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Progress of the Assembly’s monitoring procedure (January-December 2020)

Doc. 15211: compendium of written amendments | Doc. 15211 | 28/01/2021 | Final version

Compendium index

Amendment 1 Amendment 17 Amendment 2 Amendment 4 Amendment 13 Amendment 14 Amendment 18 Amendment 16 Amendment 7 Amendment 3 Amendment 5 Amendment 19 Amendment 15 Amendment 12 Amendment 6 Amendment 10 Amendment 11 Amendment 9 Amendment 8

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly acknowledges the work carried out by the Committee on the Honouring of Obligations and Commitments by Member States of the Council Of Europe (Monitoring Committee) in fulfilling its mandate as defined in Resolution 1115 (1997) (modified) on the “Setting up of an Assembly committee on the honouring of obligations and commitments by member states of the Council of Europe (Monitoring Committee)”. In particular it welcomes the committee’s work in accompanying the 11 countries under a monitoring procedure stricto sensu (Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, the Republic of Moldova, Poland, the Russian Federation, Serbia, Turkey and Ukraine), and the 3 countries engaged in a post-monitoring dialogue (Bulgaria, Montenegro and North Macedonia) in their efforts to fully comply with the obligations and commitments they entered into upon accession to the Council of Europe, as well as the monitoring of the membership obligations of all other member States through its periodic review process. It recalls that, on 28 January 2020, on the basis of a report presented by the Monitoring Committee, the Assembly adopted Resolution 2316 (2020) on “The functioning of democratic institutions in Poland” in which it decided to open a full monitoring procedure in respect of Poland.
2The Assembly is aware that the exceptional circumstances caused by the pandemic crisis have affected the monitoring process in 2020 by preventing co-rapporteurs from conducting visits to the countries under their responsibility and maintaining direct political dialogue with stakeholders. Moreover, due to the absence of plenary sessions which are a necessary pre-condition for an in-depth and balanced political debate on regular monitoring reports, no monitoring reports have been prepared under ordinary procedure.
3It should be commended that despite objective constraints imposed on their work, monitoring co-rapporteurs have closely followed developments in their respective countries using all available means including videoconferences with a view to keeping abreast of developments in the countries under their responsibility as illustrated by numerous public statements they have made over the reference period.
4In response to the new crackdown on political opposition and civil dissent in Turkey, the Monitoring Committee prepared a report under urgent procedure which was the basis of the Assembly resolution addressing challenges and shortcomings ranging from restrictions of election rights to the weakening of the rule of law or limited freedom of expression and media freedom in Turkey.
5The Monitoring Committee followed the developments regarding the military hostilities which broke out on 27 September 2020 in the Nagorno Karabakh region between Armenia and Azerbaijan. It initiated a current affairs debate on the subject, organised exchanges of views with the participation of parliamentarians from both sides and monitoring rapporteurs on Armenia and Azerbaijan issued statements calling for the peaceful resolution of the conflict.
6The Assembly welcomes the adoption and publication by the Monitoring Committee of internal working methods for the selection of countries for periodic review reports thus ensuring an impartial and fully transparent selection process.
7The Monitoring Committee contributed to the debate on the Covid-19 pandemic which was organised at the Enlarged Standing Committee meeting on 13 October 2020, by preparing an opinion on the report of the Committee on Political Affairs and Democracy on “Democracies facing the Covid-19 pandemic”.
8The Assembly welcomes the positive developments and the progress made during the reporting period in a number of countries under a monitoring procedure or engaged in a post-monitoring dialogue, in particular in:
8.1Albania: the agreement between all political stakeholders on electoral reform and the will expressed by the authorities to address, in line with European standards, the serious shortcomings noted in the draft amendments to the Law on Audiovisual Media Service;
8.2Armenia: progress in the fight against corruption reflected by the improvement in the ranking established by the NGO Transparency International, from 105 to 77 out of 177 countries; the adoption of the 2020-2022 strategy to reform police forces, which foresees creating a new Ministry of Interior responsible for law enforcement agencies; the declared intention of the Armenian National Assembly to increase the transparency of political financing, and the ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201, Lanzarote Convention);
8.3Azerbaijan: the acquittal of Mr Ilgar Mammadov and Mr Rasul Jafarov in April 2020 while regretting that it had not been done within the deadline for the implementation of the European Court of Human Rights judgment; the release, on humanitarian grounds of 176 prisoners aged over 65 in need of special care due to their age and state of health, including two prisoners, convicted following the 2015 Nardaran events in unfair trials which raised concerns in the international community, in the context of the Covid-19 pandemic, thus addressing concerns expressed by the Council of Europe Commissioner on Human Rights with regard to the protection of the human rights and health of people detained in prisons in Council of Europe member States during the sanitary crisis;
8.4Bosnia and Herzegovina: the return of a Bosnian delegation to the Assembly in 2020, after a full year of absence, due to the inability of political forces to reach an agreement on the formation of a government at the State-level; the holding of postponed local elections on 15 November 2020 and the political agreement signed in June 2020 that allowed local elections to be held in Mostar on 20 December for the first time since 2008, a requirement made both by the European Court of Human Rights in its Baralija judgment and by the Assembly in its Resolution 2201 (2018) “The honouring of obligations and commitments by Bosnia and Herzegovina”;
8.5Bulgaria: the declared will of the authorities to reform the Constitution with a view to efficiently fighting corruption and ensuring the independence of the judiciary and the rule of law as well as its hitherto co-operation with the European Commission for Democracy through Law (Venice Commission) in this respect;

