| 15-02-2024 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
29-11-2023
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, wishes to notify that on 24 November 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency for
a period of 30 days, from 1 December 2023 to 31 December 2023, on the entire territory
of the Republic of Moldova, taking into account the situation related to the regional
security and the menace to the national security. The Decision of the Parliament is
attached to this Note. The Parliament decision of 24 November succeeds the previous
Decision on prolongation of the state of emergency No. 274 of 21 September 2023 notified
by Note Verbale No. FRA-CoE/352.2/328, and contains the same provisions including
the article 6, providing that the current state of emergency doesn’t affect the organisation
and conduct of the elections on the territory of the Republic of Moldova. 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,
establishing a special regime for entry in and exit out of the country; establishing
special regime for the use of the airspace; establishing a special regime of movement
on the territory of the country, including of the movement and control of merchandise;
expelling from the territory of the country people whose presence may affect the ensuring
of the public order and security; temporary evacuation of the citizens from the areas
that pose menace to life and the obligatory provision of permanent or provisional
accommodation for them; allocating financial means for the enforcement of the directives
of the Commission for Exceptional Situations of the Republic of Moldova, if it is
necessary; establishing a special working regime for the economic agents and public
institutions, solving other issues related to their activities, necessary for carrying
out rescue and extrication operations and other urgent operations; prohibition on
holding rallies, public demonstrations and other mass actions; prohibition on the
creation and activity of paramilitary formation of persons on the territory of the
state; ordering, as needed, the temporary disruption of gas, energy and drinking water
supply; adoption of the necessary decisions to undertake swift actions to supply natural
gas, electricity and other energy sources, including by derogation from the normative
provisions; coordination of the activity of mass media regarding the introduction
of special rules for the use of telecommunications, the fight against misinformation,
fake news and hate speech; prohibition of the dismissal of employees, except for the
cases provided by the normative acts, for this period; modification of the procedure
for the appointment and dismissal of the heads of economic agents and public institutions;
involvement of citizens in the provisions of services in the public interest in accordance
with the law; carrying out, in the manner provided by law, the requisition of goods
in order to prevent and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; carrying out necessary actions in order
to prevent, mitigate and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; taking the necessary measures for the management
of the migration flows; accessing and managing the international assistance for the
duration of the state of emergency. 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. In the
context of major national security threats in the immediate vicinity of the land border
between the Republic of Moldova and Ukraine, including those of humanitarian, economic,
energy and military nature, as a result of the continuing war on the territory of
Ukraine, the afore-mentioned measures are essential and critical in protecting the
national security of the country. According to the report presented by the Ministry
of Internal Affairs of the Republic of Moldova during the plenary session of the Parliament
on 24 November 2023, during the previous emergency period, the actions of the Government
and the Commission for Exceptional Situations did not exceed the limits of the mandate
assigned by the Parliament, there were no interferences in respect of the exercise
of the fundamental rights of citizens, and the competent authorities acted in a transparent
manner, the derogations from the legal framework being proportionate and necessary
for the management and overcoming of all emergency situations. 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. 361 of the Parliament on the extension of the state
of emergency is available at the website of the Council of Europe, document number
JJ9581C, Tr./005-322.]
Oekraïne gewijzigd
-
toegevoegd voorbehoud
21-11-2023
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 November 6, 2023 No 734/2023 «On the extension of Martial Law in
Ukraine», by which Martial Law was extended in Ukraine from 05 hours 30 minutes on
November 16, 2023 for the period of 90 days, approved by the Law of Ukraine dated
November 8 2023 No. 3429-IX "On Approval of the Decree of the President of Ukraine
"On the Extension of Martial Law in Ukraine". […] [Text of presidential decree is
available at the site of the Council of Europe under document number JJ9579C Tr./005-321
dated 21 November 2023.]
