4.1 with respect to Armenia, referring
to its
Resolution 2560
(2024) “The honouring of obligations and commitments
by Armenia”, the Assembly commends the continuous commitment of
the country to its democratic development in spite of the considerable
security challenges it is facing. It welcomes the inclusiveness
and transparency of the legislative process that underlaid the reform
of the Electoral Code and considers that the objective of holding
genuinely democratic elections which win the confidence of the Armenian
people has been largely achieved. The Assembly regrets that the
political climate remains exceedingly polarised and antagonistic
and calls on all stakeholders to improve the relationship between the
parliamentary majority and the opposition. It calls upon the authorities
to continue with the implementation of reforms regarding the justice
system, the media and the freedom of expression;
4.2 with respect to Azerbaijan, with reference to its
Resolution 2527 (2024) “Challenge,
on substantive grounds, of the still unratified credentials of the
parliamentary delegation of Azerbaijan”, the Assembly remains seriously
concerned about the further deterioration of the state of democracy,
the rule of law and human rights in the country. It remains concerned
about the continuing crackdown on political and civil society activists,
media representatives and other government critics. It exhorts the
authorities to end retaliatory prosecutions and to immediately release
all those who are detained on politically motivated charges. It
calls upon the authorities to amend the Law on Political Parties,
the Law on the Media and the relevant legislation concerning non-governmental
organisations, in line with the recommendations of the European
Commission for Democracy through Law (Venice Commission). The Assembly
also strongly deplores the authorities’ refusal to co-operate with
the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) and calls on them to
resume without delay their co-operation with this body. Moreover,
the Assembly deplores the lack of invitation to observe the 2024
early presidential and parliamentary elections. It notes with regret
that, according to international observers, these elections did
not meet international standards for democratic elections and were
held under increased restrictions on freedom of expression, assembly
and association. It also strongly condemns and considers unacceptable
that, on 26 August 2024, the Azerbaijani Ministry of Foreign Affairs
declared
personae non gratae the
76 members of the Assembly who had voted in favour of
Resolution 2527 (2024).
It exhorts the authorities to immediately revoke this ban and to
engage in a constructive dialogue with the Council of Europe’s bodies
– in particular the Committee of Ministers, the Secretary General
and the Assembly itself – on all outstanding issues. The Assembly,
referring to its
Resolution
2517 (2023) and
Recommendation
2260 (2023) “The humanitarian situation in Nagorno-Karabakh”,
and
Resolution 2560 (2024),
continues to follow the situation with detained representatives
of Nagorno-Karabakh and all Armenian prisoners of war currently
held in Azerbaijan, reiterating its call to Azerbaijan to release
these people;
4.3 with respect to Bosnia and Herzegovina, referring to
Resolution 2574 (2024) “The
honouring of obligations and commitments by Bosnia and Herzegovina”,
the Assembly reiterates its satisfaction with the pace of reforms
since 2022. The Assembly repeats its call on Bosnia and Herzegovina
to honour its accession commitment and adopt a constitutional reform
in line with the European Convention on Human Rights (ETS No. 5).
It urges the authorities to ensure the proper functioning of the
Constitutional Court and reform the High Judicial and Prosecutorial
Council. It reiterates its call to eliminate all aspects of segregation
and discrimination in education, and encourages the establishment
of a common core curriculum in history while prohibiting the honouring
of individuals convicted of genocide, crimes against humanity and
war crimes in the school curricula;
4.4 with respect to Georgia, the Assembly expresses its deep
concern about the recent democratic backsliding of the country which
has raised doubts about the country’s commitment to international democratic
norms and Euro-Atlantic integration, as well as its willingness
to honour its membership obligations and accession commitments to
the Council of Europe. It reiterates its position expressed in
Resolution 2561 (2024) “Challenges
to democracy in Georgia” with regard to the controversial Law on Transparency
of Foreign Influence, which is incompatible with European democratic,
human rights and rule of law standards and norms. It calls upon
the Georgian authorities to withdraw this law without further delay.
The Assembly similarly expresses its concern about, and urges the
authorities to withdraw, the Law on the Protection of Family Values
and Minors, which is incompatible with international human rights
standards, and in particular the European Convention on Human Rights.
With regard to the parliamentary elections that took place on 26 October
2024, the Assembly deeply regrets that in several aspects these
elections failed to meet European standards for democratic elections.
