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29 January 2020 afternoon

2020 - First part-session Print sitting

Sitting video(s) 1 / 1

Opening of the sitting No. 6

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

15:35:12

Dear colleagues,

May I ask you to sit down, please?

Ambassadors, you must lead by example. I'm tough, you know that.

The siting is now open. We will now listen to the statement of Mrs Marija PEJČINOVIĆ-BURIĆ, Secretary General of the Council of Europe.

This communication will be followed, dear colleagues, by questions from members of the Assembly.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

15:35:45

Madam Secretary General,

Welcome to the Assembly for your first annual communication.

Since your election in June last year, the Assembly has had excellent relations with you, and we are grateful for your support for the work on the complementary joint procedure with the Committee of Ministers.

As I said in my inaugural speech, we have moved from dialogue to trialogue. Today, we have the opportunity to strengthen this new model of co-operation between the Parliamentary Assembly, the Committee of Ministers and yourself. Further, I believe that, by working together, we can achieve real results.

I think that we are at a turning point.

We have the opportunity to address one of the most pressing challenges of modern times: climate change and its impact on human rights, building upon the case-law of the European Court of Human Rights and the emerging judicial practice of national courts of 47 member states.

We have the opportunity to strengthen our common legal framework by focusing on the national implementation of the European Convention on Human Rights and more than 220 European conventions. Many of these are ground-breaking and cutting-edge instruments that exist nowhere else in the world.

We have the opportunity, Madam Secretary General, to make our democratic institutions stronger for the benefit of all European citizens by effectively supporting our member states in the implementation of our standards.

Madam Secretary General, to repeat, we have the opportunity today to use the synergy of our triangular institutional cooperation for the benefit of our member states and its citizens. We must seize it to make the Council of Europe stronger, more visible and more effective, by continuing the ongoing reform process.

Therefore, we are eagerly looking forward to listening to your vision for the organisation and to contribute to its implementation.

Madam Secretary General, you have the floor.

 

Address by the Secretary General of the Council of Europe

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

15:37:39

Thank you very much, President of the Parliamentary Assembly,

Members of the Parliamentary Assembly,

Ladies and gentlemen,

It is a real pleasure to be here for my first January address to this distinguished body of the Council of Europe.

Let me begin by paying tribute to your outgoing and our former President, Liliane MAURY-PASQUIER. It was a great pleasure for me to work with Liliane, more closely, of course, in recent months. Like so many people in this Chamber, and outside it, I have been so greatly appreciative of her dedication and authority and also the way she chaired proceedings with skill and her determination really was excellent. She has worked for better, safer and more inclusive politics, not least through her championing of the Not In My Parliament initiative. She has played an important and constructive role in the search for a solution to the recent crisis that gripped our organisation. We wish her well, just as we have the pleasure of welcoming and congratulating you, Mr DAEMS, on your election on Monday. Your commitment and support for the Parliamentary Assembly are well-known and long-standing, and I look forward to working with you in the months and years ahead. Certainly, you are taking office at an important and interesting time for our organisation and for Europe as a whole.

As we celebrate the 70th anniversary of the European Convention on Human Rights, now is a good moment to reflect on the positive progress that our continent has made over the course of the past seven decades. The decline of authoritarian governments and the end of the Cold War have brought greater political freedom and ensured greater European unity. Individuals have more opportunity and prosperity has spread, including to those parts of Europe that had least in the post-war era. And, of course, the ratification of the European Convention on Human Rights by the 47 countries that are now members of the Council of Europe has created an unprecedented common legal space in Europe: a space in which human rights take precedence over states’ interests, with a European Court of Human Rights to which every individual has the ultimate right of appeal. Europe has come a long way in a relatively short period of time.

But each of us here today is aware that there are still significant challenges to human rights, democracy and the rule of law in our societies. That it is incumbent upon this organisation to take a leading role in helping national authorities to address thi. Over recent years, some of our member states have witnessed the rise of populist and extreme nationalist politics. This narrative often runs counter to multilateralism and the rule of international law. It can result in direct challenges to the authority of this organisation whether through rhetoric, referendums, domestic legislation or other means. Unchecked, this puts human rights at risk.

The rule of law and democratic institutions are also vulnerable to erosion in some countries. Rampant corruption, ineffective public administration and efforts to undermine the checks and balances required in any healthy democracy: all of these can be found in Europe today, with the loss of judicial independence, the intimidation and restriction of the media, and the shrinkage of civil society space as prominent symptoms of the sickness. Other issues abound: hate speech, discrimination against minorities and the prevalence of violence against women. 

The human rights implications of artificial intelligence, the continued and appalling practice of human trafficking for the purposes of labour exploitation and the struggle to ensure access to social rights for every European. All of these require progress.

It is right also to point out the growing awareness of the human rights implications of climate change. This issue is a priority for the current Georgian Presidency of the Committee of Ministers, and for you, personally, President of the Parliamentary Assembly, and for many people here in this house and throughout our member states. It cannot be ignored.

In each of these areas, we have the responsibility to act. And we do so. At our Ministerial Session in Helsinki, foreign ministers restated their commitment to our Convention system and the primary role of human rights in international law. Discussions on EU accession to the European Convention on Human Rights, restarted in November, will continue in the coming days and are expected to result in a first formal round of negotiations in the future. This is an important demonstration of will on both the Council of Europe and the European Union sides: paving the way to greater coherence in the protection of European human rights.

Marking closer co-operation between this and other international organisations, which I have been clear, is a priority for me. There still exists in Europe the will to overcome populist politics and to ensure a functioning, multilateral system that upholds peoples’ rights. I am determined that, together, we will sail with that wind.

Within member states themselves, we are working hard to help governments overcome the problems they face. On corruption and poor public administration, we have a range of tools that raise standards, including work by our anti-corruption body GRECO, the Šibenik Network of Corruption Prevention Authorities that operates across borders, and tailor-made joint action plans, funded by record levels of voluntary contributions from member states, often accompanied by national field offices.

When it comes to the independence of the judiciary, we have Strasbourg Court judgements, the Venice Commission, the Consultative Councils of European Judges and Prosecutors, GRECO, and the Commissioner for Human Rights. All of these identify shortcomings in national judiciaries and proposed reforms, and point the way to overcoming them in line with European standards. This continues, as does the important attention paid to these matters by the Parliamentary Assembly, as clearly demonstrated by your debate yesterday.

Regarding the media, I have been clear that freedom of expression is also a priority for me. This right is a cornerstone of a democratic and pluralistic society and, as the Strasbourg Court has confirmed, the media have a unique role to play as a watchdog. I deplore what concurring reports confirm and what the Platform to Promote the Protection of Journalism and Safety of Journalists has also found: namely, that violent attacks on journalists and media actors continue to rise in number, often with impunity and spreading a chilling effect throughout the profession.

Last month I met all of the Platform’s partner organisations and it is my intention to raise relevant issues with the Committee of Ministers (CM) on a regular basis. But this is an area in which all bodies of our organisation have an important role to play. Again, the Parliamentary Assembly’s vigilance is vital and I know that you debated your own report on this subject yesterday. The CM is clear on the urgency of the issue and will hold a ministerial conference in May that should provide impetus for more work. And, crucially, we must all continue to help member states apply Article 10 of the European Convention and the case law of the Strasbourg Court, so that their media environments are freer to prosper.

On hate speech, ours is the first and only intergovernmental organisation to adopt an official definition of the problem. And charters, guidelines and recommendations have been issued by all three of the CM, the Congress of Local and Regional Authorities and the Parliamentary Assembly to prevent and mitigate its impact, as well as to support its victims. In addition, the European Commission against Racism and Intolerance published a 2015 General Policy Recommendation on combating hate speech, which is designed to help national authorities to tackle this problem, online and offline alike. Given the ever-growing prominence of social media in our societies – and the vitriol that is applied there – it is more and more important that these tools be put to use.

Discrimination against minorities also remains a problem that we equip member states to address. The Framework Convention for the Protection of National Minorities, for example, seeks to preserve and develop culture, religion, language and traditions. The European Charter for Regional or Minority Languages provides important protection for minority language speakers specifically. On these issues the Venice Commission has remained active and continues to issue opinions. These should be followed because Europe’s minorities must be able to live in security and with opportunities equal to others who live alongside them. It is by following the law and upholding rights that member states can prevent the anguish that can so easily spread where minorities feel under threat.

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

15:49:16

And now, in French.

Threat is still the daily lot of millions of women in Europe. Our Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence is designed to break this cycle. It obliges its member states to take measures to prevent violence against women, protect victims and prosecute the perpetrators of such violence.

Misconceptions are spread to undermine support for the Istanbul Convention, but our recent work to better inform the debate, legal analysis, including from the Venice Commission, and, above all, the experience of the 34 member states, which have ratified the treaty, are helping to dispel misconceptions and concerns.

Last month I had the pleasure to welcome the decision of the Republic of Moldova to submit this important convention to parliamentary ratification. This is a positive step forward and I hope that progress will continue so that more women can live their lives in safety.

Since I last spoke to you in October 2019, our ad hoc committee on artificial intelligence has begun its work. It is currently examining the feasibility and potential elements of a legal framework for the development, design and application of artificial intelligence.

Algorithms can potentially perpetuate notes or discriminate against specific groups: women, LGBTI people, ethnic religious minorities and have a disproportionate impact on the work of minorities. As we move forward, we must ensure that these technologies do not weaken our common standards but rather support them. I therefore await with great interest the proposals that the ad hoc committee will make in the coming months. We are also making progress on the issue of trafficking for labour exploitation.

In November, I published a roadmap for the way forward. Our Group of Experts on Action against Trafficking in Human Beings, GRETA, is currently preparing a compendium of good practices and drafting a guidance note. The final version of these documents will be presented at the GRETA plenary session in July. On this basis, the Committee of Ministers may formulate a recommendation to member states. In this perspective, the Assembly's work on the issue will - of course - enrich this process.

Indeed, thanks to our common enterprise, we are best placed to eradicate the infamy of the trade in human beings in 21st century Europe. We are also making progress in the area of social rights. Our Human Rights Steering Committee has conducted an analysis of the existing legal framework and identified good practices and proposals at the national level. For their part, governments are currently considering possible additional measures to improve the protection of social rights and the functioning of the European Social Charter system.

As far as the environment is concerned, we must - quite rightly - ask ourselves whether and how we can do better. The Council of Europe does not currently have a comprehensive and legally binding instrument for the protection of the environment. It is true that the European Convention on Human Rights protects the right to life and the right to private and family life, including the home.

The European Social Charter guarantees the right to health protection. In a landmark decision last month, the Dutch Supreme Court confirmed that the state has an obligation to reduce greenhouse gas emissions. It based its decision on the Convention. In addition to this text, there are other treaties related to the environment, notably the Convention on the Conservation of European Wildlife and Natural Habitats and the European Landscape Convention.

That is why I look forward to the high-level conference on environmental protection and human rights to be organised in February by the Georgian Chairmanship of the Committee of Ministers. May it provide us with new thoughts and ideas on what our role might be in the future and how we might work with other international organizations. Our intergovernmental committees rightly ask the same questions.

Dear members of the Parliamentary Assembly, this list is already very long, but it is far from exhaustive. Indeed, while our rights are clear, our societies are changing, new challenges are emerging and we must be there to defend the standards we believe in and that are enshrined in law. However, in order to carry out this mission effectively, to improve our capacity to act in these complex times, our organization must be equal to these objectives.

I am pleased that last November the Committee of Ministers accepted my proposal for a programme and budget based on zero real growth. This decision puts an end to the practice of real annual cuts in the budget of the Council of Europe, including that of the Parliamentary Assembly. This decision is an important step towards stabilizing the organization's funding, which will allow us to maintain our ability to carry out our important mandate.

The Committee of Ministers took this decision with a clear indication that we should undertake further reforms, and I am making clear to delegations my commitment to make changes that will improve our effectiveness and efficiency. I am therefore looking forward to the ambassadors being able to deepen their ideas at the retreat to which I have invited them next month. We will discuss, among other things, the priorities that we should set in a longer-term strategic framework. All this will provide food for thought for specific proposals that I will present in due course. I expect these proposals to bear fruit, as does the process of reforming the European Court of Human Rights, which has taken ten years to complete. In addition to a simplification of processes and a welcome sharp reduction in the backlog of cases, there has also been an increase in the number of judgments executed, under the supervision of the Committee of Ministers.

Governments are now assessing the effectiveness of this reform process to see if further changes are needed. This is a process, which has undoubtedly had an effect so far. It is an example of what we can achieve when the different entities in the organization are all pulling in the same direction. This is very important.

If the Council of Europe is to maintain its coherence, credibility and reputation, we must exploit the different roles and competences of our statutory bodies to put them at the service of our shared objectives: a Council of Europe, in which each member state participates fully, and with equal obligations, in order to ensure equality in the application of our common standards of human rights, democracy and the rule of law, throughout our continent and in the interests of all those who live there.

I find it encouraging to see the positive spirit in which the Committee of Ministers and the Parliamentary Assembly have joined forces for a joint mechanism with the Secretary General which can be triggered in the event of a serious violation of the Statute by a member state. This measure cannot be implemented lightly, but neither should it be hesitated to resort to it if extraordinary circumstances so require. This mechanism will have to be activated wisely and equitably.

