Caption: AdoptedRejectedWithdrawnNo electronic votes
30 September 2015
Tabled by Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr Volodymyr ARIEV, Mr Emanuelis ZINGERIS, Mr Zsolt NÉMETH, Ms Elena CENTEMERO, Mr Giuseppe GALATI, Mr Hans FRANKEN, Mr Valeriu GHILETCHI, Sir Christopher CHOPE, Ms Chiora TAKTAKISHVILI, Ms Olena SOTNYK, Ms Kristýna ZELIENKOVÁ, Mr Eerik-Niiles KROSS
Votes: 66 in favor 14 against 6 abstentions
In the draft resolution, paragraph 7.1, after the words "Russian Federation", insert the following words: ", and certain cases of UNM leaders in Georgia, such as former prime minister Merabishvili".
Explanatory note
On 17 December 2013, former Prime Minister Vano Merabishvili who was placed in pre-trial detention in May that year stated that he was illegally taken out from his detention cell and personally threatened by then Prosecutor-General Otar Partskhaladze to testify against President Mikheil Saakashvili.
30 September 2015
Tabled by Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Guguli MAGRADZE, Ms Valentina BULIGA, Sir Alan MEALE, Mr David CRAUSBY, Mr Zviad KVATCHANTIRADZE, Lord John E. TOMLINSON, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Süreyya Sadi BİLGİÇ
If adopted, amendment 11 falls.
Votes: 21 in favor 57 against 10 abstentions
In the draft resolution, paragraph 7.2, delete the following words: "(for example certain cases of United National Movement (UNM) leaders in Georgia)".
Explanatory note
After the election in 2012, the number of pre-trial detentions considerably decreased. Pre-trial detention is used only as an exception and utmost measure. Investigations involving former governmental officials started, inter alia, considering the recommendations of different international intergovernmental and nongovernmental organisations, including institutions of the Council of Europe.
30 September 2015
Tabled by Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr Volodymyr ARIEV, Mr Emanuelis ZINGERIS, Mr Zsolt NÉMETH, Mr Giuseppe GALATI, Mr Hans FRANKEN, Mr Valeriu GHILETCHI, Ms Chiora TAKTAKISHVILI, Ms Olena SOTNYK, Ms Kristýna ZELIENKOVÁ
Falls if amendment 5 is adopted.
In the draft resolution, paragraph 7.2, replace the words "certain cases" with the following words: "the majority of the cases".
30 September 2015
Tabled by Mr Şaban DİŞLİ, Mr Süreyya Sadi BİLGİÇ, Ms Tülin ERKAL KARA, Mr Ahmet Berat ÇONKAR, Mr Reha DENEMEÇ, Mr Ali ŞAHİN, Mr Suat ÖNAL
Votes: 8 in favor 77 against 2 abstentions
In the draft resolution, paragraph 7.5, delete the following words: "the case in Turkey of a 16-year-old placed in pretrial detention for allegedly insulting the President via social media,"
Explanatory note
"Insulting the President" is a crime under Turkish law. The 16-year-old student in question was arrested accordingly and released within 2 days. Courts decide on a case-by-case basis and by evaluating all the factors. Therefore, independent judicial procedures cannot be considered as a tool to "silence critical voices".
30 September 2015
Tabled by Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Guguli MAGRADZE, Ms Valentina BULIGA, Sir Alan MEALE, Mr David CRAUSBY, Mr Zviad KVATCHANTIRADZE, Lord John E. TOMLINSON, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Süreyya Sadi BİLGİÇ
Votes: 18 in favor 68 against 6 abstentions
In the draft resolution, at the end of paragraph 9, add the following sentence: "In Georgia, pre-trial detention has also been notably reduced in the last two years due to recent judicial reforms."
Explanatory note
According to official statistics, since the 2012 elections, the number of prisoners has decreased by 60%. In 2014, pre-trial detention was used in 32.3% of cases and alternative preliminary measures in 67.7% of cases.
30 September 2015
Tabled by Mr Şaban DİŞLİ, Mr Süreyya Sadi BİLGİÇ, Ms Tülin ERKAL KARA, Mr Ahmet Berat ÇONKAR, Mr Reha DENEMEÇ, Mr Ali ŞAHİN, Mr Suat ÖNAL
In the draft resolution, paragraph 10, delete the word ", Turkey".
Explanatory note
This paragraph acknowledges Turkey's success in reducing the number of pretrial detainees and improving the treatment of detainees. Figures relating to pretrial detention are inaccurate and must be updated. Mentioning Turkey in this context requires strong and concrete evidence beyond questionable newspaper articles and statements of the parties to a few trials.
30 September 2015
Tabled by Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Guguli MAGRADZE, Ms Valentina BULIGA, Sir Alan MEALE, Mr David CRAUSBY, Mr Zviad KVATCHANTIRADZE, Lord John E. TOMLINSON, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Süreyya Sadi BİLGİÇ
Votes: 15 in favor 65 against 13 abstentions
In the draft resolution, paragraph 11.4, delete the word "Georgia,".
Explanatory note
The rapporteur does not mention any fact or evidence to support this statement. According to the piece of legislation adopted in 2015, a judge is obliged by his/her own initiative to review every two months, the issue of legitimacy of detention of a person being held in pre-trial detention.
