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Collection of written amendments (Revised version)

  • Doc. 13800
  • Consideration of the annulment of the previously ratified credentials of the delegation of the Russian Federation (follow-up to paragraph 16 of Resolution 2034 (2015))

Draft resolution

1The Parliamentary Assembly recalls its Resolution 2034 (2015) on the challenge, on substantive grounds, of the still unratified credentials of the delegation of the Russian Federation, adopted on 28 January 2015. In this resolution, the Assembly resolutely condemned the grave violations of international law committed by the Russian Federation with regard to the conflict in eastern Ukraine and the illegal annexation of Crimea. As a clear expression of its condemnation, the Assembly decided to deprive the Russian delegation to the Assembly of a number of rights for the duration of the 2015 session. However, for the sole and explicit purpose of maintaining an open and constructive dialogue with the Russian delegation, including on its actions with regard to Ukraine, the Assembly decided to ratify the credentials of the Russian delegation. At the same time, in paragraph 16 of Resolution 2034 (2015), the Assembly resolved to annul the credentials of the Russian delegation at its June 2015 part-session if no progress had been made with regard to the implementation of the Minsk protocols and memorandum, as well as the demands and recommendations of the Assembly as expressed in that resolution, in particular with regard to the immediate withdrawal of Russian military troops from eastern Ukraine.

2The Assembly deeply regrets the manifest lack of progress with regard to the implementation of the demands made in Resolution 2034 (2015). It equally regrets the decision of the Russian delegation to suspend all official contacts with the Assembly until the end of 2015, including all visits on behalf of Assembly bodies. The Assembly regards this as a clear rejection of its offer to maintain an open and constructive dialogue, including about Russia’s action in Ukraine. This raises questions about the Russian delegation’s commitment to co-operate and to maintain a constructive dialogue with the Assembly, including on the honouring of its commitments and obligations to the Council of Europe.

3The Assembly reiterates its position and demands with regard to the Russian intervention resulting in a military conflict in eastern Ukraine, the illegal annexation of Crimea and the continuing deterioration of the human rights situation in that region, as expressed in Resolution 1990 (2014) on reconsideration on substantive grounds of the previously ratified credentials of the Russian Federation and Resolution 2034 (2015). In addition, it expresses its serious concern about, inter alia:

3.1the harassment and closure of most non-governmental organisations (NGOs) and media outlets in Crimea that are critical of Russia’s illegal annexation of the region, including the Crimean Tatar television station ATR;

3.2the continued deterioration of the human rights situation in eastern Ukraine and credible reports of violations of international human rights and humanitarian law by the two sides in the conflict, including persistent abductions, summary killings, arbitrary detention and torture of civilians in the areas under the control of the pro-Russian separatists and Russian troops;

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Valeriu GHILETCHI, Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr David BAKRADZE
In the draft resolution, paragraph 3.2, replace the words "by the two sides in the conflict" with the following words: "by all sides in the conflict".
Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Valeriu GHILETCHI, Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr David BAKRADZE
In the draft resolution, at the end of paragraph 3.2, add the following words: "as well as torture, ill-treatment and summary killings of Ukranian soldiers captured by pro-Russian illegal armed groups".
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In amendment 2, delete the words "torture, ill-treatment and".

3.3the refusal of the Russian authorities to release Assembly member Nadiia Savchenko and their decision to prolong her pre-trial detention, despite, inter alia, her enjoying immunity under the General Agreement on Privileges and Immunities of the Council of Europe and its Protocol (ETS Nos. 2 and 10), to which the Russian Federation is a Party;

3.4the continuing violations, by all sides, of the ceasefire agreed on in the Package of Measures for the Implementation of the Minsk Agreements, signed in Minsk on 12 February 2015, and the continuing presence of heavy artillery in the exclusion zone in violation of these agreements;

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Valeriu GHILETCHI, Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr David BAKRADZE
In the draft resolution, paragraph 3.4, delete the words: ", by all sides,".
Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Valeriu GHILETCHI, Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr David BAKRADZE
In the draft resolution, at the end of paragraph 3.4, add the following words: "as well as the offensives against Debaltseve and Maryinka and the shelling of Mariupol by illegal armed groups backed by Russian regulars, leading to considerable numbers of civilian casualties".