25 January 2021

Tabled by Ms Milena DAMYANOVA, Mr Dimitar GLAVCHEV, Mr Nikolay ALEKSANDROV, Ms Ivelina VASSILEVA, Mr Krasimir BOGDANOV

In the draft resolution, at the end of paragraph 8.5, insert the following words:

", linking the register of ownership of electronic media with the national trade register and the register of non-profit legal entities; the introduction of machine voting in elections; adoption of the legal provisions for videoconferencing trial in the Courts in the civil and administrative proceedings and increase of the opportunities for videoconferencing during criminal trial; establishment of unified electronic information system for the Courts and a single portal for electronic justice; adoption of the legal provisions for the activities in Bulgaria of a European Public Prosecutor's office and the activities of European prosecutors and European Delegated Prosecutors in accordance with Regulation (EC) 2017/1939 of the Council, arrests and trials against acting members of Government and members of Parliament."

8.6Georgia: the political agreement of March 2020 between all political stakeholders on a more proportional election system, which can contribute to a more pluralist and representative composition of the Georgian Parliament;
8.7Republic of Moldova: the continuous co-operation of the Moldovan authorities with the Council of Europe and the smooth organisation of the presidential election despite a polarised environment and the challenging sanitary context. The Assembly takes notes of the election, on 15 November 2020, of Maia Sandu, the first woman to become President of the Republic of Moldova – with a clear majority of votes;
8.8Montenegro: the peaceful shift of power following the general elections that took place in August, which constitutes a major political change since the independence, and was made possible thanks to the responsible attitudes shown by both the new majority and the new opposition in the aftermath of the elections;
8.9North Macedonia: the ability of the four main political parties, despite their diverging views and different ethnic backgrounds, to build consensus in order to postpone the date of the early parliamentary elections (to 15 July) given the Covid-19 pandemic and allow the parliament to fulfil its legislative functions; the revision of the much awaited Law on the Public Prosecutor's Office, aimed at providing a sustainable solution for the cases of the Special Prosecutor for Crimes Related to and Arising from the Content of the Illegal Interception of Communications; the noticeable efforts made by the authorities to revise the legislative frameworks to fight corruption, while expecting a consistent practical application of these new rules;
8.10Poland: the efforts of all political actors to organise democratic elections despite the Covid-19 pandemic and the, albeit belated, agreement between the stakeholders on the postponement of these elections, including the new dates and the conditions for their organisation under pandemic conditions;
8.11the Russian Federation: the role played in peace brokering over the Nagorno-Karabakh conflict,
8.12Serbia: the resumption of the EU-facilitated Belgrade-Pristina dialog after a 20-month halt and the establishment of a mini-Schengen zone to increase co-operation with Albania and North Macedonia;
8.13Turkey: the intention expressed by the Turkish authorities to expand freedom of expression while preparing the Human Rights Action Plan and the continuous dialogue and co-operation established with the Council of Europe;
8.14Ukraine: the efforts by the Ukrainian authorities to establish and ensure the functioning of the institutions to fight corruption in the country as well as the cease-fire agreement between the Ukrainian military forces and the illegally armed formations in certain areas of Donetsk and Luhansk, which has led to tangible disengagement along the contact line.

