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

Events between 01/01/2020 and 22/03/2020

Armenia

Derogation contained in a Note verbale from the Permanent Representation of the Republic of Armenia, dated 19 March 2020, registered at the Secretariat General on 19 March 2020 – Or. Engl., and withdrawn in a Note verbale from the Permanent Representation of Armenia, dated 16 September 2020, registered at the Secretariat General on 16 September 2020 - Or. Engl.

The Permanent Representation of the Republic of Armenia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and 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 (English translation of the Decision is attached herewith).

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.

THE GOVERNMENT OF THE REPUBLIC OF ARMENIA
DECISION

16 March 2020, 298-N
ON DECLARING A STATE OF EMERGENCY IN THE REPUBLIC OF ARMENIA

Taking into account the cases of spread of the novel coronavirus disease (COVID-19, hereinafter referred to as "infection") in the world and in the Republic of Armenia, and the fact that the Director General of the World Health Organisation, in his announcement of 13 March 2020, has characterised this infection as pandemic;

based on the fact that the epidemic situation created as a result of spread of the infection in the Republic of Armenia, predominantly, in the city of Vagharshapat of the Republic of Armenia, as an emergency situation resulting from the epidemic, poses a threat to the life and health of the population and may result in the disruption of the normal living conditions of persons;

based on the principle of priority of securing the life and health of people in such an emergency situation, as well as the necessity to take special sanitary and preventive and quarantine measures for the protection of the population, preservation of the health of the population and improvement of the state of health thereof in the conditions of prevention of the epidemic, epidemic situation, to introduce special conditions and regime for prevention of spread of the infection and elimination thereof, as well as the necessity to organise and implement preventive activities and measures for the protection of the population in a timely, due, efficient and effective manner;

taking into account that other circumstances essentially contribute or may contribute to the spread of the infection, and may hinder the prevention, including the entry of potentially infected persons from the countries with high rates of infected population into the Republic of Armenia, free movement of persons within the territory of the Republic of Armenia, participation in public events, failure to undergo relevant preventive measures, and in case of existence of symptoms - failure to undergo a medical examination;based on the fact that Article 120 of the Constitution of the Republic of Armenia authorises the Government of the Republic of Armenia to declare a state of emergency in the country in the event of an imminent danger posed to the constitutional order, and the fact that the massive spread of the infection threats the life and health of people, and such an emergency situation may be an imminent threat posed to the constitutional order, by jeopardising the component of the social state of the constitutional order, prescribed by Article 1 of the Constitution of the Republic of Armenia; and taking into account the constitutional status of the human being as the highest value, prescribed by Article 3 of the Constitution of the Republic of Armenia, which obliges the State to take measures for the protection of the life and health of individuals;

noting that, given the boundaries of the spread of the infection and increase in the number of infected persons, the implementation of appropriate preventive activities and measures and the protection of the life and health of persons as a result thereof will not be possible to ensure without restricting the fundamental rights and freedoms of the human being and the citizen guaranteed by the Constitution of the Republic of Armenia, in particular, personal liberty (Article 27), right to freedom of movement (Article 40), freedom of assembly (Article 44), right of ownership (Article 60), and without temporarily suspending and additionally restricting — as the situation requires and as prescribed by law — other rights and freedoms subject to restriction by the Constitution of the Republic of Armenia during the state of emergency;

and guided by Article 76, part 1 of Article 120 of the Constitution of the Republic of Armenia and Articles 1, 3, 4 and 8 of the Law "On legal regime of state of emergency", the Government of the Republic of Armenia decides:

