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Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation

Doc. 14922: collection of written amendments | Doc. 14922 | 26/06/2019 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly takes note of the presentation of credentials by the Russian Federation, after adoption of Resolution 2277 (2019) and Recommendation 2153 (2019) “Role and mission of the Parliamentary Assembly: main challenges for the future”, the decision of the Committee of Ministers of 18 May 2019, as well as Resolution 2287 (2019) “Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting”.
2On 25 June 2019, the still unratified credentials of the Russian delegation were challenged on the basis of Rules 8.1 and 8.2 of the Rules of Procedure of the Assembly on the grounds that the military aggression by the Russian Federation in Eastern Ukraine, as well as its continued illegal annexation of Crimea, are in contradiction with the Statute of the Council of Europe (ETS No. 1) and with country’s obligations and commitments.

In the draft resolution, after paragraph 2, insert the following paragraph:

"The Assembly reiterates its position expressed in Resolutions 1990 (2014), 2034(2015) and 2063(2015) and reaffirms the territorial integrity of Ukraine as well as Georgia in view of Resolutions 1633 (2009), 1647 (2010) and 1683 (2010). It condemns the illegal annexation of Crimea and its continuing integration into the Russian Federation, as well as the Russian Federation's involvement in the military conflict in eastern Ukraine."

26 June 2019

Tabled by Ms Marija GOLUBEVA, Ms Dana REIZNIECE-OZOLA, Mr Boriss CILEVIČS, Ms Linda OZOLA, Mr Volodymyr ARIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii SOBOLIEV, Mr Viktor IELENSKYI

Falls if amendment 6 is adopted.

Votes: 71 in favor 117 against 8 abstentions

In the draft resolution, after paragraph 2, insert the following paragraph:

"The Assembly reiterates its position expressed in Resolutions 1990 (2014), 2034(2015) and 2063 (2015) and reaffirms the territorial integrity of Ukraine. It condemns the illegal annexation of Crimea and its continuing integration into the Russian Federation, as well as the Russian Federation's involvement in the military conflict in eastern Ukraine."

In the draft resolution, after paragraph 2, insert the following paragraph:

"The Assembly regrets the lack of progress with regard to the implementation by the Russian Federation of the demands made by the Assembly in resolutions 1990 (2014), 2034 (2015) and 2063 (2015). It considers that the Russian Federation continues to fail in honouring its obligations and commitments with regard to its relations with neighbouring states and remains in clear breach of the European Convention on Human Rights."

3The Assembly recalls its Resolution 1990 (2014) on the reconsideration on substantive grounds of the previously ratified credentials of the Russian Federation; Resolution 2034 (2015) on the challenge, on substantive grounds, of the still unratified credentials of the delegation of the Russian Federation, and Resolution 2063 (2015) on the consideration of annulment of the previously ratified credentials of the delegation of the Russian Federation (follow-up to paragraph 16 of Resolution 2034 (2015) in which it resolutely condemned the grave violations of international law committed by the Russian Federation with regard to the conflict in eastern Ukraine and the illegal annexation of Crimea.
4The Assembly regrets the Russian Parliament’s decision to suspend co-operation with the Assembly and not to submit the credentials of its delegation at the opening of parliamentary sessions in 2016, 2017, 2018, and 2019 and following the parliamentary elections in the Russian Federation in September 2016.
5Similarly, the Assembly deplores the suspension, which has been in effect since July 2017, by the Russian Federation of the payment of its annual fees to the Council of Europe’s budget for which the Russian Federation is legally liable.
6While regretting the lack of co-operation by the Russian Federation in the framework of the Assembly’s monitoring procedure, the Assembly expresses its concern over a number of exacerbating negative tendencies with regard to democracy, the rule of law and human rights, which are having an impact on the fulfilment of other commitments and obligations of the Russian Federation.
7At the same time, it should be highlighted that the Assembly has always remained committed to dialogue as a means of reaching lasting solutions, as illustrated by the aforementioned resolutions. The Parliamentary Assembly constitutes the most important pan-European platform where political dialogue on the Russian Federation’s obligations under the Statute of the Council of Europe can take place with the participation of all those concerned and where the Russian delegation can be kept accountable on the basis of Council of Europe’s values and principles.
8The Assembly refers to its Resolution 2277 (2019) “The role and mission of the Parliamentary Assembly: main challenges for the future”, which proposed to set up, in addition to existing procedures, a joint procedure of reaction which could be initiated by either the Assembly, the Committee of Ministers or the Secretary General of the Council of Europe “in order to strengthen the Organisation’s capacity to react more effectively in situations where member State violates its statutory obligations or does not respect the standards, fundamental principles and values upheld by the Council of Europe”. In the light of the reaction of the Committee of Ministers expressed at its 129th ministerial session, the Assembly resolves to immediately start working on the establishment of such a joint mechanism which should be politically impartial and effective. It should be made operational without delay.
9Furthermore, the Assembly notes that the Committee of Ministers “having regard to the importance of the elections of the Secretary General and of judges of the European Court of Human Rights, would welcome that delegations of all member States take part in the next June part-session of the Parliamentary Assembly”, as indicated in its decision taken at 129th ministerial session.
10Consequently, the Assembly resolves to ratify the credentials of the Russian delegation.

