| 19-08-2026 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
03-08-2026
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated July 13, 2026 No. 596/2026 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on August 2, 2026 for the period of 90 days. The above-mentioned Decree was approved
by the Law of Ukraine dated July 14, 2026 No. 4928-IX "On Approval of the Decree of
the President of Ukraine "On the Prolongation of the Term of Martial Law in Ukraine".
[…] Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9937C Tr./005-339 dated 6 August 2026.
toegevoegd voorbehoud
07-08-2026
Updated notification I Regarding measures derogating from obligations According to
the Decision of the Constitutional Court of Ukraine No. 3-p(II)/2026 of April 1, 2026
part five of Article 615 of the Criminal Procedure Code of Ukraine (CPC) became invalid
three months from the date of adoption of this Decision. This part provided that in
the event of martial law in the case of impossibility for holding a preparatory court
session, the preventive measure in the form of detention selected by the investigating
judge, the head of the prosecutor's office during the pre-trial investigation is considered
to be extended until the relevant issue is resolved in the preparatory court session
but for not longer than for 2 months. At the same time, other norms of Article 615
of the CPC, the possible application of which became the basis for the derogation,
remain in force. Thus, Article 615 of the CPC, taking into account the abovementioned
amendments, provides for that in the event of martial law: - in the absence of the
possibility to draw up procedural documents about investigative (search) or other
procedural actions, recording is carried out by technical means with subsequent drawing
up the protocol no later than 72 hours after the completion of these actions (para
two of part one); - in the absence of the possibility for further proceeding, completion
of the pre-trial investigation and submission an indictment, a request for the application
of coercive measures of a medical or educational nature, a request to discharge a
person from criminal responsibility to the court - the term of the pre-trial investigation
in criminal proceeding is suspended on the basis of a motivated resolution of the
prosecutor with a statement of the relevant circumstances and is subject to renewal
if the grounds for suspension no longer exist. Before suspension of the pre-trial
investigation, the prosecutor is obliged to decide on the issue of extending the term
of detention (para seven of part one); - in the absence of the possibility for performing
procedural actions within the time limits specified by the CPC such actions are carried
out immediately, where possible, but no later than 15 days after the termination or
cancellation of martial law (para nine of part one); - testimony obtained during the
interrogation of a suspect in criminal proceedings can be used as evidence in court,
if the defender participated in the interrogation, and its course and results were
recorded by technical means of video recording. Video recording of witness’ and victim’s
testimony obtained during interrogation is also allowed (part eleven); - the inquiring
officer, the investigator, the prosecutor shall ensure: (i) remote participation of
the defender in a separate procedural action using technical means of video and audio
communication if his/her appearance is impossible; (ii) participation at the earliest
opportunity of an interpreter to translate explanations, statements or documents of
the suspect, the victim. In the presence of circumstances that make his/her participation
impossible, the inquiring officer, the investigator, the prosecutor shall have the
right to personally carry out the appropriate translation, in the case of knowledge
of one of the languages spoken by the suspect, the victim (part twelve). The possibility
of applying the above-mentioned current norms provided for in Article 615 of the CPC,
makes it necessary to continue derogation from Ukraine's obligations under para 3
of Article 2, Articles 14 and 17 of the International Covenant on Civil and Political
Rights and Articles 6, 8 and 13 of the Convention for the Protection of Human Rights
and Fundamental Freedoms without prejudice to the fundamental principles of a fair
trial and legal protection, including the principle of ne bis in idem. Taking into
account the loss of validity of the part five of Article 615 of the CPC, derogation
under the previously defined Article 9 of the Covenant and Article 5 of the Convention
is withdrawn. II Regarding the time and territory to which the derogation applies
The above-mentioned norms of the CPC can be applied during the martial law imposed
on the territory of Ukraine from 05:30 on February 24, 2022.
|
| 12-05-2026 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
07-05-2026
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated April 27, 2026 No. 342/2026 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on May 4, 2026 for the period of 90 days. The above-mentioned Decree was approved
by the Law of Ukraine dated April 28, 2026 No. 4857-IX "On Approval of the Decree
of the President of Ukraine "On the Prolongation of the Term of Martial Law in Ukraine".