25 January 2021

Tabled by Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Serhii KALCHENKO, Mr Yuriy KAMELCHUK, Ms Olena KHOMENKO, Ms Yevheniia KRAVCHUK, Mr Oleksandr MEREZHKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yuliia OVCHYNNYKOVA, Mr Rustem UMEROV, Ms Lesia VASYLENKO, Ms Yelyzaveta YASKO, Mr Oleksii GONCHARENKO

Votes: 58 in favor 21 against 15 abstentions

In the draft resolution, paragraph 8.14, replace the words "between the Ukrainian military forces and the illegally armed formations in certain areas of Donetsk and Luhansk, which has led to tangible disengagement along the contact line” with the following words:

“following the agreement of the Trilateral Contact Group dated July 27, 2020, which enacted additional measures to strengthen the regime of a full and comprehensive ceasefire”

9At the same time, the Assembly expresses its concern about developments and remaining shortcomings in a number of countries under a monitoring procedure or engaged in a post-monitoring dialogue, and in particular:
9.1Albania: the delays in establishing a functional Constitutional Court as well as the ongoing deep political polarisation in the country;
9.2Armenia: the violence that erupted following the signature of the trilateral statement between Armenia, Azerbaijan and Russia on 9 November 2020, which resulted in the storming of institutional buildings and in physical aggression against the President of the National Assembly, that left him hospitalised; the rapid changes in the composition of the Constitutional Court without the opinion of the Venice Commission being fully taken into account;
9.3Azerbaijan: reports of large-scale repression of government opponents and restrictions on freedom of expression, including internet access, under the pretext of safety measures against the Covid-19 pandemic, other outstanding concerns including, inter alia, lack of independence of justice, lack of pluralism, violation of the rule of law and human rights, as well as restrictions put on freedoms of assembly, association, expression, and religion;
9.4Bosnia and Herzegovina: the continuing verbal attacks against the General Framework Agreement, including threats to declare self-determination by the Republika Srpska; continuous rhetoric questioning the legitimacy of some State-level institutions established under the General Framework Agreement, including the refusal to implement judgements issued by State-level courts; the lack of any progress with regard to the implementation of the Sedjić and Finci judgment; the lack of any progress with regard to the implementation of the recommendations made by the European Union’s group of experts in the 2019 Priebe report; the lack of any improvement in the field of freedom of expression and in the field of freedom of peaceful assembly in relation to the “Justice for David” movement; the absence of progress in terms of transitional justice and reconciliation;
9.5Bulgaria: no substantial progress in the main outstanding areas of concern including high-level corruption and media freedom;

25 January 2021

Tabled by Ms Milena DAMYANOVA, Mr Dimitar GLAVCHEV, Mr Nikolay ALEKSANDROV, Ms Ivelina VASSILEVA, Mr Krasimir BOGDANOV

In the draft resolution, replace paragraph 9.5 with the following words:

"Bulgaria: further issues related to the recommendations of the Assembly in Resolution 2296 (2019) remain to be resolved;"