|
| 09-10-2023 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
26-09-2023
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, wishes to notify that on 21 September 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency for
a period of 60 days, from 2 October 2023 to 30 November 2023, on the entire territory
of the Republic of Moldova , taking into account the situation related to the regional
security and the menace to the national security. The Decision of the Parliament is
attached to this Note. The Parliament decision of 21 September succeeds the previous
Decision on prolongation of the state of emergency No. 244 of 31 July 2023 notified
by Note Verbale No. FRA-CoE/352.2/287, and contains the same provisions including
the article 6, providing that the current state of emergency doesn’t affect the organisation
and conduct of the elections on the territory of the Republic of Moldova. 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,
establishing a special regime for entry in and exit out of the country; establishing
special regime for the use of the airspace; establishing a special regime of movement
on the territory of the country, including of the movement and control of merchandise;
expelling from the territory of the country people whose presence may affect the ensuring
of the public order and security; temporary evacuation of the citizens from the areas
that pose menace to life and the obligatory provision of permanent or provisional
accommodation for them; allocating financial means for the enforcement of the directives
of the Commission for Exceptional Situations of the Republic of Moldova, if it is
necessary; establishing a special working regime for the economic agents and public
institutions, solving other issues related to their activities, necessary for carrying
out rescue and extrication operations and other urgent operations; prohibition on
holding rallies, public demonstrations and other mass actions; prohibition on the
creation and activity of paramilitary formation of persons on the territory of the
state; ordering, as needed, the temporary disruption of gas, energy and drinking water
supply; adoption of the necessary decisions to undertake swift actions to supply natural
gas, electricity and other energy sources, including by derogation from the normative
provisions; coordination of the activity of mass media regarding the introduction
of special rules for the use of telecommunications, the fight against misinformation,
fake news and hate speech; prohibition of the dismissal of employees, except for the
cases provided by the normative acts, for this period; modification of the procedure
for the appointment and dismissal of the heads of economic agents and public institutions;
involvement of citizens in the provisions of services in the public interest in accordance
with the law; carrying out, in the manner provided by law, the requisition of goods
in order to prevent and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; carrying out necessary actions in order
to prevent, mitigate and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; taking the necessary measures for the management
of the migration flows; accessing and managing the international assistance for the
duration of the state of emergency. 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. In the
context of major national security threats in the immediate vicinity of the land border
between the Republic of Moldova and Ukraine, including those of humanitarian, economic,
energy and military nature, as a result of the continuing war on the territory of
Ukraine, the afore-mentioned measures are essential and critical in protecting the
national security of the country. 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.
308 of the Parliament on the extension of the state of emergency is available at the
website of the Council of Europe, document number JJ9559C, Tr./005-320.]
|
| 14-09-2023 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
01-08-2023
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, wishes to notify that on 31 July 2023 the Parliament of
the Republic of Moldova adopted the prolongation of the state of emergency for a period
of 60 days, from 3 August 2023 to 1 October 2023, on the entire territory of the Republic
of Moldova, taking into account the situation related to the regional security and
the menace to the national security. The Decision of the Parliament is attached to
this Note. The Parliament decision of 31 July succeeds the previous Decision on prolongation
of the state of emergency No. 133 of 26 May 2023 notified by Note Verbale No. FRA-CoE/352.2/201,
and contains the same provisions including the article 6, providing that the current
state of emergency doesn’t affect the organisation and conduct of the elections on
the territory of the Republic of Moldova. 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, establishing a special
regime for entry in and exit out of the country; establishing special regime for the
use of the airspace; establishing a special regime of movement on the territory of
the country, including of the movement and control of merchandise; expelling from
the territory of the country people whose presence may affect the ensuring of the
public order and security; temporary evacuation of the citizens from the areas that
pose menace to life and the obligatory provision of permanent or provisional accommodation
for them; allocating financial means for the enforcement of the directives of the
Commission for Exceptional Situations of the Republic of Moldova, if it is necessary;
establishing a special working regime for the economic agents and public institutions,
solving other issues related to their activities, necessary for carrying out rescue
and extrication operations and other urgent operations; prohibition on holding rallies,
public demonstrations and other mass actions; prohibition on the creation and activity
of paramilitary formation of persons on the territory of the state; ordering, as needed,
the temporary disruption of gas, energy and drinking water supply; adoption of the
necessary decisions to undertake swift actions to supply natural gas, electricity
and other energy sources, including by derogation from the normative provisions; coordination
of the activity of mass media regarding the introduction of special rules for the
use of telecommunications, the fight against misinformation, fake news and hate speech;
prohibition of the dismissal of employees, except for the cases provided by the normative
acts, for this period; modification of the procedure for the appointment and dismissal
of the heads of economic agents and public institutions; involvement of citizens in
the provisions of services in the public interest in accordance with the law; carrying
out, in the manner provided by law, the requisition of goods in order to prevent,
mitigate and liquidate the consequences of the situations that imposed the declaration
of the state of emergency; carrying out necessary actions in order to prevent and
liquidate the consequences of the situations that imposed the declaration of the state
of emergency; taking the necessary measures for the management of the migration flows;
accessing and managing the international assistance for the duration of the state
of emergency. 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. In the context of major national
security threats in the immediate vicinity of the land border between the Republic
of Moldova and Ukraine, including those of humanitarian, economic, energy and military
nature, as a result of the continuing war on the territory of Ukraine, the afore-mentioned
measures are essential and critical in protecting the national security of the country.
