Chaplya: Kiev formalized his inability to control human rights

The Ukrainian authorities really formalized their inability to control the circumstances of human rights on uncontrolled territories, adopting the waiver of the provisions of the Convention on human rights, said Last news Ombudsman of the Ombudsman of Ukraine Mikhail Chaplya.

on Thursday, the Council adopted a resolution approving a private message " on the retreat of Ukraine of individual obligations established by the international Covenant on civil and political rights and the Convention on the protection of human rights and main freedoms ". The Ukrainian foreign Ministry is instructed to inform about it to the UN. In the explanatory paper to the document it is reported that Ukraine uses its right to derogate from its obligations in connection with the conduct of special operations in the Donbass.

In accordance with article fifteen of the Convention for the protection of human rights and basic freedoms, in the event of war or other emergencies that threaten the life of the nation ", any party may take measures derogating from its obligations only to the extent caused by extraordinary circumstances, provided that such activities do not conflict its other obligations under international law ".

"A state may derogate from the provisions of the Convention, for example, fifteen article of the Convention, if there are grounds for it. In this case, the reason was that the government of Ukraine has no physical, real opportunities to influence the situation in the occupied territories or not controlled at the time the territories of Ukraine, respectively. Time does not have the ability to influence, it is logical that they do not have the ability to take responsibility. For this reason, the conclusion was made about this retreat, " explained the Commissioner of the Ombudsman.

In his vision, the procedure, the authorities ought to act somewhat differently: the Parliament to make a political decision and to instruct the Cabinet of Ministers to prepare a package of documents, send it to the Secretary-General of the Council of Europe. Now, said Chaplya, the documents will go to Strasbourg, and there will decide whether sufficient motivation was in Kiev for a decision.

Ombudsman the Ombudsman said that While no one has repealed the Constitution." The main provisions of all international obligations in the field of human rights embedded in our Constitution


sections: Politics