Over the past four months, I have worked with many people throughout the organization. I was impressed as well as inspired by their commitment. In the coming months and years, I know that I will be working with many more interlocutors, including a number of you in this House.

It is my privilege to have the opportunity to bring you together to share our ideas and capabilities and to move forward. For it is by working together and combining our talents that we can make the greatest contribution to ensuring that the peoples of Europe, all the peoples of our continent, have the future they deserve. A future in which peace and security are based on our fundamental rights, rights that are protected by our legal texts and systems.

Thank you. 

 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:01:22

Thank you, Madame Secretary General.

Now we get into the questions. I remind all of you that questions must be limited to 30 seconds and please let it be questions and not speeches.

So let's go into the list. The first speaker of the day is Mr Frédéric REISS from EPP.

You have the floor.

Mr Frédéric REISS

France, EPP/CD

16:01:42

Madam Secretary General,

Thank you for your presentation and allow me to underline your exemplary nature by speaking in English and French, the two official languages of the Council of Europe.

In your first speech as Secretary General, you said that you wanted to act in such a way as to ensure the Council of Europe's capacity for action, in particular as regards the execution by member states of the judgments of the European Court of Human Rights. Can you tell us what the most important bottlenecks are in this area and how you intend to overcome them?

Thank you.

 

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:02:19

Thank you very much for your question and for greeting both languages. I think I made it very clear from the beginning that I will do it, so I'm trying to do it, but sometimes it's not easy because I'm more used to using English, so I insist.

With regard to your question on how to improve the execution of the Court's judgments, I mentioned in my speech that we are already seeing, in this process, reforms that have been made by the Court, by the Council of Europe, since the Interlaken conference. We can clearly see the progress, the backlog that has been cut, and so on. The Court is working on this, and a great deal has already been done by asking, as I also mentioned, whether we should continue in the same way. This is one of the things that we need to reflect on because a lot has been done and I believe that through the protocols that have been prepared, ratified or are in the process of being ratified, I believe that all of this has enabled the Court to work better.

Once the Court has given its judgments, it is the prerogative of the Committee of Ministers, under Article 64, to monitor the implementation and execution of the Court's judgments. All our member states, when they became members of the Council of Europe, acceded to the Convention on Human Rights. Consequently, the execution of judgments is the primary responsibility of the Member States.

Of course, we know that the Committee of Ministers is working on this, there is a specific formation of the Committee of Ministers which meets several times a year and, together with the States, passes one judgment after another which are not executed. In this context, the Committee of Ministers is doing a great deal of work.

On behalf of the Secretary General, I can only support the work of the Committee of Ministers, of all the people who work in the Secretariat. But I believe that there is first, and I would like to stress this, the obligation of the State in question to execute the Court's judgments.

Some people wonder whether the European Court of Human Rights and the Court's judgments are in conformity with their constitution. I made a communication with the Committee of Ministers last week, in which I stressed that, at national level, we may have different systems, but at the end of the road, there is the obligation to execute the Court's judgments. Ultimately, therefore, the responsibility for enforcement lies with the State. I will insist that this be done and I know that the Committee of Ministers, in this framework where it meets several times a year, is making a great deal of effort.

Finally, we advocate communication, since one of the roles of the Secretary General, but also of the different bodies of the Council of Europe, is to assist and support member states in the execution of their obligations, including the execution of the Court's judgments. I think it should also be stressed that the Council of Europe is doing its utmost, where there are real problems of execution, to help, on the basis of the experience gained over time, the execution of the Court's judgments by member states.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:07:33

Thank you.

I'm calling on M. Piero FASSINO for his question on behalf of the Socialist Group.

Mr Piero FASSINO

Italy, SOC, Spokesperson for the group

16:07:43

Thank you, Secretary General. No, I want to ask you a question that is linked to the events that most closely affect the Mediterranean.

From Libya to Iraq, we are faced with conflicts and crises that have many critical points, one of which directly affects us as the Council of Europe. I am referring to the humanitarian consequences on human civil rights that these crises produce: from millions of refugees to the harassment of women and children, to prisoners who are tortured and summarily executed.

So how, in your opinion, can the Council of Europe help to ensure that fundamental human and civil rights can be protected and respected in such a dramatic scenario?

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:08:36

I'm afraid that you will have to repeat your question because, apparently, there has not been an English translation.

Of course, for all the members here present, do nothing that you get twice 30 seconds...

Mr Piero FASSINO

Italy, SOC, Spokesperson for the group

16:08:46

I'll be shorter, to facilitate our work.

From Libya to Iraq, as you know, there is a very complex conflict and crisis situation. All these crises also have the humanitarian consequences of heavy civil rights violations. Millions of refugees, conditions of abuse on hundreds of thousands of women, children growing up in war and suffering, prisoners tortured and summarily killed.

So all this brings up the great issue of the protection of civil rights, it concerns us, and therefore: how can the Council of Europe act to ensure that fundamental civil and human rights are respected and protected?

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:09:39

If I may say something to all colleagues in the assembly, please in the future keep yourself to 30 seconds. Maybe do the question before coming here because in the future I will be forced to cut at 30 seconds. I do apologize to do this because otherwise you're taking away time from other colleagues who now cannot have their question. So, please, all colleagues, in the future 30 seconds and that's it. Madam Secretary General, you have the floor.

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:10:05

Well, you know the region you are talking about is our neighborhood, but they are not members of the Council of Europe. So this organization is primarily concentrated on the 47 member states and protection of human rights, democracy, and rule of law in the remit of our work.

However, we do cooperate with this region through our South program and through our neighborhood program, and indeed with that we have good programs with Tunisia, some with Morocco, and we also have some work in the Middle East.

But actually, far from that, I think that our action can come when refugees come on the soil of our member states and there we must do everything possible to guarantee the protection of human rights for these people, because there are international treaties, but there is a European convention on human rights where we also need to protect.

When it comes to refugees we are particularly attentive to children and vulnerable refugees. And in that respect act we have developed quite a lot as to how to treat children when they are in this very difficult situation, and in particular when they are unaccompanied by an adult or parent with them.

So the Council of Europe does work in some areas that you mentioned, but mainly when there is such a situation on our soil. There is also I think the case law that was before the court where also when our citizens of the member states of the Council of Europe are outside of the Council of Europe they are also deemed to respect the convention provisions regarding human rights. So this is how we can help that.

I know that the Parliamentary Assembly is attentive to this situation, that there is or will be the debate this week also on the situation of children who are coming back from this region and coming from the families that were from the terrorists origin. So all that is the concern for us, but primarily once we have this on our territory.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:13:08

Thank you.

Now we have Mr Martin POLIAČIK for the Alliance of Liberals and Democrats for Europe.

Mr Martin POLIAČIK

Slovak Republic, ALDE, Spokesperson for the group

16:13:13

Thank you very much.

I only have two short questions, Mr President.

Madam Secretary General, I'm glad to hear about reforms that are meant to make the Council of Europe more effective. But before you became Secretary General, you talked about the need to prevent and fight corruption inside and around the Council of Europe. Where the any concrete steps taken?

And the second, are you prepared to seize the Venice Commission over the proposal in Russia which might put internal law over the international one and was proposed by Mr Putin?

Thank you very much.

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:13:48

Sorry, can you repeat the second one?

Mr Martin POLIAČIK

Slovak Republic, ALDE, Spokesperson for the group

16:13:51

Are you prepared to seize the Venice Commission, to ask the Venice Commission over the proposal in Russia, thanks to which there might be the internal law put over the international one, like Mr PUTIN proposed last week?

I was trying to be as fast as possible.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:14:11

Madame Secretary General.

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:14:13

Thank you very much.

Well, thank you for raising the reforms because as I mentioned in my speech reforms are really, really very important. They are ongoing and I think apart from doing new things, what is very important is to continue implementing what was already decided and what needs time to take place for. So in general for reforms this is my stance: do everything which hasn't being tackled yet regarding, among other things, also efficiency of our work, and how we organise our work internally, but also to implement the reforms that are in course.

For corruption. Yes, corruption was a very, very important theme during last year of the campaign. I know that especially this Assembly, but the organisation as a whole, has suffered for the corruption that happened and that took a while to be investigated. And I know also that there was a back report which clearly put some duties on Secretariat to investigate but also, and in particular, I will insist on that, in the Parliamentary Assembly, GRECO gave - if I'm not mistaken - 10 or 11 recommendations, which are in line, according to what I remember, quite much in our national legislations what we do, so it is important to see also how much we followed this.

But let me first tackle what was done on the level of the Secretariat of the house, which is primarily my role. Since that has been happening there is a lot that has been done, from e-learning of what fraud may be, to recognise a certain situation, or the corruption. The ethic officer was included and actually our, I think, one of the members of GRECO Secretariat also can be a person who can be seized to ask advice whether there is a corruptive case or something like that.

So there are things that have been made and recently we discussed on the level of the Secretariat, high-level meetings that we have every two weeks, that because at the beginning of each year all the staff needs to pass to this e-learning, including myself. So I did it when I came in and I did it again in January. And it's a really very serious tool to make you aware of and understand what can be the situation in which you can recognise the fraud or you can report the fraud or corruption and so on.

Inside the organisation, we have also the department for internal oversight. So they are reporting to the Secretary General but also to the Committee of Ministers. So they are doing really very serious job and we are expanding. And my colleagues, when we talked about this e-learning obligation - because it takes at least 30 minutes to go through if you are very fast, up to more than that - and it doesn't let you move unless you do it, so it's really done in a very serious way. And it seems that really it pushed staff to think about these things more and to ask for advice where they think if they found themselves in this situation. Of course if there is corruption or fraud, there is enough evidence to pursue that. There are different parts of the organisation including the DIO that can work on that. This is on the level of the organisation.

For the Assembly itself, of course, the Assembly has its own rules and procedures and I think that on the level of the Assembly would be good to see whether a code of ethics or something similar can be introduced. The cases that were in the Parliamentary Assembly showed that on the level of organisation, we don't have a body to deal with that, if I can compare to, for instance, the European Union that has OLAF. So we don't have that and I'm not sure that we could afford to have that or that we would need because OLAF deals with much more complex and bigger issues but still I think we should reflect how to forward, how to think, how to link what we have in national level. If we talk about this Assembly, you all come from national parliaments, so your primary responsibility for this, I think, lies within your national parliaments, but of course, it can be reflected upon more, whether we should do more inside this house or in particular when it concerns this Assembly.

Now for your question for the Venice Commission. My information, but I was not all the time able because of other meetings, I was not at all times here... I understood that the Parliamentary Assembly already asked, or decided to ask, the opinion of the Venice Commission, so one part of the organisation is enough to ask for that. I think it is good and I come back to what I reply in my first answer. I did, in my communication to the Committee of Ministers, in larger terms expressed my concern and warning over this issue because it's not only one country that sometimes has this questioning of supremacy of international law and our court judgements and the European Convention of Human Rights over the national. So I think it was the right time but also because of the issue announced.

Of course, for Russia, we don't know what that will entail, it's only announced so it will be preempted to react on that but I think it would be good to seize and as Parliamentary Assembly body has decided, I think it is a good way to proceed, but in general there is a clearer obligation of all member states and there is a clear provision in Vienna Convention of 1969, where it's clearly said that the national treaties are above the national legislation when they are ratified by national parliaments. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:21:51

Thank you.

Lord Alexander DUNDEE for the European Conservatives Group and Democratic Alliance.

Lord Alexander DUNDEE

United Kingdom, EC/DA, Spokesperson for the group

16:21:57

During the United Kingdom's chairmanship of the Council of Europe a few years ago, local democracy and cross-border cooperation formed key priorities. The Council of Europe's international conventions remain key facilitators.

Commercial and cultural partnerships between different cities and regions are increasing. Currently I'm assisting proposals for these which within the United Kingdom involve the city and region of Inverness and the city of Dundee. And within Croatia, the cities and region of Zadar and Dubrovnik.

Madam Secretary General would you support such actions to enhance local democracy and prosperity in Europe through direct cross-border partnerships between different cities and regions within Council of Europe states?

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:22:47

Thank you. Well, you know that we very often talk about the Committee of Ministers and Parliamentary Assembly, not so often about the Congress of Regions and Local Authorities. I think there is a body within our system that really sums up and deals with the implementation of the Charter of Local and Self-Government. I think that we have a really perfect body. Very seldom organizations of our kind do have that. Or at least I don't know that others do have that at all. So we have this congress that really does  excellent work because, as meant in your plea for doing more in the Council of Europe, democracy starts at local level.

Certainly, we are well equipped with the Congress, supporting the Congress. We also made some, you know, when we were discussing the budget, there was a particular, because when people participate in the work of the Congress, they sometimes cannot use all of our official languages. There was pressure for us to allow the budget for the Congress to also encompass as many people as possible to come.

We made an effort. I personally did it to engage on that to really allow more people to come here from the local level to work with us on implementation. Of course, the Committee of Ministers on its side are also very attentive to the work that is done on implementation of the Charter of Local and Self-government. They assure that this is actually put into practice.

On different levels in the organization we certainly do care that the Charter is properly implemented and that our Congress can have a role. We really, as was mentioned for different bodies, and also our Congress goes when, for instance, local elections are in question. They do go there and if they are asked, they monitor. I think they bring really very important information to us. They also equip us with the possibility to engage with the member states if their assessment is that local level elections were not done properly.