3.5the continuing presence of Russian troops in eastern Ukraine and the influx of advanced weaponry and “volunteers” from the Russian Federation;

3.6the harassment and persecution of political activists, NGOs and media organisations in Russia who are critical of Russia’s role in the conflict in eastern Ukraine. In this context, the recent adoption of the “law on undesirable foreign organisations” is an additional matter of serious concern.

4The Assembly remains convinced that an open dialogue, in good faith, between the Assembly and the Russian delegation remains important in order to find a lasting solution, based on international law and principles, to the conflict in eastern Ukraine and to the illegal annexation of Crimea. It is now essential that the Russian Parliament and its delegation to the Assembly express their unequivocal commitment to enter into a dialogue, without pre-conditions, with the Assembly on Russia’s compliance with the obligations and honouring of commitments to the Council of Europe, including with regard to its policy towards its neighbouring States. The Assembly underscores that the acceptance of such a dialogue is a basic tenet of membership of the Parliamentary Assembly incumbent on all delegations. It therefore calls on the Russian delegation to re-establish dialogue with the Assembly without further delay, in particular with regard to the implementation of the demands of the Assembly as expressed in Resolution 1990 (2014) and Resolution 2034 (2015) as well as in this resolution. In this respect, as a first step, the Russian delegation should return to the work of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) and allow this committee’s rapporteurs for the Russian Federation to go to the country in the context of their work. In addition, the Russian authorities, as the occupying power, should facilitate a joint visit to Crimea of the co-rapporteurs for Ukraine and for the Russian Federation to take stock of the human rights situation in this region.

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Pedro AGRAMUNT, Sir Christopher CHOPE, Mr Robert WALTER, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Mr David BAKRADZE
In the draft resolution, before paragraph 4, insert the following paragraph:
"The Assembly is deeply concerned by the increased harassment and repression of activists and human rights organisations and the intimidation of dissident voices in Russia. Through the setting up and the application of a repressive legal framework, Russian authorities have placed restrictions on opposition, independent media and civil society, hindering the freedoms of expression and of assembly. In order to assess the conformity of these recent developments with Council of Europe standards, the Assembly encourages the Secretary General of the Council of Europe to prepare a report on the situation of human rights and democracy in the Russian Federation."
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, before paragraph 4, insert the following paragraph:
"Russia’s illegal annexation of Crimea and military intervention in eastern Ukraine demonstrate its clear lack of willingness to honour its accession commitments with regard to its relations with neighbouring States. The Assembly therefore calls on the Russian authorities to denounce their claim of a sphere of special interest with regard to neighbouring States and to promptly implement the demands of the Assembly expressed in paragraph 12 of Resolution 2034 (2015)."
Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Pedro AGRAMUNT, Sir Christopher CHOPE, Mr Robert WALTER, Mr Giorgi KANDELAKI, Mr David BAKRADZE, Mr Valeriu GHILETCHI, Mr Aleksandar NIKOLOSKI
In the draft resolution, paragraph 4, replace the words "a joint visit of the co-rapporteurs for Ukraine and for the Russian Federation" with the following words: "a visit of an ad-hoc PACE delegation, composed of Assembly members involved in monitoring different aspects of the current situation in and around Ukraine".
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, after paragraph 4, insert the following paragraph:
"The Assembly deplores the decision by the Russian authorities to blacklist 89 European personalities from entering the Russian Federation. The Assembly condemns the fact that this list contains the names of a current and a former member of the Parliamentary Assembly, who have been included solely because of positions they have taken in the Assembly with regard to Russia’s illegal annexation of Crimea and its military intervention in eastern Ukraine. This is completely unacceptable."