1. To declare a state of emergency in the whole territory of the Republic of Armenia for a period from 16 March 2020, 18:30, to 14 April 2020, 17:00.
2. To establish a commandant's office (hereinafter referred to as "Commandant's Office") for the purpose of jointly managing the forces and means ensuring the legal regime of the state of emergency. For the management of the Commandant's Office, to appoint Deputy Prime Minister of the Republic of Armenia Tigran Avinyan as Commandant (hereinafter referred to as "the Commandant").
3. The Commandant's Office shall, ex officio, be composed of the Minister of Emergency Situation of the Republic of Armenia, the Minister of Healthcare of the Republic of Armenia, the Minister of Economics of the Republic of Armenia, the Minister of Territorial Administration and Infrastructures of the Republic of Armenia, the Head of the State Revenue Committee of the Republic of Armenia, the Head of the Police of the Republic of Armenia, the Director of the National Security Service of the Republic of Armenia, Deputy Chief of Staff of the Prime Minister of the Republic of Armenia, Head of the Bureau for Co-ordination of Inspectorates of the Staff of the Prime Minister of the Republic of Armenia, the Head of the Healthcare and Labour Inspectorate of the Republic of Armenia and the Head of the Food Safety Inspectorate of the Republic of Armenia.
4. The support to the activities of the Commandant's Office shall be ensured by the Staff of the Prime Minister of the Republic of Armenia and the Office of Deputy Prime Minister of the Republic of Armenia Tigran Avinyan.
5. Representatives of state bodies, organisations, the Staff of the Prime Minister of the Republic of Armenia, heads of bodies subordinate to the Ministry, marzpets of the Republic of Armenia, heads of communities may, upon the invitation of the Commandant, participate in the activities of the Commandant's Office.
6. The instructions of the Commandant shall be binding for the members of the Commandant's Office, heads and representatives of the bodies of the State administration system, as well as the Police and National Security forces that are used to ensure the legal regime of the state of emergency.
7. To establish, according to the Annex, the measures and temporary restrictions on rights and freedoms applied during the state of emergency, the means ensuring the legal regime of the state of emergency.
8. To prescribe that the measures and temporary restrictions on the rights and freedoms applied within the framework of the state of emergency shall, taking into consideration the principle of proportionately, be applied in the whole territory of the Republic of Armenia or within territories determined by the Commandant's Office. For the purpose of ensuring the implementation of measures and the application of the temporary restrictions on the rights and freedoms within the framework of the state of emergency, the forces and means of the State authorised bodies of the Police and the National Security ensuring the legal regime of the state of emergency shall be involved upon the instruction of the Commandant.
9. This Decision shall enter into force upon its promulgation.
N. PASHINYAN
PRIME MINISTER OF THE REPUBLIC OF ARMENIA
16 March 2020
Yerevan.

Annex to Decision of the Government of the Republic of Armenia No 298-N of 16 March 2020

MEASURES APPLIED DURING THE STATE OF EMERGENCY DECLARED IN THE REPUBLIC OF ARMENIA ON 16 MARCH 2020, TEMPORARY RESTRICTIONS ON RIGHTS AND FREEDOMS, AND MEASURES ENSURING THE LEGAL REGIME OF STATE OF EMERGENCY

I. RESTRICTIONS ON THE RIGHT OF PERSONS TO FREE MOVEMENT AND MOVEMENT OF VEHICLES (SPECIAL REGIME OF MOVEMENT), AND INSPECTIONS THEREOF

