Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 26 January 2022 (6th sitting) (see Doc. 15443, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), rapporteur: Mr Piero Fassino; and Doc. 15445, opinion of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Ms Maria Jufereva-Skuratovski). Text adopted by the Assembly on
26 January 2022 (6th sitting).
2. The Assembly expresses its deep concern about the escalating
tensions which threaten security in Europe and the Russia Federation’s
build-up of troops along the border with Ukraine.
3. In particular, the laws on foreign agents, undesirable organisations
and extremism, recently amended, are incompatible with Council of
Europe standards and have a negative impact on democracy, the rule
of law and respect for human rights.
4. The closure, despite multiple appeals by the international
community, of Memorial, one of the most respected human rights organisations
in the Russian Federation, constitutes a serious blow to democracy
and the freedoms of association and expression. This is a turning
point and a major obstacle to the functioning of independent civil
society in the Russian Federation.
5. The plight of Mr Alexei Navalny, arrested and detained despite
the judgment of the European Court of Human Rights, raises utmost
concern, in particular taking into account his role in the political
process in the Russian Federation as well as the events surrounding
his poisoning.
6. The Assembly notes that, in contrast to the last parliamentary
and presidential elections held in the Russian Federation in 2016
and 2018 respectively, it was invited to observe the 2021 parliamentary
elections. It nevertheless regrets the shortcomings in the electoral
legislation and the conduct of the 2021 parliamentary elections
to the Duma, as identified by the Assembly assessment mission and
the European Commission for Democracy through Law (Venice Commission).
7. The Assembly expresses its utmost concern over the deteriorating
situation with regard to pluralism, human rights and fundamental
freedoms in the Russian Federation, manifested by the crackdown
on opposition politicians, independent civil society, dissenting
voices and critical journalists.
9. The Assembly expresses its utmost disappointment that none
of its recommendations in all resolutions entitled “Challenge, on
substantive grounds, of the still unratified credentials of the
parliamentary delegation of the Russian Federation” have been fulfilled.
10. In addition, the Assembly regrets the lack of co-operation
of the Russian Federation with the Assembly in the preparation of
the reports entitled “Shedding light on the murder of Boris Nemtsov”
(
Resolution 2297 (2019));
“The arrest and detention of Alexei Navalny in January 2021” (
Resolution 2375 (2021)); “Poisoning
of Alexei Navalny” (
Resolution
2423 (2022)); and “Political prisoners in the Russian
Federation”.
11. While the above-mentioned concerns justify questions with
regard to the respect by the Russian Federation of its commitments
and obligations as a member State of the Council of Europe, it should
be emphasised that the Assembly constitutes the unique pan-European
parliamentary platform for political dialogue, with the participation
of all European countries, about ways to uphold the values and standards
that the Council of Europe stands for, including in the Russian
Federation. It is recalled that the Assembly can play a meaningful
role in this process only if the Russian Federation is a member
State of the Organisation and fully participates in its bodies,
co-operation mechanisms and activities.
12. In this respect, the Russian delegation’s commitment to co-operate
with the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee)
should be acknowledged. The Assembly should use this opportunity
to have an impact on developments in the Russian Federation with
regard to democracy, the rule of law and respect for human rights.
13. It should be highlighted that, more generally, the Russian
Federation is an active member of the Council of Europe, intensively
involved in its numerous activities, including under the conventions
relevant to the country’s compliance with its commitments and obligations
within the Organisation.
14. The supremacy of the decisions of the Constitutional Court
of the Russian Federation over international law, including the
decisions of the European Court of Human Rights, does not guarantee
Russian citizens a human rights remedy and the possibility to hold
the authorities accountable, which remains an important argument
in favour of continuing co-operation at all levels, including at
parliamentary level.
15. It should be noted that the European Union, the North Atlantic
Treaty Organization (NATO), the Organization for Security and Co-operation
in Europe (OSCE) and also the United States, while clearly expressing
their criticism of the behaviour of the Russian authorities, have
not suspended their relations with Moscow in the interests of maintaining
a dialogue on security in Europe and encouraging developments that will
see the rule of law and democratic principles respected in the Russian
Federation.
16. Consequently, the Assembly resolves to ratify the credentials
of the members of the Russian delegation.
17. At the same time, the Assembly calls on the Russian authorities
to fulfil the recommendations included in
Resolution 1633 (2008),
Resolution 1647 (2009),
Resolution 1683 (2009),
Resolution 1990 (2014),
Resolution 2034 (2015),
Resolution 2063 (2015),
Resolution 2132 (2016),
Resolution 2292 (2019),
Resolution 2320 (2020),
and
Resolution 2363 (2021),
to fully implement
Resolution
2375 (2021) “The arrest and detention of Alexei Navalny
in January 2021”,
Resolution
2423 (2022) “Poisoning of Alexei Navalny” and
Resolution 2297 (2019) “Shedding
light on the murder of Boris Nemtsov” and, in particular, to:
17.1 recall as soon as possible its
troops from Ukrainian frontiers and stop the escalation of military tension;
17.2 address concerns with regard to repealing the 2012 law
on foreign agents as amended and the 2015 law on undesirable organisations
as amended, and revising the law on extremism in order to bring it
into compliance with Council of Europe standards;
17.3 abstain from adopting new laws putting further restrictions
on civil society, human rights defenders and journalists;
17.4 refrain from acts leading to violations of fundamental
rights and freedoms, in particular freedom of association, freedom
of assembly and freedom of expression;
17.5 co-operate with all Assembly committees and facilitate
the activity of the Assembly's monitoring and information missions;
17.6 incorporate the judgments of the European Court of Human
Rights into the Russian legal system and implement them;
17.7 implement without delay all Committee of Ministers’ decisions
regarding the execution of the judgments of the European Court of
Human Rights and the many recommendations of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT).
18. The Assembly expects that by ratifying the credentials of
the Russian delegation, this should be reciprocated by a meaningful
dialogue leading to concrete results. It invites the Monitoring
Committee to continue the dialogue with the authorities of the Russian
Federation and to submit its report on the honouring of obligations
and commitments by the Russian Federation at its earliest convenience
and not later than before the end of 2022.