In the draft resolution, paragraph 10, before the words "to ratify" insert the word "not".

11In return, the Assembly calls on the Russian Federation to fulfil all recommendations included in Resolutions 1990 (2014), 2034 (2015) and 2063 (2015).
12The Russian delegation must without any further delay return to co-operation with the Monitoring Committee and all other committees of the Assembly and engage in meaningful dialogue on the fulfilment of its commitments and obligations. Access of Council of Europe’s monitoring representatives should be granted.

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Georgii LOGVYNSKYI, Mr Viktor IELENSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendments 5, 14, 18, 19, 13, 11, 17, 10 falls.

Votes: 64 in favor 122 against 8 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: -the right to be appointed rapporteurs in the monitoring committee and be elected members of its bureau; -the right to take part in the Assembly's election observation missions; -the right to represent the Assembly in Council of Europe bodies, external institutions and organisations, both institutionally and on an occasional basis; -the right to speak in free debates; -the right to table motions for resolution of recommendations; -the right to table written declarations; -the right to request a debate under urgent procedure or a current affairs debate; -the right to be a condidate for the office of the President of the Assembly."

In the draft resolution, after paragraph 12, insert the following paragraph:

"In order to ensure that representatives of a country which has so plainly failed to comply with Council of Europe obligations and to fulfil its commitments shall have no possibility of representing the Organisation externally, or have the possibility to use the mechanisme and privileges of the Assembly to interfere in the internal affairs of other states, the Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: -the right to be appointed rapporteurs in the monitoring committee and be elected members of its bureau; -the right to take part in the Assembly's election observation missions; -the right to represent the Assembly in Council of Europe bodies, external institutions and organisations, both institutionally and on an occasional basis."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Viktor IELENSKYI, Mr Georgii LOGVYNSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendments 18, 19, 13, 11, 17 falls. Falls if amendments 12, 5 are adopted.

Votes: 71 in favor 118 against 4 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to be appointed rapporteurs in the monitoring committee and be elected members of its bureau; - the right to take part in the Assembly's election observation missions; - the right to represent the Assembly in Council of Europe bodies, external institutions and organisations, both institutionally and on occasional basis."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Georgii LOGVYNSKYI, Mr Viktor IELENSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendments 19, 13, 11, 10 falls. Falls if amendments 12, 5, 14 are adopted.

Votes: 65 in favor 118 against 9 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to speak in free debates; - the right to table motions for resolution of recommendation; - the right to table written declarations; - the right to be appointed rapporteur; - the right to request a debate under urgent procedure or a current affairs debate; - the right to be a candidate for the office of the President of the Assembly."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Georgii LOGVYNSKYI, Mr Viktor IELENSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendments 13, 11 falls. Falls if amendments 12, 5, 14, 18 are adopted.

Votes: 64 in favor 120 against 8 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to be appointed rapporteur; - the right to request a debate under urgent procedure or a current affairs debate; - the right to be a candidate for the office of the President of the Assembly."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Georgii LOGVYNSKYI, Mr Viktor IELENSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendments 11, 10 falls. Falls if amendments 12, 5, 14, 18, 19 are adopted.

