The Assembly welcomes the positive developments and progress
made during the reporting period in the countries under a full monitoring
procedure or engaged in a post-monitoring dialogue, expresses its concern
about some negative developments and remaining shortcomings and
urges all these countries to step up their efforts to fully honour
their membership obligations and accession commitments to the Council
of Europe. In particular:
4.1 with
respect to Albania: the Assembly welcomes the organisation of elections
on 25 April 2021 and the return of the opposition to the work of
the parliament, which should contribute to resolving the systemic
political crisis that has plagued the country. It calls on all political
forces to refrain from actions and discourse that increase tensions
in the political environment. While welcoming the ongoing efforts to
strengthen the independence of the judiciary and fight widespread
corruption, the Assembly is concerned about the attempts by the
authorities to increase their control over the media and the flow
of information that could negatively affect the media environment
in the country;
4.2 with respect to Armenia: referring to
Resolution 2427 (2022) “The
functioning of democratic institutions in Armenia”, the Assembly
welcomes the fact that Armenia has successfully emerged from the
serious political crisis triggered by the outcome of the Nagorno-Karabakh
conflict by organising early elections in June 2021, carried out
in a democratic manner, notwithstanding the highly polarised environment.
The Assembly also welcomes the pursuit of reforms and co-operation
with the Council of Europe. At the same time, however, it deplores
the political climate surrounding the June 2021 elections, which
were characterised by intense polarisation and marred by increasingly
inflammatory rhetoric among key candidates. The Assembly calls on
all political stakeholders to observe democratic standards in political
debate and continue the reforms;
4.3 with respect to Azerbaijan: the Assembly welcomes the
authorities’ declared will to conduct a dialogue but regrets that
no progress has been made with regard to the outstanding concerns
in the area of pluralism and the rule of law. It deplores the lack
of independence of the judiciary as illustrated by a long-standing
pattern of repression of political opponents and government critics
and confirmed by the judgments of the European Court of Human Rights.
It also denounces the restrictions on basic freedoms including freedom
of expression, assembly and association and calls on the authorities
to undertake urgent measures with a view to improving this highly
unsatisfactory situation;
4.4 with respect to Bosnia and Herzegovina: the Assembly regrets
that no tangible progress has been made by the Bosnian authorities
in the execution of the Sejdić and Finci judgment for twelve years. It
deplores the inability of the various political forces in Bosnia
and Herzegovina to reach an agreement that would allow this to happen,
in contrast to what they achieved for the holding of municipal elections. It
condemns the maintenance of the current electoral system, which
constitutes a clear violation by Bosnia and Herzegovina of its obligations
as a member State. It calls on the Bosnian authorities to comply
with this judgment before the next parliamentary elections are held
in October 2022;
4.5 with respect to Georgia: the Assembly expresses its concern
about the deeply polarised political climate in the country that
contributed to the breakdown of the 19 April 2021 political agreement mediated
by the European Union. It calls upon all political forces, majority
and opposition, to commit themselves to and engage in a constructive
dialogue with each other to implement the different reforms foreseen
in this agreement, which are closely related to its Council of Europe
membership obligations. In this respect, it welcomes the adoption
of the electoral reforms that were agreed between the ruling majority
and the opposition as part of this agreement. Georgia has made considerable
progress over the years with its reform of the judiciary with a
view to strengthening its independence. However, the functioning
of the High Council of Justice remains a point of concern. In that
context, the Assembly deeply regrets that the authorities have continued
to appoint Supreme Court judges on the basis of a clearly deficient
appointment process that in several respects does not comply with
international norms and standards, despite repeated calls by the
international community to this effect;
4.6 with respect to the Republic of Moldova: the Assembly
commends the peaceful political transition and the organisation
of early parliamentary elections in July 2021 resulting in greater
political stability and better gender-balanced representation in
parliament. It welcomes the determination of the Moldovan authorities
to reform the judiciary and the prosecution service, to strengthen
their independence, fight corruption, enhance transparency and address
the roots of “State capture”, all in the interests of the population.
It also welcomes the adoption of the constitutional amendments on
the judiciary, based on a large political consensus, as well as
the ratification of the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (CETS No.
210, “Istanbul Convention”). The Assembly encourages the Moldovan
authorities to continue their reforms that should involve the opposition
and civil society representatives and ensure respect for the rule
of law, in line with Council of Europe standards. It encourages
the Moldovan authorities to continue their close co-operation with
the Council of Europe, in particular its European Commission for
Democracy through Law (Venice Commission), and calls on the Moldovan
authorities to implement its recommendations;
4.7 with respect to Poland: the Assembly welcomes the appointment
of a new ombudsperson with the support of both the ruling majority
and opposition. However, it deeply regrets that the situation with regard
to the respect for the rule of law and independence of the judiciary
has continued to deteriorate over the last year. It underscores
that the European Court of Human Rights in its judgments in the
cases Xero Flor w Polsce sp. z o.o. v.
