The Minister of Justice Denys Malyuska explained the meaning of his ministryʼs 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.
He wrote about it on Facebook.
According to him, immediately after the introduction of martial law in February 2022, Ukraine sent a notification to the Council of Europe about the application of restrictions on certain human rights — this is part of international obligations. In addition, Ukraine has been sending such messages since 2015. This is standard procedure for all countries at war.
Instead, in April 2024, Ukraine once again clarified the list of current restrictions and reduced it. International obligations include periodic review of Ukrainian statements and possible restrictions.
"Ukraine did not suspend protection in April, but on the contrary, revised and removed the caveat regarding the restriction of a certain set of rights," the minister summarized.
Ukraine, as a member state of the Council of Europe, is obliged to comply with the norms for observing human rights provided for by the Convention. In case of violation, a lawsuit can be filed against Ukraine at the European Court of Human Rights in Strasbourg (ECHR). However, the ECHR gives member states the right to declare a reasoned deviation from the fulfillment of certain obligations due to special circumstances, including military aggression.
Details about which provisions of the Convention on the Protection of Human Rights and Freedoms Ukraine ceases to observe during martial law can be found here.