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Resolution 2034 (2015) Final version
Challenge, on substantive grounds, of the still unratified credentials of the delegation of the Russian Federation
1. On 26 January 2015, the still unratified
credentials of the Russian delegation were challenged on the basis
of Rules 8.1 and 8.2 of the Rules of Procedure of the Parliamentary
Assembly on the grounds that the role and participation of the Russian
Federation in the conflict in eastern Ukraine, as well as its continued
illegal annexation of Crimea was in violation of the Statute of
the Council of Europe (ETS No. 1) as well as its accession commitments
to the Council of Europe, which, in general, brought into question
the commitment of the Russian delegation to the principles and membership
obligations of the Council of Europe.
2. The Assembly recalls its Resolution 1990 (2014) on the reconsideration
on substantive grounds of the previously ratified credentials of
the Russian delegation. In this resolution, the Assembly considered
that the illegal annexation of Crimea by the Russian Federation,
and the involvement and actions of the Russian Federation in the
lead up to this annexation, constituted a grave violation of international
law and were a clear contradiction to the Statute of the Council
of Europe and Russia’s accession commitments. The Assembly strongly
condemned the violation of Ukrainian sovereignty and territorial
integrity by the Russian Federation, which required a strong signal
of disapproval from the Assembly. At the same time, the Assembly
highlighted the need for continuing dialogue with the Russian Federation,
including on Russia’s obligations and adherence to the values and
principles of the Council of Europe. The Assembly therefore decided
not to annul the credentials of the Russian delegation but to suspend,
until the end of the 2014 session, the voting rights of the Russian
delegation as well as its right to be represented in the Bureau,
Presidential Committee and Standing Committee of the Assembly and
its right to participate in election observation missions. In addition,
in this resolution, the Assembly reserved the right to annul the
credentials of the Russian delegation if the Russian Federation
did not de-escalate the situation and reverse the annexation of
Crimea.
3. The Assembly condemns the illegal annexation of Crimea and
its continuing integration into the Russian Federation. It is concerned
by statements from Russian political leaders that clearly imply
that a resolution of this issue in line with international law and
principles will not be possible in the foreseeable future. The Assembly
reasserts that the illegal annexation of Crimea by the Russian Federation
is a gross violation of international law, including of the United
Nations Charter, the Helsinki Final Act of the Organization for
Security and Co-operation in Europe (OSCE) as well as the Statute
of the Council of Europe and Russia’s accession commitments to this
Organisation.
4. The Assembly is alarmed at the deterioration of the human
rights situation in Crimea, including the deaths and disappearances
of political activists who were critical of Russia’s annexation
of Crimea. It is equally concerned about the threats and actions
against independent and critical media outlets. In this respect,
the Assembly urges the Russian authorities to:
4.1. reverse the illegal annexation
of Crimea;
4.2. fully and transparently investigate these deaths and disappearances
as well as allegations of abuse and human rights violations by the
police and (para)military forces active in this region;
4.3. disband all paramilitary forces in the region;
4.4. refrain from exerting pressure and threatening to close
independent media outlets and reverse the closure of the Crimean
Tatar television channel, ATR.
5. The situation of minorities in Crimea, in particular the Crimean
Tatar community, is of serious concern to the Assembly. It is dismayed
by the raids on Tatar organisations and institutions, including
the offices of the Mejlis (council of representatives of the Crimean
Tatar people), as well as the ban on entry into Crimea for the Crimean
Tatar leaders, Mr Mustafa Dzhemilev and Mr Refat Chubarov. In addition,
the Assembly expresses its concern about reports of the diminishing
availability of education in the Ukrainian language in Crimea. In
this respect, the Assembly calls on the Russian authorities to:
5.1. refrain from harassing, and
putting pressure on, Crimean Tatar institutions and organisations;
5.2. allow the return to Crimea, and free movement across the
administrative boundary line, for Mr Mustafa Dzhemilev and Mr Refat
Chubarov;
5.3. take all necessary measures to ensure the continued availability
of education in the Ukrainian language.
6. The Assembly welcomes the fact that, with few exceptions,
civilians continue to move freely across the administrative boundary
between Crimea and the rest of Ukraine. It calls on all authorities
concerned to refrain from any undue measures that could hinder or
impede this free movement of civilians.