Poland (Application No. 4907/18) and Reczkowicz v. Poland (Application No. 43447/19)
established that certain benches of the Polish Constitutional Tribunal,
as well as the Disciplinary Chamber of the Supreme Court of Poland,
could not be considered as a “tribunal established by law” within
the meaning of the European Convention on Human Rights (ETS No.
5, “the Convention”). In this respect, it is deeply concerned about
the recent judgment of the Polish Constitutional Tribunal that Article
6.1 of the Convention is not compatible with the Polish Constitution
if applied to the Constitutional Tribunal or used to give the European
Court of Human Rights the right to assess the legality of the process
of electing judges to the Constitutional Tribunal, which is a direct
and unacceptable challenge to the supremacy of the European Convention
on Human Rights and the fundamental values of the Council of Europe;
4.8 with respect to the Russian Federation: important outstanding
concerns include the plight of civil society and implementation
of restrictive laws, in particular the Law on Foreign Agents and
the Law on Undesirable Organisations. The Assembly deplores the
ongoing procedure aimed at the liquidation of “Memorial”, a well-known
and respected human rights organisation. With regard to the parliamentary elections
which took place between 17 and 20 September 2021, the Assembly
notes some concerns identified by the Election Assessment Mission
of its Bureau with regard to the electoral legal framework, candidate
registration and deregistration by the Central Electoral Commission
(allegedly depriving some 9 million Russian citizens of their passive
voting rights), pressure on State employees to vote on Friday and
the safekeeping of ballots overnight, unequal campaigning conditions,
in particular media coverage, allegations of misuse of State and
administrative resources and the impact of the foreign agent legislation.
The Assembly recalls its position regarding the illegal annexation
of Crimea, confirmed most recently in
Resolution 2363 (2021) and regrets
that no progress has been made concerning its earlier recommendations
with regard to eastern Ukraine, Crimea, the occupied Georgian regions
of South Ossetia and Abkhazia and the presence of Russian troops
in the Transnistrian region of the Republic of Moldova. The Assembly
expresses serious concern about the recent concentration of large
numbers of Russian troops along the border with Ukraine, thus undermining
the security and stability in the wider region, and urges the Russian
Federation to withdraw these troops as soon as possible. The Assembly calls
on the Russian authorities to address the concerns with regard to
democracy, the rule of law and human rights;
4.9 with respect to Serbia: the Assembly welcomes the adoption
of the constitutional amendments to depoliticise the judiciary with
a view to strengthening its independence. It notes with satisfaction
that most of the Venice Commission recommendations were taken into
consideration but remains concerned about the risk of politicisation
of the High Prosecutorial Council. It calls on the Serbian authorities
to comply with Council of Europe standards when organising the constitutional
referendum of 16 January 2022 and adopting the legislation required
to implement these amendments. It welcomes the resumption of the
interparty dialogue to improve election conditions but urges all
stakeholders to achieve and commit to tangible measures, based on
a broad consensus, that will lead to fair, inclusive and competitive elections.
It also encourages the Serbian authorities to accelerate their reforms
with a view to strengthening the independence of the judiciary,
media freedom, the fight against corruption and the independence
of institutions, which provide for indispensable checks and balances
in a democratic society;
4.10 with respect to Turkey: the Assembly calls on the Turkish
authorities to fully implement
Resolution 2376 (2021) “The functioning
of democratic institutions in Turkey” and in particular to put an end
to the judicial harassment of opposition and dissenting voices,
to improve freedom of expression and the media, to restore the independence
of the judicial system and to revise the legislation on elections
and political parties well ahead of the next elections, in line
with the standards of the Council of Europe and in co-operation
with monitoring mechanisms, including the Venice Commission. While welcoming
the decision of the Constitutional Court to reinstate the political
rights of MP Ömer Faruk Gergerlioğlu, who was unlawfully stripped
of his immunity and deprived of his parliamentary mandate, the Assembly
deplores the fact that one third of parliamentarians, overwhelmingly
from opposition parties, remain subject to procedures seeking to
lift their immunity. It also remains extremely concerned about the
attempt to close the Peoples’ Democratic Party (HDP), the continued
crackdown on its members and more generally the political violence
targeting opposition politicians, which put political pluralism
and the functioning of democratic institutions at risk. The Assembly
deplores the presidential decision to withdraw from the Istanbul
Convention. The Assembly urges the Turkish authorities to uphold women’s
rights and protect them effectively from violence, and to remain
committed to the principles enshrined in the Istanbul Convention.
The Assembly strongly urges the Turkish authorities to implement the
European Court of Human Rights’ rulings and to immediately release
philanthropist Osman Kavala and former HDP leader Selahattin Demirtaş.
