Оговорки и заявления по Договору №:005 - Конвенция о защите прав человека и основных свобод

Характер декларации : Декларации, Расторжения, Отступления
По состоянию на 28/02/2021

Армения

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.
Период результата: 29/09/2020 -
Cтатьях, посвященных : 8, 15, 11, 10

Withdrawal of Derogation contained in a Note verbale No. 3201/C-288/2020 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 the state of emergency, instituted on 16 March 2020 in the Republic of Armenia in response to the global outbreak and spread of COVID-19 virus, has now expired as of 11 September 2020.

Pursuant to Article 15, paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation informs that the Government of Armenia withdraws its derogations under the relevant Articles of the Convention and its Protocols
Период результата: 11/09/2020 -
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 3201/C-256/2020 from the Permanent Representation of Armenia, dated 13 August 2020, registered by the Secretariat General on 13 August 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 by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 11 September 2020.

As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020, 3201/C-191/2020, 3201/C-223/2020), the measures taken during the period of the state of emergency may include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 13/08/2020 - 11/09/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 3201/C-223/2020 from the Permanent Representation of Armenia, dated 15 July 2020, registered by the Secretariat General on 15 July 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 by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 12 August 2020.

As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020, 3201/C-191/2020), the measures taken during the period of the state of emergency may include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 15/07/2020 - 12/08/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 3201/C-191/2020 from the Permanent Representation of Armenia, dated 15 June 2020, registered by the Secretariat General on 15 June 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 by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 13 July 2020.

As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020, 3201/C-165/2020), the measures taken during the period of the state of emergency may include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 15/06/2020 - 15/07/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 3201/C-165/2020 from the Permanent Representation of Armenia, dated 14 May 2020, registered by the Secretariat General on 14 May 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 by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on 16 March 2020 in response to the global outbreak and spread of COVID-19 virus, has been extended for 30 additional days and will now expire on 13 June 2020.

As the Permanent Representation has also notified in its previous communications (ref.: 3201/C-084/2020, 3201/C-127/2020), the measures taken during the period of the state of emergency may include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 14/05/2020 - 15/06/2020
Cтатьях, посвященных : 15

Communication contained in a Note Verbale from the Permanent Representation of Armenia, dated 17 April 2020, registered by the Secretariat General on 17 April 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 by the Decree of the Government of the Republic of Armenia the state of emergency, instituted on March 16, 2020 in response to the global outbreak and spread of COVID-19 virus has been extended for 30 days and will expire on May 14, 2020.

Measures taken during this period, and as notified by the Permanent Representation in its Note Verbale 3201/C-084/2020, may continue to include derogations from the Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 17/04/2020 - 14/05/2020
Cтатьях, посвященных : 15

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
Период результата: 19/03/2020 - 11/09/2020
Cтатьях, посвященных : 15

Withdrawal of derogation contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 21 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 21 March 2008 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to H.E. Mr Terry Davis, Secretary General of the Council of Europe, and, referring to its Notes Verbales of 2, 10 and 13 March 2008, has the honour to inform him that, in accordance with paragraph 1 of the Decree NH-35-N of the President of the Republic of Armenia, dated 1 March 2008, the state of emergency in the city of Yerevan has been lifted as of 24:00, on 20 March 2008.

The Republic of Armenia declares the termination of all derogations from the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (ETS No. 5).
Период результата: 21/03/2008 -
Cтатьях, посвященных : 15

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 13 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 14 March 2008 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to H.E. Mr. Terry Davis, Secretary General of the Council of Europe, and, pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (ETS No. 5), has the honor to forward, herewith, the Decree of the President of the Republic of Armenia on Amendments in NH-35-N Decree of 1 March 2008.

