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Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation

Doc. 15443: compendium of written amendments | Doc. 15443 | 26/01/2022 | Final version

Compendium index

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

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly recalls its Resolution 1990 (2014), Resolution 2034 (2015), Resolution2063 (2015), Resolution 2292 (2019),Resolution 2320 (2020), and Resolution 2363 (2021), and reiterates the recommendations addressed to the Russian authorities therein.
2The 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.

26 January 2022

Tabled by Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Emanuelis ZINGERIS, Mr Serhii SOBOLIEV

Votes: 82 in favor 11 against 9 abstentions

In the draft resolution, switch paragraph 2 with paragraph 7.

3In 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.
4The closure, despite multiple appeals of 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 an important obstacle to the functioning of independent civil society in the Russian Federation.
5The plight of Mr Alexei Navalny, arrested and detained despite the judgement 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.
6The Assembly notes that, contrary to the last parliamentary and presidential elections held in Russia 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 Venice Commission.
7The Assembly expresses its deep concern about the escalating tensions which threaten security in Europe and about Russia’s build-up of military troops along the border with Ukraine.

26 January 2022

Tabled by Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Serhii SOBOLIEV, Ms Mariia MEZENTSEVA-FEDORENKO

In the draft resolution, replace paragraph 7 with the following words:

"The Assembly condemns the escalating tensions which threaten security in Europe and Russia’s build-up of military troops along the border with Ukraine."

8The Assembly regrets that no progress has been made with addressing the Assembly’s demands and requests in the context of the 2008 war between the Russian Federation and Georgia as expressed in Resolution 1633 (2008), Resolution 1647 (2009) and Resolution 1683 (2009), as well as with regard to the military intervention in Donbass and the illegal annexation of Crimea by the Russian Federation as expressed in Resolution 1990 (2014); Resolution 2034 (2015); Resolution 2063 (2015) and Resolution 2132 (2016).
9The Assembly expresses its utmost disappointment that none of its recommendations included in Resolution 2363 (2021) “Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation” has been fulfilled.

26 January 2022

Tabled by Mr Roberto RAMPI, Mr Frank SCHWABE, Ms Selin SAYEK BÖKE, Ms Petra BAYR, Mr Fourat BEN CHIKHA

Votes: 55 in favor 52 against 8 abstentions

In the draft resolution, paragraph 9, replace the words "included in Resolution 2363 (2021)" with the following words:

"in all Resolutions entitled"

10In 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)); on “The arrest and detention of Alexei Navalny in January 2021” (Resolution 2375 (2021)); on the “Poisoning of Alexei Navalny” (Resolution ... (2022)) and “Political prisoners in the Russian Federation”.
11While 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 the ways of upholding 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.

26 January 2022

Tabled by Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Serhii SOBOLIEV

If adopted, amendment 16 falls.

Votes: 36 in favor 90 against 3 abstentions

In the draft resolution, delete paragraph 11.

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV, Mr Erkin GADIRLI

Falls if amendment 7 is adopted.

Votes: 42 in favor 78 against 6 abstentions

In the draft resolution, paragraph 11, second sentence, replace the words "is a member State of the Organisation and fully participates in its bodies, co-operation mechanisms and activities" with the following words:

"as a member State of the Organisation respects the Statute and values of the Organisation."

12In this respect, the Russian delegation’s commitment to co-operate with the 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, rule of law and respect for human rights.

26 January 2022

Tabled by Mr Serhii SOBOLIEV, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS

Votes: 44 in favor 78 against 2 abstentions

In the draft resolution, delete paragraph 12.

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV, Mr Erkin GADIRLI

In the draft resolution, delete paragraph 12.

13It should also 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 of relevance to the country’s compliance with its commitments and obligations in the Organisation.

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Serhii SOBOLIEV

If adopted, amendment 18 falls.

Votes: 39 in favor 89 against 0 abstention

In the draft resolution, delete paragraph 13.

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV, Mr Erkin GADIRLI

Falls if amendment 8 is adopted.

Votes: 65 in favor 50 against 8 abstentions

In the draft resolution, paragraph 13, first sentence, delete the following word:

"also".

14The supremacy of the decisions of the Constitutional Court of the Russian Federation over the international law including the decisions of the European Court of Human Rights does not guarantee to the 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 the parliamentary level.

26 January 2022

Tabled by Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Mr Serhii SOBOLIEV, Mr Erkin GADIRLI

Votes: 38 in favor 88 against 3 abstentions

In the draft resolution, paragraph 14, replace the words "an important argument" with the following words:

"the only justified argument".

15It should be noted that the European Union, 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 interrupted their relations with Moscow with a view to maintaining a dialogue on security in Europe and favouring an evolution that will see the rule of law and democratic principles respected in the Russian Federation.
16Consequently, the Assembly resolves to ratify the credentials of the members of the Russian delegation.

