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Resolution 2149 (2017)
The progress of the Assembly’s monitoring procedure (September 2015-December 2016) and the periodic review of the honouring of obligations by Austria, the Czech Republic, Denmark, Finland, France and Germany
1. The Parliamentary Assembly acknowledges
the work carried out by the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) in fulfilling its mandate as defined in Resolution 1115 (1997) on
the setting up of an Assembly committee on the honouring of obligations
and commitments by member States of the Council of Europe (Monitoring
Committee) (as modified by Resolution
1431 (2005), Resolution
1515 (2006), Resolution
1698 (2009), Resolution
1710 (2010), Resolution
1936 (2013) and Resolution
2018 (2014)).
2. In particular, the Assembly commends the committee on its
work in accompanying the nine countries under a monitoring procedure sensu stricto (Albania, Armenia,
Azerbaijan, Bosnia and Herzegovina, Georgia, the Republic of Moldova,
the Russian Federation, Serbia and Ukraine), and the four countries
engaged in a post-monitoring dialogue (Bulgaria, Montenegro, “the
former Yugoslav Republic of Macedonia” and Turkey) in their efforts
to fully comply with the obligations and commitments they entered
into upon accession to the Council of Europe, as well as the monitoring
of the membership obligations of all other member States through its
periodic review process.
3. The Assembly regrets that the co-rapporteurs for the monitoring
procedure have not been able to visit the Russian Federation because
of the boycott by the Russian delegation of the work of the Assembly. Considering
that it is unacceptable for a country to de
facto withdraw itself from the monitoring procedure,
even on a temporary basis, by refusing all co-operation with the
Assembly, the Assembly commends the committee on its efforts to
continue the monitoring of the domestic developments in the Russian
Federation. It recalls that co-operation with the monitoring procedure
is an explicit accession commitment of the country.
4. The Assembly notes that, during the reporting period, a report
on the functioning of democratic institutions in Turkey was debated
by the Assembly as part of the post-monitoring dialogue with the
country. It reiterates its concerns and the recommendations made
in Resolution 2121 (2016) on
the functioning of democratic institutions in Turkey, which have
become all the more relevant in the light of the ongoing developments
in the country.
5. During the reporting period, the respective co-rapporteurs
carried out fact-finding visits to Albania, Armenia (two visits),
Azerbaijan (two visits), Bosnia and Herzegovina (two visits), Georgia
(two visits), the Republic of Moldova (two visits), Serbia, Ukraine
(two visits), Bulgaria (two visits, including one to Brussels for meetings
with the European Commission), Montenegro, “the former Yugoslav
Republic of Macedonia” and Turkey. In addition, the respective co-rapporteurs
participated in the pre-electoral and election (or referendum) observation
missions in Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria,
Georgia, Montenegro, the Republic of Moldova, Ukraine, “the former
Yugoslav Republic of Macedonia” and Turkey. The co-rapporteurs produced
information notes on Armenia, Azerbaijan, Georgia, the Republic
of Moldova, Ukraine, Bulgaria, Montenegro, “the former Yugoslav
Republic of Macedonia” and Turkey, which were declassified by the committee,
as well as declarations and statements with regard to developments
in Albania, Armenia, Azerbaijan, Georgia, the Republic of Moldova,
the Russian Federation, Ukraine, Bulgaria, Montenegro, “the former
Yugoslav Republic of Macedonia” and Turkey.
6. The Assembly takes note of the fact that the committee was
seized for report on the functioning of democratic institutions
in Poland, in line with the Rules of Procedure of the Assembly.
