Ukraine will not comply with the Convention for the Protection of Human Rights during martial law.
This is said in a written statement to the Council of Europe on partial derogation from the European Convention for the Protection of Human Rights and Freedoms.
On April 4, 2024, Ukraine submitted a statement to the Council of Europe stating that during martial law, human rights provided for in a number of articles of the Constitution may be restricted. Including the right to free elections.
The articles of the Constitution, which are subject to restrictions, guarantee:
- Inviolability of the home (Article 30);
- Secrecy of correspondence, telephone conversations and other correspondence (Article 31);
- Non-interference in private (personal and family life) (Article 32);
- Freedom of movement, free choice of place of residence, the right to freely leave the territory of Ukraine, (Article 33);
- The right to freedom of thought and speech, free expression of views and beliefs, as well as the right to freely collect, store, use and disseminate information (Article 34);
- The right to hold meetings, rallies, processions and demonstrations, as well as the right to strike (Articles 39, 44);
- The right to own, use and dispose of their property (Article 41); etc.
The document also lists the measures taken in Ukraine during martial law that may be considered a derogation from the Convention for the Protection of Human Rights and the International Covenant on Civil and Political Rights.
In particular:
- Forcible alienation of private or municipal property for the needs of the state;
- Introduction of a curfew;
- Special regime of entry and exit, restrictions on the movement of citizens, foreigners and stateless persons, and traffic;
- Inspection of belongings, transport, luggage, cargo, office premises and homes of citizens;
- Prohibition of peaceful gatherings, rallies, processions, demonstrations and other events;
- Prohibition or restriction on the choice of place of stay or place of residence;
- Prohibiting citizens who are registered in the military or special registry from changing their place of residence or stay without proper authorization;
- Establishment of a military fee for individuals and legal entities.
Earlier, we wrote that starting from April 25, Ukrainian men, aged 18 to 60, will be able to obtain passports only on the territory of Ukraine.