10 February 1995

Doc. 7181

       Revised (2nd)

MOTION FOR A RESOLUTION

on violations of human rights and

international standards of democratic institutions

in connection with recent legal cases including

the trial of the five leading members of the Greek minority

organisation OMONIA in Albania

presented by Mrs PAPANDREOU, Greece, SOC

and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The undersigned, members of the Assembly, taking into account

1.       That Albania's application of 4 May 1992 for full membership of the Council of Europe, is still under consideration by the Parliamentary Assembly and its committees;

2.       The report of the experts on human rights and the introductory memorandum by Mr Columberg in the Committee on Legal Affairs and Human Rights' report, which both mention the problem of independence of the judiciary in Albania and that the Criminal Code and the Code of Penal Procedure, initially introduced by the communist regime, remain in force;

3.       The same introductory memorandum by Mr Columberg also referring to the need for monitoring the position of the Greek minority in Albania;

4.       The resolution of the UN/ECOSOC/Sub-Commission on Prevention of Discrimination and Protection of Minorities (ECN, 4Sub.2/1994/L19/17.8.1994), the resolution of the European Parliament dated 28 September 1994, as well as various statements and reports of international non-governmental organisations, all referring to the irregularities of the OMONIA five trial;

      Recalling:

5.       Resolution 1005 (1993), by which the Assembly, inter alia, encourages the Albanian government "...to create the institutional and legislative framework conditions... in particular as they relate to democracy, human and minority rights, including freedom of religion and worship..." and "...to provide for the unimpeded functioning of religious institutions and to facilitate restitution of churches, monasteries, cemeteries and religious objects";

6.       That the main objective of the Council of Europe has been the promotion of democratic ideals, such as the rule of law and the protection of human rights in a pan-European society characterised by ethnic, cultural, linguistic and religious diversity;

7.       That the acceleration of the procedure for the establishment and strengthening of democratic institutions and for the protection of human and minority rights in Albania will much contribute to political and economic co-operation in the Balkans, thus ensuring stability in the region for the benefit of all Balkan peoples;

8.       That Albania should become a full member of the Council of Europe as soon as it fulfils all necessary requirements, especially concerning the rule of law, the protection of human rights and the establishment of democratic institutions,

      The undersigned believe that the Assembly, when examining Albania's application for membership to the Council of Europe, should:

i.       thoroughly examine the situation of respect of human rights and institutional reforms in Albania;

ii.       investigate in depth the consequences upon the Albanian people of the existing problems of independence of the Judiciary and the application of the current Penal Code and the Code of Penal Procedure;

iii.       examine the situation of the ethnic and religious minorities in Albania, with special emphasis on the consequences to them of the application of the Minority Zones;

iv.       express its concern over these issues underlining that, all outstanding basic questions related to the protection of human and minority rights, the separation of powers, the adoption of new Codes and Constitution and the introduction of democratic institutions in general, should have been resolved before Albania's becomes a full member of the Council of Europe, in accordance with international law and standards.

Signed:

(see overleaf)

Signed:

Papandreou - Greece - SOC

Koenig - Austria - EPP

Espersen - Denmark - SOC

Lorenzi - Italy - LDR

Latronico - Italy - LDR

Kapsis - Greece - SOC

Sofoulis - Greece - SOC

Vrettos - Greece - SOC

Pavlidis - Greece - EPP

Hadjidemetriou - Cyprus - SOC

Mangakis - Greece - SOC

Aguiar - Portugal - LDR

Leitner - Hungary - EPP

Korahais - Greece - EPP

Pottakis - Greece - SOC

Fenner - United Kingdom - EDG

Malinowski - Poland - LDR

Vella - Malta - EPP

*       SOC : Socialist Group

      EPP : Group of the European People's Party

      EDG : European Democratic Group

      LDR : Liberal, Democratic and Reformers Group

      UEL : Group of the Unified European Left