7. The committee held an exchange of views with the governor
(Bashkan) of the Autonomous
Territorial Unit of Gagauzia Yeri of the Republic of Moldova. In
addition, the committee organised hearings on the recent developments
in south-east Turkey and the resumption of the peace process, with
the participation of Mr Mehmet Tekinarslan, Deputy Undersecretary
of the Ministry of the Interior of Turkey, Mr Osman Baydemir of
the Democratic Peoples’ Party (HDP) and Mr Andrew Gardner of Amnesty
International; and on the domestic developments in the Russian Federation,
with the participation of Mr Alexander Cherkasov of Memorial Human Rights
Centre, Ms Rachel Denber of Human Rights Watch and Mr John Dalhuisen
of Amnesty International. The committee also organised an exchange
of views with Mr Thorbjørn Jagland, the Secretary General of the Council
of Europe, and with the leadership of the SDSM Party and of the
VRMO-DPMNE Party of “the former Yugoslav Republic of Macedonia”
on recent developments with regard to the state of implementation
of the Przino Agreement. Underscoring the extensive co-operation
between the committee and the European Commission for Democracy
through Law (Venice Commission), the committee organised hearings
with Mr Thomas Markert, Director and Executive Secretary of the
Venice Commission, and with Mr Gianni Buquicchio, President of the
Venice Commission. On the occasion of its meeting in Sarajevo, the
committee held a hearing entitled “The Dayton Constitution: 20 years
later” and, in the framework of its meeting in Albania, the committee
organised a joint hearing with the Albanian Parliament on interreligious
tolerance and dialogue.
8. The Assembly welcomes the work of the Ad hoc Sub-Committee
on Conflicts between Council of Europe Member States and takes note
of the decision of the committee to transform it into a standing
sub-committee of the Monitoring Committee.
9. The Assembly welcomes the positive developments and the progress
made during the reporting period in a number of countries under
a monitoring procedure or engaged in a post-monitoring dialogue.
In particular in:
9.1. Albania:
the adoption of constitutional amendments paving the way for a thorough
and comprehensive reform of the judiciary with a view to ensuring
its impartiality and independence from external influence and pressure;
9.2. Armenia: the adoption of a new constitutional framework
with the stated objective of guaranteeing respect for fundamental
rights and freedoms and strengthening the balance of power in the
country, as well as the constructive co-operation that has emerged
between the ruling majority and the opposition on the adoption of
the new Election Code, which has substantially lowered tension in
the political environment;
9.3. Azerbaijan: the recent release of some human rights defenders,
political activists, journalists and bloggers whose incarceration
had been questioned by the international community;
9.4. Georgia: the ongoing reform of the justice system and
the organisation of competitive parliamentary elections in line
with European standards, as well as the efforts to fulfil the commitment
to ensure the repatriation of the deported Meskhetian population,
in line with its accession commitment to the Council of Europe;
9.5. the Republic of Moldova: the acceleration of the reform
process to fulfil the requirements of the European Union Association
Agreement Roadmap, as well as the establishment of a constructive dialogue
with the Gagauz authorities with a view to harmonising Moldovan
legislation with the statute of this autonomous entity;
9.6. Serbia: the steps taken by the authorities to strengthen
the independence and efficiency of the judiciary;
9.7. Ukraine: the continuing reforms and, in particular, the
adoption of the constitutional amendments with regard to the judiciary
and justice system that also honour one of the remaining accession commitments;
9.8. Bulgaria: the ongoing reform of the judiciary and, in
particular, the adoption of the amendments to the constitution that
aim to increase the independence of the judiciary;
9.9. Montenegro: the active role of the country in regional
co-operation and in fostering stability in the region;
9.10. “the former Yugoslav Republic of Macedonia”: the new agreement
reached between the opposition and the ruling majority to overcome
the political crisis in the country, and the subsequent consensual
decision to organise early parliamentary elections in December 2016.
10. At the same time, the Assembly expresses its concern about
developments and remaining shortcomings in a number of countries
under a monitoring procedure or engaged in a post-monitoring dialogue.