[…] [Communication regarding derogation measures is available at the site of the Council
of Europe under document number JJ9884C Tr./005-338 dated 11 May 2026.]
|
| 29-04-2026 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
01-04-2026
The Permanent Representation of the Republic of Moldova to the Council of Europe […]
pursuant to article 15 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms has the honour to notify that on 24 March 2026 the Parliament
of the Republic of Moldova declared the state of emergency for 60 days, starting from
25 March 2026, on the entire territory of the Republic of Moldova, taking into account
the proposal of the Government of the Republic of Moldova, based on the integrated
Report of The National Centre for Crisis Management on The necessity to declare state
of emergency, considering as well the damage sustained by the energy infrastructure
and, as a consequence, the imminent insufficiency of energy resources, affecting directly
and immediately the security of the state and the citizens. The Decision of the Parliament
is attached to this Note. The existing measures already in force or envisaged to be
implemented during the mentioned period of state of emergency entail or may entail
restrictions such as ordering, if necessary: 1. undertaking rapid actions to provide
energy resources and equipment required for the energy infrastructure; 2. ordering,
in case of necessity, the allocation of additional financial means for the procurement
or the needed amounts of energy resources and of the equipment required for the energy
infrastructure; 3. ruling, in case of necessity, the rationing of the consumption
or energy resources; 4. imposing, for certain economic operators. the obligation to
limit the supply of goods and services or to supply goods and services in certain
amounts, within certain limits or in compliance with certain special conditions, including
with respect to import or export, and the supply to the population or the public authorities
and institutions, if this is necessary in order to limit and liquidate the effects
of the crisis; 5. empowering energy enterprises to act for the purpose of purchasing.
producing, transporting, distributing, and supplying energy resources throughout the
territory of the country; 6. coordinating the activity of the mass-media in relation
to: a) informing the population about the causes and proportions of the emergency
state, the measures undertaken for the prevention of the danger, the liquidation of
the consequences of this crisis situation and protection of the population; b) notifying
the population about the rules of behaviour during the emergency state: c) introducing
special rules for the use of telecommunication means; 7. carrying out other necessary
actions to prevent, mitigate and liquidate the consequences of the energy resources
shortage and of the damage to the energy infrastructure that led to the emergency
state. With a view to enforcing the specified measures, the competent authorities
may derogate from the provisions of normative acts; the Government may empower the
authorities and public institutions to issue the necessary acts, including by derogation
from the provisions of normative acts. The acts adopted by the Government pursuant
to the decision declaring state of emergency are mandatory and enforceable for the
managers of the Central and Local Public Administration Authorities, of economic operators,
of public institutions, as well as for citizens and other persons within the territory
of the Republic of Moldova. The application of these measures has triggered the necessity
for the Republic of Moldova to derogate pursuant to article 15 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms from the application of
certain provisions of the Convention and its Protocols. Pursuant to article 15 (3)
of the European Convention for the Protection of Human Rights and fundamental Freedoms,
the Permanent Representation will inform the Secretary General of the Council of Europe
about the future developments regarding the state of emergency as well as when the
above-mentioned measures and derogations have ceased to apply, and the provisions
of the Convention are being fully implemented again on the territory of the Republic
of Moldova. […] [Link to Decision No. 38 of the Parliament declaring the state of
emergency is available at the website of the Council of Europe, document number JJ9875C,
Tr./005-337.]
Oekraïne gewijzigd
-
toegevoegd voorbehoud
10-11-2025
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated October 20, 2025 No. 793/2025 «On the Prolongation of the Term of
Martial Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours
30 minutes on November 05, 2025 for the period of 90 days, approved by the Law of
Ukraine dated October 21, 2025 No. 4643-IX "On Approval of the Decree of the President
of Ukraine "On the Prolongation of the Term of Martial Law in Ukraine". […] [Communication
regarding derogation measures is available at the site of the Council of Europe under
document number JJ9814C Tr./005-335 dated 10 November 2025.]
toegevoegd voorbehoud
02-02-2026
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated January 12, 2026 No. 40/2026 «On the Prolongation of the Term of
Martial Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours
30 minutes on February 3, 2026 for the period of 90 days, approved by the Law of Ukraine
dated January 14, 2026 No. 4757-IX "On Approval of the Decree of the President of
Ukraine "On the Prolongation of the Term of Martial Law in Ukraine". […] [Communication
regarding derogation measures is available at the site of the Council of Europe under
document number JJ9854C Tr./005-336 dated 4 February 2026.]
