International Covenant on Civil and Political Rights

added reservation
20-05-2024
[…] with the reference to its previous communications No. 4132/28-110-17626 of 28 February 2022, No. 4132/28-194/600-1798[8] of 4 March 2022, No. 4132/28-194/501-19782 of 16 March 2022, No. 4132/28-194/501-[22806] of 28 March 2022, No. 4132/28-194/501-29977 of 29 April 2022, No. 4132/28-194/501-39692 of 8 June 2022, No. 4132/28-194/501-42891 of 17 June 2022, No. 4132/28-194/501-63210 of 19 August 2022, No. 4132/28-194/501-104500 of 16 December 2022, No. 4132/28-194/501-16855 of 14 February 2023, No. 4132/28-194/501-60498 of 25 May 2023, No. 4132/28-194/501-103419 of 30 August 2023, No. 4132/28-194/501-533 of 2 January 2024, No. 4132/28-194/501-22561 of 16 February 2024 and No. 4132/28-194/501-53129 of 17 April 2024 has the honour to enclose herewith a further communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. […] Due to the ongoing large scale military aggression of the Russian Federation against Ukraine, based on the proposal of the National Security and Defense Council of Ukraine, in accordance with the Constitution of Ukraine and the Law of Ukraine ‘On Legal Regime of Martial Law’ the Decree of the President of Ukraine dated May 06, 2024, No. 271/2024 ‘On the Prolongation of the Term of Martial Law in Ukraine’ was adopted. The abovementioned Decree was approved by the Law of Ukraine dated May 08, 2024, No. 3684-IX ‘On Approval of the Decree of the President of Ukraine ‘On the Prolongation of the Term of Martial Law in Ukraine’, which was immediately announced through the media. Both the Law and the decree entered into force simultaneously on May 10, 2024. According to the Decree the regime of martial law was prolonged from 05 hours 30 minutes on May 14, 2024, for the term of 90 days.

added reservation
19-04-2024
The Permanent Mission of Peru to the United Nations […] in accordance with article 4 of the International Covenant on Civil and Political Rights, bearing in mind what is stated in note verbale LA 41 TR/2017/IV-4/Peru/1, dated 1 March 2017, has the honour to report the following: By Supreme Decree No. 041-2024-PCM, published on 13 April 2024, the Government of Peru extended the state of national emergency declared by Supreme Decree No. 018-2024-PCM in the province of Pataz of the department of Libertad for a period of sixty (60) calendar days starting on 14 April 2024. The measure was extended in view of continued problems caused by illegal mining and attacks that undermine public order in the area in question. During the state of emergency, the constitutional rights relating to liberty and security of person, inviolability of the home, and freedom of assembly and movement in the territory, included in articles 9, 12, 17 and 21 of the International Covenant on Civil and Political Rights, are suspended. […]

added reservation
19-04-2024
The Permanent Mission of Peru to the United Nations […] in accordance with article 4 of the International Covenant on Civil and Political Rights, bearing in mind what is stated in note verbale LA 41 TR/2017/IV-4/Peru/1, dated 1 March 2017, has the honour to report the following: By Supreme Decree No. 042-2024-PCM, published on 13 April 2024, the Government of Peru extended the state of national emergency declared by Supreme Decree No. 019-2024-PCM in the province of Trujillo of the department of La Libertad for a period of sixty (60) calendar days starting on 14 April 2024. The state of emergency was extended in view of the continued increase in criminal activity and public insecurity in the area in question, owing to the increase in larceny, aggravated robbery, homicides, contract killing, extorsion, kidnapping, illegal mining and related crimes. During the state of emergency, the constitutional rights relating to liberty and security of person, inviolability of the home, and freedom of assembly and movement in the territory, included in articles 9, 12, 17 and 21 of the International Covenant on Civil and Political Rights, are suspended. […]

added reservation
19-04-2024
The Permanent Mission of Peru to the United Nations […] in accordance with article 4 of the International Covenant on Civil and Political Rights, bearing in mind what is stated in note verbale LA 41 TR/2017/IV-4/Peru/1, dated 1 March 2017, has the honour to report the following: By Supreme Decree No. 043-2024-PCM, dated 16 April 2024, the Government of Peru declared a state of emergency in the province of Arequipa in the department of Arequipa, for a period of 20 calendar days. The state of emergency was declared in view of the disruption of internal order due to the increase in criminal activity and public insecurity resulting from the rise in offences against life, body, health and property, such as assault and armed robbery, extortion, contract killing and other related crimes. During the state of national emergency, the constitutional rights relating to liberty and security of person, inviolability of the home, and freedom of assembly and movement in the territory, included in articles 9, 12, 17 and 21 of the International Covenant on Civil and Political Rights, are suspended. […]