These shortcomings undermine the democratic consolidation of those
countries and are at odds with their obligations and accession commitments:
10.1. Albania: the politicised media
environment, as well as the lack of independence of, and persistent corruption
within, the judiciary;
10.2. Armenia: the corruption and insufficient independence
of the judiciary;
10.3. Azerbaijan: the persistent refusal to execute judgments
of the European Court of Human Rights in violation of its membership
obligations, and the harassment, arrest and persecution of human
rights defenders, political activists, journalists and bloggers;
with regard to the case of Ilgar Mammadov, the Assembly recalls
the Committee of Ministers’ interim resolution CM/ResDH(2016)144
stating that it is intolerable that, in a State subject to the rule
of law, a person should continue to be deprived of his liberty on
the basis of proceedings engaged, in breach of the European Convention
on Human Rights (ETS No. 5), with a view to punishing him for having
criticised the government;
10.4. Bosnia and Herzegovina: the persistent failure to implement
judgments of the European Court of Human Rights, and the non-execution
of a number of judgments of the Constitutional Court;
10.5. Georgia: the continued polarisation of the political environment
and attempts to politicise the judiciary and influence its work;
10.6. the Republic of Moldova: the political instability and
lack of progress in the investigation into the country’s banking
scandal, as well as allegations of politically motivated prosecutions
of opposition figures;
10.7. the Russian Federation: the continuing deteriorating political
environment and harassment of opposition supporters, and the rapidly
decreasing space for civil society to operate and enjoy its rights to
freedom of expression and association; the illegal annexation of
Crimea and the continued covert war in eastern Ukraine and the occupation
and illegal recognition of independence of Abkhazia, Georgia, and South
Ossetia, Georgia, in violation of, inter
alia, international law, the Statute of the Council of
Europe (ETS No. 1) and the Russian Federation’s accession commitments;
and the challenge to the supremacy of international law and the
decisions of the European Court of Human Rights;
10.8. Serbia: the recurrent shortcomings in the electoral process,
including abuse of administrative resources;
10.9. Ukraine: the widespread corruption in the country, which
is a major problem, and the lack of concrete results in the fight
against it; the continuing lack of independence and impartiality
of the judiciary; the regular pressure on political opposition and
the media;
10.10. Bulgaria: the slow pace of the reform process and lack
of marked progress in the fight against corruption and organised
crime;
10.11. Montenegro: the delays in the investigation into the violent
clashes in Podgorica in October and November 2015 and the lack of
political will to address the serious concerns with regard to the
media environment and freedom of the media, including attacks on
journalists, all of which create a sense of impunity for such unacceptable
actions;
10.12. “the former Yugoslav Republic of Macedonia”: the barriers
and the active disavowal of the work of the special prosecutor that
prevent the investigation of the allegations resulting from the
country’s wiretap scandal, in which large numbers of conversations
of prominent politicians and others were illegally recorded;
10.13. Turkey: the discussions about the reintroduction of the
death penalty, which would be incompatible with membership of the
Council of Europe; the escalation of violence in south-east Turkey and
the serious questions with regard to the respect for human rights
and the rule of law in the implementation of the state of emergency
following the failed coup d’état, including the lifting of immunity of
some members of parliament, the detention of a number of elected
representatives, and threats to the freedom of the media and independence
of the judiciary.
