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 06/03/2021

Georgien

Communication contained in the Note Verbale No. 24/1 from the Permanent Representation of Georgia, dated 1 January 2021, registered by the Secretariat General on 1 January 2021 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and 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 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 29 December 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.

Link to the annexes

- Law of Georgia – Amendments to the “Law on Public Health”.
- Law of Georgia – Amendments to the Criminal Procedure Code of Georgia.
In Kraft: 01/01/2021 -
Artikel betroffen : 2

Communication contained in the Note Verbale No. 24/18596 from the Permanent Representation of Georgia, dated 15 July 2020, registered by the Secretariat General on 15 July 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and 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.

Link to the annexes (English only):
. Law of Georgia – Amendments to the “Law on Public Health”.
. Law of Georgia – Amendments to the Criminal Procedure Code of Georgia.
In Kraft: 15/07/2020 -
Artikel betroffen : 2

Communication contained in the Note Verbale No. 24/13560 from the Permanent Representation of Georgia, dated 25 May 2020, registered by the Secretariat General on 25 May 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and 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. 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.

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 to the Council of Europe shall inform the Secretary General of the Council of Europe when these measures cease to operate.

Link to the annexes (English only)

. Law of Georgia – Amendments to the “Law on Public Health”.
. Law of Georgia – Amendments to the Criminal Procedure Code of Georgia.
In Kraft: 25/05/2020 -
Artikel betroffen : 2

Communication contained in the Note Verbale No. 24/11396 from the Permanent Representation of Georgia, dated 22 April 2020, registered by the Secretariat General on 23 April 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and in addition to its Note No. 24/9861, dated 21 March 2020 and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honour to inform the Secretary General of the Council of Europe 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 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 Emergency and shall notify the Secretary-General when these measures have ceased to operate.

The Permanent Representation of Georgia to the Council of Europe attaches to this Note the unofficial translations of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia and the Resolution N5866 of the Parliament of Georgia of 22 April 2020 on the approval of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia.

Link to the annexes

. Order of President of Georgia N2 of 21 April 2020 on the Declaration of State of Emergency in the Entire Territory of Georgia.
. Resolution of the Parliament of Georgia of 22 April 2020 on the Approval of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia.
In Kraft: 23/04/2020 -
Artikel betroffen : 2

Derogation contained in a Note verbale from the Permanent Representation of Georgia, dated 21 March 2020, registered at the Secretariat General on 23 March 2020 – Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and 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.

Unofficial translation
The Order of the President of Georgia N1 of 21 March 2020
On the Declaration of State of Emergency in the Entire Territory of Georgia
Considering the announcement of the new Coronavirus (COVID-19) pandemic by the World Health Organization on March 11, 2020, in light of the Coronavirus (COVID-19) mass spread and pandemic readiness announced by the World Health Organization and the growing challenge our country is facing, to normalize the situation so that the State fulfils its constitutional obligation - the necessary public safety in a democratic society to be ensured and the potential threat to the life and health of the country's population to be reduced, according to Paragraph 2 of Article 71 of the Constitution of Georgia and Paragraph 1 of Article 2 of the Law of Georgia on State of Emergency:

1. The State of Emergency to be declared in the entire territory of Georgia.
2. The State of Emergency shall remain into force until 21 April 2020.
3. The Order to be immediately passed to the Prime-Minister for co-signature.
4. The Order co-signed by the Prime-Minister of Georgia shall be immediately made public through all available media and its content shall be transmitted throughout the day.
5. The Order co-signed by the Prime-Minister of Georgia shall be immediately presented to the Parliament of Georgia for approval.
6. The Ministry of Foreign Affairs of Georgia should immediately notify the Secretary-General of the United Nations on the declaration of the State of Emergency in Georgia.
7. The Order is in force from the moment of its declaration.

The President of Georgia (signed and sealed) Salome Zourabichvili
The Prime-Minister of Georgia (signed) Giorgi Gakharia

Unofficial translation
Decree of the President of Georgia N1 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


Article 1. In connection with declaration of the State of Emergency in the entire territory of Georgia, in view of the massive spread of the new coronavirus (COVID-19), of the readiness to battle the pandemic declared by the World Health Organization and of the growing challenge the country is facing, in order for the State to fulfil its constitutional obligation, to ensure the necessity of public safety in a democratic society, reduce the threat to the life and health of the country's population and to manage the situation, in accordance with Paragraphs 3 and 4 of Article 71 of the Constitution of Georgia and Paragraphs 3 and 4 of Article 2 of the Law of Georgia on Emergency, the rights envisaged in Articles 13, 14, 15, 18, 19, 21 and 26 of the Constitution of Georgia shall be to restricted and limited for the whole period of the State of Emergency in the entire territory of Georgia:

