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

Характер декларации : Декларации, Расторжения, Отступления
По состоянию на 01/03/2021

Сербия

Withdrawal of Derogation contained in the Note verbale No. 14969 of the Ministry of Foreign Affairs of the Republic of Serbia, dated 9 October 2020, registered at the Secretariat General on 12 October 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Serbia presents its compliments to the Secretary General of the Council of Europe in her capacity as depositary of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and has the honor to inform that in line with Article 15 of the Convention, it advised the Secretary General in its Note No. 6510 that the state of emergency was declared pursuant to Article 200 of the Constitution of the Republic of Serbia, in order to take measures necessary to prevent the outbreak and spread, and suppress contagious COVID-19 disease. Furthermore, pursuant to Article 15 of the Convention, the Republic of Serbia would like to provide additional information as follows.

Under Article 200 para 8 of the Constitution, at its session of 29 April 2020, the National Assembly of the Republic of Serbia confirmed the Decision on the declaration of the state of emergency. The state of emergency was revoked by the Decision to abolish the state of emergency, effective as of 6 May 2020.

The Declaration of the state of emergency was preceded by the Decision of the Government of the Republic of Serbia which labeled COVID-19, caused by SARS-CoV-2 virus, a contagious disease. The Decision was issued on 10 March 2020 and remains in force having undergone a number of amendments dictated by the epidemiological situation (RS Official Gazette Nos. 23/2020, 24/2020, 27/2020, 28/2020, 30/2020, 32/2020, 35/2020, 37/2020, 38/2020, 39/2020, 43/2020,45/2020, 48/2020, 49/2020, 59/2020, 60/2020, 66/2020, 67/2020, 72/2020, 73/2020, 75/2020, 76/2020, 84/2020, 98/2020, 100/2020, 106/2020, 107/2020, 108/2020 and 116/2020). In the above Decision, COVID-19 was declared a contagious disease and “its prevention and suppression to be in the interest of the Republic of Serbia”. Furthermore, it stipulated that “in order to prevent the onset and spread of the infectious COVID-19, to suppress it and protect the population from it, measures shall be implemented as prescribed by the Law on Protection of the Population from Infectious Diseases, the Law on Health Care, the Law on Public Health and other measures required by the character of the disease in line with the epidemiological situation".

Pursuant to the Constitution and legislation in force in the Republic of Serbia measures are enforced to prevent the spread and suppress COVID-19, envisaged, inter alia, by the above Decision and the Decree of the Government of the Republic of Serbia on the measures for the prevention and suppression of contagious COVID-19 (RS Official Gazette Nos. 66/2020, 93/2020,94/2020, 100/2020, 109/2020 and 111/2020). In prescribing specific measures for the prevention of spreading and to suppress COVID-19, efforts were made that they conform with the Convention for the Protection of Human Rights and Fundamental Freedoms and limit human rights only to the extent required by the epidemiological situation and medical necessity. Necessary measures are subject to constant review taking into account the epidemiological situation, World Health Organization recommendations and experience gained to prevent the spread and suppress this contagious disease.

All decisions made by the Government and other institutions of the Republic of Serbia are published with immediate effect in the Official Gazette and put on the website of the Government of the Republic of Serbia (https://www.srbija.gov.rs/). In addition, all information is also made readily available to the public via the Legal Information System website (http://www.pravno-informacioni-sistem.rs/fp/covid19).
Период результата: 12/10/2020 -
Cтатьях, посвященных : 15

Derogation contained in a Note verbale from the Ministry of Foreign Affairs of the Republic of Serbia, dated 6 April 2020, registered at the Secretariat General on 6 April 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Serbia presents its compliments to the Secretary General of the Council of Europe and has the honour to inform that, in line with Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the Republic of Serbia has declared a state of emergency on 15 March 2020, pursuant to Article 200 of the Constitution of the Republic of Serbia, in order to take measures necessary to prevent the occurrence and spread of, and to suppress the COVID-19 contagious disease caused by SARS-CoV-2 virus.

The measures implemented by the Republic of Serbia have derogated from certain obligations provided for in the European Convention on Human Rights to the extent strictly required by the exigencies of the epidemiological situation and medical necessity. Measures undertaken have been constantly under review taking into account the epidemiological situation, recommendations of the World Health Organization and experiences in fighting this contagious disease.

In adopting particular measures and issuing recommendations, responsible institutions of the Republic of Serbia adhere to their commitments arising from Article 15 (1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights).

All decisions made by the Government and other institutions of the Republic of Serbia are immediately published in the Official Gazette, on the website of the Government of the Republic of Serbia, while issuing statements by means making them available to all. All legal acts imposing measures and issuing recommendations aimed at preventing the occurrence and spread of, and suppressing the COVID-19 disease are available on the website of the Government of the Republic of Serbia (https:/www.srbija.gov.rs) and, inter alia, the website of the Legal Information System (http://www.pravno-informacioni-sistem.rs/fp/covid19).
Период результата: 06/04/2020 - 06/05/2020
Cтатьях, посвященных : 15

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Serbia and Montenegro, deposited with the instrument of ratification on 3 March 2004 - Or. Engl. - and updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006 – Or. angl.

Brief Statement

The Ministry of Foreign Affairs of Serbia and Montenegro makes the following statement in accordance with Article 57, paragraph 2, of the Convention, to supplement the information contained in the instrument of ratification deposited by Serbia and Montenegro on 3 March 2004.

The Ministry of Foreign Affairs of Serbia Montenegro has the honour to refer to the following reservation contained in the instrument of ratification:

“While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Službeni glasnik Socijalisticke Republike Srbije, No. 44/89; Službeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) that regulate proceedings before magistrates' courts.”

The relevant provisions of the laws referred to in this reservation regulate the following matters:
- proceedings before the magistrates’ courts, including rights of the accused, rules of evidence and legal remedies (Articles 75 to 89 and 118 to 321 of the Law on Minor Offences of the Republic of Serbia);
- establishment and organization of the magistrates’courts (Articles 89a to 115 of the Law on Minor Offences of the Republic of Serbia); and
- measures for securing the presence of the accused (Articles 183 to 192 of the Law on Minor Offences of the Republic of Serbia).

The Ministry of Foreign Affairs of Serbia and Montenegro wishes to inform the Secretary General of the Council of Europe that Serbia and Montenegro shall withdraw the reservations contained in its instrument of ratification as soon as the legislation mentioned therein has been brought into conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Период результата: 03/03/2004 - 11/05/2011
Cтатьях, посвященных : 57


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