added reservation
18-04-2024
The Permanent Mission of Peru to the United Nations presents its compliments to the Treaty Section of the Office of Legal Affairs, United Nations Secretariat, and, in accordance with article 4 of the International Covenant on Civil and Political Rights, bearing in mind what is stated in note verbale LA 41 TR/2017/IV-4/Peru/1, dated 1 March 2017, has the honour to report the following: • By Supreme Decree No. 042-2024-PCM, published on 13 April 2024, the Government of Peru extended the state of national emergency declared by Supreme Decree No. 019-2024-PCM in the province of Trujillo of the department of La Libertad for a period of sixty (60) calendar days starting on 14 April 2024. • The state of emergency was extended in view of the continued increase in criminal activity and public insecurity in the area in question, owing to the increase in larceny, aggravated robbery, homicides, contract killing, extorsion, kidnapping, illegal mining and related crimes. During the state of emergency, the constitutional rights relating to liberty and security of person, inviolability of the home, and freedom of assembly and movement in the territory, included in articles 9, 12, 17 and 21 of the International Covenant on Civil and Political Rights, are suspended.

added reservation
25-04-2024
The Permanent Mission of Peru to the United Nations presents its compliments to the Treaty Section of the Office of Legal Affairs, United Nations Secretariat, and, in accordance with article 4 of the International Covenant on Civil and Political Rights, bearing in mind what is stated in note verbale LA 41 TR/2017/IV-4/Peru/1, dated 1 March 2017, has the honour to report the following: • By Supreme Decree No. 041-2024-PCM, published on 13 April 2024, the Government of Peru extended the state of national emergency declared by Supreme Decree No. 018-2024-PCM in the province of Pataz of the department of Libertad for a period of sixty (60) calendar days starting on 14 April 2024. • The measure was extended in view of continued problems caused by illegal mining and attacks that undermine public order in the area in question. During the state of emergency, the constitutional rights relating to liberty and security of person, inviolability of the home, and freedom of assembly and movement in the territory, included in articles 9, 12, 17 and 21 of the International Covenant on Civil and Political Rights, are suspended. The Permanent Mission of Peru to the United Nations takes this opportunity to convey to the Treaty Section of the Office of Legal Affairs, United Nations Secretariat, the renewed assurances of its highest consideration.

