Reservations and Declarations for Treaty No.046 - Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Declarations in force as of today
Status as of 23/10/2020

Albania

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania 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 the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as 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, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as 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 Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as 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 ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 24/06/2020 -
Articles concerned : 2


Armenia

Derogation contained in the Note verbale No. 3201/C-308/2020 from the Permanent Representation of the Republic of Armenia, dated 29 September 2020, registered at the Secretariat General on 29 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 early in the morning on September 27 the Azerbaijani armed forces launched large-scale airborne, missile and land attack along the entire line of contact with the Republic of Artsakh (Nagorno-Karabakh Republic). Azerbaijani army has resorted to the use of tanks, helicopters, heavy artillery, unmanned aerial vehicles (UAV), multiple launch rocket system, such as Grad and Smerch as well as other types of weaponry in its possession. Moreover, the town of Vardenis in the east of the Republic of Armenia has also been subjected to the UAV and missile attacks.

This is a pre-planned aggression, during which civilian settlements, infrastructure, schools and kindergartens have been targeted. There are numerous casualties among both the military and the civilians, including children.

As a result of the operations undertaken by the Republic of Azerbaijan, there is an imminent threat of armed attacks against the Republic of Armenia and invasion of its territory threatening the sovereignty, security, territorial integrity of the Republic of Armenia. The life and safety of peaceful citizens are under threat and call for emergency measures.

Moreover, the Republic of Armenia is the guarantor of security and safety of the population of the Republic of Artsakh and is resolute in exercising its duties as such.

In this context the Government of Armenia has enacted martial law throughout the country. The Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its annex on the ensuing measures and restrictions are herewith provided.

In accordance with the Article 15 of the European Convention on Human Rights, the Permanent Representation hereby notifies of the temporary derogations from the obligations under Articles 8, 10 and 11 of the Convention, Article 1, Protocol 1 of the Convention and Article 2, Protocol 4 of the Convention.

Annex

Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its Annex.
Period covered: 29/09/2020 -
Articles concerned : 2


Austria

Reservation made at the time of signature, on 16 September 1963, and renewed at the time of deposit of the instrument of ratification, on 18 September 1969 - Or. Fr.

Protocol No. 4 is signed with the reservation that Article 3 shall not apply to the provisions of the Law of 3 April 1919, StGBl. No. 209 concerning the banishment of the House of Habsbourg-Lorraine and the confiscation of their property, as set out in the Act of 30 October 1919, StGBl. No. 501, in the Constitutional Law of 30 July 1925, BGBl. No. 292, in the Federal Constitutional Law of 26 January 1928, BGBl. No. 30, and taking account of the Federal Constitutional Law of 4 July 1963, BGBl. No. 172.
Period covered: 18/09/1969 -
Articles concerned : 3


Azerbaijan

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.
Period covered: 28/09/2020 -
Articles concerned : 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).
Period covered: 15/04/2002 -
Articles concerned : -


Cyprus

Declaration made at the time of signature, on 6 October 1988, and confirmed at the time of deposit of the instrument of ratification, on 3 October 1989 - Or. Engl.

The Government of the Republic of Cyprus adopts the position that, according to a proper interpretation of the provisions of Article 4 of the Protocol, they are not applicable to aliens unlawfully in the Republic of Cyprus as a result of the situation created by the continuing invasion and military occupation of part of the territory of the Republic of Cyprus by Turkey.
Period covered: 03/10/1989 -
Articles concerned : 4


Estonia

Withdrawal of derogation contained in 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 with reference to the notification of 20 March 2020 and pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that the Government of Estonia has decided to end the emergency situation in Estonia as of 18 May 2020.

The emergency situation was declared by the Order No. 76 of the Government of Estonia “On the Declaration of Emergency Situation in the territory of Estonia” of 12 March 2020 and amended on 24 April 2020. The emergency situation began on 12 March 2020 and will be terminated on 17 May 2020 (close of day). The declaration of an emergency situation was required to be able to implement effective measures that were necessary considering the spread and the control of Covid-19 virus in the entire territory of Estonia.