Votes: 62 in favor 118 against 10 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to table written declarations; - the right to request a debate under urgent procedure or a current affairs debate; - the right to be a condidate for the office of the President of the Assembly."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Georgii LOGVYNSKYI, Mr Viktor IELENSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

If adopted, amendment 17 falls. Falls if amendments 12, 5, 14, 18, 19, 13 are adopted.

Votes: 67 in favor 115 against 9 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to take part in the Assembly's election observation missions; - the right to be a candidate for the office of the President of the Assembly."

26 June 2019

Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Ms Mariia IONOVA, Mr Serhii KIRAL, Mr Oleksii GONCHARENKO, Mr Viktor IELENSKYI, Mr Georgii LOGVYNSKYI, Ms Olena SOTNYK, Mr Algirdas BUTKEVIČIUS, Mr Emanuelis ZINGERIS

Falls if amendments 12, 5, 14, 11 are adopted.

Votes: 71 in favor 117 against 4 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: - the right to take part in the Assembly's election observation missions; - the right to represent the Assembly in Council of Europe bodies, external institutions and organisations, both institutionally and on occasional basis."

In the draft resolution, after paragraph 12, insert the following paragraph:

"The Assembly furthermore resolves to suspend until the 2020 January part-session the following rights of the Russian delegation: -the right to speak in free debates; -the right to table amendments; -the right to table motions for resolution or recommendations; -the right to table written declarations;"

13Furthermore, the Assembly calls on the Russian authorities to:

In the draft resolution, paragraph 13, after the words "calls on the Russian authorities to:" insert the following words: "- reverse the illegal annexation of Crimea; - de-occupy temporarily occupied territories in Denetsk and Luhansk regions; - immediately execute the order of the European Court of Human Rights on Edem Bekirov; - release all Ukrainian citizens detained as political prisoners;"

In the draft resolution, paragraph 13, after the words "calls on the Russian authorities to:" insert the following words: "- immediately execute the order of the European Court of Human Rights on Edem Bekirov; - release all Ukrainian citizens detained as political prisoners;"

13.1release the 24 Ukrainian sailors captured in the Kerch Strait on the charge of “illegally crossing the border of the Russian Federation”;
13.2immediately pay all fees due to the Council of Europe budget;
13.3unconditionally and fully co-operate with the joint investigation team and the Dutch prosecution service in bringing these responsible for the downing of Malaysia Airlines Flight MH 17 to justice;
13.4take effective measures aimed at preventing violations of human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, in particular in the Chechen Republic, and prosecute the perpetrators for acts committed in the past;
13.5co-operate fully with the international community in the investigation of the murder of Boris Nemtsov.

In the draft resolution, after paragraph 13.5, insert the following paragraph:

"co-operate fully with all human rights monitoring agencies, including enabling their complete and unfettered direct access to all locations in which Russia has operational activities."

26 June 2019

Tabled by Ms Olena SOTNYK, Mr Georgii LOGVYNSKYI, Mr Serhii KIRAL, Mr Serhii SOBOLIEV, Mr Leonid YEMETS, Mr Emanuelis ZINGERIS

Votes: 90 in favor 91 against 13 abstentions

In the draft resolution, after paragraph 13.5, insert the following paragraph:

"abolish legal norms allowing the Constitutional Court of Russian Federation not to execute the decisions of the European Court of Human Rights."

In the draft resolution, before paragraph 14, insert the following paragraph:

"The Assembly resolves to annul the credentials of the Russian Federation at its 2019 October part-session if no progress is made with regard to the implementation of demands of the Assembly expressed in paragraph [13] of this Resolution."

Explanatory note

Paragraph [13] may be renumbered but refers to the paragraph which starts with the wording “Furthermore, the Assembly calls on the Russian authorities to:”

14The Assembly expects that its clear offer of dialogue will be reciprocal and will lead to concrete results. It invites its Monitoring Committee to present a report on the honouring of obligations and commitments by the Russian Federation at its earliest convenience but no later than the April 2020 part-session