1. A special procedure for entry (exit) of persons, vehicles, transportation of cargo, other property and animals, location and movement of persons and vehicles shall be prescribed for all check points of the state border of the Republic of Armenia (hereinafter referred to as “check point”), according to this Annex.
2. Entry — through check points — into the territory of the Republic of Armenia of citizens of the Republic of Armenia and their family members who are not a citizen of the Republic of Armenia, persons that are not a citizen of the Republic of Armenia but have the right to reside in the Republic of Armenia upon lawful grounds shall be permitted. Entry — through check points — into the territory of the Republic of Armenia of persons not having citizenship of the Republic of Armenia, who enter into the territory of the Republic of Armenia from countries (territories) included in the list of countries (territories) having a tense epidemiological situation, prescribed upon the decision of the Commandant, or have been in those countries (territories) within 14 days prior to the entry, shall be prohibited, except for:
     (1) representatives of diplomatic representations, consular offices and international organisations, and their family members;
     (2) cases when, upon the decision of the Commandant, taking into account the epidemiological situation in those countries (territories), entry of persons from countries (territories) included in the list of countries (territories) provided for by this point is permitted;
     (3) in other special cases, upon the decision of the Commandant.
3. Exit of citizens of the Republic of Armenia through check points of the land border shall be prohibited, except for persons carrying out the transportation of goods, and where exports have not been prohibited as prescribed by point 18 of this Annex.
4. The restrictions provided for by points 2 and 3 of this Chapter shall not extend to persons arriving in the Republic of Armenia at the moment of declaring state of emergency, on the condition that they enter into the territory of the Republic of Armenia before 17 March 2020.
5. After the entry of persons into the territory of the Republic of Armenia through the check point, a special examination for revealing symptoms of the infection shall be immediately conducted; hospitalisation, isolation (self-isolation) and/or other restricting measures shall be implemented in case of existence of symptoms. In case of refusal to undergo medical examination, hospitalisation, isolation (self-isolation) and/or other restricting measures after the entry of persons — through the check point — into the territory of the Republic of Armenia, persons may be temporarily isolated in specific places prescribed by the Commandant, for the purpose of check-up, treatment, and prevention of the spread of the infection.
6. Persons having arrived from the countries listed, upon the directive of the Minister of Healthcare of the Republic of Armenia, as having a tense epidemiological situation, must be transferred to specially designated quarantine places, or they may be ordered to go into self-isolation. Self-isolation is the separation of the patient or persons having contacted with the patient (contactees) in the places of the permanent residence thereof or in another places upon their preference, for the purpose of limiting the immediate contact with other persons and preventing the spread of the infection.
7. Upon the instruction of the Commandant, the following restrictions may be applied within the administrative borders of a particular community (communities) of the Republic of Armenia:
     (1) a special regime for entering into the administrative border and exiting the administrative borders of the community, except for cases of supply of essential goods, items, food, medications, fuel, as well as entries and exits made based on the need to eliminate the circumstances having served as a ground for declaring state of emergency and resolving other urgent issues, upon the instruction of the Commandant;
     (2) isolation (self-isolation) of persons in the places of permanent residence thereof or in other places upon their preference, regulation of free movement, and exercise of necessary control over them;
     (3) implementation of sanitary hygienic and anti-epidemiological measures in places of permanent residence or places of location of persons;
     (4) in case of a suspicion on existence of the infection with persons, or detection thereof, transfer of persons to specially designated quarantine places or institutions providing medical assistance and service;
     (5) inspection of vehicles, prohibition on their entry and exit.
8. Implementation of measures deriving from the special regime for entering into the administrative border and leaving the territory of the relevant community shall be ensured by relevant subdivisions of the Police of the Republic of Armenia (hereinafter referred to as “the Police”), representatives of the Ministry of Healthcare of the Republic of Armenia, the Ministry of Emergency Situation of the Republic of Armenia, the Healthcare and Labour Inspectorate of the Republic of Armenia, the Food Safety Inspection Inspectorate of the Republic of Armenia, the marzpetarans and the municipalities, and, upon the instruction of the Commandant, other bodies of the state administration system as well.
9. Special check points and inspection points may be placed for ensuring the implementation of the special regime. Medical control and examination in check points and inspection points may be conducted by persons providing medical assistance and services (medical staff), representatives of the Ministry of Healthcare of the Republic of Armenia, the Healthcare and Labour Inspectorate of the Republic of Armenia, the Food Safety Inspectorate of the Republic of Armenia, and other bodies of the state administration system. Maintenance of safety and the regime in check points and inspection points shall be ensured by the Police of the Republic of Armenia.

II. RESCTRICTIONS ON THE RIGHTS TO PROPERTY OF PERSONS

10. The property of natural and legal persons, including medicine, medical items and other materials, may be used — in cases and as prescribed by the Commandant — for the purpose of ensuring the regime of state of emergency, and they shall have the right to receive equivalent compensation.

