Human rights violations committed against Crimean Tatars in Crimea
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 23 June 2021 (20th sitting) (see Doc. 15305, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Thorhildur Sunna Ævarsdóttir). Text
adopted by the Assembly on 23 June 2021 (20th sitting).
1. The Parliamentary Assembly reaffirms
its commitment to the pursuit of peace based upon respect for human
rights, democracy and the rule of law. In this context, it underscores
its role as the most important pan-European forum in which political
dialogue can take place, on the basis of the Council of Europe’s
values and principles, as a means of reaching lasting, peaceful
solutions.
2. The Assembly recalls that since the adoption of its
Resolution 1988 (2014) “Recent
developments in Ukraine: threats to the functioning of democratic
institutions” and
Resolution
1990 (2014) “Reconsideration on substantive grounds of
the previously ratified credentials of the Russian delegation” in
April 2014, it has repeatedly condemned the violation of Ukraine’s
sovereignty and territorial integrity by the Russian Federation, and
the latter’s illegal annexation of Crimea; has expressed its deep
concern about the situation of the Crimean Tatars and other persons
belonging to groups in a numerical minority in Crimea, notably Ukrainians;
and has urged the Russian Federation to ensure that their rights
are not violated.
3. The Assembly strongly condemns the ongoing temporary occupation
of part of the territory of Ukraine – the Autonomous Republic of
Crimea and the city of Sevastopol (hereinafter “Crimea”) – by the
Russian Federation and reaffirms the non-recognition of its annexation.
It also condemns all attempts by the Russian Federation to legitimise
or normalise its attempted annexation of Crimea.
4. The Assembly condemns the grave human rights violations committed
against Crimean Tatars immediately prior to and following the illegal
annexation of Crimea by the Russian authorities, including killings and
enforced disappearances, which moreover have not since been effectively
investigated.
5. It deplores the fact that many serious violations of the rights
of Crimean Tatars, including torture and inhuman or degrading treatment
by members of the security forces and law-enforcement officials,
continue to be reported. Crimean Tatars continue to be subjected
to unjustified legal proceedings and illegal searches, as do lawyers
and human rights defenders working to defend the rights of Crimean
Tatars. The Assembly deeply regrets the fact that these violations
often result from the application in Crimea of Russian legislation,
which is contrary to international law.
6. The Assembly strongly condemns the high number of arbitrary
arrests and unfounded prosecutions and convictions of Crimean Tatars
on false extremism- or terrorism-related charges for political reasons,
including alleged affiliation with Muslim groups and opposition
to the current regime in Crimea. It is deeply concerned by numerous
cases of violations of Crimean Tatars’ freedom of religion, including
the targeting of specific religious groups allegedly involved with
terrorist and extremist organisations in spite of there being no
connection to any offence against public order.
7. The Assembly also expresses its concern about the restrictions
faced by Crimean Tatars with regard to freedom of expression and
peaceful assembly, and freedom of thought, conscience and religion,
including the prosecution of individuals for having conducted peaceful
single-person protests. It is deeply concerned by the practice of
denying entry to Crimea to journalists and banning them from entering
the territory of the Russian Federation for long periods, sometimes
decades, which not only violates their rights but contributes to
the isolation of Crimea and to a lack of independent reporting outside
the peninsula about the situation in Crimea.
8. The Assembly regrets that, despite the granting of official
status to the Crimean Tatar language, the number of Crimean Tatar
children receiving instruction in their language has reportedly
not increased, as parents are not encouraged to request it.
9. The Assembly is deeply concerned about the unlawful decisions
of the Supreme Court of the Russian Federation on banning the Crimean
Tatar Mejlis representative and self-governing body in Crimea, as
an extremist organisation, which is contrary to international standards.
It calls on the Russian Federation to implement immediately the
provisional measures ordered by the International Court of Justice
on 19 April 2017.
10. The deterioration of the human rights situation and the pattern
of abusive application of Russian legislation create a climate of
fear and hostility in Crimea that may affect all those who live
there. However, the Assembly observes with regret that Crimean Tatars
appear to be under constant pressure and disproportionately affected.
Crimean Tatars are thus not only victims of violations of their
human rights as such, but also, due to the disproportionate application
of abusive measures against them, victims of discrimination.
11. The Assembly is deeply concerned by this situation, which,
in its view, gives rise to serious violations of numerous international
human rights instruments, including the European Convention on Human
Rights (ETS No. 5). It notes in this context that the European Court
of Human Rights has declared admissible an interstate case raising
many of these issues: Ukraine v. Russia
(re Crimea) (Application No. 20958/14).
