Doc. 8785

28 June 2000

Conflict in the Chechen Republic - Follow-up to Recommendations 1444 (2000) and 1456 (2000) of the Parliamentary Assembly

Report

Political Affairs Committee

Rapporteur: Lord Judd, United Kingdom, Socialist Group

Summary

      The draft resolution takes note of the measures taken by the Russian Federation following Recommendations 1444 (2000) and 1456 (2000) of the Assembly, as well as of the reply from the Committee of Ministers adopted on 27 June 2000.

      Since the action so far taken by Russia still has to produce convincing and tangible results, the Assembly’s recommendations remain fully in force, and the Committee of Ministers must keep under review the respect by Russia of the membership criteria of the Council of Europe.

I.       Draft resolution

1.       The Assembly recalls its Resolution 1201 (1999) of 4 November 1999, Recommendation 1444 (2000) of 27 January 2000 and Recommendation 1456 (2000) of 6 April 2000.

2.       Recommendation 1456 (2000) called upon the Committee of Ministers to initiate without delay, in accordance with Article 8 of the Statute, the procedure for suspension of the Russian Federation from its rights of representation in the Council of Europe, should substantial, accelerating and demonstrable progress not be made immediately by Russia in respect of the requirements set out by the Assembly.

3.       The Assembly takes note of the reply by the Committee of Ministers on Tuesday 27 June recalling the action taken in connection with Recommendation 1456 (2000), in particular that:

i.       on 21 June 2000, three Council of Europe experts started their work in the Office of Mr Kalamanov, Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic, in Znamenskoye (Chechen Republic);

ii.       the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment has carried out its second visit to the North Caucasus on 20-27 April 2000;

iii.       seminars have taken place under the auspices of the Council of Europe in Pyatigorsk on “Hierarchy of rules in a federal state and methods of harmonising federal and regional legislation” (27-28 April 2000) and in Vladikavkaz on “Democracy, Rule of Law and Human Rights” (30-31 May 2000); participation included representatives of the Russian authorities, the North Caucasian Republics and other regions of the Russian Federation, concerned international organisations and non-governmental organisations. The “Temporary administration of the Chechen Republic” and some religious leaders from Chechnya also took part;

iv.       the Committee of Ministers together with the European Commission and the Russian Federation is reviewing cooperation activities with the aim of strengthening democratic stability in the North Caucasus region, including Chechnya;

v.       there has been regular contact between the Irish Chairman-in-Office and the Russian Foreign Minister; the Italian Chairman-in-Office and the Secretary General visited Moscow and the North Caucasus region on 22 – 24 June 2000.

4.       In addition, the Assembly takes note of:

i.       President Putin’s undertaking on 13 April 2000 to investigate all human rights abuses committed in the North Caucasus region, whoever committed them, and to bring to justice those found guilty; as well as a similar undertaking by the State Duma on 12 April 2000;

ii.       the establishment by Russia of human rights machinery, including:

a. the “State Duma interfactional Commission on normalisation of the political and socio-economic situation and ensuring human rights in the Chechen Republic”,

b. the “National Public Commission on investigating crimes and ensuring human rights in the North Caucasus” and

c. Mr Kalamanov’s Office;

iii.       the reported opening of criminal cases concerning alleged crimes committed by the Russian federal forces against the Chechen population;

iv.       arrangements which have been made with the stated intention of ensuring professional legal assistance to those suspected or accused of committing crimes on the territory of the Chechen Republic.

5.       The Assembly calls on the Secretary General of the Council of Europe and the Committee of Ministers to keep it fully and regularly informed on reports by the Council of Europe’s experts working with Mr Kalamanov’s office.

6.       The Assembly further takes note of President Putin’s decree on 8 June 2000 establishing a “provisional system of executive bodies in the Chechen Republic” under his direct rule. It deeply regrets the decision of the Russian government to impose appointed representatives on the Chechen population instead of seeking political dialogue.

7.       The Assembly also takes note that in an analysis by experts in international human rights law commissioned by the Council of Europe Secretary General on the manner in which the Russian Federation’s internal law ensures the effective implementation of the European Convention on Human Rights it is stated that replies by Mr Ivanov, Russian Minister of Foreign Affairs, to enquiries by the Secretary General were not adequate and that the Russian Federation failed in its legal obligation as a Contracting State under Article 52 of the Convention.