7. The Assembly is extremely concerned about the developments
in eastern Ukraine and condemns Russia’s role in instigating and
escalating these developments, including with arms supplies to insurgent
forces and covert military action by Russian troops inside eastern
Ukraine, which are a gross violation of international law, including
the Statute of the Council of Europe as well as of the Minsk Protocol
to which Russia is a party. In addition, the Assembly expresses
its dismay about the participation of large numbers of Russian “volunteers” in
the conflict in eastern Ukraine without any apparent action of the
Russian authorities to stop this participation, despite it being
in violation of the Criminal Code of the Russian Federation itself.
It takes note of credible reports of burials of soldiers on Russian
territory. The Assembly condemns the violation of the territorial
integrity and borders of a Council of Europe member State by the
Russian Federation. It therefore calls on the Russian authorities
to immediately:
7.1. withdraw all
its troops, including covert forces, from Ukrainian territory;
7.2. refrain from supplying weapons to the insurgent forces;
7.3. take credible measures to end the influx of Russian “volunteers”
into the conflict in eastern Ukraine;
7.4. adopt amendments to the Criminal Code that criminalise
the participation of Russian civilians in armed conflicts abroad,
including when they are not remunerated for their actions;
7.5. prosecute to the full extent of Russian law, all Russian
citizens who have participated as “volunteers” in the armed conflict
in eastern Ukraine;
7.6. give its full co-operation to the investigations into
the downing of Malaysia Airlines flight MH17;
7.7. bring the Federal Law on Defence of the Russian Federation
into line with the opinion of the European Commission for Democracy
through Law (Venice Commission) on this law;
7.8. ensure permanent Ukrainian/Russian control of their joint
State border;
7.9. release all hostages, prisoners of war and illegally held
persons.
8. In the view of the Assembly, the conflict in eastern Ukraine
can only be resolved by political means. It therefore welcomes the
Minsk Protocol and Memorandum, signed by the Russian Federation
and Ukraine, as well as by the self-proclaimed people’s republics
of Donetsk and Luhansk. It therefore expresses its great concern
that the Russian Federation is now denying that it is even a party
to the Minsk Protocol and Memorandum, asserting that it is only
an observer. It deplores the repeated violations by all sides of
the ceasefire. It calls on all signatories to respect the ceasefire
and fully implement the Minsk Protocol. It particularly calls on
the Russian authorities to allow and assist the Ukrainian authorities
to establish full control, under international monitoring, of its
entire border with Russia, which is the basis of the political solution
of the conflict as provided for in the Minsk Protocol.
9. The Assembly is deeply concerned by repeated and credible
reports of human rights violations, including possible war crimes,
by armed insurgents as well as voluntary battalions fighting alongside
the Ukrainian armed forces. The Russian and Ukrainian authorities
should fully and transparently investigate any reports of human
rights violations and war crimes committed by their nationals and,
where violations are found, prosecute them to the fullest extent
of the law.
10. Underscoring the need for a negotiated solution to the conflict,
the Assembly cannot but condemn the statement of the pro-Russian
rebel leader, Alexander Zakharchenko, on 23 January 2015, that his
forces will no longer abide by, and are no longer interested in,
a ceasefire agreement, as well as his decision to start an offensive
to occupy the rest of the Donetsk region as well as the city of
Mariupol. This represents a serious escalation of the conflict in
eastern Ukraine. The Assembly equally condemns the rocket attack
by separatist forces on the town of Mariupol that left at least
30 civilians dead. It urges Russia to use its influence to ensure that
the rebel forces return to the negotiating table and fully adhere
to the ceasefire agreement as provided for in the Minsk Protocol.
11. The Assembly expresses serious concern about the imprisonment
and indictment by the Russian Federation of Ms Nadiya Savchenko,
who is now a member of the Assembly. The Assembly considers her transfer
by Ukrainian insurgents to the Russian Federation and subsequent
imprisonment by the Russian authorities to be in violation of international
law amounting to her de facto kidnapping.
It demands that the Russian Federation respect its obligations under
international law, as a Party to the General Agreement on Privileges
and Immunities of the Council of Europe (ETS No. 2) and its protocol,
according to which Ms Nadiya Savchenko, as a member of the Parliamentary
Assembly, enjoys European parliamentary immunity. The Assembly calls
upon the Russian authorities to release Ms Savchenko within 24 hours
and to ensure her return to Ukraine or hand her over to a third
country.