III. RESTRICTIONS IN SEPERATE INSTITUTIONS

11. In penitentiary institutions and arrest facilities, the following shall be prohibited:
     (1) receiving and sending deliveries, parcels and packages;
     (2) having visits (except for video calls);
     (3) organising religious rites and participating therein.
12. In penitentiary institutions, upon recommendation of the penitentiary institution and upon the instruction of the Commandant, the following may be respectively restricted or prohibited:
     (1) walks;
     (2) being within and outside the territory of the penitentiary institution (including short-term leave), moving within the territory;
     (3) upon the instruction of the Commandant — other activities.
13. In institutions providing social services to elders, carrying out childcare and protection, as well as in psychiatric institutions, the following shall be prohibited:
     (1) receiving and sending deliveries, parcels and packages;
     (2) having visits (except for video calls);
14. In the military units of the Ministry of Defence of the Republic of Armenia, the following shall be prohibited:
     (1) receiving and sending deliveries, parcels and packages;
     (2) having visits (except for video calls);
     (3) leave of the compulsory military servants of the staff of rank and file and junior non-commissioned officers;
     (4) upon the instruction of the Commandant — other activities.
15. The restrictions prescribed by points 11-13 of this Chapter shall not apply to the visits made to the relevant places by the competent persons and bodies, including, but not limited to the Human Rights Defender and his authorised representative, deputies of the National Assembly of the Republic of Armenia, observation groups and advocates, with regard to the exercise of their powers and functions prescribed by law.

IV. RESTRICTIONS AND PROHIBITIONS ON ASSEMBLIES AND PUBLIC EVENTS

16. Organising and holding assemblies and strikes as well as participating therein shall be prohibited in the whole territory of the Republic of Armenia.
17. Organising, holding and participating in public events in the territories prescribed by the decision of the Commandant shall be prohibited. Within the meaning of this point, public events shall be the following events with the participation of 20 and more persons:
     (1) concerts, exhibits, shows, theatrical performances and other sports, cultural, educational events;
     (2) recreational events;
     (3) festive and commemorative events, including, but not limited to birthday (anniversary), wedding (engagement), burial events;
     (4) other events qualified as public events upon the instruction of the Commandant.

V. RESTRICTIONS ON TRANSPORTING GOODS FROM THE REPUBLIC OF ARMENIA

18. The State Revenue Committee may, upon the decision of the Commandant, restrict the export of certain goods or their separate consignments from the Republic of Armenia, including to the EAEU countries, or the import thereof into the Republic of Armenia.
9. Other restrictions on land and air communication across the border of the Republic of Armenia may be applied upon the decision of the Commandant.

VI. RESTRICTIONS ON SEPERATE TYPES OF ECONOMIC ACTIVITIES AND PROVISION OF SERVICES, ACTIVITIES OF EDUCATIONAL INSTITUTIONS

20.The activities of public catering facilities, multifunctional trade and entertainment centres shall be prohibited in particular communities upon the instruction of the Commandant.
21. In the whole course of the state of emergency, the educational process in state, community and non-state institutions of general education (including pre-school), primary vocational (handicraft) education, secondary vocational and higher educational institutions, organisations carrying out extracurricular upbringing (child and youth creative and aesthetic centres, musical, drawing and art schools, clubs, sports schools, recreation camps and other organisations carrying out extracurricular upbringing), as well as in international educational institutions operating in the Republic of Armenia, except for distance learning, shall be terminated. The restriction prescribed by this point shall not apply to the military educational institutions.
22. The organisations holding a licence for medical assistance and service (irrespective of the form of ownership) shall provide the medical assistance and service based on the instructions of the Ministry of Healthcare of the Republic of Armenia.

VII. PROHIBITIONS OF SEPERATE PUBLICATIONS, REPORTS THROUGH THE MASS MEDIA

23. Public dissemination, transfer of publications, information materials, interviews, reports (hereinafter referred to as “report”) on the current and new cases of infection having had in the Republic of Armenia, as well as outside the Republic of Armenia, state of health of persons, sources of infection, scope of other persons having contacted with already infected or potentially infected persons, number of persons undergoing examination (infection testing) and those having been isolated, as well as on the information causing panic or containing risk of creating a panic situation, including in the form of their publication on the internet websites and social networks, shall be carried out by natural and legal persons, including the mass media, exclusively by making reference to the information provided by the Commandant's Office (hereinafter referred to as “official information”).
24. The reports envisaged by point 23 of this Procedure must not contradict the official information and shall reproduce it as far as possible.
25. The restrictions prescribed by this Chapter shall not be applied to the reports made by state officials or the references made to their reports.
26. Reports made in violation of the provisions prescribed by this Chapter shall be subject to immediate removal by persons having made them.