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. 244 of the Parliament
on the extension of the state of emergency is available at the website of the Council
of Europe, document number JJ9544C, Tr./005-318.]
|
| 01-09-2023 |
Partij |
Partij
Oekraïne gewijzigd
-
toegevoegd voorbehoud
28-08-2023
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 26, 2023 No 451/2023 «On the extension of Martial Law in Ukraine»,
by which Martial Law was extended in Ukraine from 05 hours 30 minutes on August 18,
2023 for the period of 90 days, approved by the Law of Ukraine dated July 26 2023
No. 3275-IX "On Approval of the Decree of the President of Ukraine "On the Extension
of Martial Law in Ukraine". […]
|
| 01-06-2023 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
30-05-2023
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, wishes to notify that on 26 May 2023 the Parliament of the
Republic of Moldova adopted the prolongation of the state of emergency for a period
of 60 days, from 4 June 2023 to 2 August 2023, on the entire territory of the Republic
of Moldova, taking into account the situation related to the regional security and
the menace to the national security. The Decision of the Parliament is attached to
this Note. The Parliament decision of 26 May contains the same provisions as the previous
Decision on prolongation of the state of emergency No. 67 of 30 March 2023 notified
by Note Verbale No. FRA-CoE/352.2/140, including the article 6 providing that the
current state of emergency doesn’t affect the organisation and conduct of the elections
on the territory of the Republic of Moldova. 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, establishing a special
regime for entry in and exit out of the country; establishing special regime for the
use of the airspace; establishing a special regime of movement on the territory of
the country, including of the movement and control of merchandise; expelling from
the territory of the country people whose presence may affect the ensuring of the
public order and security; temporary evacuation of the citizens from the areas that
pose menace to life and the obligatory provision of permanent or provisional accommodation
for them; allocating financial means for the enforcement of the directives of the
Commission for Exceptional Situations of the Republic of Moldova, if it is necessary;
establishing a special working regime for the economic agents and public institutions,
solving other issues related to their activities, necessary for carrying out rescue
and extrication operations and other urgent operations; prohibition on holding rallies,
public demonstrations and other mass actions; prohibition on the creation and activity
of paramilitary formation of persons on the territory of the state; ordering, as needed,
the temporary disruption of gas, energy and drinking water supply; adoption of the
necessary decisions to undertake swift actions to supply natural gas, electricity
and other energy sources, including by derogation from the normative provisions; coordination
of the activity of mass media regarding the introduction of special rules for the
use of telecommunications, the fight against misinformation, fake news and hate speech;
prohibition of the dismissal of employees, except for the cases provided by the normative
acts, for this period; modification of the procedure for the appointment and dismissal
of the heads of economic agents and public institutions; involvement of citizens in
the provisions of services in the public interest in accordance with the law; carrying
out, in the manner provided by law, the requisition of goods in order to prevent and
liquidate the consequences of the situations that imposed the declaration of the state
of emergency; carrying out necessary actions in order to prevent and liquidate the
consequences of the situations that imposed the declaration of the state of emergency;
taking the necessary measures for the management of the migration flows; accessing
and managing the international assistance for the duration of the state of emergency.