added reservation
25-03-2024
[…] with reference to its previous communications No. 4132/28-110-17626 of 28 February 2022, No. 4132/28-194/600-1798[8] of 4 March 2022, No. 4132/28-194/501-19782 of 16 March 2022, No. 4132/28-194/501-[22806] of 28 March 2022, No. 4132/28-194/501-29977 of 29 April 2022, No. 4132/28-194/501-39692 of 8 June 2022, No. 4132/28-194/501-42891 of 17 June 2022, No. 4132/28-194/501-63210 of 19 August 2022, No. 4132/28-194/501-104500 of 16 December 2022, No. 4132/28-194/501-16855 of 14 February 2023, No. 4132/28-194/501-60498 of 25 May 2023, No. 4132/28-194/501-103419 of 30 August 2023, No. 4132/28-194/501-533 of 2 January 2024 and No. 4132/28-194/501-22561 of 16 February 2024, has the honour to enclose herewith a further communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. […] Regarding measures derogating from obligations Article 615 of the Criminal Procedure Code of Ukraine (CPC) as amended by the Law of Ukraine of 27 July 2022 No. 2462-IX shall provide that in the event of martial law: - in the absence of the possibility to draw up procedural documents about investigative (search) or other procedural actions, recording is carried out by technical means with subsequent drawing up the protocol no later than 72 hours after the completion of these actions (para two of part one); - in the absence of the possibility for further proceeding, completion of the pre-trial investigation and submission an indictment, a request for the application of coercive measures of a medical or educational nature, a request to discharge a person from criminal responsibility to the court – the term of the pretrial investigation in criminal proceeding is suspended on the basis of a motivated resolution of the prosecutor with a statement of the relevant circumstances and is subject to renewal if the grounds for suspension no longer exist. Before suspension of the pre-trial investigation, the prosecutor is obliged to decide on the issue of extending the term of detention (para seven of part one); - in the absence of the possibility for performing procedural actions within the time limits specified by the CPC such actions are carried out immediately, where possible, but no later than 15 days after the termination or cancellation of martial law (para nine of part one); - in the case of impossibility for holding a preparatory court session, the preventive measure in the form of detention selected by the investigating judge, the head of the prosecutor’s office during the pre-trial investigation is considered to be extended until the relevant issue is resolved in the preparatory court session but for not longer than for 2 months (part five); - in the case of the expiration of the court decision on detention and the impossibility of consideration by the court of extending the period of detention in accordance with the procedure established by the CPC, the chosen preventive measure in the form of detention is considered extended until the relevant issue is resolved by the court but not longer than for 2 months (part six); - testimony obtained during the interrogation of a suspect in criminal proceedings can be used as evidence in court, if the defender participated in the interrogation, and its course and results were recorded by technical means of video recording. Video recording of witness’ and victim’s testimony obtained during interrogation is also allowed (part eleven); - the inquiring officer, the investigator, the prosecutor shall ensure: (i) remote participation of the defender in a separate procedural action using technical means of video and audio communication if his/her appearance is impossible; (ii) participation at the earliest opportunity of an interpreter to translate explanations, statements or documents of the suspect, the victim. In the presence of circumstances that make his/her participation impossible, the inquiring officer, the investigator, the prosecutor shall have the right to personally carry out the appropriate translation, in the case of knowledge of one of the languages spoken by the suspect, the victim (part twelve); The possibility of applying the above-mentioned norms provided for in Article 615 of the CPC makes it necessary to continue derogation from Ukraine’s obligations under para 3 of Article 2, Articles 9, 14 and 17 of the International Covenant on Civil and Political Rights and Articles 5, 6, 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms without prejudice to the fundamental principles of a fair trial and legal protection, including the principle of ne bis in idem. Regarding the time and territory to which the derogation applies The above-mentioned norms of the CPC can be applied during the martial law imposed on the territory of Ukraine from 05:30 on February 24, 2022.

added reservation
16-02-2024
[…] with the reference to its previous communications No. 4132/28-110-17626 of 28 February 2022, No. 4132/28-194/600-1798[8] of 4 March 2022, No. 4132/28-194/501-19782 of 16 March 2022, No. 4132/28-194/501-[22806] of 28 March 2022, No. 4132/28-194/501-29977 of 29 April 2022, No. 4132/28-194/501-39692 of 8 June 2022, No. 4132/28-194/501-42891 of 17 June 2022, No. 4132/28-194/501-63210 of 19 August 2022, No. 4132/28-194/501-104500 of 16 December 2022, No. 4132/28-194/501-16855 of 14 February 2023, No. 4132/28-194/501-60498 of 25 May 2023, No. 4132/28-194/501-103419 of 30 August 2023 and No. 4132/28-194/501-533 of 2 January 2024 has the honour to enclose herewith a further communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. […] Communication Regarding derogation measures Due to the ongoing large scale military aggression of the Russian Federation against Ukraine, based on the proposal of the National Security and Defence Council of Ukraine, in accordance with the Constitution of Ukraine and the Law of Ukraine ‘On Legal Regime of Martial Law’ the Decree of the President of Ukraine dated February 05, 2024, No. 49/2024 ‘On the Prolongation of the Term of Martial Law in Ukraine’ was adopted. The abovementioned Decree was approved by the Law of Ukraine dated February 06, 2024, No. 3564-IX ‘On Approval of the Decree of the President of Ukraine On the Prolongation of the Term of Martial Law in Ukraine’. The Law entered into force simultaneously with the abovementioned Decree on February 13, 2024. It was immediately announced through the media. According to the Decree the regime of martial law was prolonged from 05 hours 30 minutes on February 14, 2024, for a period of 90 days.