|
| 21-08-2025 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
13-08-2025
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated July 14, 2025 No. 478/2025 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on August 7, 2025 for the period of 90 days, approved by the Law of Ukraine dated
July 15, 2025 No. 4524-IX "On Approval of the Decree of the President of Ukraine "On
the Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9800C Tr./005-334 dated 13 August 2025.]
|
| 08-07-2025 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
28-01-2025
The Permanent Representation of Ukraine to the Council of Europe [...] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the updated
information about the derogation measures from its obligations under paragraph 3 of
Article 2, Articles 9, 14 and 17 of the International Covenant of Civil and Political
Rights and Articles 5, 6, 8 and 13 of the Convention for the Protection of Human Rights
and Fundamental Freedoms. [...] [Updated information regarding derogation measures
and time and territory is available at the site of the Council of Europe under document
number JJ9724C Tr. 005/331 dated 29 January 2025.]
toegevoegd voorbehoud
14-02-2025
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated 14 January 2025 No. 26/2025 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on 8 February 2025 for the period of 90 days, approved by the Law of Ukraine dated
15 January 2025 No. 4220-IX "On Approval of the Decree of the President of Ukraine
"On the Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9732C Tr./005-332 dated 14 February 2025.]
toegevoegd voorbehoud
28-04-2025
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated April 15, 2025 No. 235/2025 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on May 09, 2025 for the period of 90 days, approved by the Law of Ukraine dated April
16, 2025 No.4356-IX "On Approval of the Decree of the President of Ukraine "On the
Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9762C Tr./005-333 dated 29 April 2025.]
Kroatië gewijzigd
- Voorbehoud / verklaring: Nee
-
verwijderd voorbehoud
05-11-1997
In accordance with Article 64 of the Convention for the Protection of Human Rights
and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No
11], the Republic of Croatia does hereby make the following reservation in respect
of the right to a public hearing as guaranteed by Article 6, paragraph 1, of the Convention:
The Republic of Croatia cannot guarantee the right to a public hearing before the
Administrative Court in cases in which it decides on the legality of individual acts
of administrative authorities. In such cases the Administrative Court in principle
decides in closed session. The relevant provision of the Croatian law referred to
above is Article 34, paragraph 1, of the Law on Administrative Disputes, which reads
as follows: "In administrative disputes the Administrative Court decides in closed
session."
verwijderd voorbehoud
19-11-2024
Whereas the relevant provisions of the legislation of the Republic of Croatia have
been amended accordingly since the time of deposit of the instrument of ratification
of the Convention for the Protection of Human Rights and Fundamental Freedoms, done
at Rome on 4 November 1950, deposited on 5 November 1997, so as to better correspond
to Article 6, paragraph 1, of the Convention, the Republic of Croatia withdraws the
reservation made in accordance with Article 64 of the Convention (Article 57 since
the entry into force of Protocol No. 11) at the time of depositing its instrument
of ratification, in respect of the right to a public hearing as guaranteed by Article
6, paragraph 1, of the Convention.
|
| 05-12-2024 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
15-11-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated 28 October 2024 No. 740/2024 «On the Prolongation of the Term of
Martial Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours
30 minutes on 10 November 2024 for the period of 90 days, approved by the Law of Ukraine
dated 29 October 2024 No. 4024-IX "On Approval of the Decree of the President of Ukraine
"On the Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9681C Tr./005-329 dated 20 November 2024.]
Turkije gewijzigd
-
toegevoegd voorbehoud
28-02-2023
[Government of the Republic of Türkiye is] transmitting herewith a descriptive summary
and English translation of the Presidential Decree no. 125 on Measures Taken in the
Field of Labour and Social Security, published in the Official Gazette no. 32112 and
dated 22 February 2023, in the context of the State of Emergency declared on 8 February
2023. [Links to Descriptive Summary of Presidential Decree No. 125; and Presidential
Decree No. 125 on Measures Taken in the Field of Labour and Social Security; are available
at the website of the Council of Europe, document number JJ9464C, Tr./005-308.]