8.       The Assembly believes that Russia’s part in the management of European and world affairs is vitally important. However the Assembly reiterates that the Council of Europe is about the enhancement of human rights or it is about nothing and that therefore membership must entail a constant, demonstrable determination, reflected in action, to uphold human rights; the Assembly believes that it is a primary responsibility of both the Committee of Ministers and the Assembly itself to ensure the application of this commitment.

9.       The Assembly stresses that its first preoccupation is to ensure that Russia fully respects her obligations as a Council of Europe member state, however great the undeniable provocation and whatever the totally unacceptable acts of terrorism and kidnappings by elements within Chechnya. It is only by the fulfilment of this condition that it will be possible to assist her in the re-establishment of the full respect of state of law and human rights in the Chechen Republic.

10.       The Assembly expresses its readiness to co-operate with the competent Russian parliamentary bodies in order to ensure the full respect of the Council of Europe’s standards in the Chechen Republic.

11.       In furtherance of paragraph 10 above, the Assembly instructs its Bureau to establish an ad hoc Committee composed of representatives of the political groups and rapporteurs of the competent committees in order to monitor the follow-up to Recommendations 1444 and 1456 (2000) and to report back to it and to the competent committees on progress or the lack of it. Initially the Bureau should ensure the participation of this ad hoc Committee in the parliamentary hearing on the situation in the Chechen Republic to be organised by the State Duma in September 2000.

12.       The Assembly believes it to be totally unacceptable that the Committee of Ministers has neither denounced Russia’s conduct of its military campaign in the Chechen Republic and the resulting grave human rights violations as contrary to the Council of Europe’s principles, nor seriously considered the implications for Russian membership of the Council of Europe.

13.       Since the Assembly considers that the action so far taken by Russia still has to produce convincing and tangible results, the Assembly’s recommendations to the Russian Federation must remain fully in force, and, pending accelerating progress, the Assembly repeats its calls for the Committee of Ministers to keep under review the eligibility of the Russian Federation for continued membership of the Council of Europe.

14.        The Assembly also deeply regrets that none of the Council of Europe’s governments – high contracting parties to the European Convention on Human Rights – have yet made use of Article 33 of the European Convention on Human Rights and referred to the European Court of Human Rights alleged breaches by the Russian Federation of the provisions of the Convention and its Protocol.

II.       Explanatory memorandum by the Rapporteur

1.       The Committee of Ministers adopted its reply to the Recommendation 1456 (2000) on Tuesday 27 June 2000. This reply has been reproduced as an Assembly Document (Doc. 8783)

2.       In preparing the draft resolution, I have taken into consideration:

Reporting committee: Political Affairs Committee

Reference to committee: Ref. No. 2470 (request for urgent procedure on 24.1.00), Res 1201 (1999), Rec. 1444, Doc. 8631, Rec. 1456 (2000)

Budgetary implications for the Assembly: none

Draft resolution unanimously adopted by the committee on 28 June 2000

Members of the committee : Mr Davis (Chairman), Mrs Ojuland (Vice-Chairperson), Mr Toshev (Vice-Chairman), MM Arzilli, Atkinson, Mrs Bakoyianni, MM Bársony (alternate: Mr Eörsi), Behrendt, Bergqvist, Björck, Blaauw, Bühler, Clerfayt, Daly, Demetriou, Derycke, Dokle, Dreyfus-Schmidt, Mrs Durrieu, Mrs Feric-Vac, Mr Frey, Mrs Fyfe, MM Gjellerod, Glesener, Gligoroski, Gross, Gül, Iwinski, Mrs Kautto, MM Kirilov, Kotsonis, Krzaklewski (alternate : Mr Adamczyk), Kuzmickas, Lupu, Martinez Casan, Medeiros Ferreira, Meier, Mota Amaral, Mutman, Nedelciuc, Mrs Nemcova, MM Neuwirth, Oliynyk, Pahor, Palmitjavila Ribo, Prusak, de Puig, Mrs Ragnarsdottir, MM Rogozin, Saakashvili (alternate : Mr Baramidze), Schieder, Schloten, Selva, Sinka, Spindelegger, Mrs Squarcialupi, Mrs Stanoiu, Mrs Stepová, MM Surjan, Thoresen, Timmermans, Vella, Volcic, Weiss, Zuiganov, N…….. (alternate: Mr  Manchulenko).

N.B. The names of the members who took part in the meeting are printed in italics

Secretaries of the committee: Mr Perin, Mrs Ruotanen, Mr Sich, Mrs Hügel