26 January 2022

Tabled by Mr Emanuelis ZINGERIS, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Oleksii GONCHARENKO, Ms Krista BAUMANE, Ms Yevheniia KRAVCHUK, Ms Laima Liucija ANDRIKIENĖ, Ms Maria JUFEREVA-SKURATOVSKI

If adopted, amendments 11, 13, 14 falls.

Votes: 41 in favor 94 against 4 abstentions

In the draft resolution, paragraph 16, after the words "the Assembly resolves", insert the following word:

"not".

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Serhii SOBOLIEV, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO

Falls if amendment 4 is adopted.

Votes: 40 in favor 91 against 1 abstention

In the draft resolution, paragraph 16, after the word "delegation" insert the following words:

"while depriving them of the right to be appointed rapporteurs according to Rule 50.1 of the Rules of Procedure of the Assembly."

26 January 2022

Tabled by Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Erkin GADIRLI

Falls if amendment 4 is adopted.

Votes: 37 in favor 92 against 4 abstentions

In the draft resolution, paragraph 16, after the word "delegation", insert the following words:

"while suspending the right of members of the delegation to carry out off-site meetings of the Assembly's working bodies on its territory"

26 January 2022

Tabled by Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Ms Yevheniia KRAVCHUK, Mr Serhii SOBOLIEV, Ms Mariia MEZENTSEVA-FEDORENKO

Falls if amendment 4 is adopted.

Votes: 44 in favor 88 against 3 abstentions

In the draft resolution, paragraph 16, after the word "delegation", insert the following words:

", while suspending the right of members of the delegation to take part in any Election Assessment Mission and observation mission of the Assembly"

26 January 2022

Tabled by Ms Yevheniia KRAVCHUK, Mr Oleksii GONCHARENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV, Mr Erkin GADIRLI

Votes: 56 in favor 76 against 2 abstentions

In the draft resolution, after paragraph 16, insert the following paragraph:

"The Assembly emphasises that by virtue of the obligation of States and international organisations under international law not to recognise the consequences of the illegal annexation of a territory, the ratification of the credentials of the Russian delegation by the Assembly would in no way constitute recognition, even implicitly, of the annexation of Crimea by the Russian Federation."

17At 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) and in particular to:

26 January 2022

Tabled by Mr Roberto RAMPI, Mr Frank SCHWABE, Ms Selin SAYEK BÖKE, Ms Petra BAYR, Mr Fourat BEN CHIKHA

Votes: 78 in favor 48 against 5 abstentions

In the draft resolution, paragraph 17, after the words "Resolution 2363 (2021)" insert the following words:

", to fully implement Resolution 2375 (2021) "The arrest and detention of Alexei Navalny in January 2021", Resolution … (2022) "Poisoning of Alexei Navalny" and Resolution 2297 (2019) "Shedding light on the murder of Boris Nemtsov",

17.1address 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 put it in compliance with Council of Europe standards;

26 January 2022

Tabled by Mr Emanuelis ZINGERIS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Serhii SOBOLIEV

Votes: 119 in favor 8 against 7 abstentions

In the draft resolution, before paragraph 17.1, insert the following paragraph:

"recall as soon as possible its military troops from Ukrainian frontiers and stop the escalation of military tension;"

17.2abstain from adopting new laws putting further restrictions on civil society, human rights defenders and journalists;
17.3refrain from acts leading to violations of fundamental rights and freedoms, in particular freedom of association, freedom of assembly and freedom of expression;
17.4co-operate with all Assembly committees and facilitate the activity of Assembly's monitoring and information missions;
17.5incorporate the judgments of the European Court of Human Rights into the Russian legal system and implement them;
17.6implement without delay all Committee of Ministers’ decisions regarding the execution of the judgments of the European Court of Human Rights and the multiple recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT);
17.7fully implement Resolution 2375 (2021) “The arrest and detention of Alexei Navalny in January 2021”, Resolution ... (2022) “Poisoning of Alexei Navalny” and Resolution 2297 (2019) “Shedding light on the murder of Boris Nemtsov”.

26 January 2022

Tabled by Mr Roberto RAMPI, Mr Frank SCHWABE, Ms Selin SAYEK BÖKE, Ms Petra BAYR, Mr Fourat BEN CHIKHA

Votes: 71 in favor 45 against 8 abstentions

In the draft resolution, delete paragraph 17.7.

18The 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.

26 January 2022

Tabled by Mr Emanuelis ZINGERIS, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Oleksii GONCHARENKO, Ms Krista BAUMANE, Ms Yevheniia KRAVCHUK, Ms Laima Liucija ANDRIKIENĖ, Ms Maria JUFEREVA-SKURATOVSKI

In the draft resolution, paragraph 18, first sentence, delete the words:

"expects that by ratifying the credentials of the Russian delegation, this should be reciprocated by a meaningful dialogue, leading to concrete results. It"