9.6Georgia: the shortcomings noted during the last parliamentary elections while deeply regretting the decision of opposition parties to boycott the newly elected parliament;
9.7Republic of Moldova: the slow pace of the reform of the judiciary, and slow progress in the fight against corruption, in particular insufficient progress made in the field of corruption prevention in respect of members of parliament, judges and prosecutors, and, in this context, political migration of members of parliament which triggered political instability, notwithstanding allegations of political corruption;
9.8Montenegro: the limited progress achieved in the four key areas identified by Resolution 2030 (2015): the independence of the judiciary, trust in the electoral process, the situation of the media and the fight against corruption; the re-appointment of presidents of courts for more than the two-terms limit set by the Constitution and the law; the failure to revise the electoral framework before the general elections; no progress with regard to the composition and independence of the Judicial Council, nor in reviewing the disciplinary framework for judges; no substantial progress in the reform of the funding of political parties and electoral campaigns; no improvement in the situation of journalists;
9.9North Macedonia: the situation of the media which remains unchanged, in particular issues such as the financial sustainability of independent media, self-regulation, transparency of media advertising by state institutions, political parties and public enterprises, and the public service broadcaster’s independence;
9.10Poland: the refusal of the Polish authorities to execute judgements of its domestic courts and of the Court of Justice of the European Union which they do not like, contrary to its international obligations including to the Council of Europe;
9.11Russian Federation: a number of outstanding concerns, including, inter alia, lack of pluralism, independence of the judiciary, restrictive environment for activities of political extra-parliamentary opposition, civil society, human rights activists and journalists, restrictions on freedom of expression, assembly, association and religion as well as a number of problematic laws including the Foreign Agents Law, the Law on Undesirable Organisations or anti-extremist legislation; the lack of progress with regard to implementing the demands of the international community with regard to Eastern Ukraine, Crimea, the occupied Georgian regions of South Ossetia and Abkhazia and the Transnistrian region of the Republic of Moldova;

25 January 2021

Tabled by Mr Leonid KALASHNIKOV, Ms Irina RUKAVISHNIKOVA, Mr Leonid SLUTSKIY, Mr Sergey FABRICHNYY, Mr Alexander BASHKIN, Mr Sergey KISLYAK

If adopted, amendments 13, 14, 16, 18 falls.

In the draft resolution, delete paragraph 9.11.

Explanatory note

The listed "concerns" are of a prejudiced and politically charged nature.

25 January 2021

Tabled by Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Mr Serhii KALCHENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Dmytro NATALUKHA, Ms Yelyzaveta YASKO, Ms Yuliia OVCHYNNYKOVA, Ms Lesia VASYLENKO, Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Yuriy KAMELCHUK

Falls if amendment 4 is adopted.

Votes: 69 in favor 18 against 16 abstentions

In the draft resolution, paragraph 9.11, after the words "the Law on Undesirable Organisations or anti-extremist legislation;" insert the following words:

"ratification of amendments to the Constitution of the Russian Federation that introduce major restrictions on application of international law and implementation of the ECHR decisions;"

25 January 2021

Tabled by Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Dmytro NATALUKHA, Ms Yelyzaveta YASKO, Ms Yuliia OVCHYNNYKOVA, Ms Lesia VASYLENKO, Mr Serhii SOBOLIEV, Ms Maryna BARDINA

If adopted, amendment 18 falls. Falls if amendment 4 is adopted.

Votes: 44 in favor 45 against 21 abstentions

In the draft resolution, paragraph 9.11, replace the words "the lack of progress with regard to implementing the demands of the international community with regard to Eastern Ukraine, Crimea" with the following words:

"the lack of progress on implementing the demand of the international community with regard to temporarily occupied territories in Donetsk and Luhansk regions and illegally annexed Crimea"

25 January 2021

Tabled by Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Serhii KALCHENKO, Mr Yuriy KAMELCHUK, Ms Olena KHOMENKO, Ms Yevheniia KRAVCHUK, Mr Oleksandr MEREZHKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yuliia OVCHYNNYKOVA, Mr Rustem UMEROV, Ms Lesia VASYLENKO, Ms Yelyzaveta YASKO, Ms Lesia ZABURANNA, Mr Oleksii GONCHARENKO

Falls if amendments 4, 14 are adopted.