So my answer is we need to do more and engage with the Congress through the Committee of Ministers but also as a secretary general I would be prepared to do that.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:25:39

Mr Petter EIDE for the Group of the Unified European Left.

Mr Petter EIDE

Norway, UEL, Spokesperson for the group

16:25:43

Thank you very much, Mr President.

Secretary General, you took over us as Secretary General after a very critical historical time, after five years of conflict with Russia.

My question to you actually is what kind of concrete steps would you take to normalise the work of the of the Assembly? Because this conflict has taken a lot of attention from our work.

And what kind of concrete steps would you also take to bridge this conflict between the member states?

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:26:16

Secretary General.

Ms Marija PEJČINOVIĆ BURIĆ

Secretary General of the Council of Europe

16:26:18

I think I said it but I will repeat.

For me it's very important that this Assembly meeting has all 47 delegations present here. I think this is already showing that here we are discussing together and have ensured that rights and obligations of all our member states are fully accepted.

If you ask me from my side, because part of this crisis was also of financial nature and there was a delay or non-payment from the Russian Federation partly for 2017, 2018 and 2019, I can now inform you that all what was due as annual contributions was paid. However, the interests of late payments remain, which amounts to 8.8 million euros. Of course, according to our regulation this is due and this is indisputable. It needs to be paid as well. But I think the fact that these annual contributions were paid really allowed the Committee of Ministers to, among other things, that was not the only thing of course,not to do further cutting. Because as the director of financing would say, during the last couple of years we had reached the bone. There was nothing more to cut. If we had needed to continue to cut, that would have seriously endangered the work of the organisation and we would certainly have needed to fire people. Even without this, we lost 15% of our budget because of zero nominal growth and, I think, up to 15% of our staff over last 10 years. Imagine in an organisation where we have expertise, people, actually knowledge, who are the main assets and the main source that we have, if you lose 15% that's quite a lot, not to mention that in the last 5 years we haven't been recruiting new people. That will also be visible in the future because some generation now will be just not there because we didn't recruit.

There are different ways. I think that together at the table together discussing we can better do our job. Our job is to ensure peace, as our statute says, through dialogue and the work. I like what the President of the Assembly said in his introductory speech referring to somebody else's speech. Do we want a perfect Europe or a better Europe? I think we are here to make a better Europe. We are not perfect, even not for some things in our most advanced countries.

We are together here. The Council of Europe is primarily there to assist countries in meeting their standards. Some have bigger problems. Some have almost no problems but everyone has some. I think that together here we can really work better for that because it was a good reason why this organisation organization that celebrated its 70th anniversary last year was created after the Second World War.

We are here to work together through dialogue and I think that can be best done if all 47 of us are around the table discussing things.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:30:44

Thank you Madam Secretary General.

It's 16:31. Unfortunately we have to close the questions.

I do wish to share with all of our members that I will look into the working methods in order to in the future try to find a way for more colleagues to be able to put their questions via to the Secretary General or other people addressing the Assembly.

Thank you very much, Madam Secretary General. We now must conclude the questions that we had on her behalf.

Thank you very much.

Colleagues,

The next item of business this afternoon is the debate on report titled Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations. Document 15024 presented by Mr Frank SCHWABE, I don't see him yet, n behalf of the Committee on Political Affairs and Democracy.

So where is Mr Frank SCHWABE?

Could anyone who sees Mr Frank SCHWABE...  I see him now.

Thank you Mr Frank SCHWABE for joining us.

Debate: Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:32:33

As my French colleague Mr REISS had told the Secretary-General, it is good to speak in both languages. There is a beautiful expression in French that says "Le beau monde se fait attendre."

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:32:44

Thank you, Mr Frank SCHWABE for being here.

It will be presented by Mr Frank SCHWABE on behalf of the Committee on Political Affairs and Democracy.

In order to finish at 18:45, it was 18:30 but we got a lot of amendments, so we'll extended to 18:45, unfortunately, I will interrupt the list of speakers at about 17:50 to allow time for the reply and the vote.

If colleagues who intervene would please stick to 3 minutes or even little bit less, that will allow more people at least to express their opinion on the report.

Now I call on Mr Frank SCHWABE the rapporteur. You have 13 minutes in total, which you may divide between the presentation of the report and the reply to the debate.

Mr Frank SCHWABE, you've got the floor.

Mr Frank SCHWABE

Germany, SOC, Rapporteur

16:33:32

Distinguished President,

Ladies and gentlemen,

It is not easy if you sit there to reach this area here, but I'm here.

The Council of Europe faces a lot of challenges, but it's not the Council of Europe alone.

There are a lot of international organisations who have a lot of problems due to what we call a crisis of multilateralism. I think what we should always know is that it's not a crisis of the institutions. It's a crisis of some countries who would like to be members of an institution but don't want to follow the rules and don't want to stay with the values of the organisation. It doesn't mean make sense to discuss it for very long. We have to find answers in our organisation. I think we are on the way to finding those answers and to create those answers.

On the surface, but just on the surface, there was a debate about Russia and aggression of Russia towards another country or other countries. But in the end it's more. It's about more. It's a general question on how to deal with some countries who don't act in line with our values and our rules in this organisation.

The report we are debating today is a result of a process which started two years ago when the Assembly's ad hoc Committee on the role and mission, chaired by Mr Michele NICOLETTI bringing together all heads of national delegations, chairpersons of committees and political group leaders, concluded that it was necessary to develop synergies and provide for joint action by the two statutory organs in situations where a member state violates the statutory obligations. Joint action by the two statutory organs and the Secretary General of the organisation rather than unilateral decisions can strengthen the organisation's ability to react more effectively in such situations and increase the credibility and impact of any decisions and measures to be taken. This will be done without prejudice to each organ's separate powers and responsibilities. As you know, and a lot of you know, we have discussions about it. How we deal in the future with all the sanctions we have. Now we have, I think, a quite balanced report, and it's very clear what we discussed and what we decide today is complementary to what we have already.

We designed the main idea about a joint response procedure last April when we adopted the report on the role and mission of the Assembly prepared by Mr Tiny KOX. The Helsinki ministerial decision one month later gave the necessary political impetus and set the basis for further talks between us, parliamentarians and representatives of our governments in different formats and different levels under the Finnish and then the French presidencies. We finally started talking to each other much more frequently than in the past. This allowed us to arrive today with proposals which, to a large extent, coincide with those being discussed and so far largely agreed by the minister's deputies. Really we create, we use it and sometimes crises are quite good to use it and to develop the organisation. We have a much better spirit now of collaboration between the different bodies and organs of the organisation. We should keep on going and using this.

While there have always been possibilities for our Assembly and the Committee of Ministers to act separately in cases of serious violations by member states of their statutory obligations, the new procedure will create, for the first time, historically, a framework for joint action to address such situations. There's agreement on two fundamental issues: Initiation and decision. The Assembly will have new powers as it will be able to initiate a process which can ultimately lead to a decision by the Committee of Ministers to suspend or exclude a state from the Council of Europe. I always would say we have already more possibilities and more power as an Assembly in this organisation, the Council of Europe, than in any other organisation where you have a parliamentary part. We strengthen our position more, for sure, with this process.

The Committee of Ministers will have the last say. This clear as well. Right from the beginning they'll have the last say on taking such a decision under Article 8 of the Statute.

The report serves two main purposes. On the one hand it draws the basic principles and the various steps of the joint procedure. In so doing it follows closely the draft decision by the Committee of Ministers as the ultimate aim is to reach a common agreement between the two statutory organs. The procedure aims at ensuring compliance by the member state concerned. Compliance with the obligations and principles of the organisation through constructive dialogue and cooperation. It is designed to be of an exceptional nature complementary to existing rules and procedures applying only to the most serious violations of the Statute. We had a discussion in the Committee about it. It means Article 3 and its preamble, without being necessary to make a specific list of such possible violations. It can be initiated by any of the two statutory organs or the Secretary General. It requires the active involvement of the member states concerned in all stages of the process and provides for a strict time frame fixed for each step.

The Secretary General has also a significant role to play. In particular, in drawing up a road map providing for concrete actions by the member state within the agreed deadlines. On the other hand, if the report defines the internal procedure the Assembly will apply it to initiate the joint complimentary procedure. In this respect it wants to avoid any attempt to manipulate the initiation of the procedure on political grounds and provides for a high threshold for tabling a motion for this purpose. To strengthen the legitimacy of the decision by the Assembly to initiate the procedure, as this decision will also engage the Committee of Ministers and the Secretary General interaction, and will also have consequences for the state concerned, it proposes a double majority. The relevant recommendation will have to be adapted by a majority of two-thirds of the votes cast and a number of votes in favour equivalent to at least one-third of the total number of members of the Assembly authorised to vote.

The report tries to draw a fair balance to show that the Assembly is taking its responsibilities under the new procedure very seriously without making it practically impossible to ever use it. We have to really know that we get new power but we have to act in a responsible, in the most responsible way with this new power.

I think the report is quite balanced and I think it shows a lot of consensus with the Committee of Ministers. It was hard work to reach this. Because of this I already would like to say that I don't accept amendments that would try to change the balance in this report and who I think are normal in line with the position of the Committee of Ministers. On the other hand, if we adopt this report today, I don't see any reason why the Committee of Ministers has foreseen, should not decide very soon as well, so that we finish our plan to have this procedure prepared very fast and very soon.

I would like to thank, for sure, all those who have worked on this report, CHATZIVASSILIOU Despina responsible SMSs and messages we have to use to prepare this. I would like to ask all the delegates, all the different delegations especially those from Ukraine and Russia, I know it's a very different situation and it means a lot to you. In the end it was difficult but inthe end I think we made it. With a minimum of respect for each other and respecting the mechanisms we have and how we deal things here in this room and this hemicycle all together. I would like to ask the ambassadors for a very fruitful dialogue and, for sure, the presidency of Finland, of France and now of Georgia to work on it. I look very forward to the debate.

Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:42:27

Thank you Mr Frank SCHWABE. You've got four minutes and four seconds left.

Let's get into the debate. I recall all of you it's three minutes maximum. If you could do with faster that would be good because then we could allow more people to intervene.

First on the list is Mr Oleksii GONCHARENKO for European Conservatives Group.  You've got the floor.

Mr Oleksii GONCHARENKO

Ukraine, EC/DA, Spokesperson for the group

16:42:46

Thank you very much. Thank you very much, Mr President.

Extremely important moment, extremely important report. I feel that our organisation is on the absolutely wrong track now and we can change it now during this report hearing. Why am I saying that we are on the absolutely wrong track? Just several examples. We commemorate the victims of the Holocaust, and at the same time and at the same day, well elect an anti-Semitic Vice President of the Assembly.

We questioned the democracy in Poland and we don't question the democracy in Russia. We say that we are adopting their procedure in response to a serious violation by a member state of its statutory obligations and at the same time, we're making these procedures so difficult that it's more real to hear how the statues in the park around our building are speaking then to fulfil all these mechanisms. Just to start, the first motion should be signed by more than 120 people. How many of us are there now in the hemicycle? How many? How can more than 120 signatures be collected? It's only the beginning. All this procedure will take more than nine months. Sorry, in this time, a person can give a birth to a child. More than nine months! If we have a real crisis in Europe, what will we do with this mechanism?

So it's a hypocrisy when we like to say that our organisation is a watchdog for democracy, human rights and rule of law. Sorry, who needs a watchdog which cannot bite, which cannot bite, but can only lick? It's not called a room dog, it's a room dog. By the way, PUTIN likes room dogs and we know this. But I don't want our Assembly to be a room dog of any dictator, including of PUTIN's. I want to see our Assembly as the nightmare of any person who is against democracy, rule of law and human rights.

One hundred and two years ago, in 1918, on this day, 400 Ukrainian students came to struggle for Kiev in the fight near Kruty against the Russian army, which was coming. They weren't 4 000, they were 400, and they fought to the death because they fought for values. People gave up their lives for values. People are giving their lives today for values and our organisation, we should defend these values. Now we are just selling it. Selling it for dirty money. So I ask all of you, let's change this mechanism. Let's make it real. Real mechanisms for us to punish those who are aggressors. Impeachment of aggressors doesn't work. History taught us about this.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:45:47

We will now go to the second speaker. Mr Tiny KOX for the Group of the Unified European Left.

Mr Tiny KOX

Netherlands, UEL, Spokesperson for the group

16:45:54

Yes, sorry to say Mr President, but let me first say that I'm disappointed that if this is the position of the European Conservatives, I'm quite shocked because also the European Conservatives were involved in this process. I never heard that this was the position but Mr Oleksii GONCHARENKO speaks to us on behalf of the group. I hope that we get some clarification on that because this is the uniqueness of the proposal now made by our colleague, Mr Frank SCHWABE. This is a process in which we finally co-operated in the Parliamentary Assembly and with the Committee of Ministers, with the national governments, and therefore I want to thank Mr Frank SCHWABE and also the Political Affairs Committee. I also want to thank the Committee of Ministers, the Chairs of the Committee of Ministers from Finland, from France, from Georgia and the Deputy Ministers, how they were involved in this process to overcome an almost existential crisis that lamed this organisation.