11. Consequently, the Assembly urges all the countries under a
monitoring procedure or engaged in a post-monitoring dialogue to
step up their efforts to fully honour all the membership obligations
and commitments they signed up to when they became members of the
Council of Europe. In particular it calls on:
11.1. the Albanian authorities to continue the comprehensive
reform of the justice system, especially with regard to the effective
implementation of the new legal framework; to address the recommendations of
the Assembly and the Venice Commission with regard to electoral
reform, on the basis of a broad consensus between all political
stakeholders, and before the 2017 general elections; to step up
the fight against corruption and organised crime with a view to
achieving marked and demonstrable progress in this priority area;
11.2. the Armenian authorities and all Armenian political stakeholders
to make every effort to ensure genuinely democratic elections in
2017; to pursue the reforms of the judiciary with a view to increasing its
independence and to step up the fight against corruption in the
country;
11.3. the Azerbaijani authorities to reform the legislation
and practice regarding NGOs, in line with Council of Europe standards
and norms; to continue the release of journalists and NGO and political activists
whose incarceration has raised concern about possible political
motivations and challenges to fair-trial obligations as provided
for by the European Convention on Human Rights;
11.4. the authorities of Bosnia and Herzegovina to step up their
efforts to execute the Sejdic and Finci, Pilav and Zornic judgments
of the European Court of Human Rights in good time before the next elections
scheduled for October 2018;
11.5. the Georgian authorities to reform the electoral system
in line with pre-electoral promises, including by amending the constitution;
to effectively investigate all cases of alleged politically motivated violence;
to continue the reform of the justice system and especially of the
prosecution service, with a view to ensuring a genuinely independent
and depoliticised judiciary;
11.6. the Moldovan authorities to continue the efforts in the
5+2 discussions to settle the conflict over the Transnistrian region
of the Republic of Moldova; to address the questions raised with
regard to the possible politically motivated court cases and to
refrain from any measures that could be perceived as undue harassment
of opposition figures; to resolutely step up the fight against corruption
and to fully and transparently investigate the country’s banking
scandal;
11.7. the authorities of the Russian Federation to reverse the
illegal annexation of Crimea and to unreservedly and fully implement
the Minsk Agreements without preconditions; to reverse the ethnic cleansing
and the occupation of the Georgian regions of Abkhazia and South
Ossetia and to allow international monitors on the ground; to reform
the NGO legislation in line with Council of Europe standards and
principles and to abrogate the law on foreign agents and the federal
law on undesirable activities of foreign and international non-governmental
organisations on the territory of the Russian Federation; to end
the harassment of opposition activists and fully and transparently
investigate attacks made on them; to fully recognise the supremacy
of judgments by the European Court of Human Rights and to repeal
any legislation that would limit the execution of the Court judgments
and, if necessary, consider amending the Constitution of the Russian
Federation to ensure full compliance with its obligations under
international law and the Statute of the Council of Europe;
11.8. the Serbian authorities to strengthen the separation of
powers and pursue the reform of the judiciary with a view to empowering
it to resist any undue political interference in its work; and to
ensure proper implementation of the recently adopted media laws,
in order to secure a pluralistic and sustainable media environment;
11.9. the Ukrainian authorities and the Verkhovna Rada to continue
decisively with the reforms of the judiciary and to adopt promptly
all required legislation to implement these reforms; to ensure a
pluralist political and media environment; to demonstrate the commensurate
political will to step up the fight against the widespread corruption
in the country; and to maintain their full commitment to the implementation
of the Minsk Agreements;
11.10. the Bulgarian authorities to speed up the pace of the
reforms of the judiciary; and step up the fight against corruption
and organised crime;
11.11. all political forces in “the former Yugoslav Republic
of Macedonia” to implement in good faith the July 2016 political
agreement to overcome the political crisis in the country and to
launch the reforms that could form the basis for a reconciliation
of the political forces in the country;
11.12. the Turkish authorities to end the state of emergency
as soon as possible and to ensure that the investigations into the
failed coup d’état will take place in full respect of the principles
of the rule of law and the requirements of the European Convention
on Human Rights and the case law of the Court; to promptly implement
any recommendations by the Venice Commission on the legislation
and decrees that have been adopted in the framework of the state
of emergency, as well as to other relevant legislation that contradicts
Council of Europe standards; to resolutely renounce any attempts
to reintroduce the death penalty in Turkey as incompatible with
its international obligations; to restart the peace process in south-east
Turkey as well as the dialogue with Kurdish representatives on the settlement
of the Kurdish question; and to abolish or limit the curfews with
a view to restoring basic humanitarian conditions for the populations
in the affected regions.