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. In the context of major national security threats
in the immediate vicinity of the land border between the Republic of Moldova and Ukraine,
including those of humanitarian, economic, energy and military nature, as a result
of the continuing war on the territory of Ukraine, the afore-mentioned measures are
essential and critical in protecting the national security of the country. 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. 133 of the Parliament of Moldova
on the extension of the state of emergency is available at the website of the Council
of Europe, document number JJ9502C, Tr./005-317.]
Oekraïne gewijzigd
-
toegevoegd voorbehoud
25-05-2023
The Permanent Representation of Ukraine to the Council of Europe [...] has the honour
to inform the Secretary General on behalf of the Government of Ukraine 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 date
01.05.2023 No. 254/2023 “On the extension of Martial Law in Ukraine”, by which Martial
Law was extended in Ukraine from 05 hours 30 minutes on May 20, 2023 for the period
of 90 days, approved by the Law of Ukraine dated 02.05.2023 No. 3057-IX “On Approval
of the Decree of the President of Ukraine ‘On extension of Martial Law in Ukraine’”.
[...] [Text of presidential decree is available at the site of the Council of Europe
under document number JJ9501C Tr./005-316 dated 26 May 2023.]
|
| 22-05-2023 |
Partij |
Partij
Turkije gewijzigd
-
toegevoegd voorbehoud
12-05-2023
[Government of the Republic of Türkiye] would like to refer to […] the notices of
derogation by the Government of the Republic of Türkiye under Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“Convention”), following
the declaration of the State of Emergency on 8 February 2023 (Presidential Decision
No.6785). [Government is] now informing […], as per Article 15/3 of the Convention,
that on 9 May 2023, the State of Emergency ended as set by the Presidential Decision
No. 6785 and the measures that were the subject of the notices of derogation ceased
to operate.
|
| 04-05-2023 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
07-04-2023
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, wishes to notify that on the 30 March 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
5 April 2023 to 3 June 2023, on the entire territory of the Republic of Moldova, taking
into account the situation related to the regional security and the menace to the
national security. The Decision of the Parliament is attached to this Note. The Parliament
decision of 30 March contains the same provisions as the previous Decision on prolongation
of the state of emergency No. 12 of 2 February 2023 notified by Note Verbale No. FRA-CoE/352.2/45,
except for the article 6 providing that the current state of emergency doesn’t affect
the organisation and conduct of the elections on the territory of the Republic of
Moldova. 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, establishing a special regime for entry in and exit out
of the country; establishing special regime for the use of the airspace; establishing
a special regime of movement on the territory of the country, including of the movement
and control of merchandise; expelling from the territory of the country people whose
presence may affect the ensuring of the public order and security; temporary evacuation
of the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out necessary actions
in order to prevent and liquidate the consequences of the situations that imposed
the declaration of the state of emergency; taking the necessary measures for the management
of the migration flows; accessing and managing the international assistance for the
duration of the state of emergency. 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. In the
context of major national security threats in the immediate vicinity of the land border
between the Republic of Moldova and Ukraine, including those of humanitarian, economic,
energy and military nature, as a result of the continuing war on the territory of
Ukraine, the afore-mentioned measures are essential and critical in protecting the
national security of the country. 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 the Decision
No. 67 of the Parliament of Moldova on the extension of the state of emergency is
available at the website of the Council of Europe, document number JJ9485C, Tr./005-312.]
Turkije gewijzigd
-
toegevoegd voorbehoud
20-02-2023
[...] The measures taken concerning public officials, as stipulated in Presidential
Decree No. 122, may involve derogation from Articles 4§2 and 8 of the Convention [...]
. The measures to be taken in the field of donation and aid, as stipulated in Presidential
Decree No, 124, do not require any derogation. [Links to Presidential Decree No. 122
on measures taken concerning public officials and Descriptive Summay of Presidential
Decrees Nos. 122 and 124 are available at the website of the Council of Europe, document
JJ9463C, Tr. /005-307.]
|
| 28-02-2023 |
Partij |
Partij
Turkije gewijzigd
- Voorbehoud / verklaring: Ja
-
toegevoegd voorbehoud
10-02-2023
[…] The Government of the Republic of Türkiye would like to give the following notice
[…] under Article 15 of the European Convention on Human Rights (“the Convention”).
