Ukraine partially suspends participation in European Convention on Human Rights due to martial law

Ukraine has partially suspended some of its obligations under the European Convention on Human Rights and Freedoms, according to a statement published by the Council of Europe. The document indicates that Ukrainian authorities notified the Council on April 4.

The notification says that Ukraine’s “constitutional rights and freedoms […] may be [temporarily] restricted for the period of martial law,” including the constitutional guarantees of:

• the inviolability of the home;
• secrecy of mailing, telephone conversations and other correspondence;
• non-interference in personal and family life;
• freedom of movement and free choice of place of residence;
• the right to freedom of thought and speech;
• free expression of views and beliefs;
• the right to freely collect, store, use and disseminate information;
• the right to hold meetings, rallies, marches and demonstrations, as well as the right to strike;
• the right to own, use and dispose of one’s property.

It also lists the measures that can legally be imposed while martial law is in effect, including:

• the compulsory alienation of privately or communally owned property for the needs of the state;
• the introduction of curfews;
• the establishment of an entry and exit system to restrict the freedom of movement of citizens, foreigners, and vehicles;
• the inspection of belongings, vehicles, baggage, cargo, office premises, and homes;
• bans of peaceful assemblies, rallies, marches, and demonstration;
• bans on citizens changing their place of residence without official permission.

Council of Europe member states are allowed to derogate from certain obligations “in times of war or other public emergency threatening the life of the nation.”

Ukraine’s martial law has been in effect since the start of Russia’s full-scale invasion.