CHIEF OF STAFF TO THE PRIME MINISTER OF THE REPUBLIC OF ARMENIA
E. AGHAJANYAN
Period covered: 19/03/2020 - 11/09/2020
Articles concerned : 15


Estonia

Derogation contained in a Note verbal from the Permanent Representation of Estonia to the Council of Europe, dated 20 March 2020, registered at the Secretariat General on 20 March 2020 - Or. Engl., and withdrawn by the Note Verbale No. 1-16/10 of the Permanent Representation of Estonia, dated 16 May 2020, registered at the Secretariat General on 16 May 2020 – Or. Engl.

The Permanent Representation of Estonia 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 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.

Appendix 1: 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

Appendix 2: Orders No. 26, 29, 30, 32, 34 and 35 issued by the Prime Minister as the person in charge of emergency situation

Appendix 3: Recommendations of the Council for Administration of Courts on the administration of justice during the emergency situation
Period covered: 20/03/2020 - 18/05/2020
Articles concerned : 8, 6, 5, 15, 11


Latvia

Derogation contained in a Note Verbale from the Permanent Representation of Latvia, dated 15 March 2020, registered at the Secretariat General on 16 March 2020 – Or. Engl., and withdrawn in the Note Verbale No. EP-10469 of the Permanent Representation of Latvia, dated 9 June 2020, registered at the Secretariat General on 10 June 2020 – Or. Engl.

The Permanent Representation of Latvia 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 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 (1) 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 (2), 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.

Cabinet Order No. 103 as amended on 13 March 2020 and 14 March 20230)
On the Declaration of Emergency Situation

In the light of the statement by the World Health Organization of 11 March 2020 that COVID-19 has been confirmed as pandemic and based on Section 4, Paragraph one, Subclause ‘e’ of the Civil Protection and Disaster Management Law, and Section 4, Section 5, Paragraph one, Section 6, Paragraph one, Clause one and Paragraph two, Section 7, Paragraph one and Section 8 of the Law on Emergency Situation and State of Exception and Section 3, Paragraph two of the Epidemiological Safety Law, in order to determine the epidemiological safety and other measures:

1. Emergency situation shall be declared throughout the national territory from the moment of the adoption of decision until 14 April 2020, with a view to restrict the spread of COVID-19 during the validity of emergency situation.

2. The Ministry of Health shall be appointed as a responsible authority for coordinating the activities during the emergency situation.

3. The relevant responsible authorities shall be determined as co-responsible authorities in line with their competence.

4. During the emergency situation:

4.1. the state and local government institutions shall assess and ensure, as far as possible, the remote provision of on-site services.

4.2. pre-school education institutions and institutions that ensure childcare services shall ensure the work of on-duty groups so that in the event of necessity the provision of pre-school services can be ensured to parents who cannot ensure childcare themselves. In order to attend pre-school educational institutions, parents shall submit a written statement to the pre-school educational institution once a week informing that the child and family have not visited any foreign country over the past 14-day period and have not been in contact with COVID-19 affected persons, and parents do not have any other possibility of providing childcare.

4.3. on-site learning shall be suspended in all educational establishments and remote training shall be ensured. The State centralised examinations shall be suspended, ensuring the examination in foreign languages during the period from 12 May to 15 May 2020.

4.4. all types of on-site extramural education process shall be suspended, including in all cultural, sports vocational and interest-related education programmes (trainings, competitions and rehearsals);

4.5. public gatherings for festivals, remembrance, entertainment, culture, sports, and recreation (including at night clubs and discotheques), public meetings, marches and rallies (in accordance with definitions provided in the Law On Public Meetings, Marches, and Demonstrations) as well as religious activities and gatherings shall be cancelled and prohibited regardless of the number of participants thereof.
Ad hoc gatherings at particular venues, including those related to culture, entertainment, sports, and religion, shall be restricted to no more than fifty persons. The opening hours of cultural, entertainment, sports, and recreational venues shall be determined to be no later than 23.00.

