PART I
Restrictions and Derogations
73
(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 … 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 (…)
(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.
(28.10) When a state of public emergency is declared or lifted in a participating State, the State
concerned will immediately inform the CSCE Institution* of this decision, as well as of any
derogation made from the State’s international human rights obligations. The Institution will
inform the other participating States without delay.
* The Council will take the decision on the institution.
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