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Opinion 193 (1996)
Russia's request for membership of the Council of Europe
1. The Russian Federation applied
to join the Council of Europe on 7 May 1992. By Resolution (92)
27 of 25 June 1992, the Committee of Ministers asked the Parliamentary
Assembly to give an opinion, in accordance with Statutory Resolution
(51) 30 A.
2. Special guest status with the Parliamentary Assembly was granted
to the Russian Parliament on 14 January 1992.
3. Procedure for an opinion on Russia's request for membership
was interrupted on 2 February 1995 because of the conflict in Chechnya.
On 27 September 1995, with the adoption of Resolution 1065, procedure was resumed on the grounds that Russia was
henceforth committed to finding a political solution and that alleged
and documented human rights violations were being investigated.
4. The Assembly has followed the events of December 1995 in Gudermes
and the recent events in Pervomayskoye with deep concern. It firmly
condemns the taking of hostages as an act of terrorism and a flagrant
violation of human rights, which no cause can justify. At the same
time, it considers that the Russian authorities did not show sufficient
concern for the safety of the hostages. The apparently indiscriminate
use of force cost the lives of many innocent people and violated
international humanitarian law. The Chechen conflict cannot be resolved
by the use of force. There will be no peace in the region, nor an
end to terrorist attacks, without a political solution based on
negotiation and on European democratic values.
5. The Assembly notes that political, legal and economic reforms
have been sustained. The legal system continues to show shortcomings,
as noted by Council of Europe legal experts (7 October 1994). Nonetheless, there
is progress towards a general awareness of - and respect for - the
rule of law.
6. Assurances of continued progress were given to the Council
of Europe by the President of the Federation, the Prime Minister,
the President of the Duma and the President of the Council of the
Federation in their letter of 18 January 1995.
7. On the basis of these assurances and of the following considerations
and commitments, the Assembly believes that Russia - in the sense
of Article 4 of the Statute - is clearly willing and will be able
in the near future to fulfil the provisions for membership of the
Council of Europe as set forth in Article 3 ("Every member of the Council
of Europe must accept the principles of the rule of law and of the
enjoyment by all persons within its jurisdiction of human rights
and fundamental freedoms, and collaborate sincerely and effectively
in the realisation of the aim of the Council ..."):
7.1. Russia has been taking part
in various activities of the Council of Europe since 1992 - through
its participation in intergovernmental "co-operation and assistance"
programmes (notably in the fields of legal reform and human rights),
and through the participation of its special guest delegation in
the work of the Parliamentary Assembly and its committees;
7.2. "political dialogue" between Russia and the Committee
of Ministers has been established since 7 May 1992;
7.3. Russia has acceded to several Council of Europe conventions,
including the European Cultural Convention;
7.4. the following legislation is being prepared as a matter
of priority, with international consultation, on the basis of Council
of Europe principles and standards: a new criminal code and a code
of criminal procedure; a new civil code and a code of civil procedure;
a law on the functioning and administration of the penitentiary
system;
7.5. new laws in line with Council of Europe standards will
be introduced: on the role, functioning and administration of the
Procurator's Office and of the Office of the Commissioner for Human
Rights; for the protection of national minorities; on freedom of
assembly and on freedom of religion;
7.6. the status of the legal profession will be protected by
law: a professional bar association will be established;
7.7. those found responsible for human rights violations will
be brought to justice - notably in relation to events in Chechnya;
7.8. effective exercise will be guaranteed of the rights enshrined
in Article 27 of the constitution and in the law on freedom of movement
and choice of place of residence;
7.9. conditions of detention will be improved in line with
Recommendation R (87) 3 on European prison rules: in particular,
the practically inhuman conditions in many pre-trial detention centres
will be ameliorated without delay;
7.10. responsibility for the prison administration and the execution
of judgments will be transferred to the Ministry of Justice as soon
as possible;
7.11. the state and progress of legislative reform will permit
the signature and ratification, within the indicated timetable,
of the European conventions listed hereunder in paragraph 10;
7.12. the Russian Federation will assist persons formerly deported
from the occupied Baltic states or the descendants of deportees
to return home according to special repatriation and compensation programmes
which must be worked out.
8. With a view to the fulfilment of these assurances and respect
for these commitments, the Assembly resolves to establish - with
the close co-operation of Russia's national parliamentary delegation
- its own parliamentary "advisory and control" programme under the
authority of the committees responsible for the implementation of
Order No. 508 (1995) on the honouring of obligations and commitments
by member states of the Council of Europe. This programme will complement,
and not prejudice, the monitoring procedure under Order No. 508
(1995).
9. As a contribution to long-term assistance and co-operation,
the Assembly welcomes the European Union/Council of Europe joint
programme for the strengthening of the federal structure and of
human rights protection mechanisms and for legal system reform:
particular attention should also be paid to support for, and the
strengthening of, non-governmental organisations in the field of
human rights and to the establishment of a civil society.
