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Resolution 2063 (2015)
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))
1. The 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 Protocol 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.
2. The 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.
3. The 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:
3.1. the 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;
3.2. the continued deterioration of the human rights situation
in eastern Ukraine and credible reports of violations of international
human rights and humanitarian law by all 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, as well as summary killings of Ukrainian soldiers
captured by pro-Russian illegal armed groups;
3.3. the 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;
3.4. the 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,
as well as the offensives against Debaltseve and Maryinka and the
shelling of Mariupol by illegal armed groups backed by Russian regulars,
which have led to a considerable number of civilian casualties;
3.5. the continuing presence of Russian troops in eastern Ukraine
and the influx of advanced weaponry and “volunteers” from the Russian
Federation;
3.6. the harassment and persecution of political activists,
NGOs and media organisations in Russia that 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.
4. 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 movements, independent media
and civil society, thus 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.
5. 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 renounce 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).
6. The 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
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 for
the co-rapporteurs for Ukraine and for the Russian Federation to
take stock of the human rights situation in this region.
7. 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.
8. In addition, the Assembly calls upon the Russian authorities
to:
8.1. fully 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 pro-Russian illegal armed groups to do
the same;
8.2. immediately reverse the illegal annexation of Crimea;
8.3. withdraw all its troops from Ukrainian territory;
8.4. immediately release Nadiia Savchenko and allow her to
return to Ukraine;
8.5. release all captives, in particular civilians and those
held in the Russian Federation, and to use its influence on the
pro-Russian illegal armed groups to do the same;
8.6. cease 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;
8.7. bring the law on foreign agents fully into line with European
standards and principles;
8.8. provide the public with accurate information about the
participation of forces of the regular Russian army in the military
conflict in Ukraine;
8.9. fully respect the rights to freedom of assembly and expression,
including of those critical of the authorities’ policies;
8.10. provide the families of missing Russian soldiers with
information on the fate of their missing relatives.
9. As 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.