In the draft resolution, paragraph 9.11, replace the words "with regard to Eastern Ukraine, Crimea" with the following words:

“with regard to temporarily occupied certain areas of Donetsk and Luhansk regions and Crimea”

25 January 2021

Tabled by Mr Kakhaber KUTCHAVA, Ms Mariam KVRIVISHVILI, Mr Givi MIKANADZE, Mr Irakli CHIKOVANI, Ms Tamar TALIASHVILI

Falls if amendment 4 is adopted.

Votes: 70 in favor 20 against 22 abstentions

In the draft resolution, paragraph 9.11, replace the words: "South Ossetia and Abkhazia" with the following words:

"Abkhazia and Tskhinvali region/South Ossetia"

Explanatory note

The use of correct terminology is decisive to counter Russia's propagandistic narrative in violation of Georgia's sovereignty and territorial integrity. The practice of using the abovementioned term is widely established in the international community and is considered to be the standard in the language of reports/resolutions/decisions and any other documents of international organisations.

9.12Serbia: limited progress, if any, in the outstanding areas of concern; issues raised with regard to general elections held on 21 June 2020 including the boycott by several opposition political parties which resulted, despite a last-minute lowering of the electoral threshold, in the formation of a new parliament without a viable opposition (with the exception of some members from minority parties); the management of the Covid-19 pandemic in times of elections including the lifting of restrictive lockdown measures during the election campaign and their unexpected reintroduction after the repeat election of 1 July which triggered clashes with – and disproportionate use of violence by – the police; restrictions to media freedom and attacks against journalists, as well as financial investigations launched against NGOs and human rights activists;
9.13Turkey: the new crackdown on political opposition and civil dissent, the restrictions of freedom of expression and media freedom; the dismissal of mayors on alleged terror-related charges and their replacement by government-appointed trustees, the adoption of amendments to the 1969 Attorneyship law which undermine the independence of the bar associations and further deteriorate the rule of law;
9.14Ukraine: the persistent shortcomings in the reforms of the judiciary and the justice system and the still limited results in the fight against the widespread corruption in the country; the recurrent attacks on journalists.

25 January 2021

Tabled by Mr Leonid KALASHNIKOV, Ms Irina RUKAVISHNIKOVA, Mr Leonid SLUTSKIY, Mr Sergey FABRICHNYY, Mr Alexander BASHKIN, Mr Sergey KISLYAK

In the draft resolution, at the end of paragraph 9.14, insert the following words:

", systematic violation of international legal obligations to respect the linguistic rights of national minorities in connection with the adoption and implementation of the laws of Ukraine: "On education", "On ensuring the functioning of the Ukrainian language as the state language", "About complete general secondary education"; provoking inter-religious conflicts by the means of state intervention in the religious organizations' activities, including imposing pressure on the Ukrainian Orthodox Church; expressing support towards right-wing and neo-Nazi organizations at the governmental and municipal administration levels."

10Consequently, the Assembly urges all the countries which are under the monitoring procedure or engaged in a post-monitoring dialogue to step up their efforts to fully honour their membership obligations and accession commitments to the Council of Europe. In particular, it calls on:
10.1Albania: to foster the freedom of media and to ensure that all Venice Commission recommendations concerning the amendments to the Law on Audio-visual Media are fully addressed; and calls on all political forces to fully implement the new electoral framework which will allow for the conduct of genuinely democratic elections on 25 April 2021;
10.2Armenia: to continue pursuing the democratic path it has chosen, and to solve the political crisis that followed the signature of the trilateral statement within the framework of a democratic state that respects the rule of law;
10.3Azerbaijan: to address the outstanding concerns included in past Assembly resolutions, including, inter alia, lack of pluralism, violation of the rule of law and human rights as well as the restrictions put on freedoms of assembly, association, expression, and religion; and to refrain from war rhetoric;
10.4Bosnia and Herzegovina: to refrain from any attack against the General Framework Agreement; to implement the Sedjić and Finci judgment; to implement the recommendations contained in the Priebe report; to end acts of intimidation against journalists, and to respect freedom of peaceful assembly, notably in relation to the ‘Justice for David’ movement; to engage in a genuine reconciliatory process, in the spirit of the common statement signed by the Collegial Presidency during the 25th Anniversary of the General Framework Agreement;
10.5Bulgaria: to step up its efforts in addressing outstanding concerns identified in Resolution 2296 (2019) “Post-monitoring dialogue with Bulgaria” including high level corruption, media freedom, human rights of minorities, hate speech and violence against women and to make full use of the Council of Europe’s legal expertise in the process of the adoption of a new Constitution;