Decree of the President of the Republic of Armenia On Amendments to the Decree No. NH-35-N of 1 March 2008

Guided by paragraph 14 of Article 55 and paragraph 6 of Article 117 of the Constitution of the Republic of Amenia, I decree:

1. In paragraph 4 of the NH-35-N Decree of the President of the Republic of Armenia on Declaration of the State of Emergency of 1 March 2008:1) To revise point 4 of paragraph 4 to read as follows :

"4) Ban on publication or dissemination by mass media outlets of obviously false or destabilizing information on State and internal issues, or of calls to participate in unsanctioned (illegal) activities, as well as publication and dissemination of such information and calls by any other means and forms."

2) To declare null and void point 5 of paragraph 4.
2. The decree comes into force from 14 March 2008.

Период результата: 14/03/2008 - 21/03/2008
Cтатьях, посвященных : 15

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 10 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 10 March 2008 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to H.E. Mr. Terry Davis, Secretary General of the Council of Europe, and, pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (ETS No. 5), has the honor to forward, herewith, the Decree of the President of the Republic of Armenia on Amendments in NH-35-N Decree of 1 March 2008.

Decree of the President of the Republic of Armenia On Amendments in NH-35-N Decree of 1 March 2008

Guided by point 14 of Article 55 and point 6 of Article 117 of the Constitution of the Republic of Amenia, I decree:
1. To declare null and void points 6 and 7 of paragraph 4 of the NH-35-N Decree of the President of the Republic of Armenia on Declaration of the State of Emergency of 1 March 2008.
2. The decree comes into force from the moment of its announcement.
Период результата: 10/03/2008 - 21/03/2008
Cтатьях, посвященных : 15

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 6 March 2008, transmitted by the Permanent Representative of Armenia and registered by the Secretariat General on 6 March 2008 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to Secretary General of the Council of Europe, and, in addition to the Note No. 14/02627 of 2 March 2008 has the honour to inform him that the Republic of Armenia, a Party to the Convention for the Protection of Human Rights and Fundamental Freedoms, in connection with the Decree of the President of the Republic of Armenia on the Declaration of State of Emergency in conformity with Article 55, paragraph 14, and Article 117, paragraph 6, of the Constitution of the Republic of Armenia, dated 1 March 2008, and pursuant to Article 15, paragraph 3, of the Convention, avails itself of the right of derogation from or limitation of application of the following provisions : Article 8, paragraph 1, Article 10, paragraph 1, Article 11, paragraph 1, of the Convention and Article 2, paragraph 1, of Protocol No. 4 to the Convention.

The above decree extends the state of emergency to the city of Yerevan for a period of 20 days in order to prevent the threat of danger to the constitutional order in the Republic of Armenia, and protect the rights and legal interests of the population, following the mass disorders, personal injury and considerable material damage, which took place in Yerevan on 1 March 2008 (see below).

The Ministry of Foreign Affairs of the Republic of Armenia requests the Secretary General of the Council of Europe to inform the States Parties about this derogation.

The March 1-2 Events : a Description

After the presidential elections, on February 20, L. Ter-Petrosian and his team started a sit-in on the Opera square and embarked on (illegal) daily rallies and marches without advising the authorized body aimed at the destabilization of the situation in the capital. At the same time, the political leadership stated time and again that it would not object to the rallies, and if notified by L. Ter-Petrosian and his cohorts, and would allocate reasonable time and venue. L. Ter-Petrosian evaded such notification so that he would not be held liable for the actions of the mob.

Inciting statements and appeals were made at the rally. Despite numerous warnings of the police as to the illegal nature of these actions, the latter continued to grossly violate public order and endanger public security. Tents were installed at the Opera square, loud music was play all night long, the demonstrators used to sing through loud speakers, and danced, violating calm in the areas adjacent to the square. In addition, the demonstrators reduced the vicinity to anti-sanitary condition.

In late February, numerous weapons and ammunition were discovered as a result of searches of some L. Ter-Petrosian's active supporters; this was covered by the mass media, arrests followed and confiscation minutes were compiled.