|
| 23-11-2024 |
Partij |
Partij
Kroatië gewijzigd
-
toegevoegd voorbehoud
19-11-2024
Whereas the relevant provisions of the legislation of the Republic of Croatia have
been amended accordingly since the time of deposit of the instrument of ratification
of the Convention for the Protection of Human Rights and Fundamental Freedoms, done
at Rome on 4 November 1950, deposited on 5 November 1997, so as to better correspond
to Article 6, paragraph 1, of the Convention, the Republic of Croatia withdraws the
reservation made in accordance with Article 64 of the Convention (Article 57 since
the entry into force of Protocol No. 11) at the time of depositing its instrument
of ratification, in respect of the right to a public hearing as guaranteed by Article
6, paragraph 1, of the Convention.
|
| 28-08-2024 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
20-08-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated July 23, 2024 No. 460/2024 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on August 12, 2024 for the period of 90 days, approved by the Law of Ukraine dated
July 23, 2024 No. 3891-IX "On Approval of the Decree of the President of Ukraine "On
the Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9660C Tr./005-328 dated 21 August 2024.]
|
| 07-06-2024 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
21-05-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated May 6, 2024 No. 271/2024 «On the Prolongation of the Term of Martial
Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes
on May14, 2024 for the period of 90 days, approved by the Law of Ukraine dated May
8, 2024 No. 3684- IX "On Approval of the Decree of the President of Ukraine "On the
Prolongation of the Term of Martial Law in Ukraine". […] [Communication regarding
derogation measures is available at the site of the Council of Europe under document
number JJ9628C Tr./005-327 dated 22 May 2024.]
|
| 26-04-2024 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
11-04-2024
The Permanent Representation of the Republic of Moldova to the Council of Europe,
with reference to the Note Verbale No. FRA-CoE/352.2/410 of 29 November 2023 notifying
about the prolongation of the state of emergency and the exercise by the Republic
of Moldova of the right of derogation from its obligations under the European Convention
for the Protection of Human Rights and Fundamental Freedoms, has the honour to inform
that the state of emergency in the Republic of Moldova ceased on 30 December 2023,
thus bringing to an end the derogations of the Republic of Moldova from the application
of certain provisions of the Convention and its Protocols. The Permanent Representation
of the Republic of Moldova kindly asks this communication to be considered as a notification
on the termination of the above-mentioned derogations, in accordance with Article
15, paragraph 3, of the Convention.
Oekraïne gewijzigd
-
toegevoegd voorbehoud
20-02-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the information
about the derogation measures from its obligations under the Convention for the Protection
of Human Rights and Fundamental Freedoms according to the Decree of the President
of Ukraine dated February 5, 2024 No. 49/2024 «On the Prolongation of the Term of
Martial Law in Ukraine», by which Martial Law was extended in Ukraine from 05 hours
30 minutes on February 14, 2024 for the period of 90 days, approved by the Law of
Ukraine dated February 6, 2024 No. 3564-IX "On Approval of the Decree of the President
of Ukraine "On the Prolongation of the Term of Martial Law in Ukraine". […] [Communication
regarding derogation measures is available at the site of the Council of Europe under
document number JJ9601C Tr./005-323 dated 20 February 2024.]
toegevoegd voorbehoud
05-03-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the updated
information about the derogation measures from its obligations under the Convention
for the Protection of Human Rights and Fundamental Freedoms regarding possible application
of Article 615 of the Criminal Procedure Code of Ukraine “Special regime of criminal
proceedings under martial law" as amended by the Law of Ukraine of 27 July 2022 No.
2462- IX "On introduction of the amendments to Criminal Procedure Code of Ukraine
concerning the improvement of certain provisions on pre-trial investigation under
martial law”. […] [Communication regarding derogation measures is available at the
site of the Council of Europe under document number JJ9606C Tr./005-324 dated 6 March
2024.]
toegevoegd voorbehoud
05-04-2024
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to submit to the Secretary General on behalf of the Government of Ukraine the updated
information about the derogation measures from its obligations under the Convention
for the Protection of Human Rights and Fundamental Freedoms regarding in accordance
with article 15 of the said Convention due to introduction to martial law in Ukraine,
as prepared by the Ministry of Justice of Ukraine. […] [Revised Notification about
the derogation measures from Ukraine obligations under the Convention (Article 15)
is available at the site of the Council of Europe under document number JJ9614C Tr./005-325
dated 8 April 2024.]
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