25 January 2021

Tabled by Ms Milena DAMYANOVA, Mr Dimitar GLAVCHEV, Mr Nikolay ALEKSANDROV, Ms Ivelina VASSILEVA, Mr Krasimir BOGDANOV

In the draft resolution, paragraph 10.5, replace the words "to step up" with the following words:

"to continue"

10.6Georgia: to fully and transparently investigate all allegations of electoral misconduct during the October 2020 parliamentary elections; the Assembly urges all political parties to take up the seats they won in the new parliament and not to undermine its democratic functioning;
10.7the Republic of Moldova: to ensure that all political stakeholders engage in an inclusive dialogue and make the necessary political compromises to ensure the functioning of democratic institutions in line with Council of Europe standards for the benefit of all citizens; to adopt, without further delay, the expected legal and constitutional amendments, in line with the recommendations of the Venice Commission; to improve the independence, accountability and efficiency of the judiciary; to upgrade the election legislation in line with the August 2020 Venice Commission opinion, in particular to better regulate funding of election campaigns; to take meaningful action to fight corruption and conduct a thorough investigation into the 2014 bank scandal;
10.8Montenegro: all political stakeholders to demonstrate that Montenegro is not only able to manage a democratic shift of majority, but also capable of confirming its European path and complying with its obligations, notably in the four key areas determined by Resolution 2030 (2015) “The honouring of obligations and commitments by Montenegro”;
10.9North Macedonia: to pursue its efforts to strengthen the independence of the judiciary and the fight against corruption, in line with the recommendations of the Group of States against Corruption (GRECO); to launch the reforms needed to improve the situation of the media with due consultation of all stakeholders; to further implement Resolution 2304 (2019) on the “Post-monitoring dialogue with North Macedonia”, notably to increase the sustainability and functioning of democratic institutions, consolidate the electoral framework and pursue inclusive policies aiming at securing the rights of minorities;
10.10Poland: to fully implement Resolution 2316 (2020) on “The functioning of democratic institutions in Poland”, in particular regarding the independence of the judiciary and respect for the rule of law; to respect the reproductive autonomy of women and guarantee unhindered and timely access to sexual and reproductive health services;
10.11Russian Federation: to address, without further delay a number of outstanding concerns, including, inter alia, lack of pluralism, independence of the judiciary, restrictive environment for activities of political extra-parliamentary opposition, civil society, human rights activists and journalists, restrictions on freedom of expression, assembly, association and religion as well as a number of problematic laws including the Foreign Agents Law, the Law on Undesirable Organisations or anti-extremist legislation; to implement the demands of the international community with regard to Eastern Ukraine, Crimea, the occupied Georgian regions of South Ossetia and Abkhazia and the Transnistrian region of the Republic of Moldova;

25 January 2021

Tabled by Mr Leonid KALASHNIKOV, Ms Irina RUKAVISHNIKOVA, Mr Leonid SLUTSKIY, Mr Sergey FABRICHNYY, Mr Alexander BASHKIN, Mr Sergey KISLYAK

If adopted, amendments 15, 19 falls.

Votes: 26 in favor 80 against 10 abstentions

In the draft resolution, delete paragraph 10.11.

Explanatory note

The expressed requirements are biased and do not represent the obligations undertaken by the Russian Federation upon joining the Council of Europe.

