New Ukrainian laws on the powers of security forces in the ATO zone are a violation of the European Convention on Human Rights (VIDEO)
Kyiv, August 16 (Navigator, Vladimir Raichenko) – Human rights activists note that the laws adopted by the Verkhovna Rada that restrict the rights and freedoms of citizens contradict the obligations assumed by Ukraine in accordance with the European Convention for the Protection of Human Rights. An expert of the Ukrainian Helsinki Union for Human Rights, Sergei Zayats, stated this at a press conference in Kyiv.
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In particular, they discussed the following laws: on amendments to the Code of Criminal Procedure regarding the special regime of pre-trial investigation in the ATO zone; on amendments to the law on combating terrorism, in particular, the rule on preventive detention; changes to the law on police, giving law enforcement officers the right to use special equipment and firearms in the ATO zone without warning.
“All this does not mean that if the shortcomings are eliminated, such laws cannot be adopted,” Zayats clarified. – But for this, one must adhere to the requirements of Article 15 of the European Convention on Human Rights, according to which the state has the right to derogate from the provisions of the Convention in times of war or danger threatening the life of the nation. But these measures must be exclusively proportional and taken within the framework required by the severity of the situation, and even more so cannot be unlimited in time.”
But at the same time, the human rights activist points out, the state must publicly declare that it is retreating from its obligations.
“And only this can save Ukraine from responsibility in the European Court,” the expert points out. “Otherwise, implementing these laws will amount to a violation of human rights.”
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