12. The Assembly reaffirms the importance of the parliamentary
monitoring procedure, and the work of the Monitoring Committee in
the democratisation and institution-building processes in all Council
of Europe member States. In that respect, it especially welcomes
the periodic review of the honouring of the membership obligations
to the Council of Europe by countries that are not subject to a
monitoring procedure sensu stricto, or
engaged in a post-monitoring dialogue with the Assembly.
13. The Assembly takes note of the reports of the periodic review
of the honouring of the membership obligations to the Council of
Europe by Austria, the Czech Republic, Denmark, Finland, France
and Germany that are contained in the report on the progress of
the Assembly’s monitoring procedure (September 2015-December 2016).
It endorses the findings and conclusions of these periodic review
reports and encourages the respective authorities to implement their
recommendations. In particular, the Assembly:
13.1. with respect to Austria:
13.1.1. recognising that
the country has recently been facing an unprecedented influx of refugees,
which has led to rising populism with mounting anti-migration and
anti-Islam rhetoric, welcomes the intention of the Austrian authorities
to adopt a national action plan on human rights in the near future.
In this context, the Assembly recommends that the authorities consider merging
the various anti-discrimination acts and institutions of the federation
and the federal States (Länder)
in order to improve the protection afforded to victims of racism
and discrimination;
13.1.2. welcomes the strengthening of Austria’s legal framework
to combat corruption, by the ratification of the Criminal Law Convention
on Corruption (ETS No. 173) and its Additional Protocol (ETS No.
191) in 2013. In this context, it encourages the authorities to
amend the Political Parties Act, in line with the recommendations
issued by the Group of States against Corruption (GRECO) and to
strengthen the role and independence of the Austrian Court of Audit. In
addition, it calls on the Austrian Parliament to promptly ratify
the Council of Europe Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime and on the Financing
of Terrorism (revised) (CETS No. 198), which Austria signed in 2005;
13.1.3. encourages the authorities to consider Austria becoming
a member of the Council of Europe Development Bank as well as becoming
a member of the Committee of Experts on the Evaluation of Anti-Money
Laundering Measures and the Financing of Terrorism (MONEYVAL);
13.1.4. welcomes the amendment to the National Minorities Act
related to bilingual topographical signs and the use of minority
languages as an official language;
13.1.5. calls on the Austrian authorities to sign and ratify the
Additional Protocol to the European Charter of Local Self-Government
on the right to participate in the affairs of a local authority (CETS
No. 207) and to initiate an overall institutional reform of the
federal system in Austria, in line with Recommendation 302 (2011)
of the Congress of Local and Regional Authorities of the Council
of Europe on local and regional democracy in Austria;
13.2. with respect to the Czech Republic:
13.2.1. welcomes
the ratification of the Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201), and
the signature of the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (CETS
No. 210, “Istanbul Convention”), as well as the Convention on Action
against Trafficking in Human Beings (CETS No. 197). The Assembly
expresses its expectation that the latter two conventions will soon
be ratified by the Czech Parliament;
13.2.2. expresses its concern about the intolerance in political
discourse, which has been highlighted repeatedly by specific monitoring
bodies, and recommends that efforts be made to fight against all
forms of hate speech in the country. In this context, the Assembly
emphasises that effective investigations must be carried out into
all manifestations of racism, xenophobia and hate speech and that
adequate sanctions must be applied when needed;
13.2.3. is concerned about the findings of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) with regard to the treatment of detained persons
and conditions of detention in police establishments and prisons.
