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Resolution 2230 (2018)
Persecution of LGBTI people in the Chechen Republic (Russian Federation)
1. On 1 April 2017, the Russian newspaper Novaya Gazeta published its first
report on a campaign of persecution against lesbian, gay, bisexual,
transgender and intersex (LGBTI) people in the Chechen Republic which
had been taking place since the end of February that year. Novaya Gazeta reported cases of
abduction, arbitrary detention and torture of men presumed to be
gay, with the direct involvement of Chechen law-enforcement officials
on the orders of top-level Chechen authorities. This campaign of
persecution unfolded against the backdrop of serious, systematic
and widespread discrimination and harassment against LGBTI people
in the Chechen Republic.
2. The Assembly condemns in the strongest terms all forms of
persecution, hate speech, discrimination and harassment, on any
grounds, including sexual orientation and gender identity. It recalls
that the treatment of vulnerable groups is a sign of the strength
of democratic systems and reflects their level of respect for human rights.
In this regard, it expresses dismay at the statements of Chechen
and Russian public officials denying the existence of LGBTI people
in the Chechen Republic.
3. Even if the large-scale campaign of persecution has stopped,
its effects continue. LGBTI people who have stayed in the Chechen
Republic remain invisible; they know that reporting ill-treatment
to the Chechen authorities would be to no avail; on the contrary,
it would risk exposing them and their families to retaliation.
4. To date, more than 114 LGBTI people and members of their families
have fled the Chechen Republic to other regions of the Russian Federation,
other Council of Europe member States and beyond. The Assembly commends
the actions taken by countries which have accepted their asylum
claims and encourages other countries to follow their example by
providing international protection within the meaning of the 1951
United Nations Convention relating to the Status of Refugees.
5. In its Resolution
2157 (2017) Human rights in the North Caucasus: what
follow-up to Resolution
1738 (2010)?, considering
the alarming reports of abductions of hundreds of men in the Chechen
Republic based on their alleged sexual orientation, the Assembly
already urged the Russian Federation to “carry out an immediate
and transparent investigation into these reports in order to bring
to justice those responsible and to ensure the safety of the LGBTI
community in the North Caucasus, as well as human rights defenders
and journalists reporting such violations”.
6. The Russian Federation holds responsibilities as a Council
of Europe member State to ensure the respect of the provisions of
the European Convention on Human Rights (ETS No. 5) throughout its
territory.
7. In the light of these considerations, the Assembly urges the
Russian Federation to:
7.1. conduct
an impartial and effective investigation into the persecution of
LGBTI people in the Chechen Republic and ensure there will be no
impunity for the perpetrators;
7.2. allow an independent international investigation by an
international human rights organisation, should an investigation
at national level not be pursued;
7.3. ensure the legal and physical protection of victims, their
family members and witnesses of persecution of LGBTI people in the
Chechen Republic;
7.4. implement the judgment of the European Court of Human
Rights (the Court) in the case of Bayev and
Others v. Russia and other relevant judgments, and repeal,
as recommended by the Court, the law prohibiting the so-called promotion
of non-traditional sexual relationships among minors, which has contributed
to reinforcing an overall climate of discrimination and prejudice
against LGBTI people;
7.5. ensure the protection of human rights defenders throughout
the country, including those working on the promotion and protection
of the rights of LGBTI people;
7.6. authorise the publication of the report of the visit made
by the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) to the Chechen Republic
in December 2017 and implement its recommendations without delay;
7.7. fully implement the recommendations of the European Commission
against Racism and Intolerance (ECRI) in the context of its 5th
monitoring cycle;
7.8. provide full support to the review process of Committee
of Ministers Recommendation CM/Rec(2010)5 on measures to combat
discrimination on grounds of sexual orientation or gender identity.
8. The Assembly also calls on all Council of Europe member States
to:
8.1. welcome people fleeing
the Chechen Republic after being the victims of persecution motivated by
actual or perceived sexual orientation or gender identity, as well
their family members and witnesses of such persecution, by granting
them international protection within the meaning of the 1951 United Nations
Convention relating to the Status of Refugees;
8.2. ensure the respect of the Guidelines on International
Protection No. 9 of the Office of the United Nations High Commissioner
for Refugees (UNHCR) which provide guidance for processing asylum claims
on the basis of sexual orientation and gender identity, and related
resettlement cases;
8.3. provide protection to victims and witnesses of persecution
against LGBTI people in the Chechen Republic who have fled, and
also medical and psychological support to these people;
8.4. support the non-governmental organisations and human rights
defenders helping victims and witnesses of the anti-LGBTI campaign;
8.5. take a strong stand condemning violence and discrimination
on the grounds of sexual orientation and gender identity;
8.6. firmly condemn homophobic statements and calls for violence
against LGBTI people made by politicians and political leaders;
8.7. refrain from using the argument of protecting so-called
traditional values as a ground for limiting rights, including freedom
of expression and association;
8.8. ensure the full implementation of Committee of Ministers
Recommendation CM/Rec(2010)5.
9. The Assembly calls on national parliaments to discuss measures
to be taken at the national level to provide support to the victims
and witnesses of the campaign of persecution against LGBTI people.