30 September 2015
Tabled by Mr Şaban DİŞLİ, Mr Süreyya Sadi BİLGİÇ, Ms Tülin ERKAL KARA, Mr Ahmet Berat ÇONKAR, Mr Reha DENEMEÇ, Mr Ali ŞAHİN, Mr Suat ÖNAL
Votes: 7 in favor 80 against 7 abstentions
In the draft resolution, paragraph 11.4, delete the words "and Turkey."
Explanatory note
It is alleged that in Turkey, "forum shopping" by the prosecution is possible. No authority has the right to give orders or instructions to the courts in Turkey. The decisions of courts are also open to judicial review. The reference to Turkey without facts impairs the accuracy of the report.
30 September 2015
Tabled by Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Guguli MAGRADZE, Ms Valentina BULIGA, Sir Alan MEALE, Mr David CRAUSBY, Mr Zviad KVATCHANTIRADZE, Lord John E. TOMLINSON, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Süreyya Sadi BİLGİÇ
If adopted, amendment 12 falls.
Votes: 16 in favor 74 against 6 abstentions
In the draft resolution, paragraph 11.5, delete the words "(for example in Georgia)".
Explanatory note
Decisions on pre-trial detention are made only by the Court and not the Prosecutor's Office. The independence of the judiciary has significantly increased, where the use of pre-trial detentions has shrunk since 2012. On 16 September 2015, the Constitutional Court limited pre-trial detention to a maximum period of 9 months.
30 September 2015
Tabled by Sir Christopher CHOPE, Mr Aleksandar NIKOLOSKI, Mr Volodymyr ARIEV, Mr Andres HERKEL, Mr Emanuelis ZINGERIS, Mr Zsolt NÉMETH, Mr Giuseppe GALATI, Mr Hans FRANKEN, Mr Valeriu GHILETCHI, Ms Chiora TAKTAKISHVILI, Ms Olena SOTNYK, Mr Giorgi KANDELAKI, Ms Kristýna ZELIENKOVÁ, Mr Eerik-Niiles KROSS
Falls if amendment 8 is adopted.
Votes: 65 in favor 20 against 7 abstentions
In the draft resolution, paragraph 11.5, replace the words "in Georgia", with the following words: "in cases of UNM leaders Mr Ugulava and Mr Akhalaia in Georgia. In the case of Mr Ugulava, the Constitutional Court of Georgia ruled his 15 month pre-trial detention term was anti-constitutional and illegal".
Explanatory note
Mr Ugulava, UMN leader, was re-arrested 24 hours after his release after one of the cases against him was accelerated, despite the constitutional court ruling that his extended pre-trial detention was illegal. The chairman of the European Parliament Foreign Affairs Committee called this a "violation of the EU-Georgia Association Agreement".
30 September 2015
Tabled by Mr Şaban DİŞLİ, Mr Süreyya Sadi BİLGİÇ, Ms Tülin ERKAL KARA, Mr Ahmet Berat ÇONKAR, Mr Reha DENEMEÇ, Mr Ali ŞAHİN, Mr Suat ÖNAL
In the draft resolution, paragraph 12.2, delete the word ", Turkey".
Explanatory note
Claims against Turkey in the report are built on unsubstantiated allegations, rumours, prejudiced comments and manipulated information. In order to maintain the credibility, objectivity as well as the quality of the report and the draft resolution, we recommand not mentioning Turkey as a State abusing pretrial detention.
30 September 2015
Tabled by Ms Manana KOBAKHIDZE, Ms Eka BESELIA, Ms Valentina BULIGA, Ms Guguli MAGRADZE, Sir Alan MEALE, Mr David CRAUSBY, Mr Zviad KVATCHANTIRADZE, Lord John E. TOMLINSON, Lord Donald ANDERSON, Mr Ali ŞAHİN, Mr Ahmet Berat ÇONKAR, Mr Süreyya Sadi BİLGİÇ
If adopted, amendment 13 falls.
Votes: 17 in favor 80 against 9 abstentions
In the draft resolution, replace paragraph 12.2.2 with the following paragraph:
"use pre-trial detention only in compliance with Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and with the standards established by the European Court of Human Rights."
Explanatory note
PACE has no competence to interfere in the jurisdiction of domestic courts and call for the release of detainees in this way. Even the European Court only makes such appeals in exceptional cases. If the current paragraph formulation remains, PACE would violate the principle of independence of the judiciary.
30 September 2015
Tabled by Mr Giorgi KANDELAKI, Mr Aleksandar NIKOLOSKI, Mr Volodymyr ARIEV, Mr Andres HERKEL, Mr Emanuelis ZINGERIS, Mr Zsolt NÉMETH, Mr Giuseppe GALATI, Mr Hans FRANKEN, Mr Valeriu GHILETCHI, Sir Christopher CHOPE, Ms Chiora TAKTAKISHVILI, Ms Olena SOTNYK, Ms Kristýna ZELIENKOVÁ
Falls if amendment 9 is adopted.
Votes: 80 in favor 18 against 7 abstentions
In the draft resolution, at the end of paragraph 12.2.2, insert the following words: "or under any abusive procedure (set out in paragraphs 11.4-11.5)".