I have the idea that we are successful. I want to thank Mr Michele NICOLETTI. He was the one who introduced the need that welcomes synergy between the governmental part and the parliamentary part. I want to praise our former President Liliane MAURY-PASQUIER, who showed wisdom and courage to take this Assembly by the hand and to say we have to overcome our problems and we have to do it together with the Committee of Ministers.

I do not have, Mr President, much to add to what our rapporteur Mr Frank SCHWABE said because this is an ongoing process. When I originally proposed this joint new mechanism in April, the Assembly adopted it with 3/4 majority. That was a good start but the start needed also a finish. I think in the report by Mr Frank SCHWABE there is a mechanism that really can work. For the first time ever, let us realise that, colleagues, for the first time ever, the Committee of Ministers trusts the Parliamentary Assembly to hand over some of its power to us. For the first time, this Assembly will be able, in case of a blatant violation of the statute by a member state, to trigger the procedure that could eventually lead to the exclusion of a member state. Let us cherish the fact fact that the Committee of Ministers was prepared to do that and that the Assembly was able to take that responsibility. What it will bring in the future? Let's wait and see. As the rapporteur made it clear in his report, the goal of the new mechanism is not to get rid of member states, the goal of the mechanism is to get member states back on track so that they deliver on their obligations and commitments.

Once again I'm most happy that today we will, hopefully, decide with a large majority to accept the proposal made by our colleague Mr Frank SCHWABE. Then we need still some consent from the Rules Committee and, of course, of the Committee of Ministers. I hope that they will be able to decide in the same line as we are now proposed to decide on the proposal of Mr Frank SCHWABE.

Once again compliments to the rapporteur. Compliments to the Assembly.

Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:49:13

Thank you.

Now we go to Mr Aleksander POCIEJ for the Group of the European People's Party.

Mr Aleksander POCIEJ

Poland, EPP/CD, Spokesperson for the group

16:49:22

Thank you, Mr Speaker,

Let me say a few words in French. I was speaking from the bottom of my heart, and it is quite rare for one Group Chairman to speak publicly in favour of another, but I wanted, from the bottom of my heart, to pay tribute to the work done by Mr SCHWABE.

I acknowledge that he really wanted to make his report, this mechanism. He contributed a lot. He wanted to do something that would work well. I have no doubt that Mr SCHWABE is acting in good faith with regard to what he has just proposed.

Mr Aleksander POCIEJ

Poland, EPP/CD, Spokesperson for the group

16:50:24

Let me switch to English because now I'm going to speak about different things.

I do not share the uncritical enthusiasm towards this mechanism of Mr Tiny KOX.

The road that has led us to this report, this proposal, was very long and painful. The new procedure currently on the table is a fruit of the biggest crisis that this Assembly has gone through in its 70 years of history. Was that proposal somehow a screen to hide behind, or the price to get the majority and to give to that majority the reason to unlock the gate of this Assembly for one delegation? In my opinion, yes. Is this procedure the way to strengthening our Assembly? I must answer, yes.

So, if you disconnect this new mechanism from its tricky origins, you can welcome the initiative. You may doubt if a poisoned tree can bear the healthy fruit. It seems to me that, in this particular proposal, this is possible.

For some time, there has been neither cooperation or understanding between the three organs of the Council of Europe. Since a long time the Committee of Ministers and the Parliamentary Assembly have found themselves taking contradictory positions. Since we started working on this new mechanism we started communicating between our two organs.

Sure, I cannot tell you, dear friends, whether this mechanism is going function or not. I have some doubts. But at least we have, for the first time, a possibility to start a joint action. Since this complementary decision keeps all the possibilities that we use to have in the past, I must welcome this initiative.

Thank you

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:52:58

Thank you. Next speaker on the list is Ms Selin SAYEK BÖKE for the Socialists, Democrats and Greens Group.

Ms Selin SAYEK BÖKE

Turkey, SOC, Spokesperson for the group

16:53:04

Thank you, Mr President.

Dear Colleagues, 

We are clearly at times of change and such times do require that institutions take steps to govern that change. Institutions are nothing but a set of rules that define incentives. When incentives change, so do outcomes. And this joint procedure is exactly such an attempt. It attempts to change the incentives so that the outcome that we've so far observed actually changes. Hence, I think it deserves enthusiasm, with caution, but definite enthusiasm. An effective incentive structure that protects and promotes our core principles is much needed, it's in our mandate. Our current menu of instruments has shown to have its limitations. Clearly, we have to complement and extend our existing instruments to enhance the effectiveness and to enhance the credibility of our own institution.

As such, I commend the effort and the complementary nature of this joint procedure. The ultimate aim of the instrument is to ensure we keep our democracy, rule of law and human rights family strong and growing. More and more states are slipping away from these core principles. As an institution that represents the people of our member states, it is of critical value of an of utmost duty to give the people the voice and the power they deserve when we are dealing with the outcomes of decisions of the ruling elites in our member states. This is about giving voice to the people by making it a joint procedure. Therefore, I commend the report and the effort.

At a time when unilateralism is rising, reaching out to each other saves the very valuable multilateralism which has brought peace to our continent. I commend this nature of the effort we are putting forth. This mechanism is not about members leaving. To the contrary, it is about keeping our family united. Not just to have dialogue around a table, but rather to have a constructive dialogue that's going to change the outcome of being a member here when it comes to bringing back member states who violate their statutory obligations. The mechanism takes these into account and is meticulously designed. The high thresholds necessary to initiate the process will ensure there is large consensus, it will ensure political gaming doesn't override values. Having a set timetable will enhance enforceability and foreseeability, that's credibility. A clear road map would create accountability as well as ownership. And we are the ones who will decide what to make of this mechanism. Therefore, whether or not to be enthusiastic will depend on what we do in setting the precedences. So, I strongly commend the effort and I congratulate the rapporteur, and anybody who was part of this, to putting multilateralism before unilateralism, rules before discretion, institutions before individuals, people before the rulers and content before political gaming.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:56:18

Thank you. We'll now have Mr Michael Aastrup JENSE on behalf of the Alliance of Liberals and Democrats for Europe.

Mr Michael Aastrup JENSEN

Denmark, ALDE, Spokesperson for the group

16:56:23

Thank you, Mr President.

On behalf of the Alliance of Liberals and Democrats for Europe group this is also a very important time where we now have a chance to end a year-long debate, and especially to give us an instrument to handle a case as severe as the one we've been debating for years. Namely, that a country goes in and attacks and occupies a part of another member state. But also to give us an instrument where we will not only be solo in our sanctions, but also in line with both what the Committee of Ministers and the Secretary General as well could do.

Therefore, we think it's important to also highlight some issues that we believe are important. Firstly, that our Assembly should be as involved as possible in this process. We believe it's important that there also be a transparency perspective. That is also important, meaning that when there is a vote in the Committee of Ministers, it should of course be completely open for everyone to see how the ambassadors have voted. Also, this process should be up and running as soon as possible.

I'm glad that the rapporteur also stated this today. Why is this important? It is very important because in the last 48 hours one member country, meaning Russia, has tried now to put the grain in the machine and try to postpone the instrument to take place. They are now travelling around European capitals and trying to steer up support that we should postpone this instrument from taking effect. They're now showing their true face. I've been in so many meetings where we have been guaranteed but every member country that now we should have something up and running, now the time for action should take place. And what does Russia do 48 hours before we have this debate? They go the complete opposite way. This is not in line with the promises that have been made also from Russia's side and we from this assembly should say a complete no to this circus that they are playing right now.

We should also make sure that we also have an instrument that we as members of parliament back home should be able to have a debate with our foreign ministers before the debate takes place in the Committee of Ministers. That would give us a chance to also have the debate with our colleagues back home as well. That's also very important. And then, the process should also re-inforce the trialogue between the Parliamentary Assembly, the Committee of Ministers, and the Secretary General.

So all in all, if we can send the strongest possible signal today, but also at the joint Committee meeting tomorrow, that we will not accept any more hesitation from Russia, then we could be as strong as possible, and therefore we still could have some action from our side. I hope we can all stand united.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

16:59:34

Thank you.

Now, if you wish Mr Frank SCHWABE rapporteur, if you wish to reply you can do so at this stage but I recall you've got 4.04 minutes and you can only take four minutes, so that will leave you with four seconds. I think that's probably not enough at the end of the debate.

So now we will call on the speakers who are inscribed. First on my list is Ms Ingjerd SCHOU from Group of the European People's Party. You've got the floor. Three minutes please.

Ms Ingjerd SCHOU

Norway, EPP/CD

17:00:03

Thank you Chair.

Dear colleagues,

After years of internal difficulties which have prevented us from focusing on our mandate, monitoring and safeguarding the human rights of 800 million citizens in the Council of Europe's member states, it has been reassuring to follow the Assembly's good work on this complementary joint procedure. The discussions and deliberations have been held in a constructive tone.

I encourage everybody to continue along this line, also in today's debate.

I am equally pleased to note the good cooperation between the Committee of Ministers and the Assembly in this process. The principles and the practical arrangements, as outlined in the draft resolution, show the two statutory organ's respect for each other's role and mission.

I would like to commend both our President, the current and previous chair of the Committee of Ministers, and the two secretariats for their efforts.

Years of internal struggles have taken a toll on our organisation, and it is now important that we take steps to rebuild the efficiency and credibility of the Parliamentary Assembly and the Council of Europe.

Adopting Mr Frank SCHWABE's well written report and draft resolution is an important step in this regard, and I encourage you all to vote in favour of the resolution.

By doing this we will enable the two statutory bodies of the Council of Europe to have a better and more coordinated response in situations where member states don't fulfil their obligations.

President, I do recognise, and understand, that some members are critical and still have doubts.

That being said, I don't think it is possible to achieve a perfect or flawless procedure. If we are to make this new procedure a valuable and efficient tool, we depend on political will, and a constructive approach.

I would like to end by thanking Mr Frank SCHWABE for his efforts, and by encouraging you all to make sure we continue this important process. An important step on the way to rebuilding the efficiency and credibility of the Council of Europe.

Thank you.

Ms Lise CHRISTOFFERSEN

Norway, SOC

17:02:53

Mr President, dear colleagues,

In June 2018, this Assembly discussed the Nicoletti report, prepared on the background of a changing European landscape, unfortunately not to the better. On the contrary, we faced severe geo-political confrontations, even war between member states of the Council of Europe, and a growing lack of political will to respect and implement the judgements of the European Court of Human Rights, both among newer, as well as founding member states of this organisation.

Three months later, we discussed the final report of our former colleague, Ms Petra DE SUTTER. One part of the discussion was the need to harmonise the rules and improve the cooperation between the Committee of Ministers and the Parliamentary Assembly, not in order to challenge each other's competences, but in order to make the Council of Europe more efficient in protecting human rights. We should never lose sight of that. That is why we are here.

In this perspective the report of Mr Frank SCHWABE ought to be hearty welcomed and approved by all members of this Assembly. The primary aim of the suggested step-by-step procedure, in which both the Committee of Ministers, the Parliamentary Assembly, the Secretary General, as well as the member state in question, are going to take part, is to establish a constructive dialogue in situations when member states seriously violate their obligations and commitments to human rights, democracy and rule of law. The purpose of such a dialogue is to restore the respect for human rights, avoiding sanctions if possible.

From time to time, the use of sanctions has been a subject of debate in this Assembly. We have seldom agreed, and instead ended up in not very fruitful debates. This way we risk the danger of escalating the conflicts instead of solving them. Our primary task is to protect our citizens, and I believe dialogue, not sanctions, is the best way to do this.

Membership of the Council of Europe is voluntary. However, it is not a menu from which member states can pick and choose, according to their own wishes. Member states do undertake certain obligations. Therefore, it is regrettable that some member countries are still under monitoring procedure after approximately 20 years of membership. Two member states have even gone in the wrong direction, back under monitoring. Let us hope this new joint procedure in the future will help all of us move in the right direction.

Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:05:38

Thank you.

I now call on Mr José CEPEDA, you've got the floor.

I do not see Mr José CEPEDA.

May I recall that if you're not in the room when it's your turn I will not give you the floor afterwards.

Then we call on Mr Edmon MARUKYAN, Alliance of Liberals and Democrats for Europe.

Mr Edmon MARUKYAN

Armenia, ALDE

17:05:55

Thank you.

Dear colleagues,

I will begin my speech with the statute of the Council of Europe Article 1: "The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress. This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms", end of quote.

I emphasise a common joint action. The joint response procedure is based on the most fundamental principles of the Council of Europe. Violation of statutory obligations, failure to comply with the fundamental principles and values of the Council is a blow to the entire Council of Europe system. So, the answer to such action should have a more solid legal basis. Credibility, effect, significance, validity and synergy. These can only be achieved with the involvement of the entire system of the Council of Europe, namely PACE, the Committee of Ministers and Secretary General. It's obvious that the new mechanism should think out the smallest detail in order to exclude the possibility that it will become an instrument for solving narrow political problems or for dealing with undesirable delegations, which at some point became such.

In general, I believe that the proposal and recommendations from the Committee on Political Affairs and Democracy are of compromise and objective nature for all participating countries. I am sure that the two-party response procedure is the most effective way to ensure adherence to the Statute and Principles of the Council of Europe in a spirit of cooperation and compromise.

