Committee Opinion | Doc. 14543 | 25 April 2018
Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly
Committee on Legal Affairs and Human Rights
A. Conclusions of the committee
(open)B. Proposed amendments
(open)Amendment A (to the draft resolution)
At the end of paragraph 4, add the following words:
“, as well as the fact that the IBAC could not be granted robust investigatory powers such as those of national parliamentary committees of inquiry and judicial authorities”
Amendment B (to the draft resolution)
After paragraph 4, insert the following paragraph:
“The Assembly therefore could not and did not expect the IBAC to provide proof in the judicial sense of any corrupt wrongdoings it became aware of, let alone of any criminal offences potentially involved. This is the task of the competent national authorities, whom the Assembly and its national delegations invite to follow up the information provided by the IBAC. In this context, the Assembly stresses the need for all findings and other information contained in the IBAC report on the corrupt activities of certain countries to be duly followed up, without exception.”
Amendment C (to the draft resolution)
In paragraph 5, in the first sentence, replace the words “probably also existed in relations with” with the words “clearly also been used by”.
Amendment D (to the draft resolution)
In paragraph 12, after the words “the Assembly”, insert the following words:
“, recalling the principle of individual political responsibility, including the possibility for those elected to relinquish their mandates”
Amendment E (to the draft resolution)
In paragraph 12.2, replace the words “give thought to” with the word “implement”, and add the following words at the end:
“, bearing in mind the need for transparency and accountability”
Amendment F (to the draft resolution)
At the end of paragraph 13.2, add the following words:
“and report back to the Parliamentary Assembly by the end of 2018”
Amendment G (to the draft resolution)
In paragraph 15, second sentence, replace the words “cannot stop halfway” with the following words:
“must use this opportunity to make a fresh start and give all necessary follow-up to any allegations of wrongdoing”
C. Explanatory notes
(open)1. Amendment A (to the draft resolution)
See paragraph 2 of the conclusions of the committee.
2. Amendment B (to the draft resolution)
See paragraph 2 of the conclusions of the committee.
3. Amendment C (to the draft resolution)
The IBAC report refers to some questionable practices used by countries other than Azerbaijan. The most obvious one is not mentioned in the IBAC report itself, but is well-known in the Assembly, namely the organisation of a highly questionable visit to Syria by members of the former Russian delegation, involving prominent members of the Assembly (see paragraph 3 of the conclusions of the committee).
4. Amendment D (to the draft resolution)
It is important to recall that in addition to possible criminal responsibility for acts of corruption, there is also a need for political responsibility of those having been found in violation of ethical norms in their political activities. Political responsibility includes the possibility for those elected to relinquish their mandates when they can no longer fulfil them in accordance with their voters’ expectations.
5. Amendment E (to the draft resolution)
Transparency and accountability are the foundation of public trust in the political process. Parliamentarians should be accountable before their voters for the positions they express by voting, also in the Assembly and its committees. Parliamentarians should be prepared to publicly explain and defend their voting record.
6. Amendment F (to the draft resolution)
This amendment is self-explanatory.
7. Amendment G (to the draft resolution)
This amendment is intended to strengthen the message that the real overhaul of the parliamentary attitudes and practices must begin now. We are not yet halfway, unfortunately.