State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights

Amendment No. 17 | Doc. 14506 | 23 April 2018

Signatories:

Mr Mustafa YENEROĞLU, Turkey, FDG ; Ms Sahiba GAFAROVA, Azerbaijan, EC ; Mr Akif Çağatay KILIÇ, Turkey, EC ; Mr Asim MOLLAZADE, Azerbaijan, NR ; Mr Samad SEYIDOV, Azerbaijan, EC

Origin

2018 - Second part-session

In the draft resolution, paragraph 18.3.7, replace the words "at the expiration of the current period" with the following words:

"as soon as the circumstances and threats which led to the declaration of state of emergency are eliminated,"

Explanatory note

The phrase indicates a time pressure. The circumstances and threats which led to the declaration of state of emergency have their own reality. These circumstances must be dealt with rigourously and precisely in order to avoid human rights violations. Therefore, from such precise time limits should be abstained.