4.6. the tourism service providers, as far as possible, shall have to offer to postpone and not plan tourism trips to COVID-19 affected countries and areas, where special precautionary measures are required after returning, in accordance with the information published on the website of the Centre for Disease Prevention and Control.

4.7. business trips and missions to the countries and territories affected by COVID-19, where special precautionary measures are required after returning, shall be cancelled, postponed and not planned, as far as possible, in accordance with the information published on the website of the Centre for Disease Prevention and Control.

4.8. it shall be ensured that persons with symptoms of acute respiratory infection are not employed in work involving potential risks to the health of other people (in accordance with Cabinet Regulation no. 477 Regulations regarding Work Involving Potential Risks to Health of Other People, and Procedures for Carrying out Mandatory Health Checks of 24 July 2018).

4.9. health institutions, social care institutions and places of deprivation of liberty shall restrict visits of third persons, except with a permit of the head of institution with a view to provide the core functions.

4.10. the rights of prisoners provided by law may be restricted in accordance with the decision of the Head of the Prison Administration, including by envisaging a possibility of establishing a procedure for conditional release of convicted persons prior to the completion of the sentence, conducted by prisons and the State Probation Service, as well as prolongation the term of its execution;

4.11. the individuals shall be called on to refrain from foreign trips.

4.12. persons and contact persons who have returned from the COVID-19 affected country or territory shall take special precaution measures, including:

4.12.1. the state of health shall be monitored for 14 days after leaving that country or territory by measuring the body temperature twice a day (in the morning and in the evening).
4.12.2. emergency line 113 shall be called immediately in case of any signs of acute respiratory infection (rhinitis, cough, throat inflammation, increased body temperature, respiratory problems).
4.12.3. shall perform self-isolation in the place of residence (home quarantine) and shall be reachable for communication and cooperation with a family doctor and other medical staff. These requirements shall not apply to employees of transport and passenger transport service providers who return from business trips and missions if they do not have any signs of acute respiratory infection and have not been identified as contact persons;
4.12.4. the state of health shall be monitored.
4.12.5. shall not be expose other persons to the risk of infection, by seeking to reduce direct contacts with other people (not to receive guests, avoid public places, institutions and not to have private visits, etc.);
4.12.6. shall stay in place of residence and not go to work, public places, places with a large number of people, not use public transport as far as possible.
4.12.7. shall use one of the following options for purchasing essential goods or food:

4.12.7.1. home supply by avoiding contact with the supplier;
4.12.7.2. the supply of food or goods with the help of relatives who leave them at the door;
4.12.7.3. assistance of the social service of the local government shall be sought by avoiding direct contact with the social worker;
4.12.7.4. in the absence of any other solution, an individual shall visit the shop with a medical mask at the time when there are fewer people in the shop, by keeping a distance of two metres from the shop's visitors and vendors and observing the hand and cough hygiene.

4.13. enterprises in which the Ministry of Health has ownership, the State Emergency Medical Service and the medical of in-patient clinical facilities, first responders of the State Medical Emergency Service that are not medical professionals, as well as the Centre for Disease Prevention and Control, the State Revenue Service, and the personnel of the Ministry of Defence and the Ministry of Foreign Affairs, shall be permitted to allow for over-time work in accordance with the Labour Law that does not exceed 60 hours per week. Personnel of the Ministry of Health shall be paid for over-time work that is necessary through additional funding upon request from the State budget programme “Funding for unforeseen circumstances”. The Ministry of Health shall request the additional financial resources required to pay for over-time work from the State budget programme “Funding for unforeseen circumstances”.

4.14. enterprises, the State Emergency Medical Service, the Provision State Agency, the State Police, the State Fire and Rescue Service, the State Border Guard, the Ministry of Interior’s Information Centre, the State Revenue Service, the Ministry of Foreign Affairs and the Ministry of Defence shall be permitted not to apply the Law on Public Procurement for goods and services in the process of ensuring supplies necessary for mitigating and preventing the spread of COVID-19 and in order to provide the appropriate medical treatment and organise measures and actions in this regard. Ministries shall make estimates of the additional resources required to pay for the said deliveries and request them from the state budget programme “Funding for unforeseen circumstances”.

