Vorbehalte und Erklärungen für Vertrag Nr.009 - Zusatzprotokoll zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 15/10/2019

Georgien

Declaration contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

Georgia declares, that due to the existing situation in Abkhazia and Tskhinvali region, Georgian authorities are unable to undertake commitments concerning the respect and protection of the provisions of the Convention and its Additional Protocols on these territories. Georgia therefore declines its responsibility for violations of the provisions of the Protocol by the organs of self-proclaimed illegal forces on the territories of Abkhazia and Tskhinvali region until the possibility of realization of the full jurisdiction of Georgia is restored over these territories.
In Kraft: 07/06/2002 -
Artikel betroffen : -

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 - and withdrawn by a letter from the Minister of Foreign Affairs of Georgia, dated 23 March 2006, registered at the Secretariat General on 28 March 2006 - Or.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.
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In Kraft: 03/03/2006 - 16/03/2006
Artikel betroffen : 1


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