Ukraine Informs the Council of Europe about Departures from Human Rights Convention

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Ukraine has notified the Secretary General of the Council of Europe about the suspension of the implementation of certain obligations under the European Convention on Human Rights by Kyiv.

According to Evropeiska Pravda, this was said in a statement by the Secretary General of the Council of Europe, Thorbjørn Jagland, which was released on June 10.

This procedure is provided for by the Convention and the rules of the Council of Europe, and allows Ukraine to reduce the number of decisions made by European Court of Human Rights on the violations of the Convention by Ukraine.

“Yesterday (June 9), Foreign Minister Klimkin told me that, because of the national emergency, authorities decided to apply Article 15 of the European Convention on Human Rights, which allows to be able to derogate certain parts of the Convention,” said Jagland.

According to him, a formal notice by Kyiv on this issue was registered at the Secretariat General on June 10.

The notice emphasizes that the restrictions relate to the territory where the anti-terrorist operation is taking place.

The text of the official notice by Ukraine is available on the website of the Council of Europe.

Earlier, on May 21, the Verkhovna Rada adopted a resolution to derogate certain provisions of the Convention. As indicated in the document, Parliament has adopted a number of laws relating to parts of Donetsk and Lughansk region that are incompatible with certain international obligations. This includes the preventive detention of persons involved in terrorist activities for a period exceeding 72 hours, a special regime of pre-trial investigation under martial law during a state of emergency or in the anti-terrorist operation area, a change of the territorial jurisdiction of court cases and criminal offenses in the area of ​​the ATO, and the establishment of military and civil administrations.

Experts from Human Rights Agenda* called for another resolution that would impose additional duties on various state agencies to ensure the rights and freedoms of those in the ATO territory, as well as make changes to those laws which are not effective and contradict the Constitution and international human rights standards.

*Note: Human Rights Agenda is an informal coalition of human rights organizations working in the field of monitoring, analysis, and development of legislation in accordance with the principles of human rights and fundamental freedoms. The participants of the Human Rights Agenda are the Ukrainian Helsinki Human Rights Union (UHHRU), Kharkiv Human Rights Protection Group (KHPG), Center for Civil Liberties, Amnesty International Ukraine, Human Rights Information Center, Centre of Law Enforcement Activities Research (CLEAR), Human Rights House Kyiv, Social Action Center, No Borders Project, and Euromaidan SOS.