On 6 February 2023 two earthquakes struck our country: first, a 7.7 magnitude tremor
at 4.17 a.m. with its epicentre in Pazarcık district of Kahramanmaraş province, and
secondly, a 7.6 magnitude tremor at 1.24 p.m. with its epicentre in Elbistan district
of Kahramanmaraş province. These natural disasters affected an area of approximately
110,000 square kilometers and caused destruction in ten provinces of Türkiye and directly
affected around 13.5 million people. The Republic of Türkiye is taking the required
measures as prescribed by law, in line with the national legislation and its international
obligations. In this context, on 8 February 2023 a State of Emergency was declared
for a duration of three months in Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş,
Kilis, Malatya, Osmaniye and Şanlıurfa provinces in accordance with Article 119 of
the Constitution and Article 3§1(a) of Law on State of Emergency (Law No. 2935). The
Presidential Decision no. 6785 on the state of emergency was published on the Official
Gazette on 8 February 2023. This decision was approved by the Grand National Assembly
of Türkiye on 9 February 2023 and was published on the Official Gazette on 10 February
2023. In view of the disaster threatening the life of the nation, it may be necessary
for the Government to take measures for the purposes of rescuing those struck by the
disaster, repairing the resulting damage and loss, ensuring more effective delivery
of public services, and protecting public order, safety and health, among others.
The obligations that may be imposed and the measures that may be taken in an emergency
situation caused by a natural disaster are prescribed in detail by Articles 5 to 9,
25(a) and 32 of the Law on State of Emergency (Law no. 2935). The measures to be taken
in this context may involve derogation from the obligations under Articles 4§2, 8,
10, 11 of the Convention and Articles 1 and 2 of Protocol No. 1, to the extent required
by the exigencies of the situation. It is also possible, by virtue of Article 119
of the Constitution, to take additional measures via a Presidential Decree on issues
required by the state of emergency. In the event the additional measures are taken
in this context, further information will be provided. The Government will inform
[…], per Article 15 of the Convention, when such measures have ceased to operate.
[…] [Links to English translations of the relevant laws, Presidential Decision and
Decision of Approval of the Grand National Assembly of Türkiye are available at the
website of the Council of Europe, document JJ9457C, Tr./005-304.]
toegevoegd voorbehoud
15-02-2023
[…] In addition to the articles of the Convention referred to in [declaration Türkiye
of 13 February 2023], the measures to be taken in the field of judiciary, as stipulated
in Presidential Decree No. 120, may involve derogation from Articles 5 and 6§1 of
the Convention. English translation of the said Presidential Decree is enclosed with
this letter. The measures to be taken in the field of health, as stipulated in Presidential
Decree No. 121, do not require any derogation. [Links to Presidential Decree No. 120
and Descriptive Summaries of Presidential Decrees Nos. 120 and 121 are available at
the website of the Council of Europe, document JJ9458C, Tr. 005-305.]
|
| 24-02-2023 |
Partij |
Partij
Moldavië gewijzigd
-
toegevoegd voorbehoud
07-12-2022
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, wishes to notify that on the 1st of December 2022 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
6 December 2022 to 3 February 2023, on the entire territory of the Republic of Moldova,
taking into account the situation related to the regional security and the menace
to the national security. 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, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency. 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. In the context of major national security threats in the immediate
vicinity of the land border between the Republic of Moldova and Ukraine, including
those of humanitarian, economic, energy and military nature, as a result of the continuing
war on the territory of Ukraine, the afore-mentioned measures are essential and critical
in protecting the national security of the country. 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. [Decision of the Parliament of the Republic of Moldova is available on
the Council of Europe website, document JJ9429C Tr./005-300.]