So, dear colleagues, I would like to end my speech with the words of Martin Luther King slightly changing them, "we must learn to act together as brothers or perish together as fools."

Thank you so much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:08:01

Thank you very much.

Now I call on Ms Dzhema GROZDANOVA. Is she in the room?

No.

Then we move on to Mr Barna Pál ZSIGMOND. Mr Barna Pál ZSIGMOND?

You have the floor.

Mr Claude KERN

France, ALDE

17:13:43

Thank you, President.

Dear colleagues,

I would like to thank our colleague Mr Frank SCHWABE for the quality of his very comprehensive report on the complimentary joint procedure between the Committee of Ministers and the Parliamentary Assembly in the case of a serious violation by a member state of its statutory obligations. I would like in particular to welcome the proposals he makes with regards to the internal procedure in our Assembly with the view to triggering a joint procedure.

I approve of his wish to appoint once and for all the Committee that will be in charge of triggering the procedure in order to provide for stability and a reliable doctrine. This is clearly in line with our will to ensure the credibility and enforceability of this procedure.

The option of entrusting this task to the Committee on Political Affairs and Democracy also seems a natural choice given its mandate but also given its composition and, in particular, the fact that all the group leaders are ex officio members of it.

I share his analysis with regard to the need of making a clear distinction between the new joint procedure, which will be exceptional and limited to the most serious violations, and the monitoring procedure which should not be jeopardised. We should not be weakening existing instruments which operate well.

I also approve of the fact of ruling out the possibility of an urgent procedure debate and also the idea of providing for a double majority. I think that all of these features will contribute to making the launching of this procedure credible and indisputable. The same concern applies for the preparation and adoption of the road map describing the steps to be followed. This two-fold credibility regarding the triggering of the procedure and the content of the road map should enable us to entertain a constructive dialogue with the state concerned with the view of avoiding a negative outcome for that state, for our organisations and for the values we defend.

I will therefore be voting in favour of this resolution.

Thank you.

 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:15:51

I now call Mr ZINGERIS.

Mr Emanuelis ZINGERIS

Lithuania, EPP/CD

17:16:01

Thank you, Chairman.

And I would also like to thank Mr SCHWABE for the incredible work he has done so well in recent years. Mr Tiny KOX's work was a first step towards improvement to have what we are discussing today.

I think I have been in the Council of Europe in this room almost more than 20 years. I remember, ladies and gentlemen, Mr SCHWABE, when we began a dialogue with the European Union and with the European Parliament, and we would like to be heard in Brussels and for our reports to be incorporated there, and that did not happen; more or less, we made an effort. It was a huge effort right from the start.

Now, as I have already emphasised, there is an improvement thanks to Mr SCHWABE. But in the beginning it was to bring our parliamentary voice together with the executive, the Committee of Ministers and the Secretary General. This connection is most astonishing, and there is no way to compare where there is such a thing as a parliamentary assembly being linked to the executive and becoming a super-executive power like the secretary general. I don't know of any example in history since Jefferson where we are linking the parliamentary voice to an executive side. That is this tendency, and Mr SCHWABE, would you like to say here that it has now become softer? It's a recommendation, it's not as binding but I expect that.

I do not know why we are doing all this; in an emergency, when there is a major war or God knows what, which should not be in Europe, then our parliamentary voice would first have to be voted on; here in this Chamber. Our first voice, and later an executive, should be audible, and I am not so sure I want to support that direction. There is a big mistake in the amendments, and it is astonishing that we have not agreed to this, where in many cases colleagues have agreed, including Mr Oleksii GONCHARENKO, and others too. I see they're not accepted by the Committee on Political Affairs. In any case, Mr SCHWABE, I thank you for your work, but the direction is very, very wrong.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:19:35

Now I call on Madam Thorhildur Sunna ÆVARSDÓTTIR. You have the floor. Thank you.

Ms Thorhildur Sunna ÆVARSDÓTTIR

Iceland, SOC

17:19:44

Let me begin in German: I would like to thank the rapporteur most sincerely for his excellent work on this report, which is very, very important.

 

Let me say from the start that, of course, there is more work behind it. Tiny KOX was mentioned here but we must also mention, of course, our previous President Liliane Maury PASQUIER and also the previous Chairmen of the Committee of Ministers and others to whom one should be very grateful for this report and their work.

Anyway, thank you very much, Mr. SCHWABE, I am 100% behind it.

Ms Thorhildur Sunna ÆVARSDÓTTIR

Iceland, SOC

17:20:31

In terms of what this report actually means for our organisation, I think it is a fundamental, a foundational step for us. One step of many that we need to take so that the organs of this organisation can work more in unison, can have better cohesion, can work as one, together for our common values which are democracy, the rule of law and human rights. I think only that standing together other and creating this kind of combined procedure that we can all work on together, we can truly be represented outwardly as one. Therefore, it will strengthen the impact that our measures have on the world and on our member states.

I would like to briefly address, perhaps, the strongest criticism that I have heard of a procedural or technical nature regarding this proposed procedure, and that has to do with the time limit or the length of time, that we foreseen in taking this procedure, let's say, to its full fruition. And to that, I would simply like to respond that it is a huge step once we would decide if we were to decide to eject a member state and I think that does deserve time, contemplation and, in particular, it does deserve the attitude that, of course, from the beginning, from the outset, we expect our member states to want to redeem themselves, should this process be started. We have to have that as our starting point. I understand how we could have suspicions that some member states do not want to repair the functioning of their institutions, do not want to remedy the problems that they have, but we cannot from the outset, with this procedure, start with a starting point, where we say, you have no time to fix your problems. I think therefore it's very important that we keep this time limit in. I think it's quite important that we give some time for debate but also that we give the member state involved plenty of time to really come back to us and to really remedy what needs to be remedied.

So, I thank you all for your attention. I ask you to support this report and I hope that this will be one step of many for a stronger Council of Europe for all of us. 

Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:22:52

Thank you.

We now pass onto Mr Samad SEYIDOV.

Ok, there you are.

Sorry.

Mr Samad SEYIDOV

Azerbaijan, EC/DA

17:23:00

Mr President, thank you very much.

Mr Frank SCHWABE, usually we have different attitudes to some questions. But in this case Mr Frank SCHWABE I want to express my gratitude for your approach to this real very important problem, and I think crucial problem. Everybody knows in this organisation that we are within the crisis.

At the same time let me remind you that with this approach to the report we have to come to a moment which could either unite or divide us more. What do I mean? Representing itself as a protector of the European values, the Council of Europe sometimes threw all our members into turmoil of re-evaluating the role of the states within the organisation, which brought in the long-run suspicions of the efficacy of the organisation itself.

In every state there seems to emerge a movement of political force which tries to shape international relations of the country within its own values and national interests. We all are full-fledged members of the Council of Europe, and as a members of the Parliamentary Assembly of the Council of Europe which should think about the future of this organisation. But the overwhelming majority of the political forces within our countries prefer the national interest rather than international issues. It happens because instead of attractiveness, cooperation, dialogue and mutual understanding, new terminology of sanctions, pressure, humiliation and even insults have become a part of narratives.

History doesn't know an example of an international organisation which both exists for the states and undermines them. We saw a lot of treaties, blocks and organisations which vanished from the international stage when those who became their members have been disappointed by membership. That's why we should do our best for new, adequate, acceptable for all member states, procedures and create the rules which will bring us closer to each other. Sanctions, pressure, speeches that are undermining the states could lead us to the collapse rather than to find an appropriate way out from this crisis where we all are in.

Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:26:04

Thank you, Mr Samad SEYIDOV. I call on Mr Andrej HUNKO.

Mr Andrej HUNKO

Germany, UEL

17:26:07

Thank you very much, Mr President.

Mr President, I too would like to thank the rapporteur, Frank Schwabe, for this excellent report.

I would also like to thank, once again — as some people have already done, but I think it is important — those who have been involved in the process, starting with Mr Nicoletti, who started this brainstorming process two years ago, when we were considering how to get out of the situation. Also Mrs Maury PASQUIER and the others who were involved.

I believe that the current draft is really a good solution.

I myself am now celebrating my 10th anniversary as a member of this Assembly. In January 2010 I attended a meeting here, for the first time. For more than five of these ten years we have been dealing with the crisis caused by the conflict between Ukraine and Russia. Perhaps, the still inadequate mechanisms of the Council of Europe, led to the fact that we, here in the Assembly, had no dialogue at parliamentary level, and at ministerial level the work simply continued as before. This imbalance — there should actually be the other way round, yes; parliamentarians should be in dialogue much more than, perhaps, the government in some situations —, this imbalance had to be resolved, and I believe that the mechanism that has now been introduced with this report, by Frank SCHWABE, is a good one.

We actually have two things to resolve in this matter. On the one hand, we want to be the home, as it were, for all 47 member states. I hope that, at some point, perhaps all 48 member states will be able to discuss, to exchange views, where the exchange takes place. On the other hand, of course, we need mechanisms to make sure our debates here are serious: in the event of serious violations of human rights, in the event of serious violations of the Council of Europe's statutes. I believe that the report sums up both quite well.

Let me conclude by saying that I still believe in what Mikhail GORBATSHEV said here on June 1989: The perspective of a common house is Europe; a house, ultimately with Russia, with the EU states, with all member states. I believe that we should hold on to this perspective, and I believe that the solution that has brought us out of this crisis also maintains this perspective.

Thank you for your attention.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:29:24

I call on Mr Roberto RAMPI. Mr Roberto RAMPI? No? Okay, there.

Mr Roberto RAMPI

Italy, SOC

17:29:38

I apologize, Mr President, but I was working with a colleague and I was out of place.

No, I believe that the debate that we are trying to hold in these hours, in these minutes, is fundamental to the future of the Council of Europe. We've been over this several times already. I personally have been here for just over a year and this is already the third time that we have tried to reflect, in fact, on what our nature is, and consequently on what rules we must give ourselves to respond to our nature.

It has been said in the debate by several people, and I believe that the proposals that are being made are very effective from a practical point of view. But I think so and I make this assessment because I am convinced of the nature of this assembly. The nature of this assembly is not that of the teacher who has to draw the line of the good and the bad on the blackboard, also because if the day we drew the line of the good and the bad and wrote someone on the side of the bad, the bad, let's suppose, remained bad even the next day, then we would not achieve any result.

Instead, the function of this assembly is to create opportunities, moments of discussion, and we must decide whether we believe that the discussion serves any purpose. We are all parliamentarians and this is a parliamentary assembly, it is also the uniqueness of this international institution, of being an assembly of parliamentarians, who, while they remain in office in their countries and carry out the legislative function in their countries, find occasions, sessions in which they can confront each other.

Do we believe that parliament still has a function? Do we think parliamentary democracies have a function? Well, the function of parliaments is to debate, to confront each other and to bring out of that debate, out of that confrontation something new, that before the confrontation was not there. And that's what we have to do in this place. The contamination also occurs between the different Members of Parliament.

I said in a meeting with my group, quoting a great Italian politician from the past, he was an MEP, Marco PANNELLA, he was a visionary, a transnationalist, who needs to be convinced and not won. These were the words of Marco PANNELLA: "when someone wins, no one ever wins, when they convince, they win together, that is they all win."

And that is the strategy in my view that is contained in this proposal and the reason why I am convinced that we should all support it.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:32:32

Thank you. I call on Mr Leonid SLUTSKIY.

Mr Leonid SLUTSKIY

Russian Federation, NR

17:32:37

Thank you, President, 

President, 

Distinguished colleagues, 

I have here, in my hand, a decision taken by the Committee of Ministers on 17 May and this involved a way out of the systemic crisis that overwhelmed our organisation. Now, we know, that what happened then, was a situation which had arisen because of a completely illegitimate restriction of the rights of the delegation of the Russian Federation to participate in this Assembly. And you know what happened in this very Chamber? You know that we found a way out of the sanctions that had been opposed upon us and you know that as a result of that the credentials of the Russian Federation and its powers to participate in this body were fully restored. And here we are once again in this Parliamentary Assembly, which is a pan-European parliamentary structure and is the appropriate place for us to discuss issues together. We are now talking about a complementary joint procedure that would be used in response to serious violation of a member state of its statutory obligations and I want to remind you of Article 7 of our statutes, which again provides for certain provisions that can be taken against a state that is in such as situation. 

Sadly, however, thinking about the decision that was arrived at in the Helsinki Conference, we see that things have now been somewhat watered down in the text that is before us now. For that reason we have a number of amendments that we have put forward, I am very sad to say, that they were not endorsed by Mr Frank SCHWABE in the Committee. But I do believe that we have to find some way of thinking about what is involved in moving away from the decision taken in Helsinki because that it is the golden mean, that is the way that can take us all forward if we want to keep the Council of Europe as it is, that is to say, able to play the role, that is its rightful role, as we move into this new century. 

We know that this is a very significant report. This complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly must become the one and only mechanism that can be used in response to serious violation by a member state of its statutory obligations. The Assembly is shouldering an enormous responsibility as it seeks to ensure that we are able to go down that path, and sadly, this report does not fully comply with what had been achieved at Helsinki in that regard. 

For that reason, the Russian delegation cannot support this report. We, at the conclusion of our discussion, will submit an official statement from the Russian delegation and we believe that what is most important in our work is to grapple with these issues in the proper way and recognise that the place and the role of the Council of Europe in the future architecture of our continent in the 21st century must be preserved.

Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:35:49

I now call Mr Jacques LE NAY.

Mr Jacques LE NAY

France, ALDE

17:35:59

Mr Speaker, Ladies and gentlemen,

I want to thank our excellent colleague Mr Schwabe for the quality of his very comprehensive report on the joint complementary procedure between the Committee of Ministers and the Parliamentary Assembly in the event of a serious violation by a member state of its statutory obligations.

This subject has undergone major developments during the French Presidency of the Committee of Ministers and I am delighted that the French Secretary of State was able to transmit to President MAURY-PASQUIER last November a draft decision by the Ministers' Deputies which met with very broad agreement within the Committee.

As stressed last year in Resolution 2277 and Recommendation 2153 on the role and mission of the Assembly, there is an urgent need to create synergies and organise joint actions between the two statutory organs, in order to strengthen the organisation's capacity to act more effectively when a member state fails to fulfil its statutory obligations or does not respect the fundamental values and principles upheld by the Council of Europe. This instrument should make an important contribution to this and I welcome it.

The credibility and predictability of the new procedure will be key to its success. For my part, I would like to stress the need for responsiveness and the notion of reversibility, which are equally important. Of course, we will have to have a procedure that allows sufficient time for an in-depth dialogue with the Member State concerned, but we must not lose sight of the issue of effectiveness. These must be serious exchanges and not delaying tactics.

As regards reversibility, its principle is consubstantial with the objective of this procedure. It is not intended to sanction a state, but to ensure respect for the values and principles we share. Monitoring of the implementation of the road map defined following the joint high-level mission will therefore be essential and must involve all the bodies concerned: the Committee of Ministers, which will be responsible for the exit decision, but also the Secretary General and the Parliamentary Assembly. I am therefore sensitive to our rapporteur's suggestion that the eventual exit decision should be taken after consultations with them.

I shall therefore vote in favour of this resolution, which I believe will establish a balanced and effective procedure.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:38:37

I call on Mr Egidijus VAREIKIS.

Mr Egidijus VAREIKIS

Lithuania, EPP/CD

17:38:46

Thank you, Mr Chairman.

We are talking about the complementary joint procedure. I have to say to Mr Frank SCHWABE my congratulations. It's a very nice paper, a very nice document. It's really the masterpiece of manipulation of different legal things.

So we created really a very nice thing, a very nice mechanism. We are all saying it will be very much applicable for the future but I have doubts. I think it will never work. It will never work for two reasons. One reason because it's too complicated practically. Another reason is that we really don't need any mechanism.

I sometimes have the idea that the Council of Europe is an organisation which is working according to rules. Sometimes, maybe, yes. But when the rules are violated in a very serious manner, we are saying, 'Okay, let's change the rules'. I think we have enough means, enough instruments to solve our problems. But instead of solving our problems, we decided to invent new rules, a very complicated and very nice mechanism. We think that it will be okay. The last very interesting discussion we had yesterday.

When we are dealing with the countries under monitoring procedures, very often we are saying if you don't know how to behave, go to the Venice Commission. They are very clever people, they will say. In the case of Russian credentials, we also decided to refer to the Venice Commission, and the Venice Commission sent a very serious paper saying, but really there is a serious reason not to ratify the Russian credential. When we raised this problem in the Committee on Rules of Procedure, Immunities and Institutional Affairs, I heard, sorry, this young man. This is a political decision. We understand. But the Venice Commission is only, only, only, only, only a consultative organ. We have the political decision.

We always have the opportunity to say what is the political decision. Next time when something wrong happens, maybe we will decide again to invent a mechanism, but it's a more simple procedure to say it's the political decision stupid. So I am stupid. I know what the political decision and this mechanism is, of course, very nice. Let's approve it if you want. It will be only a decoration over there on the shelf of the Council of Europe.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:41:42

I call on Ms Christiana EROTOKRITOU.

Ms Christiana EROTOKRITOU

Cyprus, SOC

17:41:47

Thank you, Mister President.

Dear colleagues,

I would like, first, to thank the rapporteur, Mr Frank SCHWABE, for this well-written report that lays down a step-by-step process aiming at bringing in line, through the adoption of a common mechanism, a member state that has breached its statutory obligations.

Without prejudice to the competences of the Secretary General, the Parliamentary Assembly, and the Council of Ministers, which all have their own code of conduct and procedure, agreeing to a common approach in order to effectively manage and bring a member state back in line is in theory a very good exercise as it requires extensive consultation, solid recommendation, and concerted action.

However, and as we have already witnessed in the near past, in practice this exercise is much more difficult and is always dependent on the political dynamics in place at a particular point in time.

We all want to avoid the situation in which the Parliamentary Assembly is fundamentally at odds with the Committee of Ministers. Equally important is to consider at all stages the repercussions of a breach of fundamental principles and values of this organization's credibility and future mission, although there may be different interpretations among the statutory organs as to how best to react to a particular situation.

Let us not forget that reaching a consensus is in itself a particularly difficult task among 47 member states with diverging views and interests. I believe we already have at our disposal the monitoring procedures in this assembly that is crucial in this respect. Over-regulating this process is indeed the most worrisome consequence we may face in adopting this report and establishing a common mechanism.

Luckily, an exit strategy for the member state concerned is envisaged at every stage of this process and this is extremely important. I suggest we insist on flexibility and continue to work on simple and quick procedures without complicated and difficult to achieve prerequisites and procedural impediments.

Depending on the political context it may be preferable to allow time for additional dialogue and reflection. Setting the machine in operation may exert unnecessary pressure on the member state concerned and this may jeopardize further whatever political process is already underway.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:44:05

Thank you.

I call on Mr Serhii SOBOLEV.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

17:44:10

Thank you, Mr President,

I only can understand the feelings and senses of Mr Frank SCHWABE when he opened the Helsinki document of the Committee of Ministers and our rules and procedures. How we can unite on this? And all our discussion about this? It's not a discussion about sanctions because if a country is not a member of this organisation, it's excluded from this organisation. What sanctions can you do towards this country? It's more about how to divide the process of excluding a country and the process of how to do everything in order to return this country to democratic values and the values of this organisation.

When we analyse all resolutions and all amendments we can divide them into pieces. If nine months, you can count this very easily. We'll start it at the beginning to the process of excluding of the country, even for the most horrible things. Europe can be conquered in this nine months. So, I think that all propositions, the different delegations proposed to do this process more realistically, is very important. As well we can open the main propositions of the Russian delegation. We will never finish this process even in 10 years. But it's not the main one. The main one is that they proposed not using this mechanism for everything that worked, even yesterday. So, forget everything.

I think that we need to find some middle and I propose how to do this. Amendment 17 just divided two main things: Article 7, Article 8, Article 9, please read the Helsinki document of the Committee of Ministers. It's not according to this procedure. Article 10, 11 also are another procedure. All the others belong to this special procedure. We will not have a problem about how to divide in future. For example, the death penalty is a serious violation, of course. It's a serious violation because it's just in our statute. For example, aggression against other countries, is it a serious violation or not? It's a question for our votes, so I think that we need to do the main work, to divide the main things. How should we do this process? Because to read, what is the name of this declaration? It's really a special procedure. It's not usual. We can't use this for some political meaning. So please, watch this once more, and if we can divide this, I think it will be some real progress on this report.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:47:23

Thank you.

I call on Mr Giorgi KANDELAKI.

Then I call on Mr Tibor BANA.

Mr Tibor BANA

Hungary, NR

17:47:39

Thank you, Mr Chairman.

Dear colleagues,

I had a speech at the Cossack meeting in December about the rule of law mechanism. In that speech I have set out several points which I'm very pleased to see in this report. At this moment there are very few tools available for the European Union and the Council of Europe to deal with cases where a member state fails to fulfil its obligations or deviates from our common values.

Our process is too slow, bureaucratic and unpredictable. An important aspect is that punishing a member state by withdrawing resources from them is not the solution. As I said earlier, it is in our common interest for our member states to develop, to have a strong economy and social welfare. This is the only way we can remain competitive in the global space. Fortunately, this aspect is repeated in the report and is an important element of it.

I'm also pleased to see that there is a strong emphasis on deadlines and the so-called road map would also be introduced. All of these greatly contribute to the predictability and planability for both the institutions and the member states which can increase the likelihood of a consensus on different issues.

However, there's one thing that we don't talk about but I think it's worth mentioning. This is the responsibility of the political groups. In my opinion, when a governing party in a member state deviates from the values of our community and seriously violates EU standards and European standards, we need to remedy this situation. In the past few years our community has faced many challenges and this will increase in number in the coming years. Global climate change will bring us unpredictable challenges and many experts are predicting an economic crisis as well. For all these reasons it is inevitable that we have the tools that will deliver results in the foreseeable future which are transparent and can be applied fairly. We cannot allow our internal debate to weaken us.

Thank you for your work, Mr Frank SCHWABE, and thank you for your attention, dear colleagues.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:49:50

Thank you, dear colleagues.

Now we will interrupt the list of speakers.

The speeches of members on the speaker's list who have been present during the debate, but have not been able to speak, may be given to the table officer publication in the official report.

I remind colleagues that typewritten text can be submitted electronically, if possible, even desirable, but no later than 4 hours after the list of speakers is interrupted. So, the list of speakers is concluded.

Now, I call on Mr Frank SCHWABE, who has 4.04 minutes to respond.

Mr Frank SCHWABE

Germany, SOC, Rapporteur

17:50:25

Merci, Monsieur le President.

Vielen Dank and thank you very much.

For sure, I would like to thank all of you who contributed to the discussion for all your comments.

Maybe I'm not allowed to say it, because it was on camera, but nobody acted against the recommendation of the Venice Commission because Mr VARAIKIS mentioned it. I just wanted to clarify that.

For sure, we are not in easy times and what you describe is the reality of Europe and the reality we have to face. And we are in a situation where we have to take this reality and have to try to find the next steps to deal with the situation. And, for sure, I would like to thank -- and you mentioned it several times -- those who take responsibility in this situation. Because to sit down and to just to watch and to do nothing is not an alternative.

You mentioned Mr Michele NICOLETTI, you mentioned Ms Liliane MAURY PASQUIER, and some governments and some ambassadors who take action and bring us at the end to the result of this day today, where I hope that the broad majority -- a big majority -- will support this report. Because it would be an important signal as well, and to the Committee of Ministers to follow us in a few days.

Again, I think we should not overestimate our organisation. For sure not. We know we have limitations; we have restrictions. In some of our countries, most people don't really know our institution. On the other hand, I think we give a little bit of an example to other international organisations, that we can try to do something to overcome a crisis, at a minimum, to deal with a crisis: to find new answers, to find new ways when you are in a kind of dead-end and you don't know how to get out of this.

Mr Emanuelis ZINGERIS, you spoke about the question, 'How can we act in the future?' Again, it's complimentary. I understand that even the Russian specialist delegation doesn't like it, and I have concerns if it's useful it the end. It questions credentials on substantive grounds. I always thought about what it will bring us, but we have it still with this report. And when we decide on this report and follow my recommendations on how to deal with the amendments, you still have this possibility.

But we saw in the last months and years that it was not really successful if one part of this organisation acts in a way, maybe the other part of the organisation in the majority doesn't like it. And it brings us into a kind of institutional crisis. And when would we like to be successful? And for sure it's more difficult maybe to get a kind of agreement; the majority is to act.

But if you would like to have an impact, and if you would like to have an impact on the country, and to say 'Yes, we would like to discuss. We would like to find solutions with you', but we are an organisation of values, and when we don't act anymore on the same basis of values, then we have to show you a way to find out of the situation or we have to say one day, 'Sorry, you cannot be a member of this organisation anymore because you undermined the values so much that, at the end, those values are not really valuable for the other countries'.

And there we are, and we try just to find such a procedure in an imperfect world and we will not change everything overnight. But let's try to address these challenges we have.

I hope that everybody understands, some mentioned countries, that this is kind of a bridge. For sure, to have new answers for the future, but it's a bridge as well for some countries, and please use this bridge. And I will be one of the first who asked for this new procedure to use it if I have the feeling that some countries don't take it seriously. And 'serious' means to fulfill the judgment of the court. And to take it seriously means to let rapporteurs into the country, to be open to all our institutions and follow all those rules.

Again, I would be very happy -- not because my name is nice -- but I'm just representing others who worked on it. But I think it would be a very good signal for the future of the Council of Europe, for the future of this PACE, and we would like to give -- I think we should give a strong signal to the Committee of Ministers.

Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:55:49

Thank you.

Does the Chair of the Committee wish to speak?

You have the floor. Three minutes.

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on Political Affairs and Democracy

17:55:55

Mr President.

Dear colleagues, thank you very much. I do not want to go into the details of the report but I want just to remind us once again about the starting point, about the objectives and about what we have been able to achieve.

I think we committed to build a more robust mechanism that would enable us to act in conjunction between the Committee of Ministers and the Parliamentary Assembly in cases of severe violations of core principles of the Council of Europe. We wanted to do this together. We wanted to bring our institution together and we wanted to deliver that on a very ambitious timetable.

I think a lot of people in April, when we discussed the Cox report or in the context of the Helsinki decision of the Committee of Ministers, doubted that we would achieve that in the timetable that we had set ourselves to get here by January 2020.

