Council of Europe standards still apply in Ukraine, said the Secretary General Thorbjørn Jagland in response to a notification by Ukraine that it would derogate from the European Convention on Human Rights under Article 15 of the Convention:
“Yesterday I was notified by the Foreign Minister of Ukraine Pavlo Klimkin that given the emergency situation in the country, the authorities of Ukraine decided to use Article 15 of the European Convention on Human Rights to derogate from certain rights enshrined in the Convention.
The European Convention on Human Rights continues to apply in Ukraine. This decision will not prevent the European Court of Human Rights from examining applications concerning Ukraine. It will not result in any changes in the project activities of the Office of the Council of Europe in Kyiv.
In view of the deteriorating security situation in the East of Ukraine, I call on all parties to immediately stop violence and bloodshed resulting in loss of lives. I urge them to take all measures to fully implement the Minsk Agreements without delay. Further escalation of the conflict will have unacceptable consequences for security, stability and human rights in Ukraine and in Europe as a whole”, he said.
The Ukrainian authorities provided reasons for this decision in the information document distributed today to all member states of the Council of Europe.
The Ukrainian authorities have indicated that the derogation would apply only in zones covered by the “anti-terrorist operation”. The Ukrainian authorities shall keep the Secretary General fully informed of the measures taken and reasons for taking them, as well as of any changes in their territorial application.
The derogation in times of emergency, war or in other circumstances threatening the life of a nation is foreseen by the European Convention on Human Rights and has been used in the past by other State Parties. The derogation deposited under Article 15 does not mean that Ukraine is no longer bound by the European Convention on Human Rights, that it is no longer a member of the Council of Europe, or that our co-operation is being put on hold.
Note to editors
ARTICLE 15 of the European Convention on Human Rights
Derogation in time of emergency
1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.