As far back as February 26, the Prime Minister and President-elect Serge Sarkisian offered co-operation to all the political forces including the establishment of a coalition government. On February 29, S. Sarkisian and former presidential candidate Arthur Bagdasarian signed a coalition co-operation agreement, as a result of which L. Ter-Petrosian and his team realized that there were no other political forces supporting them, and devised the destabilization of the situation in this country.

In late February, various police units obtained intelligence about the distribution of firearms, explosives, iron rods and clubs to the demonstrators for the organization of some events. There was intelligence about provocations and mass disorders to be organized on March 1 in the capital. Similar intelligence was obtained by the National Security Service. In the context of the previously discovered weapons and ammunition, this information was particularly alarming. This intelligence was reported to the RA President. After having analyzed the situation, the RA President instructed to take measures adequate to the intelligence as prescribed by law, to verify the intelligence, to seize the materiel and to defuse the situation.

About 7.00 a.m. on the 1st of March 2008, unarmed police forces without shields and helmets approached the demonstrators in order to verify the intelligence and neutralize the danger by means of a search and appealed to them to enable the police to conduct the search. At that moment the police noticed that the demonstrators had built barricades out of local benches and other items. At that time there was no rally at the Opera square; there were about 900 people there. The police at that moment did not intend to remove the participants of the action from the square.

The demand to conduct a search was suddenly followed by the assault of the sit-in participants on the police. The demonstrators started to throw stones, pieces of wood, iron rods, Molotov cocktails, etc. Appeals were made to overthrow the authorities, and the self-esteem of the police was insulted. "Hedgehogs" made of iron rods were used, etc. Owing to the unpredictability and the nature of offences, the Chief of RA Police decided to support the unprotected policemen, as prescribed by law, and to deploy police forces armed with rubber batons, shields and helmets in the vicinity of the Opera in order to contain the riotous offences.

Owing to the unpredictability and the nature of offences, a decision was made to take adequate measures as prescribed by law. The offenders started to offer resistance with clubs, sharp cutting and puncturing instruments and metal rods. As a result of the clashes, police officers were wounded and taken to hospital. Police performed its duties only using rubber batons. No other special means were used during the action. As a result, the participants of the action were forced out of the square, a search was made, which confirmed the intelligence about weapons and ammunition. Also, explosives, Molotov cocktails, iron rods and wooden clubs and iron "hedgehogs" were found.

Some organizers and participants of the turmoil were taken to police stations, others fled and gathered at the Yerevan City Hall and the French Embassy. National Assembly members, the Ombudsman, and the representatives of city authorities met organizers of the demonstrators, particularly with D. Shahnazarian. They suggested to the organizers and demonstrators to hold the rally at the "Dinamo" stadium, then at the Rail Station square. Some other venues were also offered. However, after a consent given for a while, when the police retreated, the organizers, particularly D. Shahnazarian and N. Pashinian, having contacted L. Ter-Petrosian, received instructions from that latter not to go anywhere, but continue the prohibited gathering at the same place in violation of the law. To stabilize the situation and establish accord, the Catholicos of All Armenians and neutral politician Paruyr Hairikian decided to meet L. Ter-Petrosian, but all attempts to meet were rejected by L. Ter-Petrosian.

Moreover, the organizers of the demonstrators, particularly, N. Pashinian, H. Hakopian, Kh. Sukiasian, M. Malkhasian, and S. Mikaelian were instructed by L. Ter-Petrosian to build barricades at the Yerevan City Hall, the French and Russian Federation Embassies out of buses, trolleybuses and cars, to get armed with stones, iron rods, wooden clubs and Molotov Cocktails. The organizers also recruited their cohorts who possessed firearms and ammunition in order to attack the police forces and to spread the turmoil over the other sections of the capital.

The crowd around the Yerevan City Hall in the afternoon of March 1 was gradually getting uncontrollable and in the evening their actions were finally reduced to looting and pogroms.