It calls on the Turkish authorities to act promptly after the Committee
of Ministers adopted, on 2 December 2021, interim resolutions on
these cases, and formally notified Turkey of the Committee of Ministers’
intention to refer the
Kavala v.
Turkey case to the European Court of Human Rights, in line
with proceedings provided for under Article 46.4 of the European
Convention on Human Rights;
4.11 with respect to Ukraine: the Assembly welcomes the continuing
efforts of the Ukrainian authorities to reform the judiciary with
a view to ensuring its independence and the impartial administration
of justice. It welcomes the reinstatement of the High Qualifications
Commission of Judges and of the High Council of Justice, a move
which is essential to a successful reform of the judiciary and for
addressing widespread corruption. The Assembly expresses its concerns
about the efforts to delay and undermine these reforms, which should
be implemented as a matter of urgency. The Assembly calls for the
reform, without delay, of the Kyiv District Administrative Court,
whose rulings against government decisions have been questioned
and are widely seen as attempts to undermine the authority’s reform and
anti-corruption efforts. The Assembly welcomes that, following reforms,
the five-tiered institutional structure to fight corruption is starting
to achieve tangible results. It recommends that the authorities increase
the number of judges at the High Anti-Corruption Court. It considers
that the appointment processes for currently vacant leadership positions
in the anti-corruption institutions, as well as those for posts
that will soon be vacant, will be a litmus test of the authorities’
political will to tackle corruption at all levels in Ukrainian society.
The Assembly takes note of the efforts of the authorities to tackle
the undue influence of oligarchs in Ukraine. It urges the authorities
to address all concerns and recommendations of the Venice Commission
in its opinion on the “anti-oligarch law”, in order to ensure that
it complies with European standards and norms. The Assembly welcomes
the improved co-operation of the authorities in the framework of
the Council of Europe Platform to promote the protection of journalism
and safety of journalists. It urges the authorities to ensure that
all cases of violence against journalists are fully and transparently
investigated to avoid any sense of impunity in this respect. The Assembly
welcomes the holding of the inaugural summit of the Crimea Platform,
aimed at peacefully restoring Ukrainian control over this territory,
which attracted wide-ranging and high-level international participation;
4.12 with respect to Bulgaria: the Assembly is aware that a
major political crisis triggered by corruption scandals, a lack
of respect for the rule of law and ensuing street demonstrations
in 2020, as well as three parliamentary elections and one presidential
election which took place in the country during the reporting period,
had an inevitable impact on the pace of addressing the remaining
outstanding concerns as defined in
Resolution 2296 (2019) “Post-monitoring
dialogue with Bulgaria”, namely high-level corruption, transparency
of media ownership, the human rights of minority groups, hate speech
and violence against women. At the same time, the Assembly welcomes
the smooth organisation of the elections and expresses confidence
that the ongoing talks among the parties will allow for replacing
the interim government with a stable coalition government which
will continue the meaningful dialogue and progress towards Bulgaria’s
full compliance with its commitments and obligations;
4.13 with respect to Montenegro: the Assembly welcomes the
constructive co-operation between the authorities and the Venice
Commission on the consideration of the amendments to the Law on
State Prosecution and the draft law on the prosecutor’s office for
organised crime and corruption. The Assembly notes, however, that
the reappointment of all the members of the Prosecutors’ Council
and the appointment of five new lay members by the parliament by
a simple majority constitute a risk to the independence of the council.
It therefore calls on the Montenegrin Parliament to ensure that
the five new lay members of the Prosecutors’ Council are appointed
on the basis of their competence and perceived as politically neutral.
The Assembly is concerned about an increase in the polarisation
of the Montenegrin political scene over issues of national identity
in a country that has so far managed to largely limit such tensions.
It calls on the various political formations and leaders not to
accentuate this polarisation, but rather to help reduce its intensity;
4.14 with respect to North Macedonia: the Assembly welcomes
the adoption of ambitious reform packages to reform the judiciary
and fight corruption and in particular encourages the authorities
to implement the 2021 recommendations of the Group of States against
Corruption (GRECO) to tackle corruption within senior executive
posts and within the law-enforcement agencies, especially the police. It
congratulates the authorities for the conduct of the census and
encourages them to ensure the publication of its results in a transparent
and open manner and further promote a stable interethnic relationship.
The Assembly also urges the authorities to address the remaining
serious shortcomings of the prison system and the alarming situation
in the Idrizovo Prison, as highlighted by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) in its May and July 2021 reports, despite some
recent improvements. It regrets that the adoption of the Negotiating
Framework by the European Council of the European Union has been
blocked by Bulgaria, thus delaying the opening of EU accession negotiations,
which has triggered disillusion and political instability in the
country.