toegevoegd voorbehoud
08-02-2023
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, wishes to notify that on the 2nd of February 2023 the Parliament
of the Republic of Moldova adopted the prolongation of the state of emergency, from
4 February 2023 to 4 April 2023, on the entire territory of the Republic of Moldova,
taking into account the situation related to the regional security and the menace
to the national security. 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, establishing a special regime for entry in and exit out of the country;
establishing special regime for the use of the airspace; establishing a special regime
of movement on the territory of the country, including of the movement and control
of merchandise; expelling from the territory of the country people whose presence
may affect the ensuring of the public order and security; temporary evacuation of
the citizens from the areas that pose menace to life and the obligatory provision
of permanent or provisional accommodation for them; allocating financial means for
the enforcement of the directives of the Commission for Exceptional Situations of
the Republic of Moldova, if it is necessary; establishing a special working regime
for the economic agents and public institutions, solving other issues related to their
activities, necessary for carrying out rescue and extrication operations and other
urgent operations; prohibition on holding rallies, public demonstrations and other
mass actions; prohibition on the creation and activity of paramilitary formation of
persons on the territory of the state; ordering, as needed, the temporary disruption
of gas, energy and drinking water supply; adoption of the necessary decisions to undertake
swift actions to supply natural gas, electricity and other energy sources, including
by derogation from the normative provisions; coordination of the activity of mass
media regarding the introduction of special rules for the use of telecommunications,
the fight against misinformation, fake news and hate speech; prohibition of the dismissal
of employees, except for the cases provided by the normative acts, for this period;
modification of the procedure for the appointment and dismissal of the heads of economic
agents and public institutions; involvement of citizens in the provisions of services
in the public interest in accordance with the law; carrying out, in the manner provided
by law, the requisition of goods in order to prevent and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; carrying
out necessary actions in order to prevent, mitigate and liquidate the consequences
of the situations that imposed the declaration of the state of emergency; taking the
necessary measures for the management of the migration flows; accessing and managing
the international assistance for the duration of the state of emergency. 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. In the context of major national security threats in the immediate
vicinity of the land border between the Republic of Moldova and Ukraine, including
those of humanitarian, economic, energy and military nature, as a result of the continuing
war on the territory of Ukraine, the afore-mentioned measures are essential and critical
in protecting the national security of the country. 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. [Decision of the Parliament of the Republic of Moldova is available on
the Council of Europe website, document JJ9454C Tr./005-303.]
Oekraïne gewijzigd
-
toegevoegd voorbehoud
16-12-2022
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to inform [...] on behalf of the Government of Ukraine 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 date 07.11.2022 No. 757/2022
“On the extension of Martial Law in Ukraine”, by which Martial Law was extended in
Ukraine from 05 hours 30 minutes on November 21, 2022 for the period of 90 days, approved
by the Law of Ukraine dated 16.11.2022 No. 2738-IX “On Approval of the Decree of the
President of Ukraine ‘On extension of Martial Law in Ukraine’”. […]
toegevoegd voorbehoud
16-02-2023
The Permanent Representation of Ukraine to the Council of Europe […] has the honour
to inform […] on behalf of the Government of Ukraine 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 date 06.02.2023 No. 58/2023
“On the extension of Martial Law in Ukraine”, by which Martial Law was extended in
Ukraine from 05 hours 30 minutes on February 19, 2023 for the period of 90 days, approved
by the Law of Ukraine dated 07.02.2023 No. 2915-IX “On Approval of the Decree of the
President of Ukraine ‘On extension of Martial Law in Ukraine’”. […] [Text of presidential
decree is available at the site of the Council of Europe under document number JJ9462C
Tr./005-306 dated 17 February 2023.]
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| 04-01-2023 |
Partij |
Partij
Georgië gewijzigd
-
toegevoegd voorbehoud
31-12-2022
The Permanent Representation of Georgia […] pursuant to Article 15 of the Convention
for the Protection of Human Rights and Fundamental Freedoms wishes to inform that
the emergency legislation notified by the previous Note N24/18596, dated 15 July 2020,
and subsequent Notes N24/1, dated 1 January 2021; N24/17898, dated 30 June 2021 and
N24/36213, dated 31 December 2021, shall cease to operate on 1 January 2023 and shall
not be further extended. As of the above indicated date the obligations under Articles
5, 6, 8 and 11 of the Convention, Articles 1 and 2 of Protocol No. 1 to the Convention
and Article 2 of Protocol No. 4 to the Convention shall again be fully executed. […]
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