Doc. 9334

31 January 2002

Conviction of Grigory Pasko

Motion for a resolution

presented by Mr Alexandre Shishlov and others

      The Parliamentary Assembly of the Council of Europe,

Having regard to the European Convention on Human Rights and the jurispudence of the European Court on Human Rights particularly related to Articles 6 (1), 6 (2), 7 and 10 of the Convention and also Articles 15 (3), 15 (4), 29 (4), 42, 49 and 50 (2) of the Russian Constitution;

Pointing out that the conviction of the Russian military journalist Grigory Pasko, who on 25 December 2001 was taken into custody and sentenced to four years for treason through espionage for having been in the possession of notes that allegedly contained state secrets, seems to involve several possible violations of the standards drawn up in the European Convention on Human Rights;

Noting that Amnesty International, that has monitored the case closely, has adopted Pasko as a prisoner of conscience and said that the prosecution of him appears to be "motivated by a political reprisal for exposing the practice of dumping nuclear waste", and expressed serious concerns about the fairness of the trial;

Noting that the judicial basis of the conviction seems to be the secret decree 055/96 of the Russian Ministry of Defence, which has not been registered and published in acordance with Russian legislation and thus, according to a recent Russian Supreme Court ruling is an invalid and illegal normative act;

Understanding the importance of this case to the development of the rule of law in Russia,

1.       urges the Russian Supreme Court to release Grigory Pasko from custody awaiting the hearing of his appeal in the Military Collegium of the Russian Supreme Court, and to ensure that his appeal is heard within a short time, and handled in accordance with the general principles of the rule of law which Russia is obliged to respect under the European Convention and the Russian Constitution,

2.       instructs its Committee on Legal Affairs and Human Rights to folow closely Grigory Pasko's case and to report to the Assembly at the next part-session.

Signed (see overleaf)

Signed : ¹

Shishlov, Russia, LDR

Bindig, Germany, SOC

Blaauw, Netherlands, LDR

Eörsi, Hungary, LDR

Holovaty, Ukraine, LDR

Jansson, Finland, LDR

Jurgens, Netherlands, SOC

Kovalev, Russia, LDR

Lippelt, Germany, LDR

Ojuland, Estonia, LDR

Olekas, Lithuania, SOC

Stankevic, Lithuania, LDR

Yarygina, Russia, LDR

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