As of 18 May 2020, the measures which were imposed by the Government of Estonia and by the Prime Minister, as the person in charge of emergency situation, for the duration of the emergency situation, will cease to operate as emergency situation measures. Therefore, Estonia will not exercise its right to derogate from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and the provisions of the Convention are again being fully executed as of 18 May 2020.

In addition to the orders transmitted to the Secretary General on 20 March 2020, the orders issued thereafter, are accessible online (in English):

https://www.riigiteataja.ee/viitedLeht.html?id=8.
Period covered: 16/05/2020 -
Articles concerned : 2


France

Declaration contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr.

The Protocol shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 [Article 56 since the entry into force of the Protocol No. 11] of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Period covered: 03/05/1974 -
Articles concerned : 5


Georgia

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.
Period covered: 15/07/2020 -
Articles concerned : 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.
Period covered: 25/05/2020 -
Articles concerned : 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.
Period covered: 23/04/2020 -
Articles concerned : 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.
Period covered: 23/03/2020 -
Articles concerned : 2


Ireland

Declaration made at the time of signature, on 16 September 1963 - Or. Engl.

The reference to extradition contained in paragraph 21 of the Report of the Committee of Experts on this Protocol and concerning paragraph 1 of Article 3 of the Protocol includes also laws providing for the execution in the territory of one Contracting party of warrants of arrest issued by the authorities of another Contracting Party.
Period covered: 29/10/1968 -
Articles concerned : 3


Latvia

Withdrawal of Derogation contained 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, on 10 June 2020, the emergency situation, which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws its remaining derogations from Article 8 of the Convention and Article 2 of Protocol no. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Latvia to the Council of Europe recalls that on 15 March, 2020 it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 12 March 2020 the Government of the Republic of Latvia declared an emergency situation in the entire territory of the Republic of Latvia until 14 April 2020, which was subsequently extended. In light of the decision of the Government to ease the imposed restrictions with respect to freedom of assembly and right to education, on 14 May 2020 and 2 June 2020, respectively, the Permanent Representation of Latvia to the Council of Europe informed the Secretary General of the withdrawal of its derogation from Article 11 of the Convention and Article 2 of Protocol while maintaining the rest of the restrictions in place until 9 June 2020. Considering that the Government has decided not to extend the emergency situation in Latvia, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4 ceased to operate on 10 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 10/06/2020 -
Articles concerned : 2


Monaco

Reservation contained in the instrument of ratification deposited on 30 November 2005 - Or. Fr.

The Principality of Monaco declares that the provisions of Article 2, paragraph 1, of Protocol No. 4 apply without prejudice to the provisions of Article 22, sub-paragraph 1, of Order No. 3153 of 19 March 1964 concerning the conditions of entry and stay of foreigners in the Principality, and of Article 12 of the Order on General Police of 6 June 1867.

Commentary

Article 22, sub-paragraph 1, of the Order No. 3153 of 19 March 1964 establishes : « The State Minister can, by measure of police or by issuing an expulsion warrant, enjoin any foreigner to leave immediately the Monegasque territory or to forbid him/her to enter it".

Article 12 of the Order on General Police of 6 June 1867 establishes : «Any foreigner disturbing or who may disturb, by his/her presence, public or private safety or peace, will be directed outside the Principality's territory by order of the Governor General [State Minister]. He/she will not be allowed to return without a special authorisation from the Governor General [State Minister]. In case of infringement, he/she will be sanctioned with six days to one month in prison.

Period covered: 30/11/2005 -
Articles concerned : 2


Netherlands

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

In reference to the declaration made by the Kingdom of the Netherlands on ratifying Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms on 23 June 1982, the Kingdom of the Netherlands wishes to make the following declaration :

The Kingdom of the Netherlands, consisting as per 10 October 2010 of the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, regards theses parts as separate territories for the applications of Articles 2 and 3 of the Protocol.
Period covered: 01/10/2010 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
List of Conventions referred to by the Declaration
......
46. Protocol No. 4 ot the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto.
Period covered: 01/01/1986 -
Articles concerned : 5

Declaration contained in the instrument of ratification, deposited on 23 June 1982 - Or. Fr.

We approve herewith, for the Kingdom in Europe and the Netherlands Antilles, the said Protocol.
Period covered: 23/06/1982 -
Articles concerned : 5

Declaration contained in a letter from the Minister of Foreign Affairs, dated 9 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on 23 June 1982 - Or. Fr.