1. Article 13 of the Constitution of Georgia:
Relevant agencies authorized by the legislation of Georgia shall be entitled to transfer any person for breach of the rules of isolation or quarantine established by the Government of Georgia to a special place designated by the Government of Georgia.
2. Article 14 of the Constitution of Georgia:
     a) The Government of Georgia shall be authorized to lay down rules on isolation and quarantine.
     b) All international passenger air, land and sea traffic shall be stopped, except as otherwise provided by the Decree of the Government of Georgia.
     c) The Government of Georgia shall be authorized to regulate passengers and freight transportation on the territory of Georgia in a manner different from the legislation of Georgia.
3. Article 15 of the Constitution of Georgia:
All the rights related to visiting the penitentiary institutions under the Code of Imprisonment shall be suspended.
4. Article 18 of the Constitution of Georgia:
The Government of Georgia should be authorized to establish by the Resolution the different rules from the current legislation of Georgia for the performance of public services and administrative proceedings.
5. Article 19 of the Constitution of Georgia:
The Government of Georgia shall be authorized, in case of necessity, to restrict property rights and to use the property of natural persons and legal entities for quarantine, insulation and medical purposes in accordance with the rules established by it.
6. Article 21 of the Constitution of Georgia:
Any kind of assembly, manifestation and gathering of people shall be restricted, except as otherwise provided by the Decree of the Government of Georgia.
7. Article 26 of the Constitution of Georgia:
     a) Private law entities shall be prohibited, restricted, or tasked to perform certain activities by the Decree of the Government of Georgia in accordance with the procedures provided in the same regulation.
     b) Special regulations for protection of sanitary and hygienic rules by natural persons, legal entities and public institutions, shall be specified by the Decree of the Government of Georgia.
     c) The Government of Georgia in case of necessity shall ensure regulation of prices for medicines, services and primary/essential products of importance to human life and health.
     d) The Government of Georgia should be authorized to establish different rules and terms from the current laws of Georgia on "Early and Preschool Education", “General Education”, “Professional Education”, Special Professional Education”, “Higher Education”.
     e) The Government of Georgia shall be authorized to mobilize persons with appropriate medical education and qualifications in accordance with the procedure established by the Resolution of the Government of Georgia.
Article 2. The percentage limitations envisaged by Paragraphs 3 and 4 of Article 31 of the Budget Code of Georgia should be suspended for the whole duration of the State of Emergency.
Article 3. The Government of Georgia shall be entitled to increase the maximum amount of the Reserve Fund up to 5% of the total allocations of the 2020 State Budget.
Article 4. The Government of Georgia shall be entitled to use the exceptional rights envisaged by Paragraph 7 of Article 2 of the Organic Law of Georgia on the Economic Freedom, also, if necessary to submit to the Parliament of Georgia the Emergency Budget in accordance with Article 32 of the Budget Code of Georgia.
Article 5. Georgian Government shall be authorized to suspend the power to spend appropriations of the State budget, republic budgets of the autonomous republics and budget of municipalities, in accordance with the budget classification codes and provisions, as well as to suspend or limit state procurements in accordance with the unified procurement codes (CPV).
Article 6. The Minister of Justice of Georgia is hereby authorized to regulate the regime defined by the law to be observed by conditionally sentenced person and person released on parole. The Minister is also authorized to regulate the schedule of those persons established by the probationary officer in a different manner than it is defined by legislation of Georgia.
Article 7. Court sessions under the Criminal Procedural legislation of Georgia may be held remotely using the electronic means. In such cases, party to the case has no right to deny conduct of remote session while requesting direct participation in it.
Article 8. Every individual and legal entity is obliged to observe the State of Emergency regime. Any breach of the State of Emergency regime defined by this Decree and the Decision of the Government of Georgia shall result in:
     1. Administrative responsibility – fine for individuals amounting to 3000 GEL, fine for legal entities amounting to 15000 GEL.
     2. Recurrence of the same activity by the person already held responsible according to administrative regulations shall result in criminal responsibility, in particular, with imprisonment for a term of 3 years. Same action committed by the legal entity shall be punishable by the deprivation of the right to or carry out activities or by liquidation and fine.
Article 9. Responsibility prescribed in Article 8 shall be imposed by persons designated in the decision of the Government of Georgia in compliance with the rules envisaged in the legislation of Georgia.
Article 10. The law enforcement agencies shall apply coercive measures stipulated by the legislation of Georgia in order to protect the regime established during the State of Emergency.
Article 11. The Decree shall be submitted to the Parliament of Georgia for approval immediately after the Prime Minister's signature.
Article 12. The Decree is effective from the moment of its publication and is effective until the State of Emergency is lifted.

The President of Georgia (signed and sealed) Salome Zourabichvili
The Prime-Minister of Georgia (signed) Giorgi Gakharia

Unofficial translation
[Seal of the Parliament of Georgia]
Resolution 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


The Parliament of Georgia,
Pursuant to Article 71, paragraphs 2 and 7 of the Constitution of Georgia, Article 2, paragraph 1 of the Law of Georgia on the State of Emergency and Article 83, paragraphs 2 and 4 of the Rules of Procedure of the Parliament of Georgia,
Declares:

1. 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 is hereby approved.
2. This resolution is effective upon its adoption.

Signed by the Chairperson of the Parliament of Georgia
Mr. Archil Talakvadze
Tbilisi
21 March 2020
N5864-ss.

Unofficial translation
[Seal of the Parliament of Georgia]
Resolution 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


The Parliament of Georgia,
Pursuant to Article 71, paragraphs 3, 4 and 7 of the Constitution of Georgia, Article 2, paragraphs 3 of the Law of Georgia on the State of Emergency and Article 83, paragraph 2 of the Rules of Procedure of the Parliament of Georgia,
Declares:

1. 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 is hereby approved.
2. This resolution is effective upon its adoption.

Signed by the Chairperson of the Parliament of Georgia
Mr. Archil Talakvadze
Tbilisi
21 March 2020
N5865-ss.
In Kraft: 23/03/2020 -
Artikel betroffen : 2

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.
"]
In Kraft: 03/03/2006 - 16/03/2006
Artikel betroffen : 2


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