Legal remedies for human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities

Amendment No. 13 | Doc. 14139 | 11 October 2016

Signatories:

Mr Dmytro SHPENOV, Ukraine, SOC ; Lord Donald ANDERSON, United Kingdom, SOC ; Mr José CEPEDA, Spain, SOC ; Ms Renata DESKOSKA, ''The former Yugoslav Republic of Macedonia'', SOC ; Mr Namik DOKLE, Albania, SOC ; Mr Constantinos EFSTATHIOU, Cyprus, SOC ; Mr Antonio GUTIÉRREZ, Spain, SOC ; Ms Yuliya L OVOCHKINA, Ukraine, SOC ; Sir Alan MEALE, United Kingdom, SOC

Origin

2016 - Fourth part-session

In the draft resolution, after paragraph 10, insert the following paragraph:

"The Assembly is concerned that derogation from the International Covenant on Civil and Political Rights and the European Convention on Human Rights has resulted in a lower level of protection of the rights guaranteed by these instruments."

Explanatory note

Ukraine proclaimed derogations from certain obligations imposed by the ECHR and ICCPR; Amongst these derogations is a category of rights defined by United Nations Human Rights Committee as non-derogable, namely lawfulness of arrest. According to the European Court on Human Rights, each separate request is evaluated according to the lawfulness of the derogation sought.