12. The Assembly further underlines that the failure of the Russian
Federation to implement the resolutions adopted by the United Nations
General Assembly and the measures ordered by the International Court
of Justice and the European Court of Human Rights is likely to worsen
the situation of the Crimean Tatars and that of other persons belonging
to groups that are in a numerical minority in Crimea.
13. In view of the above, and reaffirming the recommendations
contained in its
Resolution
2292 (2019), in which,
inter
alia, it called on the Russian Federation to implement
all the recommendations of the Assembly contained in its
Resolutions 1990 (2014),
2034 (2015) and
2063 (2015), the
Assembly urges the Russian authorities:
13.1 to implement United Nations General Assembly Resolution
A/RES/68/262 on the territorial integrity of Ukraine and its Resolutions
A/RES/71/205, A/RES/72/190, A/RES/73/263, A/RES/74/168 and A/RES/75/192
on the situation of human rights in the Autonomous Republic of Crimea
and the city of Sevastopol, Ukraine, and to comply with the measures
ordered with respect to the Russian Federation by the International
Court of Justice and the European Court of Human Rights;
13.2 with regard to violations of international humanitarian
law in Crimea that have a particular impact on Crimean Tatars, to:
13.2.1 cease applying Russian law in Crimea, including in the
fields of terrorism and extremism, and to apply, in accordance with
international law, the laws in force in Ukraine;
13.2.2 release any person unlawfully detained or imprisoned due
to the abusive application of Russian law in Crimea, including for
political reasons, which is contrary to international law;
13.2.3 put an end to the forced conscription of residents in
Crimea, including Crimean Tatars, into Russian Federation armed
forces;
13.2.4 put an end to the transfer of detainees, including Crimean
Tatars, from Crimea to the territory of the Russian Federation and
to ensure their return to Crimea or mainland Ukraine;
13.3 with regard to allegations of human rights violations
committed against Crimean Tatars in Crimea or within the territory
of the Russian Federation, to:
13.3.1 conduct without delay
an effective investigation within the meaning of the European Convention
on Human Rights into each alleged case of killing, abduction, forced
disappearance, torture or inhuman or degrading treatment of Crimean
Tatars and to apply appropriate sanctions to the perpetrators of
any violations found;
13.3.2 take all necessary measures to prevent similar violations
in future;
13.3.3 ensure dignified conditions of detention and that all
detained persons have access to all the medical care they need;
13.3.4 allow lawyers and other human rights defenders working
with Crimean Tatars to carry out their work without hindrance;
13.3.5 put an immediate end to any administrative or judicial
harassment of Crimean Tatars and ensure that any search or raid
carried out with regard to them is undertaken with full respect for
human rights;
13.3.6 ensure full respect for the freedom of religion of Crimean
Tatars and cease persecuting them for alleged membership of Muslim
groups with no connection to any offence;
13.3.7 annul the decision prohibiting the activities of the Mejlis
of the Crimean Tatar people, and allow its leaders Mr Mustafa Dzhemiliev
and Mr Refat Chubarov to return to Crimea;
13.3.8 guarantee full respect for the freedoms of expression,
association and peaceful assembly of Crimean Tatars;
13.3.9 lift the ban on Crimean Tatars’ media outlets and allow
these media to operate in compliance with the standards of the European
Convention on Human Rights;
13.3.10 ensure access to teaching in and of the Crimean Tatar
language, and work actively to create the conditions enabling Crimean
Tatars to express, preserve and develop their identity, in accordance
with the standards of the Framework Convention for the Protection
of National Minorities (ETS No. 157) and the United Nations Declaration
on the Rights of Indigenous Peoples;
13.4 to ensure full and unfettered access of established international
and regional human rights monitoring bodies to Crimea, in accordance
with the principles and recommendations set out in Assembly
Resolution 2240 (2018) “Unlimited
access to member States, including ‘grey zones’, by Council of Europe
and United Nations human rights monitoring bodies”, to enable them
to carry out their mandate without prejudice to the principles and
norms of international law and to the status of Crimea as a temporarily
occupied territory of Ukraine.
14. The Assembly invites all relevant actors to envisage directly
involving the representatives of Crimean Tatars, including the Mejlis
of the Crimean Tatar people, in international dialogue related to
the situation of Crimean Tatars and of Crimea.
15. The Assembly invites its Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) to take into account in its future work the follow-up
by the Russian Federation to these recommendations and also to pay
particular attention in this context to the situation of other groups
present in Crimea, such as Ukrainians and religious minorities.
