 2201).
The application of Law No. 2201 necessitates derogation in respect of Articles 2 (paragraph
3), 9, 14 and 17 of the International Covenant on Civil and Political Rights and Articles
5, 6, 8 and 13 of the Convention for the Protection of Human Rights and Fundamental
Freedoms.
II Regarding the time and territory covered by the derogation from commitments
The Law No. 2201 entered into force on May 1, 2022 and is valid during martial law,
which was imposed throughout Ukraine from 05 hours 30 minutes on February 24, 2022
and extended on May 25, 2022 for 90 days by the Law of Ukraine of April 21, 2022 No.
2212 “On approval of the Decree of the President of Ukraine ‘On the extension of martial
law in Ukraine’.
09-09-2022
The Permanent Representation of Ukraine to the Council of Europe [...] has the honour to convey to the Secretary General the following information on behalf of the Government of Ukraine regarding the derogation measures from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms according to the Decree of the President of Ukraine 12.08.2022 N9 573/2022 “On the extension of Martial Law in Ukraine” by which Martial Law was extended in Ukraine from 05 hours 30 minutes on August 23, 2022 for the period of 90 days, approved by the Law of Ukraine dated 15.08.2022 No. 2500-IX “On approval of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’” [...].
16-12-2022
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to inform [...] on behalf of the Government of Ukraine about the derogation measures
from its obligations under the Convention for the Protection of Human Rights and Fundamental
Freedoms according to the Decree of the President of Ukraine date 07.11.2022 No. 757/2022
“On the extension of Martial Law in Ukraine”, by which Martial Law was extended in
Ukraine from 05 hours 30 minutes on November 21, 2022 for the period of 90 days, approved
by the Law of Ukraine dated 16.11.2022 No. 2738-IX “On Approval of the Decree of the
President of Ukraine ‘On extension of Martial Law in Ukraine’”.
[…]
16-02-2023
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to inform […] on behalf of the Government of Ukraine about the derogation measures
from its obligations under the Convention for the Protection of Human Rights and Fundamental
Freedoms according to the Decree of the President of Ukraine date 06.02.2023 No. 58/2023
“On the extension of Martial Law in Ukraine”, by which Martial Law was extended in
Ukraine from 05 hours 30 minutes on February 19, 2023 for the period of 90 days, approved
by the Law of Ukraine dated 07.02.2023 No. 2915-IX “On Approval of the Decree of the
President of Ukraine ‘On extension of Martial Law in Ukraine’”. […]
[Text of presidential decree is available at the site of the Council of Europe under
document number JJ9462C Tr./005-306 dated 17 February 2023.]
25-05-2023
The Permanent Representation of Ukraine to the Council of Europe [...] has the honour
to inform the Secretary General on behalf of the Government of Ukraine about the derogation
measures from its obligations under the Convention for the Protection of Human Rights
and Fundamental Freedoms according to the Decree of the President of Ukraine date
01.05.2023 No. 254/2023 “On the extension of Martial Law in Ukraine”, by which Martial
Law was extended in Ukraine from 05 hours 30 minutes on May 20, 2023 for the period
of 90 days, approved by the Law of Ukraine dated 02.05.2023 No. 3057-IX “On Approval
of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’”.
[...]
[Text of presidential decree is available at the site of the Council of Europe under
document number JJ9501C Tr./005-316 dated 26 May 2023.]
28-08-2023
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated July 26, 2023 No 451/2023 «On the extension of Martial Law in Ukraine»,
by which Martial Law was extended in Ukraine from 05 hours 30 minutes on August 18,
2023 for the period of 90 days, approved by the Law of Ukraine dated July 26 2023
No. 3275-IX "On Approval of the Decree of the President of Ukraine "On the Extension
of Martial Law in Ukraine".
[…]
21-11-2023
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated November 6, 2023 No 734/2023 «On the extension of Martial Law in
Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes on
November 16, 2023 for the period of 90 days, approved by the Law of Ukraine dated
November 8 2023 No. 3429-IX "On Approval of the Decree of the President of Ukraine
"On the Extension of Martial Law in Ukraine".
[…]
[Text of presidential decree is available at the site of the Council of Europe under
document number JJ9579C Tr./005-321 dated 21 November 2023.]
20-02-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated February 5, 2024 No. 49/2024 «On the Prolongation of the Term of
Martial Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours
30 minutes on February 14, 2024 for the period of 90 days, approved by the Law of
Ukraine dated February 6, 2024 No. 3564-IX "On Approval of the Decree of the President
of Ukraine "On the Prolongation of the Term of Martial Law in Ukraine".
[…]
[Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9601C Tr./005-323 dated 20 February 2024.]
05-03-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the updated
information about the derogation measures from its obligations under the Convention
for the Protection of Human Rights and Fundamental Freedoms regarding possible application
of Article 615 of the Criminal Procedure Code of Ukraine “Special regime of criminal
proceedings under martial law" as amended by the Law of Ukraine of 27 July 2022 No.
2462- IX "On introduction of the amendments to Criminal Procedure Code of Ukraine
concerning the improvement of certain provisions on pre-trial investigation under
martial law”.
[…]
[Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9606C Tr./005-324 dated 6 March 2024.]
05-04-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the updated
information about the derogation measures from its obligations under the Convention
for the Protection of Human Rights and Fundamental Freedoms regarding in accordance
with article 15 of the said Convention due to introduction to martial law in Ukraine,
as prepared by the Ministry of Justice of Ukraine.