10. The Parliamentary Assembly notes that the Russian Federation
shares fully its understanding and interpretation of commitments
entered into as spelt out in paragraph 7, and intends:
10.1. to sign the European Convention
on Human Rights at the moment of accession; to ratify the Convention
and Protocols Nos. 1, 2, 4, 7 and 11 within a year; to recognise,
pending the entry into force of Protocol No. 11, the right of individual
application to the European Commission and the compulsory jurisdiction
of the European Court (Articles 25 and 46 of the Convention);
10.2. to sign within one year and ratify within three years
from the time of accession Protocol No. 6 to the European Convention
on Human Rights on the abolition of the death penalty in time of
peace, and to put into place a moratorium on executions with effect
from the day of accession;
10.3. to sign and ratify within a year from the time of accession
the European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment;
10.4. to sign and ratify within a year from the time of accession
the European Framework Convention for the Protection of National
Minorities; to conduct its policy towards minorities on the principles
set forth in Assembly Recommendation
1201 (1993), and to incorporate these principles into the legal
and administrative system and practice of the country;
10.5. to sign and ratify within a year from the time of accession
the European Charter of Local Self-Government and the European Charter
for Regional or Minority Languages; to study, with a view to ratification,
the Council of Europe's Social Charter; and meanwhile to conduct
its policy in accordance with the principles of these conventions;
10.6. to sign and ratify and meanwhile to apply the basic principles
of other Council of Europe conventions - notably those on extradition;
on mutual assistance in criminal matters; on the transfer of sentenced
persons; and on the laundering, search, seizure and confiscation
of the proceeds of crime;
10.7. to settle international as well as internal disputes by
peaceful means (an obligation incumbent upon all member states of
the Council of Europe), rejecting resolutely any forms of threats
of force against its neighbours;
10.8. to settle outstanding international border disputes according
to the principles of international law, abiding by the existing
international treaties;
10.9. to ratify, within six months from the time of accession,
the agreement of 21 October 1994 between the Russian and Moldovan
Governments, and to continue the withdrawal of the 14th Army and
its equipment from the territory of Moldova within a time-limit
of three years from the date of signature of the agreement;
10.10. to fulfil its obligations under the Treaty on Conventional
Armed Forces in Europe (CFE);
10.11. to denounce as wrong the concept of two different categories
of foreign countries, whereby some are treated as a zone of special
influence called the "near abroad";
10.12. to negotiate claims for the return of cultural property
to other European countries on an ad hoc basis that differentiates
between types of property (archives, works of art, buildings, etc.)
and of ownership (public, private or institutional);
10.13. to return without delay the property of religious institutions;
10.14. to settle rapidly all issues related to the return of
property claimed by Council of Europe member states, in particular
the archives transferred to Moscow in 1945;
10.15. to cease to restrict - with immediate effect - international
travel of persons aware of state secrets, with the exception of
those restrictions which are generally accepted in Council of Europe
member states, and to facilitate the consultation of archives kept
in the Russian Federation;
10.16. to ensure that the application of the CIS Convention on
Human Rights does not in any way interfere with the procedure and
guarantees of the European Convention on Human Rights;
10.17. to revise the law on federal security services in order
to bring it into line with Council of Europe principles and standards
within one year from the time of accession: in particular, the right
of the Federal Security Service (FSB) to possess and run pre-trial
detention centres should be withdrawn;
10.18. to adopt a law on alternative military service, as foreseen
in Article 59 of the constitution;
10.19. to reduce, if not eliminate, incidents of ill-treatment
and deaths in the armed forces outside military conflicts;
10.20. to pursue legal reform with a view to bringing all legislation
in line with Council of Europe principles and standards: in particular,
Presidential Decree No. 1226 should be revised without delay;
10.21. to extend its international co-operation to prevent -
and eliminate the ecological effects of - natural and technological
disasters;
10.22. to sign and ratify within a year from the time of accession
the General Agreement on Privileges and Immunities of the Council
of Europe and its additional protocols;
10.23. to co-operate fully in the implementation of Assembly
Order No. 508 (1995) on the honouring of obligations and commitments
by member states of the Council of Europe, as well as in monitoring processes
established by virtue of the Committee of Ministers' Declaration
of 10 November 1994 (95th session);
10.24. to respect strictly the provisions of international humanitarian
law, including in cases of armed conflict on its territory;
10.25. to co-operate in good faith with international humanitarian
organisations and to enable them to carry on their activities on
its territory in conformity with their mandates.
11. The Assembly recommends that the Committee of Ministers -
on the basis of the commitments and understandings indicated above:
11.1. invite the Russian Federation
to become a member of the Council of Europe;
11.2. allocate eighteen seats to the Russian Federation in the
Parliamentary Assembly;
11.3. guarantee that the Organisation's means and capabilities,
in particular those of the Assembly and of the human rights institutions,
are increased to meet the consequences of these decisions, and refrain from
using the Russian Federation's accession to reduce the contributions
of states which are already members.