added reservation
02-01-2024
[…] with reference to its previous communication No. 4132/28-194/501-139368 of 17 November 2023 has the honour to enclose herewith a clarifying communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. […] Communication Regarding derogation measures Due to the ongoing large scale military aggression of the Russian Federation against Ukraine, based on the proposal of the National Security and Defence Council of Ukraine, in accordance with the Constitution of Ukraine and the Law of Ukraine ‘On Legal Regime of Martial Law’ the Decree of the President of Ukraine dated November 6, 2023, No. 734/2023 ‘On the Prolongation of the Term of Martial Law in Ukraine’ was adopted. The abovementioned Decree was approved by the Law of Ukraine dated November 8, 2023, No. 3429-IX ‘On Approval of the Decree of the President of Ukraine On the Prolongation of the Term of Martial Law in Ukraine’. The Law entered into force simultaneously with the abovementioned Decree on November 10, 2023. It was immediately announced through the media. According to the Decree the regime of martial law was prolonged from 05 hours 30 minutes on November 16, 2023, for a period of 90 days.”

added reservation
17-11-2023
[…] with the reference to its previous communications No. 4132/28-110-17626 of 28 February 2022, No. 4132/28-194/600-1798[8] of 4 March 2022, No. 4132/28-194/501-19782 of 16 March 2022, No. 4132/28-194/501-[22806] of 28 March 2022, No. 4132/28-194/501-29977 of 29 April 2022, No. 4132/28-194/501-39692 of 8 June 2022, No. 4132/28-194/501-42891 of 17 June 2022, No. 4132/28-194/501-63210 of 19 August 2022, No. 4132/28-194/501-104500 of 16 December 2022, No. 4132/28-194/501-16855 of 14 February 2023, No. 4132/28-194/501-60498 of 25 May 2023 and No. 4132/28-194/501-103419 [of 30 August 2023] has the honour to enclose herewith a further communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. […] Communication Regarding derogation measures In connection with the ongoing military aggression of the Russian Federation against Ukraine, based on the proposal of the National Security and Defence Council of Ukraine, in accordance with paragraph 20 of Article 106 of the Constitution of Ukraine, Law of Ukraine ‘On Legal Status of Martial Law’ the Decree of the President of Ukraine dated November 6, 2023, N° 734/2023 ‘On the Extension of Martial Law in Ukraine’ was adopted. The Decree was approved by the Law of Ukraine dated November 8, 2023, No. 3429-IX ‘On Approval of the Decree of the President of Ukraine On the Extension of Martial Law in Ukraine’. The Law was immediately announced through the media. November 10, 2023 is the date of entry into force of this Law. By the Decree Martial Law was extended in Ukraine from 05 hours 30 minutes on November 16, 2023, for a period of 90 days. The Decree entered into force simultaneously with the entry into force of the Law of Ukraine ‘On Approval of the Decree of the President of Ukraine’.

added reservation
30-08-2023
[...] with the reference to its previous communications No. 4132/28-110-17626 of 28 February 2022, No. 4132/28-194/600-1798[8] of 4 March 2022, No. 4132/28-194/501-19782 of 16 March 2022, No. 4132/28-194/501-[22806] of 28 March 2022, No. 4132/28-194/501-29977 of 29 April 2022, No. 4132/28-194/501-39692 of 8 June 2022, No. 4132/28-194/501-42891 of 17 June 2022, No. 4132/28-194/501-63210 of 19 August 2022, No. 4132/28-194/501-104500 of 16 December 2022, No. 4132/28-194/501-16855 of 14 February 2023 and No. 4132/28-194/501-60498 of 25 May 2023 has the honour to enclose herewith a further communication on derogation in accordance with the obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant on Civil and Political Rights. [...] Communication Regarding derogation measures In connection with the ongoing military aggression of the Russian Federation against Ukraine, based on the proposal of the National Security and Defence Council of Ukraine, in accordance with paragraph 20 of Article 106 of the Constitution of Ukraine, Law of Ukraine ‘On Legal Status of Martial Law’ the Decree of the President of Ukraine dated July 26, 2023, N° 451/2023 ‘On the extension of Martial Law in Ukraine’ was adopted. The Decree was approved by the Law of Ukraine dated July 27, 2023, No. 3275-IX ‘On Approval of the Decree of the President of Ukraine On the Extension of Martial Law in Ukraine’. The Law was immediately announced through the media. August 17, 2023 is the date of entry into force of this Law. By the Decree Martial Law was extended in Ukraine from 05 hours 30 minutes on August 18, 2023, for a period of 90 days. The Decree entered into force simultaneously with the entry into force of the Law of Ukraine ‘On Approval of the Decree of the President of Ukraine’.