the specific context of the present communication, the Human Rights
Committee is of the opinion that a State, by merely invoking the existence of
exceptional circumstances, cannot evade the obligations which it has
undertaken by ratifying the Covenant.
--Landinelli Silva v. Uruguay, Case No. 34/1978, Views adopted on 8 April
1981 (para. 8.2).
*****
In the specific context of [this] communication there is no information to show
that article 14(5) was derogated from in accordance with article 4 of the
Covenant; therefore the Committee is of the view that the State party, by
merely invoking the existence or a state of siege, cannot evade the obligations
which it has undertaken by ratifying the Covenant. Although the substantive
right to take derogatory measures may not depend on a formal notification
being made pursuant to article 4(3) of the Covenant, the State party concerned
is on duty bound, when it invokes article 4 (l) of the covenant in proceedings
under the Optional Protocol, to give a sufficiently detailed account of the
relevant facts to show that a situation of the kind described in article 4 (l) of
the Covenant exists in the country concerned.
--Salgar de Montejo v. Colombia, Case No. 64/1979, Views adopted on 24
March 1985 (para. 10.3).
Non-derogable rights
The Committee is concerned that the Law on Public Emergency in the …
Republic does not specifically restrict the power of derogation from specific
Covenant provisions, as stipulated in article 4 of the Covenant. The State party
should take measures to bring its Law on Public Emergency into compliance
with article 4 of the Covenant.
--CCPR/CO/69/KGZ, para. 12 (2000).
*****
The Committee reiterates its concern over the constitutional provisions
relating to the declaration of a state of emergency. In particular, the
Committee notes that the grounds for declaring an emergency are too broad
and that the range of rights which may be derogated from does not conform
with article 4 of the Covenant. Additionally, the Constitution fails to make
reference to non-derogable rights. The Committee reiterates its observations
on [the State party’s] third periodic report, that the State party restrict its
provisions relating to the possibilities of declaring a state of emergency, and
constitutionally specify those Covenant rights which are non-derogable.
21
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