It recommends prompt implementation of the CPT’s outstanding recommendations,
including on the issue of surgical castration of sex offenders;
13.2.4. welcomes the improvements in the situation of Roma and
the reforms initiated, especially concerning the issue of segregation
of Roma children at school, but stresses that sustained efforts
are needed to prevent, combat and sanction discrimination against
them. In this context, the Assembly, following the recommendations
by the Council of Europe Commissioner for Human Rights, encourages
the authorities to review the compensation system for Roma women
who were victims of sterilisation without their full and informed
consent;
13.2.5. welcomes the progress made in adopting the legislative
or other measures contained in the 2015 Anti-Corruption Plan, as
well as the increased efforts to prosecute cases of corruption. The
Assembly encourages the authorities to continue to pursue the fight
against corruption, including political corruption, and recommends
the prompt implementation of the outstanding GRECO recommendations;
13.3. with respect to Denmark:
13.3.1. takes note of
the specificities of the Danish political system, which includes
two semi-autonomous entities, Greenland and the Faroe Islands, which
enjoy a high degree of autonomy and thus bear an important responsibility
in ensuring the protection of human rights as their consent is required
to ensure that any legal instruments have full effect over the whole
territory of the Kingdom of Denmark. The Assembly encourages all
the relevant authorities to step up their joint co-ordination with
a view to allowing the lifting of current reservations on a number
of conventions;
13.3.2. welcomes progress made in strengthening local democracy
after the Danish Municipal Reform launched in 2007 and encourages
the authorities to sign and ratify the Additional Protocol to the
European Charter on Local Self-Government on the right to participate
in the affairs of a local authority;
13.3.3. encourages the authorities to find the right balance between
effective measures to fight terrorism and the protection of fundamental
rights, and to ensure that the Aliens Act and the Administration
of Justice Act fully comply with human rights standards, including
with regard to due process and equality of arms;
13.3.4. urges the Danish Parliament to ratify Protocol No. 12
to the European Convention on Human Rights (ETS No. 177);
13.3.5. congratulates Denmark on the recurrent excellent scores
in the Corruption Perception Index, which reflects a very low perception
of corruption by the population and a generally high trust in the
oversight institutions. To further strengthen this perception, the
Assembly encourages the authorities to initiate the expected reform
in the field of transparency of party funding without further delay
and to ensure its compliance with the relevant Council of Europe
anti-corruption standards and GRECO’s recommendations;
13.3.6. encourages the authorities to ratify the Council of Europe
Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism (revised)
and the European Social Charter (revised) (ETS No. 163), which Denmark
signed in 1996, and the Additional Protocol to the European Social
Charter Providing for a System of Collective Complaints (ETS No.
158), which it signed in 1995;
13.4. with respect to Finland:
13.4.1. commends the country
for its commitment to using the different Council of Europe monitoring
bodies’ recommendations to ensure sustained progress in the fields
of human rights, the rule of law and democracy, which is a laudable
example of good practice that should inspire other Council of Europe
member States;
13.4.2. welcomes the proactive work of the authorities to address
risks and vulnerabilities in existing corruption-prone areas and
sectors, despite being one of the least corrupt countries in Europe
according to several standards and measurements;
13.4.3. encourages the authorities to continue to address the
concerns of the CPT with regard to inadequate medical services and
sometimes poor sanitation in detention centres, as well as with
regard to excessive delays in moving detainees from police holding
cells to remand prisons;
13.4.4. welcomes the new anti-discrimination legal framework aimed
at promoting equality, preventing discrimination and enhancing the
protection provided by law to those who have been discriminated
against. However, some vulnerable groups remain the subjects of
discrimination. In this context, the Assembly encourages the authorities
to address recurrent instances of discrimination against Roma and
Russian speakers;
13.4.5. reiterates the long-standing recommendation to ratify
the International Labour Organization (ILO) Indigenous and Tribal
Peoples Convention (No. 169), and to immediately initiate a constructive
dialogue with the Sami Parliament of Finland in order to seek a
solution to the land rights issue;
13.5. with respect to France:
13.5.1. acknowledges the
serious challenges faced by the country as a result of the terrorist attacks
and subsequent declaration of a state of emergency. The Assembly
emphasises the need to ensure that a fair balance is struck in order,
on the one hand, to defend freedom and security and, on the other,
to avoid infringing these same rights when adopting and applying
legislative provisions or other administrative measures. It reiterates
its position that a state of emergency should remain an exceptional
situation as it poses real dangers for fundamental rights when the measures
it entails are used in a discriminatory or disproportionate manner.