I can only say that we're here today. We have a report that hopefully will be supported not only by strong majority not only in the Committee on Political Affairs and Democracy but also in the Assembly as such and with that being reflected in the decision making of the Committee of Ministers.

I think this has the potential to strengthen our institution and it has the potential to be used effectively in the future. If we remind ourselves about the key objectives, the objectives of some may be that there should be a shortcut to sanctions. The ambition by others may be that this should be almost impossible to ever trigger. I think both of them are unrealistic. I think we created something very balanced that is serious that should only be used in serious circumstances but that has the potential to be effective. It is not designed as a shortcut to sanctions but it is mainly intended as an objective to solve the problems and bring all member states back into compliance with the principles of this organisation. I want to thank all those involved starting with the Tiny Cox report, with the De Sutter report in June, with what was done in the Committee of Ministers and in conjunction between its bureau and leaders of our political groups and the president.

I can only modestly say that we as the Committee on Political Affairs and Democracy accompanied this process very constructively. We were only called upon in November to a meeting in Berlin to finalise that report. Thanks to Mr Frank SCHWABE and other's work who were able to approve that already in the December meeting in Paris and deal with all the amendments this week.

I think we have delivered our part as the Committee on Political Affairs and Democracy for this. As you may appreciate this mechanism also puts the Committee on Political Affairs and Democracy in a key position of this process going forward as one of the bodies in the Assembly to take main responsibility if we approve that. We are prepared to do that and we will procure that as swiftly and efficiently as we have dealt with this report.

Many thanks.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:58:54

Thank you, dear colleagues.

Now we'll move to the amendments. The Committee on Political Affairs and Democracy have presented a draft resolution, to which 32 amendments have been tabled. They will be taken in the order in which they appear in the compendium. May I remind you that speeches on amendments are strictly limited to 30 seconds.

I call now on Ms Yelyzaveta YASKO to support Amendment 21. You have 30 seconds.

Mr Akif Çağatay KILIÇ

Turkey, NR

20:27:28

(Undelivered speech, Rules of Procedure Art. 31.2)

"Debate: Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations"

Dear President,

Dear Colleagues,

The complementary procedure is of utmost importance for the legitimacy and credibility of the Council of Europe. Therefore, it should be designed to ensure that no one can cast a single doubt over the impartiality of the procedure. In this context, I would like to thank the Rapporteur for addressing this important matter in a comprehensive manner.

First of all, the new procedure should be used as a last resort, after every possible mechanism in the Council of Europe is exhausted. This will guarantee that the mechanism is not misused to exert undue pressure on the concerned country. As seen from previous well-known examples, the Council of Europe’s purpose – and even existence – would be compromised if the dialogue with a member state is suspended due to unwarranted pressure.

Secondly, the complementary procedure should not be based on perceptions fabricated by seemingly powerful actors in the Assembly. This is a must for preventing the Assembly from becoming captive to ill-intentioned circles, thus turning the Assembly into a forum for their bilateral contentions with other Member States. To that end, I welcome and support the provision that renders it impossible to initiate complementary procedure under urgent procedure. Furthermore, I appreciate the requirement of a double majority, which will ensure the legitimacy and credibility of the procedure.

The establishment of complementary procedure is essential for addressing what happens if a member state does not comply with the fundamental values of the Council of Europe. As members of this august body, we should treat this subject with commensurate diligence and a sense of responsibility. We must ensure the robustness of the procedure as well as its impartiality, without compromising even an inch on either ends.

Last but not least, I hope the complementary procedure will help to restore mutual trust between member states by means of a transparent and democratic process, in which all parties are heard and all concerns are seriously considered.

Thank you for your attention.

Ms Mariia MEZENTSEVA

Ukraine, EPP/CD

20:27:28

(Undelivered speech, Rules of Procedure Art. 31.2)

"Debate: Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations"

Dear President,

Dear Vice Presidents,

Dear honorable delegates!

Recently, statements about the need to reform the international institutions that were created after World War II have been growing. Much time has passed, the world has changed, the balance in international relations has changed, and these changes continue. The Council of Europe, set up in 1949 as a stronghold of democracy, rule of law and the protection of human rights, cannot stay out of these processes. In particular, the Parliamentary Assembly, on which we are currently located, has evolved from a consultative body to a serious international institution, with an activity that is considered worldwide and has acquired some tools to address current issues in the areas identified in Article 3 of the Statute of the Council of Europe.

I want to thank the rapporteur who mentioned that it’s a complementary procedure to all existing procedures. We are open to a real discussion with strong arguments. We not only have to be kind-hearted but also brave. We ASK TO SUPPORT, at least, technical amendments 17 and 18.

We are all united in one goal: to keep Europe democratic, free and strong, where human rights and the rule of law are the most important and strict commandments for everyone. The recent Assembly decisions, unfortunately, show otherwise. Together we must find a solution to the current situation to prevent the destruction of Winston Churchill's idea: 'We cannot aim at anything less than the Union of Europe as a whole, and we look forward with confidence to the day when that Union will be achieved,' said Father of Europe, Winston Churchill.

Ukraine, Moldova, Georgia: this is the incomplete list of countries that, like no others, understand the importance of revising the European social compact concluded between peoples in the 20th century. Our Assembly needs to seriously consider what we do, what rules we set, and what punishment would be most appropriate for those who agreed to these rules, but knowingly or not knowingly violate it.

Let's call a spade a spade. Member states that attack common values, commit acts of aggression or crimes against humanity, these states grossly violate common order, destroy faith and confidence in future security for you. Let's think about our decisions; money does not stink, but a guilty conscience is a self-accuser.

Let's make Europe strong again!

Vote: Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

17:59:25

Dear colleagues, thank you.

On behalf of Ukrainian delegation I want to stress that we are here to defend the statute of the Council of Europe so in the amendment that we propose, number 22, I'm asking to insert the following words, "as enshrined in the Statute of the Council of Europe". Because we believe that all the procedures should go in the spirit of the Statute of the Council of Europe.

Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

17:59:54

Thank you.

Does anyone wish to speak against the amendment?

What is the opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the Committee on Political Affairs and Democracy

18:00:02

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:00:04

I shall now put the amendment to the vote.

The vote is open.

The vote is closed.

We will now see the result. Rejected.

I now call Mr Leonid SLUTSKIY to support Amendment No 4. You have 30 seconds

Mr Leonid SLUTSKIY

Russian Federation, NR

18:00:35

Thank you, Mister President.

Bearing in mind that in the Committee of Political Affairs, Mr Frank SCHWABE refused to support any of the amendments tabled by the Russian Federation, we withdraw all our amendments: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15. All of these amendments are withdrawn.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:01:13

Does anyone wish to support amendment 4? Although this was withdrawn.

No? Then it is withdrawn. 

I call Mr Leonid SLUTSKIY to support amendment 5.

This was also withdrawn. I wasn't listening to the Russian. I do apologise; I was busy looking into my text. So it is withdrawn.

I call him Mr Leonid SLUTSKIY to support amendment 15. Is this on the table?

You have the floor, Mr Leonid SLUTSKIY.

Mr Leonid SLUTSKIY

Russian Federation, NR

18:01:38

I will continue in French to explain it to you once again: we are going to cancel all the amendments of the Russian delegation.

Amendments Nos 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15: all amendments are deleted.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:02:02

Thank you very much, Mr. SLUTSKIY. This will allow us to work a little faster, that's very nice.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:02:11

Amendment number 15 is withdrawn.

The next one is also, amendment number 6 is withdrawn.

Then I call on Madame Yelyzaveta YASKO to support amendment 22.

Ms Yelyzaveta YASKO.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:02:26

Yes, dear colleagues, we propose to delete the following words and avoid imposing sanctions as we believe that keeping it into the text would provide a potential perpetrator with a feeling of impunity. Therefore we call to delete this from the text.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:02:45

Does anyone wish to speak against? No.

The opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on Political Affairs and Democracy

18:02:49

Against with a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:02:51

The vote is open.

The vote is closed

May I see the result?

Not carried, rejected.

I call him an Ms Yelyzaveta YASKO to support Amendment number 24.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:03:18

Yes, thank you.

We propose to delete the following words of an exceptional nature because there is no explanation of what an exceptional nature means. What cases? We don't have an explanation, so we believe it's dangerous to keep it there.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:03:34

Does anyone wish to speak against?

Committee?

Mr Andreas NICK

Germany, EPP/CD,

18:03:39

Against with a large majority. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:03:40

I put it to the vote.

The vote is closed.

Not carried. Rejected.

I call on Mr Serhii SOBOLEV to support his amendment number 17.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

18:04:05

The advantages of this amendment that I call to support on my speech. Why? Because this amendment gives us just the same as in the Helsinki session of Committee of Ministers. It's in the first item that we can't use in the political meaning such serious procedure as excluding of the country from the Council of Europe. So, we want to say just directly what we can do and what we can't do.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:04:37

Does anyone wish to speak against?

Opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD,

18:04:42

Against by large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:04:44

The vote is open.

The vote is closed.

Results.

Not carried. Rejected.

I call on Ms Yelyzaveta YASKO to support his amendment number 23.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:05:00

Yes, thank you.

This is again a technical amendment. We propose to include "the Statute of the Council of Europe" because we believe it's important to stress the Statute of the Council of Europe in every amendment. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:05:14

Anywone wish to speak against?

Mr Frank SCHWABE?

Mr Frank SCHWABE

Germany, SOC

18:05:19

Okay, I don't want to make it too long. Just to use the opportunity to say that, most of the amendments, really don't change very much.

But I think that, to keep the balance, and what we discussed with the Committee of Ministers, we voted against.

Later, a little bit later, we come to some substantial amendments and then I would like to speak.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:05:41

The opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD

18:05:43

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:05:45

Open the vote.

The vote is closed.

Results: not carried, rejected.

So, I call on Ms Lesia VASYLENKO to support amendment 31.

Ms Lesia VASYLENKO

Ukraine, EPP/CD

18:06:02

Most of the amendments which are proposed by the Ukrainian delegations are actually intended to limit ambiguity, ambiguous reading of the new complementary procedure.

This procedure is complementary, thus it should not impeach on any of the existing procedures, and there's already a comprehensive list of remedies and instruments which can be used. They are prescribed in the statutory documents and these should be listed in this resolution if this new complimentary procedure is to be applied and is to be a working procedure.

Thank you.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:06:37

Anyone against? Committee?

Mr Andreas NICK

Germany, EPP/CD

18:06:40

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:06:42

Vote open.

Vote closed.

Results: not carried, rejected. 

Ms Lesia VASYLENKO, for Amendment 30.

Ms Lesia VASYLENKO

Ukraine, EPP/CD

18:06:56

So again, similarly to the last one, the point of the new complementary procedure is to improve the efficiency of the organisation and this is why it is crucial that the NCP shall fall strictly in line with the letter and spirit of the Statute of the Council of Europe. And also the statutory organs should not have their mandate in any way diminished. Thus, we call for clarifications as in all of our previous amendments and this is why we insist on this amendment as well. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:07:25

Anyone against? Committee?

Mr Andreas NICK

Germany, EPP/CD

18:07:27

Against by a large majority. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:07:28

Vote is open.

Closed.

Result: not carried, rejected.

Mr Leonid SLUTSKIY's amendment is withdrawn. Number 7. Okay this falls.

I call on Ms Yelyzaveta YASKO to support Amendment number 25.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:07:52

This amendment specifies, but doesn't limit to which violation shall the procedure apply, and it also clarifies when this procedure can be used, in what situations. In the past, in the present and in the future.

We ask to support this amendment. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:08:07

Anyone against? Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:08:11

There was an amendment before, it was drawn from Mr Leonid SLUTSKIY, and it was about the definition as well, when we should use this procedure.

I can imagine about what we speak, about the illegal annexation of Crimea, but I think we will never find a hundred per cent definition on what we refer to. We will always have a concrete debate about the question of what is the concerned situation, so I think we should not try to give a kind of definition now.

We will see case by case what we have to do, so I'm against it.

Mr Andreas NICK

Germany, EPP/CD

18:08:51

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:08:53

Vote is open.

Closed.

Result not carried, rejected. 

I call Ms Lesia VASYLENKO to support amendment number 29. 

Ms Lesia VASYLENKO

Ukraine, EPP/CD

18:09:07

Colleagues,

Wording is very important in documents of such nature and the wording used "resolving the situation" is too much of a broad term, which can lead to further violations rather than the rectification of a situation. For example, if one country gets annexed by another country, there is no need to look for creative and new solutions to the situation. All that is needed is that the situation be returned to the status quo and that the true legitimate authority be re-established. I really must insist that the wording be used as precisely as possible so that no ambiguity, again, and no abuse of this new complimentary procedure may take place. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:09:48

Thank you. Against? Committee?

Mr Andreas NICK

Germany, EPP/CD

18:09:50

Against by a large majority. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:09:52

Vote is open. 

Closed.

Result not carried, rejected. 

I call on Mr Oleksii GONCHARENKO for amendment 20.

Mr Oleksii GONCHARENKO

Ukraine, EC/DA

18:10:07

Thank you.