Since, following ratification by the Kingdom of the Netherlands, Protocol No. 4 to the Convention on Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already specified in the Convention and the first Protocol, applies to the Netherlands and to the Netherlands Antilles, the Netherlands and the Netherlands Antilles are regarded as separate territories for the application of Articles 2 and 3 of the Protocol, in accordance with Article 5, paragraph 4. Under Article 3, no one may be expelled from or deprived of the right to enter the territory of the State of which he is a national. There is, however, only one nationality (Netherlands) for the whole of the Kingdom. Accordingly, nationality cannot be used as a criterion in making a distinction between the "citizens" of the Netherlands and those of the Netherlands Antilles, a distinction which is unavoidable since Article 3 applies separately to each of the parts of the Kingdom.

This being so, the Netherlands reserve the right to make a distinction in law, for purpose of the application of Article 3 of the Protocol, between Netherlands nationals residing in the Netherlands and Netherlands nationals residing in the Netherlands Antilles.

[Note by the Secretariat: See also the declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 - Or. Engl.]
Period covered: 23/06/1982 -
Articles concerned : 3


North Macedonia

Withdrawal of Derogation contained in the Note verbale No. 35-01-296/2 of the Permanent Representation of North Macedonia, dated 29 June 2020, registered at the Secretariat General on 29 June 2020 - Or. Engl.

The Permanent Representation of the Republic of North Macedonia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and, with reference to its Note Verbale 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and further to the Notes Verbales 35-01-200/1 dated 29 April 2020, 35-01-226/2 dated 22 Маy 2020, 35-01-241/2 dated 2 June 2020 and 35-01-272/2 dated 17 June 2020 has the honour to inform that the State of emergency in the entire territory of the Republic of North Macedonia, established by the President of the Republic of North Macedonia by Decision No.08-777/3 of 15 June 2020, published in the Official Gazette of the Republic of North Macedonia No.159 of 15 June 2020, has ceased to exist as of 24 June 2020.

Pursuant to Article 15 of the Convention on the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of North Macedonia therefore withdraws its derogations under Article 8 and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of the Protocol 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 and declares that provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are fully implemented again.
Period covered: 29/06/2020 -
Articles concerned : 2


Spain

Declaration contained in the instrument of ratification deposited on 16 September 2009 - Or. Spa.

If this Protocol were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Period covered: 16/09/2009 -
Articles concerned : 5


Ukraine

Derogation contained in a Note verbale from the Permanent Representation of Ukraine, dated 5 June 2015, registered at the Secretariat General on 9 June 2015 - Or. Engl.

On the 21st May 2015, the Verkhovna Rada of Ukraine approved the Resolution №462-VIII by which it adopted the Declaration “On Derogation from Certain Obligations under the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms” which states as follows.

“I
Derogation from Obligations


1. Due to the annexation and temporary occupation by the Russian Federation of the integral part of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of armed aggression against Ukraine, the Russian Federation is fully responsible for respect for human rights and implementation of the relevant treaties in annexed and temporary occupied territory of Ukraine.

2. In view of armed aggression of the Russian Federation against Ukraine involving both regular Armed Forces of the Russian Federation and illegal armed groups guided, controlled and financed by the Russian Federation, an anti-terrorist operation is being conducted by the units of the Security Service of Ukraine, the Ministry of Internal Affairs of Ukraine and the Armed Forces of Ukraine since April 2014, on the territory of certain areas of the Donetsk and Luhansk oblasts of Ukraine. The anti-terrorist operation is a part of the inalienable right of Ukraine to individual self-defense against aggression according to Article 51 of the UN Charter. The Russian Federation, which actually occupies and exercises control over certain areas of the Donetsk and Luhansk oblasts, is fully responsible for respect for and protection of human rights in these territories under international humanitarian law and international human rights law.

3. Ongoing armed aggression of the Russian Federation against Ukraine, together with war crimes and crimes against humanity committed both by regular Armed Forces of the Russian Federation and by the illegal armed groups guided, controlled and financed by the Russian Federation, constitutes a public emergency threatening the life of the nation in the sense of Article 4, paragraph 1, of the International Covenant on Civil and Political Rights, and Article 15, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms.