12. Russia’s actions in Ukraine demonstrate its lack of willingness
to honour its accession commitments with regard to its relations
with neighbouring countries. The Assembly therefore calls on the
Russian authorities to dispel such concerns by:
12.1. implementing 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; and reversing the ethnic cleansing and the occupation
of the Georgian provinces of Abkhazia and South Ossetia and allowing
access to European Union monitors to these regions;
12.2. removing any obstacles to the free movement of civilians
across the administrative boundary lines between South Ossetia and
Abkhazia and the rest of Georgia;
12.3. implementing without delay its accession commitment to
withdraw the 14th Army and its equipment from the territory of the
Republic of Moldova;
12.4. promptly implementing the ruling of the European Court
of Human Rights in the case of Catan and
others v. the Republic of Moldova and Russia related
to the right to education in Latin-script schools in Transnistria,
and refraining from boycotting Moldovan products with the objective
of unduly influencing the Republic of Moldova’s foreign policy choices;
12.5. continuing its constructive engagement in the OSCE Minsk
Group in order to find a peaceful solution to the conflict over
Nagorno-Karabakh and suspending the sale of offensive weaponry to Armenia
and Azerbaijan until such time as this conflict has been resolved.
13. In the view of the Assembly, no solution to the conflict in
Ukraine will be possible without the full participation and commensurate
political will of the Russian Federation. The Russian Federation
therefore needs to engage in a meaningful dialogue with the Assembly
on this issue as well as on the honouring of its obligations and
commitments to the Council of Europe. However, the Assembly emphasises
that such dialogue can only take place if the Russian authorities
are willing to participate, in good faith and without preconditions, in
a constructive and open dialogue with the Assembly, including on
those issues where the views of the Assembly and Russia differ.
While, to the Assembly’s regret, its offer in Resolution 1990 (2014) for such
a dialogue was originally rejected by the State Duma, there have
been clear signals that the Duma is now willing to engage in such
a constructive dialogue with the Assembly.
14. In order to foster dialogue with the Russian Federation, the
Assembly for now resolves to ratify the credentials of the Russian
delegation. But, at the same time, as a clear expression of its
condemnation of the continuing grave violations of international
law in respect of Ukraine by the Russian Federation, including the Statute
of the Council of Europe and Russia’s accession commitments to this
Organisation, the Assembly resolves to suspend the following rights
of the Russian delegation for the duration of the 2015 session of
the Assembly:
14.1. the right to
be appointed rapporteur;
14.2. the right to be a member of an ad hoc committee on observation
of elections;
14.3. the right to represent the Assembly in Council of Europe
bodies as well as external institutions and organisations, both
institutionally and on an occasional basis.
15. In addition to the sanctions outlined in paragraphs 14.1 to
14.3, the Assembly resolves to suspend the voting rights and the
right to be represented in the Bureau of the Assembly, the Presidential
Committee and the Standing Committee of the Russian delegation to
the Assembly. However, it resolves to return to this issue, with
a view to reinstating these two rights at its April 2015 part-session
if Russia has made marked and measurable progress towards implementing
the demands of the Assembly formulated in this resolution in paragraphs
4.1 to 4.4, paragraphs 5.1 to 5.3, paragraphs 7.1 to 7.9, paragraph
11 and paragraphs 12.1 to 12.4; and has given its full co-operation
to the working group mentioned in paragraph 17 of this resolution.
16. The Assembly resolves to annul the credentials of the Russian
delegation at its June 2015 part-session if no progress is made
with regard to the implementation of the Minsk Protocol and Memorandum
as well as the demands and recommendations of the Assembly as expressed
in this resolution, in particular with regard to the immediate withdrawal
of Russian military troops from eastern Ukraine.
17. The Assembly invites the Bureau of the Assembly to consider
setting up, pending the agreement of the parliaments concerned,
a special working group with the participation of the speakers of
the Russian State Duma and the Ukrainian Verkhovna Rada, or their
representatives, to contribute to the realisation of all the propositions
made in this resolution and to formulate further possible action
by the Parliamentary Assembly in support of the implementation of
the Minsk Protocol.