[…]
[Revised Notification about the derogation measures from Ukraine obligations under
the Convention (Article 15) is available at the site of the Council of Europe under
document number JJ9614C Tr./005-325 dated 8 April 2024.]
21-05-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated May 6, 2024 No. 271/2024 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on May14, 2024 for the period of 90 days, approved by the Law of Ukraine dated May
8, 2024 No. 3684- IX "On Approval of the Decree of the President of Ukraine "On the
Prolongation of the Term of Martial Law in Ukraine".
[…]
[Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9628C Tr./005-327 dated 22 May 2024.]
20-08-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated July 23, 2024 No. 460/2024 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on August 12, 2024 for the period of 90 days, approved by the Law of Ukraine dated
July 23, 2024 No. 3891-IX "On Approval of the Decree of the President of Ukraine "On
the Prolongation of the Term of Martial Law in Ukraine".
[…]
[Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9660C Tr./005-328 dated 21 August 2024.]
Oostenrijk
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.
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).
Roemenië
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.
[…]
Russische Federatie
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.
25-03-2022
Depositary communication.
In accordance with Resolution CM/Res(2022)3 adopted by the Committee of Ministers
on 23 March 2022, the Russian Federation shall cease to be a Party to Treaty ETS No.
5 on 16 September 2022.
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.
[…]
Servië
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 […].
[…]
Slowakije
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.
Spanje
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.
Tsjechië
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.
Turkije
10-02-2023
[…]
The Government of the Republic of Türkiye would like to give the following notice
[…] under Article 15 of the European Convention on Human Rights (“the Convention”).
On 6 February 2023 two earthquakes struck our country: first, a 7.7 magnitude tremor
at 4.17 a.m. with its epicentre in Pazarcık district of Kahramanmaraş province, and
secondly, a 7.6 magnitude tremor at 1.24 p.m. with its epicentre in Elbistan district
of Kahramanmaraş province. These natural disasters affected an area of approximately
110,000 square kilometers and caused destruction in ten provinces of Türkiye and directly
affected around 13.5 million people.
The Republic of Türkiye is taking the required measures as prescribed by law, in line
with the national legislation and its international obligations. In this context,
on 8 February 2023 a State of Emergency was declared for a duration of three months
in Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye
and Şanlıurfa provinces in accordance with Article 119 of the Constitution and Article
3§1(a) of Law on State of Emergency (Law No. 2935). The Presidential Decision no.
6785 on the state of emergency was published on the Official Gazette on 8 February
2023. This decision was approved by the Grand National Assembly of Türkiye on 9 February
2023 and was published on the Official Gazette on 10 February 2023.
In view of the disaster threatening the life of the nation, it may be necessary for
the Government to take measures for the purposes of rescuing those struck by the disaster,
repairing the resulting damage and loss, ensuring more effective delivery of public
services, and protecting public order, safety and health, among others. The obligations
that may be imposed and the measures that may be taken in an emergency situation caused
by a natural disaster are prescribed in detail by Articles 5 to 9, 25(a) and 32 of
the Law on State of Emergency (Law no. 2935). The measures to be taken in this context
may involve derogation from the obligations under Articles 4§2, 8, 10, 11 of the Convention
and Articles 1 and 2 of Protocol No. 1, to the extent required by the exigencies of
the situation.
It is also possible, by virtue of Article 119 of the Constitution, to take additional
measures via a Presidential Decree on issues required by the state of emergency. In
the event the additional measures are taken in this context, further information will
be provided.
The Government will inform […], per Article 15 of the Convention, when such measures
have ceased to operate.
[…]
[Links to English translations of the relevant laws, Presidential Decision and Decision
of Approval of the Grand National Assembly of Türkiye are available at the website
of the Council of Europe, document JJ9457C, Tr./005-304.]
15-02-2023
[…]
In addition to the articles of the Convention referred to in [declaration Türkiye
of 13 February 2023], the measures to be taken in the field of judiciary, as stipulated
in Presidential Decree No. 120, may involve derogation from Articles 5 and 6§1 of
the Convention [...].
The measures to be taken in the field of health, as stipulated in Presidential Decree
No. 121, do not require any derogation.
[Links to Presidential Decree No. 120 and Descriptive Summaries of Presidential Decrees
Nos. 120 and 121 are available at the website of the Council of Europe, document JJ9458C,
Tr. 005-305.]
20-02-2023
[...]
The measures taken concerning public officials, as stipulated in Presidential Decree
No. 122, may involve derogation from Articles 4§2 and 8 of the Convention [...] .
The measures to be taken in the field of donation and aid, as stipulated in Presidential
Decree No, 124, do not require any derogation.
[Links to Presidential Decree No. 122 on measures taken concerning public officials
and Descriptive Summay of Presidential Decrees Nos. 122 and 124 are available at the
website of the Council of Europe, document JJ9463C, Tr. /005-307.]
12-05-2023
[Government of the Republic of Türkiye] would like to refer to […] the notices of
derogation by the Government of the Republic of Türkiye under Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“Convention”), following
the declaration of the State of Emergency on 8 February 2023 (Presidential Decision
No.6785).
[Government is] now informing […], as per Article 15/3 of the Convention, that on
9 May 2023, the State of Emergency ended as set by the Presidential Decision No. 6785
and the measures that were the subject of the notices of derogation ceased to operate.
Verenigd Koninkrijk
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.]