The Ministry of Justice of Ukraine has submitted a statement to the Council of Europe on a partial temporary withdrawal from compliance with the European Convention on the Protection of Human Rights and Freedoms. It contains a list of rights and freedoms that may be restricted.
The relevant document is published on the website of the Council of Europe. It is clarified that the statement was submitted on April 4, 2024.
According to the document, the military leadership of Ukraine gets the right to restrict the freedom of movement of citizens, inspect things, as well as forcibly expropriate property for the needs of the state. Article 15 of the Convention on Human Rights provides for temporary constitutional restrictions during martial law. The statement states that Ukraine will cease to comply with the following provisions of the Convention during martial law (war):
- inviolability of housing;
- confidentiality of correspondence, telephone conversations and other correspondence;
- non-interference in personal and family life;
- freedom of movement and free choice of residence;
- the right to freedom of thought and speech;
- free expression of views and beliefs, as well as the right to collect, store and disseminate information;
- the right to hold meetings, rallies and strikes;
- the right to own, use and dispose of oneʼs property.
The document lists specific measures that may be implemented during martial law in violation of the Convention:
- forced alienation of private or communal property for the needs of the state;
- introduction of curfew;
- special regime of entry and exit, restrictions on the movement of citizens and foreigners, traffic;
- inspection of things, transport, baggage, cargo, office premises and citizensʼ housing;
- ban on citizens who are on military or special registration to change their place of residence or stay without proper permission.
Ukraine has been under martial law and general mobilization since February 24, 2022, due to the military invasion of Russia.