4. In order to ensure the vital interests of the society and the State in response to the armed aggression of the Russian Federation, the Verkhovna Rada of Ukraine, the Cabinet of Minister of Ukraine and other authorities have to adopt legal acts, which constitute the derogation from certain obligations of Ukraine under the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms.

5. On 12 August 2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Law of Ukraine “On Combating Terrorism” regarding the preventive detention of persons, involved in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours”. According to the Law, in the area in which a long-term anti-terrorist operation is being conducted, persons involved in terrorist activities may be detained, as an exception, for a period exceeding 72 hours but not exceeding 30 days, with the consent of a prosecutor and without a decision of the court. The application of the provisions of this Law gives reasons for the necessity to derogate from certain obligations of Ukraine under paragraph 3 of Article 2 and Articles 9 and 14 of the International Covenant on Civil and Political Rights and Articles 5, [6 (*)] and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. At the same time, the application of this Law exclusively while the anti-terrorist operation is being conducted in exceptional cases for the purpose of the prevention of grave crimes is the limit required by the acuteness of danger caused by the armed aggression of the Russian Federation and actions of the terrorist groups backed by the Russian Federation.

6. On 12 August 2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine regarding the special regime of pre-trial investigation under martial law, in state of emergency or in the anti-terrorist operation area”. According to the Law, a special regime of pre-trial investigation is introduced for the time during which the anti-terrorist operation is being conducted. In the framework of this regime, the powers of investigating judges, prescribed by the Criminal Procedure Code in force, are temporarily transferred to respective prosecutors, who obtain additional procedural rights. The special regime of pre-trial investigation is applied only in the area of the anti-terrorist operation, and under the condition of impossibility of the investigating judge to perform his duties prescribed by the Criminal Procedure Code in force. The application of the provisions of this law gives reasons for the necessity to derogate from certain obligations of Ukraine under paragraph 3 of Article 2 and Articles 9, 14 and 17 of the International Covenant on Civil and Political Rights and Articles 5, [6 (*)], 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. However, the fact that courts do not actually function in certain areas of the Donetsk and Luhansk oblasts because of the armed aggression of the Russian Federation and actions of terrorist groups backed by the Russian Federation is the limit, which allows to transfer powers from investigating judges to prosecutors under condition of threat to the life of the nation.

7. On 12 August 2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Administering Justice and Conducting Criminal Proceedings in Connection with the Anti-terrorist Operation”. According to the Law on the period of conduct of the anti-terrorist operation, the territorial jurisdiction of court cases amenable to the courts located in the anti-terrorist operation area and investigative jurisdiction on criminal offences, perpetrated in the anti-terrorist operation area, in case of impossibility to conduct pre-trial investigation, was changed. The application of the provisions of this law gives reasons for the necessity to derogate from certain obligations of Ukraine under Article 14 of the International Covenant on Civil and Political Rights, and Article [6 (*)] of the Convention for the Protection of Human Rights and Fundamental Freedoms. However, the fact that courts and pre-trial investigation bodies do not actually function in certain areas of the Donetsk and Luhansk oblasts caused by the armed aggression of the Russian Federation and actions of terrorist groups backed by the Russian Federation is the limit which allows to change the territorial jurisdiction of court cases and investigative jurisdiction on criminal offences under condition of threat to the life of the nation.

8. On 3 February 2015, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Military and Civil Administrations”. In accordance with this Law, the military and civil administrations were established as temporary state bodies functioning in the Donetsk and Luhansk oblasts, within the Anti-Terrorist Centre of the Security Service of Ukraine, and were intended to provide for the operation of the Constitution and law of Ukraine, ensuring the security and normalization of the life-sustaining activity of the population, provision of the rule of law, participation in the prevention of sabotage and terrorist acts, and the prevention of the humanitarian disaster in the area of the anti-terrorist operation. The abovementioned Law grants powers to military and civil administrations, in particular, to set limits on remaining on the streets and in other public places within a period of 24 hours without specific documents; to temporarily restrict or prohibit the movement of vehicles and pedestrians on the streets, roads and terrain areas; to organize the checking of identification documents of individuals,; and, if necessary, the searching of personal belongings, vehicles, baggage and cargo, office premises and private dwellings of citizens, except the restrictions established by the Constitution of Ukraine. The application of the provisions of this law gives reasons for the necessity to derogate from certain obligations of Ukraine under Articles 9, 12 and 17 of the International Covenant on Civil and Political Rights, Articles 5 and 8 of 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. However, the anti-terrorist operation being conducted in order to prevent the threat of destruction of the nation because of the Russian Federation armed aggression is the limit, which allows to temporarily restrict freedom of movement and the right to private life.

