Moscow 1991
(28.2) A state of public emergency may be proclaimed only by a constitutionally lawful
body, duly empowered to do so. In cases where the decision to impose a state of public
emergency may be lawfully taken by the executive authorities, that decision should be
subject to approval in the shortest possible time or to control by the legislature.
(28.3) The decision to impose a state of public emergency will be proclaimed officially,
publicly, and in accordance with provisions laid down by law. The decision will, where
possible, lay down territorial limits of a state of public emergency. The State concerned
will make available to its citizens information, without delay, about which measures
have been taken. The state of public emergency will be lifted as soon as possible and will
not remain in force longer than strictly required by the exigencies of the situation.
(28.4) A de facto imposition or continuation of a state of public emergency not in
accordance with provisions laid down by law is not permissible.
(28.5) The participating States will endeavour to ensure that the normal functioning of
the legislative bodies will be guaranteed to the highest possible extent during a state of
public emergency.
(28.6) The participating States confirm that any derogation from obligations relating
to human rights and fundamental freedoms during a state of public emergency must
remain strictly within the limits provided for by international law, in particular the relevant international instruments by which they are bound, especially with respect to
rights from which there can be no derogation.
(28.7) The participating States will endeavour to refrain from making derogations from
those obligations from which, according to international conventions to which they
are parties, derogation is possible under a state of public emergency. Measures derogating from such obligations must be taken in strict conformity with the procedural
requirements laid down in those instruments. Such measures will neither go further
nor remain in force longer than strictly required by the exigencies of the situation; they
are by nature exceptional and should be interpreted and applied with restraint. Such
measures will not discriminate solely on the grounds of race, colour, sex, language, religion, social origin or of belonging to a minority.
(28.8) The participating States will endeavour to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.
They will endeavour to provide in their law for control over the regulations related to
the state of public emergency, as well as the implementation of such regulations.
(28.9) The participating States will endeavour to maintain freedom of expression and
freedom of information, consistent with their international obligations and commitments, with a view to enabling public discussion on the observance of human rights and
fundamental freedoms as well as on the lifting of the state of public emergency. They
will, in conformity with international standards regarding the freedom of expression,
take no measures aimed at barring journalists from the legitimate exercise of their profession other than those strictly required by the exigencies of the situation.
OSCE Human Dimension Commitments 117
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