25 January 2021

Tabled by Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Serhii KALCHENKO, Mr Yuriy KAMELCHUK, Ms Olena KHOMENKO, Ms Yevheniia KRAVCHUK, Mr Oleksandr MEREZHKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yuliia OVCHYNNYKOVA, Mr Rustem UMEROV, Ms Lesia VASYLENKO, Ms Yelyzaveta YASKO, Ms Lesia ZABURANNA, Mr Oleksii GONCHARENKO

If adopted, amendment 15 falls. Falls if amendment 5 is adopted.

Votes: 28 in favor 71 against 14 abstentions

In the draft resolution, paragraph 10.11, replace the words “to implement the demands of the international community with regard to Eastern Ukraine, Crimea” with the following words:

“to fully implement the Minsk agreements to which the Russian Federation is a party and to end its military intervention in, and support for, illegally armed formations in eastern Ukraine; to reverse its illegal annexation of Crimea as demanded by the Assembly, including in Assembly Resolutions 1990 (2014), 2034 (2015), 2063 (2015), 2132 (2016), 2198 (2018), 2259 (2019), 2292 (2019) and others”

Explanatory note

reference to PACE resolution 2325 (2020), para 4.9

25 January 2021

Tabled by Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Dmytro NATALUKHA, Ms Yelyzaveta YASKO, Ms Yuliia OVCHYNNYKOVA, Ms Lesia VASYLENKO, Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Yuriy KAMELCHUK

Falls if amendments 19, 5 are adopted.

Votes: 42 in favor 57 against 18 abstentions

In the draft resolution, paragraph 10.11, replace the words "to implement the demands of the international community with regard to Eastern Ukraine, Crimea," with the following words:

"to implement the demands of the international community with regard to temporarily occupied territories in Donetsk and Luhansk regions and illegally annexed Crimea,"

10.12Serbia: to foster an inclusive dialogue with all political parties in order to ensure pluralism of views when preparing the reforms expected in the framework of the monitoring procedure, in particular the revision of the Constitution to enhance independence of the judiciary; to strengthen the position and action of independent institutions; to review the election legislation on the basis of a consensus of the main political forces in order to build trust in election processes and ensure fair election conditions in the future; to improve the situation of the media, investigate attacks on journalists and create conditions allowing civil society and independent media to express critical views and ensure a sound scrutiny of public institutions leading to the necessary checks and balances in a democratic society; to take a firm stand against hate speech which nurtures hostility against journalists, human activists and political opponents;
10.13Turkey: to implement Resolution 2347 (2020) “New crackdown on political opposition and civil dissent in Turkey: urgent need to safeguard Council of Europe standards” and notably to: refrain from systematic prosecution and investigation of dissenting voices – including opposition politicians, human rights defenders, journalists, academics – and protect their fundamental freedoms; reinstate the dismissed mayors and make the expected legal changes in the election legislation, in line with the June 2020 opinion of the Venice Commission; to release Osman Kavala and implement the judgments of the European Court of Human Rights; to amend and/or ensure strict interpretation of the Anti-terror Law and the Penal Code so as to ensure that their implementation and interpretation comply with the European Convention on Human Rights (ETS No. 5), as interpreted by the European Court of Human Rights;
10.14Ukraine: to take all necessary actions to strengthen the structures necessary to fight corruption in the country, including by restoring the effective functioning of the e-declaration system and clarifying the legal status of the National Anti-Corruption Bureau of Ukraine while at the same time refraining from any actions that could have a lasting detrimental effect on the rule of law and the independence of the judiciary in Ukraine; to ensure the effective investigation of all attacks against journalists.

