Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 21/07/2017

Georgia

Derogation contained in a letter from the Minister of Foreign Affairs of Georgia, dated 2 March 2006, transmitted by the Permanent Representation of Georgia and registered at the Secretariat General on 3 March 2006 - Or. Engl. - and withdrawn by a letter from the Minister of Foreign Affairs of Georgia, dated 23 March 2006, registered at the Secretariat General on 28 March 2006 - Or. Engl.

In conformity with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, I have to inform you that the President of Georgia on 26 February 2006 has issued the Decree No. 173 on "State of Emergency in the Khelvachauri district" which has been approved by the Parliament of Georgia on 28 February 2006.

The Decree is aimed at preventing further spread throughout Georgia of H5N1 virus (bird flu) that has been recently detected in the district in question.

Due to the state of emergency, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Georgia avails itself of the right of derogation from Article 1 (Protection of Property) of Protocol to the Convention and Article 2 (Freedom of Movement) of Protocol No. 4.

The restrictions imposed upon by the Decree are fully in line with provisions of Article 21, paragraphs 2 and 3 (on the restrictions related to property rights) and Article 22, paragraph 3 (on the restrictions related to the freedom of movement) and Article 46 (on the restrictions related to constitutional rights and freedoms) of the Constitution of Georgia and respective provisions of the Law on the State of Emergency of Georgia.

You will be informed in due course when the above Decree is abolished.

[Note by the Secretariat: The letter from the Minister of Foreign Affairs of Georgia, dated 23 March 2006, reads as follows :"I have to inform you that the President of Georgia on 15 March 2006 has issued the Decree No. 199 on the "Abolishment of the State of Emergency in the Khelvachauri district" which has been approved by the Parliament of Georgia on 16 March 2006.
According to the above Decree, the Presidential Decree No. 173 of 26 February 2006 “On State of Emergency in the Khelvachauri district" has been declared null and void.
"]
Period covered: 03/03/2006 - 16/03/2006
Articles concerned : 15

Declaration contained in a letter from the Minister of Foreign Affairs of Georgia, dated 7 November 2007, registered at the Secretariat General on 9 November 2007 - Or. Engl. - and withdrawn by a letter from the Minister of Foreign Affairs of Georgia, dated 16 November 2007, registered at the Secretariat General on 19 November 2007 - Or. Engl.

On 7 November 2007, the President of Georgia applied his right under Articles 73(1.h) and 46(1) of the Constitution of Georgia and declared the fifteen-day State of Emergency on the whole territory of Georgia by the Order No.621, as envisaged by the Law of Georgia on the State of Emergency.

The decision was motivated by the attempted coup d'Etat. Due to the situation threatening the life of the nation as well as the necessity to avoid further disturbances in the country and ensure restoration of the rule of law and effective functioning of the government institutions, certain Constitutional rights of the citizens have been restricted by the Presidential Decree No. 1 "On the measures to be taken in relation to the State of Emergency declared on the whole territory of Georgia". In particular, the limitations have been imposed on the enjoyment of the rights under Article 24 (Freedom of Expression), Article 25 (Freedom of Assembly and Manifestation) and Article 33 (Right to Strike) of the Constitution of Georgia.

The Presidential Decree No. 1 "On the measures to be taken in relation to the State of Emergency declared on the whole territory of Georgia" shall be submitted to the Parliament of Georgia within the forty-eight hours (from 7 November 2007) for its approval. The Georgian legislation also envisages further regular Parliamentary supervision of its implementation.

The decision on the declaration of the State of Emergency was taken in full conformity with the Georgian legislation and the margin of appreciation given by Article 15 of the Convention on the Protection of Human Rights and Fundamental Freedoms. Namely, the exigencies of the situation were such that it clearly imperiled the normal operation of public policy and posed real and immediate danger to the well-being of the nation.

At the same time, the restrictions imposed serve legitimate aim to protect the national security and restore the ordre public and, at the same time, are strictly proportionate to those legitimate aims.

The Government of Georgia, being committed to its international obligations, assures the Council of Europe that the restrictions on the rights mentioned above will be applied in good faith and only within the margin of appreciation given to the States Parties by the Convention on the Protection of Human Rights and Fundamental Freedoms.

The Government of Georgia will keep the Council of Europe and its Secretary General informed about any further development on this issue.

Copies of the Presidential Order No.621 "On the Declaration of the State of Emergency", and of the Presidential Decree No. 1 "On the measures to be taken in relation to the State of Emergency declared on the whole territory of Georgia" follow.

Decree of the President of Georgia
On Measures to be Undertaken in Connection with Declaration of the State of Emergency on the Entire Territory of Georgia


1. In connection with the declaration of the state of emergency on the entire territory of Georgia, in accordance with the subparagraph h, paragraph 1 of Article 73, paragraph 1 of Article 46 of the Constitution of Georgia and paragraphs 3 and 4 of Article 2 of the Law of Georgia on the State of Emergency, on the entire territory of Georgia during the period of the state of emergency :

a. Articles 24, 25 and 33 of the Constitution of Georgia shall be restricted.
b. Receiving and free dissemination of information by all TV and radio broadcasters in verbal and written form, or by any other means shall be suspended.
c. Only public broadcasting of Georgia shall receive and disseminate information.

2. Within 48 hours, the Decree will be submitted to the Parliament of Georgia for approval.
3. The Decree is effective upon publication.

Order of the President of Georgia No. 621, 7 November 2007, Tbilisi
On the Declaration of the State of Emergency on the Entire Territory of Georgia


Situation in Tbilisi is extremely tense. An obvious attempt of the coup d'Etat, disobedience to the legitimate demands of the law enforcement authorities and violent resistance have taken place and acquired massive character.

Deriving from the existing reality, in order to avoid destabilisation and unrest, as well as to implement activities aimed at restoring law and order effectively, pursuant to the subparagraph h, paragraph 1 of Article 73 of the Constitution of Georgia and according to the Law of Georgia on the State of Emergency:

1. State of Emergency shall be declared on the entire territory of Georgia.
2. Duration of the State of Emergency shall be fifteen days.
3. Prime Minister of Georgia shall be tasked with the coordination of the activities to be implemented by the central and local governmental bodies during the state of emergency.
4. Order shall be published immediately by the means of mass media (public broadcasting) and it shall be aired once every two hours by the public broadcasting (within the next day).
5. Order shall be submitted for approval to the Parliament of Georgia within 48 hours.
6. Ministry of Foreign Affairs of Georgia (G. Bezhuashvili) shall notify immediately about the declaration of the state of emergency the Secretary General of the United Nations, the Secretary General of the Council of Europe, other relevant international organisations and the heads of the diplomatic missions accredited to Georgia.
7. Order is effective upon publication.
Period covered: 09/11/2007 - 16/11/2007
Articles concerned : 15


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.