4.15. the responsible ministries shall restore material reserves of the State and organise the purchase of additional goods to ensure the implementation of national and health measures, by exceeding, if necessary, the amounts specified in the State Material Reserves nomenclature. The ministries shall keep registers of the additional financial resources needed to cover the costs of the aforementioned acquisitions and request them from the State budget programme “Funding for unforeseen circumstances”;

4.16. international passenger transport through airports, ports, by bus and rail transport, other than passenger transport by State aircraft and military transport, shall be cancelled from 17 March 2020. The Minister for Transport shall be authorized to make exceptions regarding the performance of international passenger services. The Minister for Transport shall take a decision upon the receipt of the relevant request.

4.17. the movement of persons and vehicles through airport, port, railway and road border crossing points at the European Union’s external border, as well as at border crossing points intended for local border traffic, other than freight transport, shall be prohibited from 17 March 2020. The Minister for the Interior and the Minister for Foreign Affairs may make exceptions to the movement of persons and vehicles;

4.18. the nationals of the Republic of Latvia and foreigners whose permanent residence is the Republic of Latvia shall be authorized to return to the Republic of Latvia through the border crossing points referred to in Sub-paragraph 4.17 of this Order;

4.19. the foreigners shall be authorized to leave the Republic of Latvia through the crossing points referred to in Sub-paragraph 4.17 of this Order;

4.20. the foreign diplomats working in Latvia, as well as persons arriving in Latvia for humanitarian reasons and to pursue national interests, shall be authorized to enter the Republic of Latvia and leave the Republic of Latvia through the border crossing points referred to in Sub-paragraph 4.17 of this Order;

4.21. short-term and long-term visas for entry to Latvia shall not be issued by the diplomatic and consular missions of Latvia abroad, as long as the emergency situation exists;

4.22. the Ministry of Economics, in cooperation with traders, shall introduce the measures to ensure social distancing in trading venues;

4.23. in case of non-compliance with the measures laid down in this Order, appropriate administrative or criminal responsibility shall be applied;

4.24. the companies shall primarily ensure the supply of food, medicinal products, essential goods and raw materials necessary to produce food, medicinal products for the purposes of the domestic market;

4.25. the meetings of the Cabinet of Ministers may be organised remotely or through survey, using videoconferencing, conference call or other IT tools, in accordance with the procedures specified by the Prime Minister;

4.26. the Chairperson of the Supreme Court may, in consultation with chairpersons of regional courts and district (city) courts, determine the procedures and conditions under which the scheduled court hearings are suspended or not examined or otherwise restrict proceedings which are related to the conduct of oral judicial proceedings in all courts of the Republic of Latvia;

4.27. the Council of Sworn Bailiffs and the Council of Sworn Notaries may impose restrictions or decide on the termination of the taking of visitors on-site in the places of practice of sworn bailiffs and sworn notaries.

5. The measures shall be financed from State budget funds allocated to the institutions in accordance with the Law on the State Budget for 2020, as well as upon the motivated request of the institutions from the State budget programme 02.00.00 “Funding for unforeseen circumstances”. In such cases, the Cabinet of Ministers shall take a decision on the granting of funding. >6. It shall be determined that the State institution specified in Section 3, Paragraph two of the Law on Emergency Situation and State of Exception is the respective line ministry, which collects and submits to the Ministry of Finance the claims of persons against the State for the damage caused.

7. In accordance with Section 9, Paragraph three of the Law on Emergency Situation and State of Exception, the State Chancellery shall notify the Saeima Presidium of the decision taken by the Cabinet of Ministers and, in accordance with Paragraph four of that Law, shall inform the public electronic media about the decision taken.

[Notes by the Secretariat: (1) See the Partial withdrawal of derogation dated 14 May 2020.
(2) See the Partial withdrawal of derogation dated 2 June 2020.
Period covered: 16/03/2020 - 10/06/2020
Articles concerned : 8, 15, 11


Republic of Moldova

Derogation contained in a Note verbale from the Permanent Representation of the Republic of Moldova, dated 18 March 2020, and registered at the Council of Europe on 19 March 2020 – Or. Engl.