5In addition, the Assembly calls upon the Russian authorities to:

5.1fully implement the Minsk Agreements and the Package of Measures for the Implementation of the Minsk Agreements, to which the Russian Federation is a Party, and use its influence on the insurgent forces to do the same;

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Giorgi KANDELAKI, Mr David BAKRADZE
In the draft resolution, paragraph 5.1, replace the words "insurgent forces" with the following words: "pro-Russian illegal armed groups".

5.2immediately reverse the illegal annexation of Crimea;

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Valeriu GHILETCHI, Mr Pedro AGRAMUNT, Sir Christopher CHOPE, Mr Robert WALTER, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Mr David BAKRADZE
In the draft resolution, after paragraph 5.2, insert the following paragraph:
"withdraw all its troops from Ukranian territory;"

5.3immediately release Nadiia Savchenko and allow her to return to Ukraine;

5.4release all captives, in particular civilians and including captives held in the Russian Federation, and to use its influence on the insurgent forces to do the same;

Tabled by Mr Serhii SOBOLEV, Mr Volodymyr ARIEV, Mr Boryslav BEREZA, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Mr Giorgi KANDELAKI, Mr David BAKRADZE
In the draft resolution, paragraph 5.4, replace the words "insurgent forces" with the following words: "pro-Russian illegal armed groups".

5.5cease the harassment and prosecution of citizens, activists, NGOs and media organisations in the Russian Federation that are critical of the Russian Federation’s role in Ukraine;

Tabled by Ms Inese LĪBIŅA-EGNERE, Mr Giorgi KANDELAKI, Ms Mariia IONOVA, Mr David BAKRADZE, Mr Volodymyr ARIEV, Ms Chiora TAKTAKISHVILI, Mr Igor KOLMAN, Mr Zsolt NÉMETH, Ms Liliana PALIHOVICI, Mr Ionuț-Marian STROE, Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Guguli MAGRADZE, Mr Irakli CHIKOVANI, Mr Tedo JAPARIDZE, Mr Levan BERDZENISHVILI, Mr Pieter OMTZIGT, Mr Serhii SOBOLEV, Mr Cezar Florin PREDA, Ms Olena SOTNYK, Ms Svitlana ZALISCHUK
In the draft resolution, after paragraph 5.5, insert the following paragraph:
"Implement Resolution 1633 (2008) on the consequences of the war between Georgia and Russia, Resolution 1647 (2009) on the implementation of Resolution 1633 and Resolution 1683 (2009) on the war between Georgia and Russia: one year after; reverse the ethnic cleansing and the occupation of the Georgian provinces of Abkhazia and South Ossetia and allow access to European Union monitors to these regions, and remove any obstacles to the free movement of civilians across the administrative boundary lines between South Ossetia and Abkhazia and the rest of Georgia;"

5.6bring the law on foreign agents fully into line with European standards and principles;

Tabled by Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Giorgi KANDELAKI, Mr Serhii SOBOLEV, Mr Boryslav BEREZA, Mr Volodymyr ARIEV
In the draft resolution, after paragraph 5.6, insert the following paragraph:
"provide the public with accurate information about the participation of forces of the regular Russian army in the military conflict in Ukraine;"

5.7fully respect the rights to freedom of assembly and expression, including of those critical of the authorities’ policies.

Tabled by Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Giorgi KANDELAKI, Mr Serhii SOBOLEV, Mr Volodymyr ARIEV
In the draft resolution, after paragraph 5.7, insert the following paragraph:
"provide the families of missing Russian soldiers with information on the fate of their missing relatives;"

6As a signal of its commitment to an open and constructive dialogue with the Russian delegation, the Assembly, while noting the sanctions currently in place, resolves not to annul, at this time, the already ratified credentials of the Russian delegation.

Tabled by the Committee on Rules of Procedure, Immunities and Institutional Affairs
In the draft resolution, paragraph 6, replace the words "resolves not to annul" with the words: "resolves to confirm".