Acknowledging the judicial supervision and parliamentary oversight
over the implementation of the state of emergency, the Assembly
nevertheless considers that the state of emergency should be kept
to an absolute minimum in terms of time;
13.5.2. welcomes the progress on combating intolerance and racism
made by the French authorities in the last few years and encourages
them to ratify Protocol No. 12 to the European Convention on Human
Rights;
13.5.3. is seriously concerned about persistent prison overcrowding
and remand without trial in France, which show no sign of abating.
The authorities are urged to take, without further delay, all measures
needed to address this serious human rights concern;
13.5.4. encourages the authorities to take all necessary measures
to permit the ratification of the European Charter for Regional
or Minority Languages (ETS No. 148) and to sign and ratify the Framework
Convention for the Protection of National Minorities (ETS No. 157);
13.5.5. welcomes the efforts to combat corruption, but also notes
that, according to GRECO, serious shortcomings remain, which the
Assembly encourages the French authorities to address;
13.5.6. notes that, notwithstanding the reforms carried out so
far, the prosecution service could still be suspected of subordination
to the executive, which is difficult to reconcile with the autonomy
required by the sometimes exclusive or monopolistic tasks entrusted
to prosecutors;
13.5.7. expresses its concern regarding the abuse of identity
checks by the law-enforcement agencies as a means of crowd control
during demonstrations, in clear violation of the legal provisions
governing such checks, as well as the recurrent problem of excessive
length of detention on remand, which the Assembly urges the authorities
to address;
13.6. with respect to Germany:
13.6.1. commends Germany
for its willingness to accommodate the massive arrival of refugees in
the recent period. It welcomes the tolerant position of the federal
government and major political parties in this context;
13.6.2. underscores that combating xenophobia, racism and intolerance
constitutes one of the most important and urgent challenges that
Germany – as well as many other European States – has to face and
welcomes in this respect the establishment of a national action
plan against racism and the increase in resources made available
to the Federal Anti-Discrimination Agency. The Assembly encourages
the German authorities to continue to pursue efforts to combat racism, intolerance
and extremism and to show zero tolerance towards racism and ethnic
profiling in the police;
13.6.3. strongly encourages the authorities to scrap Section 103
of the Criminal Code (Defamation of organs and representatives of
foreign States) and amend accordingly the 2009 anti-terrorism law
(the BKA Act) following the decision of the Constitutional Court
of 20 April 2016, with a view to strengthening media freedom and
freedom of expression;
13.6.4. with a view to strengthening the independence of the judiciary,
calls on the authorities to consider setting up a system of judicial
self-administration and abolish the possibility for ministers of
justice to give the prosecution (lawful) instructions concerning
individual cases, thus strengthening the independence of public
prosecutors;
13.6.5. welcomes the adoption of the Anti-Corruption Act as well
as the Political Parties Act. It also welcomes the adoption and
entry into force of the Council of Europe Criminal Law Convention
on Corruption and of the Additional Protocol thereto as well as
the Council of Europe Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime and on the Financing
of Terrorism. In this context, it encourages Germany now to promptly
ratify the Council of Europe Civil Law Convention on Corruption
(ETS No. 174).
13.6.6. warmly welcomes the adoption by the German Parliament
of the “No means No” law which enhances the protection of individual
consent in sexual relations and paves the way for the ratification
of the Istanbul Convention;
13.6.7. calls on the authorities to promptly ratify the European
Social Charter (revised) and its protocols.
14. The Assembly takes note of the committee’s continuous efforts
to reflect on ways in which this review process can be strengthened
and reinforced.