The Permanent Representation of the Republic of Moldova to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and, in accordance with relevant provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 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.

PARLIAMENT OF THE REPUBLIC OF MOLDOVA
DECISION
on the declaration of the state of emergency


In accordance with art. 66 sub-para. m) of the Constitution of the Republic of Moldova and art. 12 of Law no. 212/2004 on the regime of the state of emergency, curfew and state of war, taking into account the declaration of the World Health Organisation regarding the COVID-19 pandemic on 11 March 2020 and the establishment of the countrywide Red Code in connection with the epidemiologic situation created by the infection with COVID-19 by the National Extraordinary Commission for Public Health on 13 March 2020,

The Parliament of the Republic of Moldova adopts this decision.

Art. 1. - The state of emergency shall be declared throughout the territory of the Republic of Moldova in the period of 17 March - 15 May 2020.

Art. 2. - During the period of the state of emergency, the Commission for Exceptional Situations of the Republic of Moldova shall issue provisions with a view to implementing the following measures:

1) establishing a special regime for the country entry and exit;
2) establishing a special regime of movement on the territory of the country;
3) introducing the quarantine regime and other mandatory sanitary-antiepidemic measures;
4) establishing a special working regime for all entities;
5) prohibiting public meetings and gatherings and other mass events;
6) providing, when necessary, for the rationalisation of consumption of first necessity food and other goods;
7) coordinating media activities on:
     a) informing the population about the causes and proportions of the exceptional situation, the measures undertaken for the prevention of risks, liquidation of the consequences of this situation and protection of population;
     b) notifying the population about the rules of behaviour during the exceptional situation;
     c) introducing special rules for the use of telecommunications means;
8) amending the procedure for the appointment and dismissal of the managers of economic operators and public institutions;
9) prohibiting the resignation of workers, except for the cases provided for by the normative acts, for this period;
10) calling the citizens to provide services in the public interest according to the law;
11) carrying out, in the manner established by the law, the requisition of goods in order to prevent and liquidate the consequences of the situations which imposed the declaration of the state of emergency;
12) carrying out other necessary actions in order to prevent, mitigate and liquidate the consequences of the Corona virus Pandemic (COVID-19).

Art. 3. - The provisions of the Commission for Exceptional Situations of the Republic of Moldova are mandatory and enforceable for the managers of the Central and Local Public Administration Authorities, of economic operators, of public institutions, as well as for citizens and other persons within the territory of the Republic of Moldova.

Art. 4. - All the provisions issued by the Commission for Exceptional Situations of the Republic of Moldova enter into force once issued.

Art. 5. - The Parliament of the Republic of Moldova will inform, within three days, the UN Secretary General and the Secretary General of the Council of Europe about this decision and the reasons for its adoption.

Art. 6. - This decision enters into force on the date of its adoption, it is immediately brought to the attention of the population through mass-media and is published in the Official Journal of the Republic of Moldova.
Speaker of the Parliament
ZINAIDA GRECEANÎI

Chişinău, 17 March 2020
No. 55.
Period covered: 19/03/2020 - 19/05/2020
Articles concerned : 15, 11


Romania

Derogation contained in a Note verbal from the Permanent Representation of Romania to the Council of Europe, dated 17 March 2020, registered at the Secretariat General on 17 March 2020 - Or. Engl., completed in the Note Verbale No. 670 from the Permanent Representation of Romania, dated 21 April 2020, registered by the Secretariat General on 21 April 2020 - Or. Engl., and withdrawn in the Note Verbale No. 805 from the Permanent Representation of Romania, dated 15 May 2020, registered at the Secretariat General on 15 May 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and has the honor to inform of the following:

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 and is hereby attached. 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.

Link to the Decree (English only)

. Decree No. 195 of 16 March 2020 “On the establishment of the state of emergency in the territory of Romania”.

. Appendix 1:Measures of first emergency with direct applicability and Appendix 2: Measures of first emergency with gradual implementation
Period covered: 17/03/2020 - 15/05/2020
Articles concerned : 15


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