Vorbehalte und Erklärungen für Vertrag Nr.046 - Protokoll Nr. 4 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten, durch das gewisse Rechte und Freiheiten gewährleistet werden, die nicht bereits in der Konvention oder im ersten Zusatzprotokoll enthalten sind

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 07/03/2021

Aserbaidschan

Withdrawal of Derogation, contained in the Note verbale No. 5/11-4331/01/20 from the Ministry of Foreign Affairs of the Republic of Azerbaïjan, registered at the Secretariat General on 15 December 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Secretary General of the Council of Europe and with reference to its Note Verbal 5/11-3283/01/20 of 28 September 2020, has the honour to inform that martial law throughout the country was lifted starting from 00:00 on 12 December 2020 by the Decree of the President of the Republic of Azerbaijan dated 7 December 2020, approved by the Decision of the Milli Majlis (Parliament) of the Republic of Azerbaijan.

Pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of Azerbaijan declares that situation which necessitated a derogation from certain obligations under the Convention ceased to exist and 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 are again being fully executed.

The Ministry kindly requests to consider this communication as a notification on termination of the derogation in accordance with Article 15 (3) of the Convention.
In Kraft: 15/12/2020 -
Artikel betroffen : 1

Derogation contained in the Note verbale No. 5/11-3283/01/20 from the Ministry of Foreign Affairs of Azerbaijan, dated 28 September 2020, registered at the Secretariat General on 28 September 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Secretary General of the Council of Europe and 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 for the Protection of Human Rights and Fundamental Freedoms, 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 for the Protection of Human Rights and Fundamental Freedoms, 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 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 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.

Annex

1.     Decree No. 1166 dated September 27, 2020 of the President of the Republic of Azerbaijan on declaration of martial law.
2.     Decision dated September 27, 2020 of the Milli Majlis (Parliament) of the Republic of Azerbaijan on approval of the Presidential Decree on martial law.
3.     Extracts from the Law of the Republic of Azerbaijan “On martial law” (Article 10) 530-VQ dated February 14, 2017.
In Kraft: 28/09/2020 - 15/12/2020
Artikel betroffen : 2

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
In Kraft: 15/04/2002 -
Artikel betroffen : -


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