Doc. 9970

13 October 2003

Human Rights violations in the Chechen Republic: the Committee of Ministers’s responsibility vis-à-vis the Assembly’s concerns

Motion for a recommendation

presented by Mr Bindig and others

1.       The Parliamentary Assembly is deeply concerned about the seriousness and persistence of human rights violations in the Chechen Republic, not only in the run-up to the constitutional referendum in March 2003, but also during the campaign for the presidential elections scheduled for 5 October 2003. It is particularly concerned about new cases of violence against individuals, and their families, who have lodged complaints with local law enforcement authorities, or with the European Court of Human Rights in Strasbourg. It is also concerned about Russia’s failure to co-operate with the European Committee for the Prevention of Torture, which prompted the latter to issue two public statements in 2001 and in 2003.

2.       In its Recommendation 1600 (2003), the Assembly had stressed the need for urgent action to counteract the climate of impunity which has developed in the Chechen Republic and deplored the failure of both the Russian authorities and the Council of Europe to improve the human rights situation. The Assembly in particular recommended that the Committee of Ministers “take all possible measures to increase the effectiveness on the current mandate of the Council of Europe experts” in the Chechen Republic “as regards their possibility of influencing the human rights situation”.

3.       In its reply adopted in May 2003, the Committee of Ministers emphasized the importance of the continued presence of Council of Europe staff in the Chechen Republic since June 2000. Reference was also made in the reply to monthly discussions by the Deputies on reports presented by the Secretary General “on the work of the Council of Europe experts present in Chechnya”, which were made available to the Parliamentary Assembly and were an important source of information, in particular for its Rapporteurs on the Chechen Republic.

4.       However, the Assembly notes that since late April 2003, for security reasons, there has been no actual presence of any Council of Europe staff in the Chechen Republic. The Secretary General presents reports but they are no longer based on information collected on the spot.

5.       Moreover, the Assembly in its Recommendation 1600 (2003) “petition[ed] the Committee of Ministers by virtue of paragraph 1 of the 1994 Declaration on Compliance with Commitments accepted by Member States of the Council of Europe, with respect to the human rights situation in the Chechen Republic”. By so doing, the Assembly used one of its prerogatives under the 1994 Declaration, being one of the three actors mentioned in the declaration empowered to refer to the Committee of Ministers a question of “implementation of commitments concerning the situation of democracy, human rights and the rule of law in any member State”.

6.       However, the Committee of Ministers in its reply of May 2003, did not make any clear reference to this point and it did not enter into a substantial assessment of possible measures in response to the Assembly’s petition, which would be commensurate with the seriousness of the violations. This omission on the part of the Committee of Ministers is all the more regrettable as it was the first time that the Assembly has ever used paragraph 1 of the 1994 Declaration to refer a question to the Committee of Ministers.

7.       The lack of effective action by the Committee of Ministers regarding the human rights violations in the Chechen Republic was also voiced in written questions by Mr S. Kovalev, Lord Judd and Mr Bindig during the June 2003 part-session. Again, they received no substantial reply by the Chairman of the Committee of Ministers.

8.       Finally, the Assembly in its Recommendation 1600 (2003) requested that the Committee of Ministers take specific action by virtue of paragraph 4 of the above-mentioned Declaration. No reference to this point can be found in the reply of the Committee of Ministers. This omission must be seen in light of the fact that the Committee of Ministers, quite rightly, saw fit to take action under paragraph 4 of the Declaration in other cases (Ukraine, Georgia, Moldova).

9.       This lack of consistency on the part of the Committee of Ministers is deeply regrettable as the Assembly and the Committee of Ministers share the common objective to improve the situation in Chechnya. By petitioning the Committee of Ministers to use its own monitoring mechanism, the Assembly showed its readiness to create synergies with the Council’s Executive organ.

10.       It therefore urges the Committee of Ministers to respond positively to this initiative and to demonstrate the effectiveness of its monitoring system by taking specific action as foreseen by paragraph 4 of the Committee of Ministers’ 1994 Declaration with respect to the most serious violations of human rights in a member state at the present time.

Signed ¹:

Bindig, Germany, SOC

Bruce, United Kingdom, LDR

Elo, Finland, SOC

Eörsi, Hungary, LDR

Goris, Belgium, LDR

Gross, Switzerland, SOC

Jurgens, Netherlands, SOC

Kovalev S., Russia, LDR

Kroupa, Czech Republic, EPP/CD

Lloyd, United Kingdom, SOC

Magnusson, Sweden, SOC

McNamara, United Kingdom, SOC

Nabholz-Haidegger, Switzerland, LDR

Severin, Romania, SOC

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group