9. Therefore, Ukraine exercises the right of derogation from its obligations established in Article 2, paragraph 3, and Articles 9, 12, 14 and 17 of the International Covenant on Civil and Political Rights, Articles 5, [6 (*)], 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in certain areas of the Donetsk and Luhansk oblasts of Ukraine, which is determined by the Anti-Terrorist Centre of the Security Service of Ukraine in connection with the anti-terrorist operation, for the period until the complete cessation of the Russian Federation armed aggression, the restoration of constitutional order and orderliness in the occupied territory of Ukraine and until further notification to the Secretary-General of the United Nations and the Secretary General of the Council of Europe of the resumption of the application in full of the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms.

10. At the same time, without any prejudice to the application of the remaining provisions of the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms, and bearing in mind the continued existence of the dangerous situation, henceforth while the anti-terrorist operation is being conducted in response to the armed aggression of the Russian Federation, Ukraine reserves the right to take measures that may constitute grounds for derogations from its obligations under other Articles of the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms, on the basis of, and in the manner determined by, the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms and this Regulation. In such case, Ukraine will inform thereof the Secretary-General of the United Nations and the Secretary General of the Council of Europe in due course.

II
Information on the state of security in the Donetsk and Luhansk oblasts and changes to the territory covered by the derogation


Ukraine shall inform the Secretary-General of the United Nations and the Secretary General of the Council of Europe about the state of security in the Donetsk and Luhansk oblasts in due course, and on the change of the territory covered by the derogation of Ukraine from the obligations under the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms.”

The exact limits of certain areas of the Donetsk and Luhansk oblasts of Ukraine, covered by this derogation, will be communicated to the Secretary General of the Council of Europe at the later stage, once they are determined according to the legislation of Ukraine.

The Permanent Representation of Ukraine to the Council of Europe, pursuant to Article 15, paragraph 3, of the Convention, will inform the Secretary General of the Council of Europe about future developments and notify him when these emergency measures have ceased to operate and the provisions of the Convention are being fully implemented again.

List of annexes:

1.The Resolution of the Verkhovna Rada of Ukraine of 21 May 2015 №462-VIII «On derogation from certain obligations under the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms (English version). The Ukrainian version is available at this address: http://zakon4.rada.gov.ua/laws/show/462-19 ;

2. The Law of Ukraine of 12 August 2014, No. 1630-VII “On Amendments to the Law of Ukraine “On Combating Terrorism” regarding the preventive detention of persons, involved in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours” (English version). The Ukrainian version is available at this address: http://zakon4.rada.gov.ua/laws/show/1630-18 ;

3.The Law of Ukraine of 12 August 2014, No. 1631-VII “On Amendments to the Criminal Procedure Code of Ukraine regarding the special regime of pre-trial investigation under martial law, in state of emergency or in the anti-terrorist operation area” (English version) The Ukrainian version is available at this address: http://zakon4.rada.gov.ua/laws/show/1631-18 ;

4. The Law of Ukraine of 12 August 2014, No. 1632-VII “On Administering Justice and Conducting Criminal Proceedings in Connection with the Anti-terrorist Operation” (English version). The Ukrainian version is available at this address: http://zakon4.rada.gov.ua/laws/show/1632-18 ;

5. The Law of Ukraine of 3 February 2015, No. 141-VIII “On Military and Civil Administrations” (English version). The Ukrainian version is available at this address: http://zakon4.rada.gov.ua/laws/show/141-19 .

[Note by the Secretariat: See the partial withdrawal of derogation contained in the Communication from Ukraine dated 3 December 2019 – Or. Engl.]
Period covered: 09/06/2015 -
Articles concerned : 2


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