Riserve e dichiarazioni per trattato n°005 - Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali

Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 12/04/2021

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.
Periodo di efficacia: 16/05/2020 -
Articoli in questione : 8, 6, 5, 15, 11

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 Engl., and withdrawn by the Note Verbale No. 1-16/10 of the Permanent Representation of Estonia, dated 16 May 2020, registered at the Secretariat General on 16 May 2020 – Or.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
Periodo di efficacia: 20/03/2020 - 18/05/2020
Articoli in questione : 8, 6, 5, 15, 11

Declarations containes in a Note Verbale from the Ministry of Foreign Affairs of Estonia, dated 12 April 1996, deposited with the instruments of ratification on 16 April 1996 - Or. Engl.

In accordance with Article 25, Estonia, for a period of three years after the instruments of ratification are deposited, recognises the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by the Republic of Estonia of the rights set forth in this Convention, as well as in Articles 1 to 4 of Protocol No. 4 and Articles 1 to 5 of Protocol No. 7.

In accordance with Article 46 [see Article 34 of the Convention since the entry into force of Protocol No. 11], Estonia, for a period of three years after the instruments of ratification are deposited, and on condition of reciprocity by the High Contracting Parties, recognises as compulsory ipso facto and without special agreement the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the present Convention as well as in Articles 1 to 4 of Protocol No. 4 and Articles 1 to 5 of Protocol No. 7.
Periodo di efficacia: 16/04/1996 - 31/10/1998
Articoli in questione : Ex-46, Ex-25


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.