25 January 2021

Tabled by Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Mr Serhii KALCHENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Dmytro NATALUKHA, Ms Yelyzaveta YASKO, Ms Yuliia OVCHYNNYKOVA, Ms Lesia VASYLENKO, Mr Serhii SOBOLIEV, Ms Maryna BARDINA, Mr Yuriy KAMELCHUK

Votes: 27 in favor 72 against 14 abstentions

In the draft resolution, paragraph 10.14, delete the following words:

"restoring the effective functioning of the e-declaration system and"

25 January 2021

Tabled by Mr Leonid KALASHNIKOV, Ms Irina RUKAVISHNIKOVA, Mr Leonid SLUTSKIY, Mr Sergey FABRICHNYY, Mr Alexander BASHKIN, Mr Sergey KISLYAK

Votes: 71 in favor 21 against 11 abstentions

In the draft resolution, at the end of paragraph 10.14, insert the following words:

", to ensure the compliance with the obligations to protect the linguistic rights of national minorities in accordance with the European Convention on Human Rights and its Protocols (1 and 12), the European Charter for Regional and/or Minority Languages, the Council of Europe Framework Convention for the Protection of National Minorities and the recommendations of the Venice Commission, and to introduce appropriate changes to the laws of Ukraine: 'On education', 'On ensuring the functioning of the Ukrainian language as a state language', 'About complete general secondary education'."

11With regard to the Nagorno-Karabakh conflict, the Assembly calls on all parties involved to refrain from inflammatory rhetoric hindering political dialogue, Armenia and Azerbaijan to implement as soon as possible the provisions of the trilateral statement related to humanitarian issues, all parties involved to immediately put in action the exchange of prisoners of war and bodies, to respect cultural heritage; it invites the Monitoring Committee to explore avenues to contribute at parliamentary level to an atmosphere conducive to the peace process. The Assembly expresses its serious concern about reports and allegations of violations of humanitarian and human rights law by all sides during this conflict and allegations of degradations to some religious sites and monuments, as well as destruction of private property, and expects these reports to be fully investigated and any violations to be remedied and the perpetrators prosecuted.

25 January 2021

Tabled by Mr Ruben RUBINYAN, Ms Tatevik HAYRAPETYAN, Mr Vladimir VARDANYAN, Mr Hovhannes IGITYAN, Mr Sos AVETISYAN

If adopted, amendment 11 falls.

In the draft resolution, paragraph 11, after the words "to respect cultural heritage" insert the following sentence:

"; the Assembly is concerned that, after the trilateral statement entered into force, additional 64 Armenian servicemen have been captured, and that Azerbaijani side stated that these captured people are not prisoners of war and initiated prosecution against them"

25 January 2021

Tabled by Mr Ruben RUBINYAN, Ms Tatevik HAYRAPETYAN, Mr Vladimir VARDANYAN, Mr Hovhannes IGITYAN, Mr Sos AVETISYAN

Falls if amendment 10 is adopted.

In the draft resolution, paragraph 11, after the words "to respect cultural heritage" insert the following sentence:

"; the Assembly is concerned that the provision of the trilateral statement related to the exchange of prisoners of war, hostages and other detained persons and bodies of the dead is not fully carried out by Azerbaijan"

25 January 2021

Tabled by Mr Ruben RUBINYAN, Ms Tatevik HAYRAPETYAN, Mr Vladimir VARDANYAN, Mr Hovhannes IGITYAN, Mr Sos AVETISYAN

In the draft resolution, paragraph 11, replace the words "some religious sites and monuments" with the following words:

"the Armenian religious sites and monuments both during the war and after the trilateral statement entered into force"

25 January 2021

Tabled by Mr Ruben RUBINYAN, Ms Tatevik HAYRAPETYAN, Mr Vladimir VARDANYAN, Mr Hovhannes IGITYAN, Mr Sos AVETISYAN

In the draft resolution, at the end of paragraph 11, insert the following words:

"The Assembly considers that certain public statements of the leadership and the highest officials of Azerbaijan, claiming that the Armenian Churches in Nagorno-Karabakh are in fact not Armenian, are not conducive to the establishment of peace and stability in the region."

12The Assembly invites the Monitoring Committee to further reflect on possible ways of adapting its working methods to the constraints imposed by the pandemic crisis with a view to improving the efficiency of the parliamentary monitoring procedures under challenging circumstances.
13The Assembly invites all monitoring rapporteurs to resume visits to the countries under their responsibility as soon as the travel restrictions due to the pandemic are lifted and calls on all countries concerned to facilitate the organisation of such visits without undue delay.