Following Russia’s departure from the Council of Europe over a year ago, Russian officials have approved the final reading of a bill that no longer requires Russia to inform the Council of Europe about introducing or lifting martial law.
State Duma officials, in a third and final reading, approved the bill on the abolition of informing the Council of Europe about the introduction or termination of martial law in Russia.
The President of the Russian Federation, Vladimir Putin, initiated changes to the existing laws on states of emergency and martial law, which prevents informing the Secretary General of the Council of Europe, Marija Pejčinović-Burić, about the introduction or lifting of martial law on the territory of Russia during a state of emergency.
The Council of Europe was formed post-WWII to uphold human rights, laws, and democracy in Europe. Based on the 1950 provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Council of Europe is obligated to be informed of martial law measures.
Under current law, Russia was required to notify the secretaries-general of both the United Nations and the Council of Europe when diverging from obligations under international treaties on restricting the rights and freedoms of Russians, such as freedom of movement.
Article 37 of Russian Federal Law “On State of Emergency” provided that the federal executive body in charge of foreign affairs must, within three days, notify the secretary generals. Article 22 of the Federal Law “On Martial Law” stated that in the event of the introduction of martial law on the territory of Russia or in certain localities, the president is obligated to notify the UN Secretary-General and the Council of Europe.
This requirement is in line with the European Convention on Human Rights, which Russia ratified in 1998. As of September 2022, Russia is no longer part of the ECHR.
The Council of Europe decided to expel Russia following the invasion of Ukraine
According to the official government website of the State Duma, the Chairman of the State Duma, Vyacheslav Volodin, voiced his view: “The Council of Europe has outlived its usefulness; it has begun to slow down the development of other countries. All his decisions are politicized and are taken under the dictation of Washington, which does everything to weaken European states and creates tension between them. Therefore, we left the Council of Europe in 2022 and terminated its international treaties in relation to our country. As a result, systematic work is underway to adjust Russian legislation.”
The amendments are related to Russia’s departure from the Council of Europe, in which the Council decided to expel Russia in March 2022 following the February 2022 invasion of Ukraine.
In October 2022, martial law was imposed for the first time since the end of the Soviet Union and a decree was signed by President Putin in the disputed Ukrainian regions of Donetsk, Lugansk, Zaporizhzhia, and Kherson. Under Russian law, martial law allows for the strengthening of the military, curfews, limits on movement, forms of censorship, control of communications, and confinement of foreign citizens.
The current amendments also clarify the provision providing for the holding of referendums and elections and local self-government bodies in territories where martial law has been imposed.
After the amendments are adopted, the legislation will only have the provision to inform the UN Secretary-General about the introduction of martial law and a state of emergency in Russia. Such an obligation is in Article 4, Clause 3 of the International Covenant on Civil and Political Rights, which Russia ratified in 1973 and has not withdrawn from.