The deficiencies noted, including widespread reports of pressure
and intimidation of voters and an uneven playing field for election
contestants that disproportionally favoured the incumbent ruling
majority, undermined the trust in the outcome as well as the fairness
of these elections. All reports of violations and alleged electoral
fraud should be transparently and impartially investigated, and
any irregularities encountered fully addressed;
4.5 with respect to Hungary, the Assembly reiterates its call
on the Hungarian authorities to address the serious questions regarding
the functioning of democratic institutions in the country as a result
of the cumulative effect of measures that negatively affect the
independence of the judiciary, the situation of the media and the
transparency and accountability of State institutions. The Assembly
emphasises again that the use of special legal orders must be restricted
to that which is strictly necessary, proportionate and limited in
time. In this respect, it notes that the “state of danger” was extended
until March 2025, at which time it will have been in place for five
years with only a few months of intermission. The Assembly calls
on the Hungarian authorities to fully address the recommendations
of the Venice Commission in its opinion on Act LXXXVIII of 2023
on the Protection of National Sovereignty. It remains concerned
about the transfer of very large amounts of public funds to public
interest asset management foundations, which lack guarantees of
transparency and accountability, undermining public oversight on key
institutions for educational and cultural policies;
4.6 with respect to the Republic of Moldova, the Assembly
welcomes the continued implementation of the ambitious reforms needed
to further its European integration and to honour its commitments
and obligations to the Council of Europe. However, it regrets that
these reforms are sometimes drafted in a rather hasty manner without
proper consultation with all stakeholders involved. It urges the
authorities to address these concerns, since an inclusive and transparent
reform process is essential to ensure the broad support and acceptance
of the reforms by the Moldovan population, which will ensure the irreversibility
of these reforms. The Assembly especially welcomes continuing reforms
to strengthen the independence and integrity of the judiciary and
especially the vetting of all key judges and prosecutors. It condemns
the unprecedented nefarious interference by the Russian Federation,
and actors aligned to it, in Moldovan domestic politics and its
electoral processes, which had a negative effect on the presidential
election and constitutional referendum that took place in October
and November 2024;
4.7 with respect to Poland, the Assembly strongly welcomes
the ambitious reform programme that is being developed by the Polish
authorities with the stated objective of implementing the judgments
of the European Court of Human Rights with regard to the independence
of the justice system and, in their own words, to restore the rule
of law in the country. However, it takes note of the questions that
have been raised about the compatibility of some of the aspects
of these reforms with European standards and norms, and is concerned
that the authorities, in their zeal to restore the rule of law,
may be tempted to sometimes sidestep the very requirements of the
rule of law itself. Given the sensitivity of these reforms, and
mindful of the very polarised and contentious political environment
in the country, the Assembly calls on the authorities to continue
its close co-operation with the Venice Commission and to fully address
all recommendations and concerns expressed in its opinions on the
various judicial reforms;
4.8 with respect to Serbia, the Assembly remains concerned
about the frequent organisation of early elections at short intervals
and urges the authorities to adopt further amendments to the electoral legislation
in order to address long-standing issues identified by the Venice
Commission. It welcomes the ongoing reform of the judiciary and
the progress in the implementation of the recommendations of the
Group of States against Corruption (GRECO) and expects the authorities
to swiftly address the remaining ones. It urges the authorities
to take further measures to combat and prevent ill-treatment by the
law-enforcement authorities and to show a genuine commitment to
investigating and adjudicating cases of war crimes. It remains concerned
about attacks and smear campaigns against journalists and independent
media outlets, human rights defenders and civil society activists.
The Assembly expects the Serbian authorities to continue peaceful
dialogue with Pristina with a view to solving all outstanding issues
and not to hinder the implementation of its recommendations included
in its
Opinion 302 (2024) “Application
by Kosovo*
Note for
membership of the Council of Europe”;
4.9 with respect to Türkiye, the Assembly calls on the authorities
to implement the judgments of the European Court of Human Rights
fully and speedily and exhorts the authorities to release without
delay Mr Osman Kavala, Mr Selahattin Demirtaş and Ms Figen Yüksekdağ
Şenoğlu. It urges the authorities to implement, without delay and
in line with the recommendations of the Venice Commission, the necessary
reforms to restore an effective system of checks and balances and
to ensure full independence of the judiciary. The Assembly reiterates
its concerns regarding the ongoing crackdown on members of the political
opposition and civil society as well as the restrictions on freedom
of expression and media freedom. It calls on the authorities to
put an end to all forms of reprisals against politicians, lawyers,
journalists and civil society activists and to ensure a conducive
environment for all civil society actors. In line with its
Resolution 2528 (2024) “Allegations
of systemic torture and inhuman or degrading treatment or punishment
in places of detention in Europe”, it calls upon the authorities
to eliminate torture and physical ill-treatment in places of detention.
The Assembly furthermore calls on the authorities to fully respect
the results of the local elections of 31 March 2024 and, in particular,
not to replace democratically elected mayors by governors appointed
by the minister of the interior;
4.10 with respect to Ukraine, the Assembly commends the efforts
by the Ukrainian authorities, and indeed the whole society, to ensure
the functioning of the democratic and rule of law institutions in
the country, in spite of the challenging situation presented by
the ongoing military aggression by the Russian Federation. It welcomes
the efforts of the co-rapporteurs to organise a monitoring fact-finding
visit to Ukraine in the first half of 2025, which is essential for
the proper conduct of the monitoring procedure in respect of Ukraine.
