Council of Europe Publishes Ukraine's Request for Suspension of Certain Clauses of Human Rights Convention Provisions Amid Russian War

Ukraine has submitted an application to the Council of Europe for the partial suspension of certain provisions of the European Convention on Human Rights due to martial law. In particular, it concerns the cancellation of the right to dispose of one's property.

The relevant document was published on the Council of Europe's website.

According to the application, Ukraine will cease to comply with a number of provisions of the Convention during the war.

It is noted that in the territory where martial law has been introduced, the military command may, within the limits of temporary restrictions on constitutional human rights and freedoms, implement measures of the martial law regime, in particular

carry out expropriation of private or municipal property for the needs of the state under martial law in accordance with the procedure established by law and issue relevant documents;

to introduce a curfew (prohibition to stay on the streets and in other public places at certain times without specially issued passes and certificates) in accordance with the established procedure;

to establish a special regime of entry and exit, to restrict the freedom of movement of citizens, foreigners and stateless persons;

to conduct, in accordance with the established procedure, an inspection of belongings, vehicles, luggage and cargo, office premises and housing of citizens, except for restrictions established by the Constitution of Ukraine;

prohibit peaceful assemblies, rallies, marches, demonstrations and other mass events;

to impose a ban or restrictions on the choice of place of stay or place of residence of persons in the territory where martial law has been introduced;

to prohibit citizens who are registered with the military or special registry to change their place of residence (place of stay) without a corresponding permit;

establish military housing obligation for individuals and legal entities.

"The possibility of applying the above measures necessitates a derogation from the obligations under Articles 12, 17, 19, 21, 25 of the International Covenant on Civil and Political Rights and Articles 8, 10, 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms," the document says.

As a reminder, since Russia's full-scale military attack on 24 February 2022, Ukrainian President Volodymyr Zelenskyy has declared martial law across the country.

Following this, the Verkhovna Rada voted in favour of martial law. After that, martial law and mobilisation are regularly extended.

As The Gaze previously wrote, due to the ongoing Russian war in Ukraine and the imposition of martial law, it is also impossible to hold regular parliamentary and presidential elections. According to the Constitution, the country's supreme law, the powers of the president and parliament are currently extended until martial law is lifted.