The mob attacked the police forces equipped exclusively with rubber batons, shields and helmets with gun fire series, Molotov cocktails, iron rods, iron "hedgehogs", improvised fragmentation explosive devices and hand grenades. All this is documented by video footage.

It is important to point out that the clashes with the police took place 400-1000 meters from the venue of the rally at the Yerevan City Hall and the French Embassy. The police did not intend to use force or disperse the rally, but rather was at the site in order to maintain public order and to prevent the spreading of the turmoil by the rioters over the other parts of the capital.

For hours, small gangs of thugs separated from the 7000-strong crowd and burnt over two dozen private and police vehicles, and even ambulances in the nearby streets during mass turmoil. They destroyed buses and trolleybuses, devastated and looted the Moscow House, and nearby shops and offices. The windows of the City Hall and VivaCell offices were smashed. Gangs of intoxicated thugs assaulted the police forces and police officers.

Sabotage continued, and at 21.00 RA President was advised about the wounded among the police forces. To prevent further uncontrollable developments and unpredictable consequences, RA President, based on the right reserved to him under Article 55, paragraph 14, of the Constitution, after consulting the Prime Minister and the Speaker of the National Assembly, on March 1, at 22.30 local time, announced emergency situation in Yerevan for the duration of 20 days. The National Assembly, on March 2, at 1.30 a.m., immediately convened a special session and approved the RA President's decree. According to the decree, the emergency situation is confined to Yerevan; the restrictions are minimal to not hamper the regular life in the city.
Период результата: 06/03/2008 - 21/03/2008
Cтатьях, посвященных : 15

Derogation contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 2 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 4 March 2008 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to H.E. Mr. Terry Davis, Secretary General of the Council of Europe, and, pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (ETS No. 5), has the honor to forward, herewith, the Decree of the President of the Republic of Armenia on Declaration of State of Emergency in Yerevan, Armenia.

Decree of the President of the Republic of Armenia On Declaration of the State of Emergency
1 March 2008


In order to prevent the threat of danger to the constitutional order in the Republic of Armenia and to protect the rights and legal interests of the population, guided by point 14 of Article 55 and point 6 of Article 117 of the Constitution of the Republic of Armenia, I decree :

1. To declare the state of emergency in Yerevan from 1 March 2008 for 20 days;

2. To entrust the President of Armenia with the supervision of the regulation and implementation of the [measures aimed at] elimination of circumstances that served as grounds for declaring the state of emergency, and of other urgent issues;

3. To entrust the Police of the Republic of Armenia and the Defense Ministry of the Republic of Armenia with ensuring the legal regime of the state of emergency;

4. To establish the following temporary limitations in the area under state of emergency :

1. Banning meetings, rallies, demonstrations, marches and other mass events;
2. Banning strikes and other actions that could stop or suspend the activities of organizations;
3. Limiting the movement of individuals and the means for transportation and carrying out inspections by the law-enforcement bodies, as necessary;
[4. Mass media outlets can provide information on State and internal affairs exclusively within the perimeters of official information provided by State bodies;] (*)
5. Banning political propaganda through leaflets or other means without due permission from relevant State bodies;
[6. Temporary suspension of the activity of political parties and other public organizations that impede the elimination of the circumstances that served as the grounds for declaring a state of emergency;
7.Removing from a given area those who violate the legal state of emergency regime and do not reside there, doing so at their own expense, or, in case of absence of these means, using the State budget resources to be refunded afterwards.] (**)
5. The Government of the Republic of Armenia must undertake necessary measures for ensuring the implementation of this decree.

6. The decree comes into force from the moment of its announcement.

[Notes by the Secretariat:
(*) See the declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 13 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 14 March 2008 - Or. Engl.
(**) See the declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 10 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 10 March 2008 - Or. Engl.]
Период результата: 04/03/2008 - 21/03/2008
Cтатьях, посвященных : 15


Источник: Бюро договоров http://conventions.coe.int - * Disclaimer.