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Reply to Recommendation | Doc. 14795 | 11 January 2019
Persecution of LGBTI people in the Chechen Republic (Russian Federation)
1. The Committee of Ministers informs the
Parliamentary Assembly that the following reply was adopted by a
majority as provided by Article 20 (d) of the Statute.
2. The Committee of Ministers has carefully examined Recommendation 2138 (2018) –
“Persecution of LGBTI people in the Chechen Republic (Russian Federation)”,
which it forwarded to the Steering Committee for Human Rights (CDDH)
for information and potential comments.
3. The Committee of Ministers would point out that human rights
are universal and indivisible and all persons, irrespective of their
sexual orientation or gender identity, are protected by the European
Convention on Human Rights. It refers to Recommendation CM/Rec(2010)5 on
measures to combat discrimination on grounds of sexual orientation
or gender identity, in which it recognises that “lesbian, gay, bisexual
and transgender persons have been for centuries and are still subjected
to homophobia, transphobia and other forms of intolerance and discrimination
even within their family – including criminalisation, marginalisation, social
exclusion and violence – on grounds of sexual orientation or gender
identity, and that specific action is required in order to ensure
the full enjoyment of the human rights of these persons”.
4. The Committee of Ministers notes with concern that hate crimes
targeting LGBTI persons continue to be committed in Council of Europe
member States. It points out that, in accordance with the requirements
of the European Convention on Human Rights as interpreted by the
Court, States have an obligation to carry out effective investigations
and to take account of possible grounds of discrimination so that
when such crimes are detected they do not go unpunished. States
also have a positive obligation to protect the right to life of
all persons placed under their jurisdiction and their right not
to be subject to treatment in breach of Article 3 of the European
Convention on Human Rights.
5. According to information provided by the Secretary General
following his visit to the Russian Federation on 20 and 21 June
2018, the investigation into allegations of persecution of LGBTI
persons in the Chechen Republic is still under way. The Committee
of Ministers calls on the Russian Federation to carry out an immediate
and transparent investigation into the reports of persecution of
LGBTI persons in order to bring to justice those responsible and
to ensure the safety of the LGBTI persons in the North Caucasus,
as well as human rights defenders, journalists and other media workers
reporting such violations and abuses.
6. As the Assembly points out, the implementation of Recommendation CM/Rec(2010)5 is
currently being examined. The CDDH, which has been charged with
this task, has sent the member States a questionnaire designed to
collect up-to-date national information on legislation and awareness-raising
measures introduced or planned to combat various types of hate speech
(particularly in the media and/or by public authorities or bodies),
which can be reasonably interpreted to incite hatred or discrimination
against LGBTI persons. National good practices which it has been
possible to identify on the basis of replies to the questionnaire
might be drawn on profitably by member States in their efforts to
combat discrimination on the grounds of sexual orientation or gender
identity effectively throughout their respective territories. The
results of this study are expected to emerge in 2019.