This amendment is about the number of signatures needed for the motion for beginning this procedure and now it is one-fifth of the whole assembly, which is more than 120 delegates, and you can see that even now are voting only 150 but instead of this, 30 members like for the challenging of credentials on substantial grounds. Certainly, we're not a tribunal but we should not be a "Hyde Park" too.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:10:48

Against? Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:10:51

This isn't a substantial amendment. As I explained before, we thought for very long time about figures, numbers, quorum, etc. I think it is a balanced proposal we made and with this amendment it would mean it's very, very easy. We would see a lot of use of this to trigger this procedure and this is not right. Some others make other proposals in the other direction, I rejected them as well.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:11:20

What about the Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:11:22

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:11:24

Vote is open.

Closed.

Result not carried, rejected. 

I call on Ms Yelyzaveta YASKO for amendment 26.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:11:43

Thank you.

Well, we propose to replace the words "at least one fifth" with the following words "at least one tenth".

Because there is already a procedure that is working, that is one tenth, if we want to dismiss the President of the Assembly.

So we should use this procedure here too. This number. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:12:05

OKAY.

 Who wants to speak against? Because someone wants to reject me... Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:12:10

It is about the same. It would be too easy to trigger such a procedure, so I'm against this amendment.

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:12:18

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:12:19

The vote is open.

The vote is closed.

I call for the results.

Rejected.

Mr Leonid SLUTSKIY's amendment is withdrawn. 

I come now, again, on the amendment of Ms Yelyzaveta YASKO, number 27.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:12:42

Thank you.

Well, we believe that the "double majority" that is currently in the text is almost impossible to be implemented. So, we suggest to have the following words: "a majority of two thirds of the votes cast".

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:13:00

Against Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:13:02

I think it's a very balanced proposal to have this double majority, so I think we should reject it.

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:13:11

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:13:13

Vote is open. 

Closed.

Not carried. Rejected.

I move on. 

Amendment 16, Mr Barna Pál ZSIGMOND.

Mr Barna Pál ZSIGMOND

Hungary, EPP/CD

18:13:34

Yes, thank you.

We suggest that in the draft resolution, paragraph 5.4, to replace the words: "equivalent to at least a third" with the following words: "equivalent to at least half". We think that the proposed wording would better reflect the exceptional nature of the new complementary procedure that would be used in response to the most serious violation by a member state to its statutory obligations. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:13:57

Against.

Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:13:59

This is an example from the other side of the Russian delegation, withdraw another similar amendment. This would be too high in my view and I think it could give an opportunity for misuse, so I'm against it.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:14:16

What's the opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:14:17

The Committee are against by a large majority. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:14:18

Vote is open.

Closed. 

Not carried. Rejected.

We go to amendment number 19, Mr Oleksii GONCHARENKO.

Mr Oleksii GONCHARENKO

Ukraine, EC/DA

18:14:42

Thank you.

My proposition is to change "double majority" to "simple majority". It is the same. This procedure, this complementary procedure is impossible to realise. Impossible absolutely. And it's clear when you are reading all the steps which should be taken to realise it. So let's make it a little bit more realistic or are we really becoming just a pan-European "Hyde Park"? Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:15:12

Against.

Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC

18:15:14

Sorry to say but it's far away from impossible. What you propose here means that maybe nine people are in the room and then five vote in favour and four against. Then you have the majority and start this kind of procedure. I think no, that makes no sense, so I'm against it.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:15:31

Thank you.

What's the opinion of the Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:15:33

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:15:35

The vote is open.

The vote is closed.

I call the results.

It's rejected.

Now, I come to the amendment by Mr Leonid SLUTSKIY, which is withdrawn. Another amendment by Mr Leonid SLUTSKIY, which is withdrawn. Mr Leonid SLUTSKIY's amendment 12 is withdrawn. Number 13 is withdrawn.

I call on Mr Tiny KOX, with amendment number 1.

Mr Tiny KOX

Netherlands, UEL

18:16:10

Thank you, Mr President.

This amendment proposes to rephrase in paragraph 6.2 the words: "otherwise it will move to the second step of the procedure" with the following words: "in any event, the Committee of Ministers should decide on moving to the second step of the procedure no later than four weeks after having consulted the Assembly and the Secretary General". The goal of the amendment is to make it more precise and to ensure that once started, we move and decide on the clear time frame. Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:16:45

Does anyone wish to speak against?

The Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:16:51

In favour by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:16:52

The vote is open.

The vote is closed.

Adopted, so the amendment is adopted.

I call on Mr Tiny KOX to support amendment number 2.

Mr Tiny KOX

Netherlands, UEL

18:17:14

Mr President, in the amendment that we just adopted we try to ensure that Committee of Ministers takes its decisions in time.

This goes for the Assembly that we take our decisions in time. Therefore, we propose replacing paragraph 7.2 with the following paragraph: "The Committee on Political Affairs and Democracy acting on behalf of the Assembly will consider approving the road map at a meeting which immediately follows the submission of the text by the Secretary General" so as to avoid our havingto wait three months.

Thank you very much.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:17:47

Does anyone wish to speak against?

The Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:17:50

In favour by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:17:51

The vote is open.

The vote is closed.

Adopted. Amendment number 2 is adopted.

I understand that Mr Tiny KOX wishes to withdraw amendment number 3. Does anyone else wishes to support it? No one. Then it's withdrawn.

I call Mr Stefan SCHENNACH to support amendment number 32.

Mr Stefan SCHENNACH

Austria, SOC

18:18:16

With this amendment we want to underline that for the progress report the bureau will take the expertise from all relevant monitoring and advisory bodies also from the office of the human rights commissioner, and last but not least from the Committees of our Assembly.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:18:37

Anyone wishes to speak against? Committee

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:18:40

In favor by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:18:42

The vote is open.

Vote closed.

Carried.

So the Amendment number 32 is adopted.

I call Ms Yelyzaveta YASKO for Amendment 28.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

18:19:00

Dear colleagues,

This is a technical amendment again.

We refer to the Statute of the Council of Europe, which provides the values and the principles of our work here. So we believe it should be mentioned there. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:19:14

Who wishes to speak against?

Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:19:16

Against by a large majority.

 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:19:17

The vote is open.

The vote is closed.

Not carried, so not accepted.

Mr Leonid SLUTSKIY's number 14 has been withdrawn.

I call Mr Serhii SOBOLEV for amendment number 18.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

18:19:39

Thank you.

This amendment makes it impossible to change our rules that we will adopt now if they are not in a comparison with Helsinki Act of the Committee of Ministers. So I think it will be a direct thing that I proposed in the previous amendment. Thank you. 

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:20:01

Thank you.

Anyone against?

Committee?

Mr Andreas NICK

Germany, EPP/CD, Chairperson of the committee on political affairs and democracy

18:20:05

Against by a large majority.

Mr Hendrik DAEMS

Belgium, ALDE, President of the Assembly

18:20:08

The vote is open.

Vote is closed.

Not carried. Not accepted.

Dear colleagues, we will now proceed to vote on the draft resolution contained in Document 15024 as amended.

The vote is opened.

The vote is closed.

The resolution is adopted. Thank you.

The debate is closed.

Thank you.

I would like you before starting the debate on the Russian credentials which will be presided over by Mr Andreas NICK, I should inform the Assembly that the Council of Europe Commissioner for Human Rights, Ms Dunja MIJATOVIĆ, will intervene at the urgent debate on international obligations concerning the repatriation of children from war and conflict zones tomorrow morning. The Commissioner will be with us tomorrow morning during this debate.

I think this is a great opportunity for all of us to really get into that debate.

Thank you.

May I ask Mr Andreas NICK to come up here for the next debate, thank you.

Can everyone please take their seats?

Debate: Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation|According to Rule 8.3 of the Assembly’s Rules of Procedure

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:23:32

Ladies and gentlemen,

This afternoon we'll have a debate on the report from the Monitoring Committee regarding the challenge to credentials on substantive grounds under Rule 8. The Assembly will then decide this afternoon on the challenge.

I remind you that members whose credentials are challenged may sit provisionally with the same rights as other Assembly members. The report is entitled Challenge on substantive grounds of the still unratified credentials of the parliamentary delegation of the Russian Federation, document 15050, presented by Mr Tiny KOX on behalf of the Monitoring Committee. There was an opinion in document 15054, presented by Mr Alvise MANIERO, on behalf of the Committee on Rules of Procedure, Immunities and Institutional Affairs.

In order to finish by 8.30 p.m., I will interrupt the list of speakers at about 7.50 p.m. to allow time for the reply and the vote.

I call Mr Tiny KOX, rapporteur, to present the report. You have 13 minutes in total, which you may divide between the presentation of the report and reply to the debate.

Mr Tiny KOX

Netherlands, UEL, Rapporteur

18:24:44

Thank you very much, Mr President.

Dear Colleagues,

This Monday the credentials of the Russian delegation were challenged on substantive grounds. In line with Article 8.3 of our Rules of Procedure, the Monitoring Committee was seized for a report on this challenge. The Monitoring Committee elected me as its rapporteur and I therefore now have the honour to present you a resolution adopted by the Monitoring Committee, as well as an explanatory memorandum on the matter.

As always, the Secretariat of the Committee provided me with the best possible assistance for which I thank them, and Agnieszka in particular, very much. Mr President, without such a dedicated staff, this Assembly would not be able to function properly.

The comments that you may remember last June when the then-presented credentials of the Russian delegation were challenged on substantive ground, the Assembly decided by a large majority to ratify these credentials. Since then, our Russian colleagues are back in our Assembly, as they should be, according to the resolution we adopted here last April, that all national parliaments of Council of Europe member States should send a delegation to this Assembly according to our Statute. As all governments of member States are obliged to participate in the work of the Committee of Ministers, the Assembly then also called to have a report of the Monitoring Committee on the honouring of the obligations and commitments by the Russian Federation at its earliest convenience.

Mr President, on the basis of these clear decisions of the Assembly in April and June, I saw it as my main task to check, whether in the past six months, things have happened which would justify not to ratify the Russian credentials now, in January. I did not see it as my task to draft a kind of pre-monitoring report, as that is clearly the mandate of our co-rapporteurs on Russia.

In the resolution, that the Monitoring Committee presents to you, it is proposed that you the Assembly invite the Monitoring Committee to present the full-fledged monitoring report as soon as possible because we are in dire need of that.

Mr President, my conclusion which was supported by the Monitoring Committee is that in the past six months we did not see a serious deterioration with regard to Russia which would justify not to accept their credentials at this moment. On the contrary, I noticed that in the past six months since Russia returns, the Monitoring Committee was finally able to resume its work with regard to the Russian Federation and organise a number of relevant hearings, which will be taken into account by our co-rapporteurs in their preparation of the monitoring report. You will find a reference to these hearings and to those who participated in them in my memorandum.

The Monitoring Committee concludes that the Russian delegation has cooperated well with the Committee as was requested by the Assembly when ratifying the Russian credentials last June. The Committee also concluded that in the past six months some other recommendations of Resolution 2292 have been addressed by the Russian Federation; in particular, the release of all detained Ukrainian sailors. Furthermore, a so-called prisoner swap between Russia and Ukraine took place in which, amongst others, the well-known Ukrainian filmmaker Mr SENTSOV was involved.

A very important positive development, Mr President, was the decision of the presidents of Russia and Ukraine to finally talk to each other in order to seek solutions to the huge problems that exist between their countries. Thanks to their statesmanship, I think it was possible to get a so-called 'Normandy Four' talks restarted in which also the President of France and the German Bundeskanzler participated.

As one of the results, a big prisoner swap between Ukraine and the so-called People's Republics in the east of Ukraine could take place, which led to release of a lot of people. Another important result of the Normandy Four meeting in Paris was that some progress could be made in disengagement of armed groups and a ceasefire -- although still very, very fragile -- could enter into force. A new prisoner swap is under preparation according to Ukrainian President ZELENSKY.

To mention one last result, during the meeting of the Minsk group, it was agreed between Ukraine and Russia and rebels in the east of Ukraine to organise local elections in the Donbass area under the condition that they would be organised on the basis of Ukrainian legislation.

Mr President, in June, when ratifying the Russian credentials, the Assembly also called upon the Russian Federation to pay all its contributions to the Council of Europe. The Managing Committee concludes, on the basis of information of the Committee of Ministers, that this now has been done.

Furthermore, Mr President, there have been visits of the Assembly President and some of our rapporteurs to Russia and, hopefully, our Council of Europe Human Rights Commissioner will soon be able to visit the Russian Federation, which is also very much needed.

Mr President, when challenging this Monday, the Russian credentials Mr Emanuelis ZINGERIS referred to the ongoing legislative process with regard to the constitutional amendments currently underway in the Russian Federation. This indeed is a development that should be followed very closely by the Assembly and its Committees, as there are serious worries that some of these amendments might challenge the binding nature of verdicts of our Court of Human Rights. As said, the process is ongoing. It is in the hands of our committees, but the Monitoring Committee finds it already meaningful to already now underline in the resolution to the Assembly each member State's obligation to abide by the European Court of Human Rights verdict.

Mr President, taking all these findings together, the Monitoring Committee concludes that, related to our earlier decision on the Russian credentials last June, that there are no grounds which would justify applying Rule 8.2.a or 8.2.b with regard to the Russian credentials.

Therefore, Mr President, the Monitoring Committee proposes to the Assembly to ratify the credentials of the Russian delegation and I hope, dear colleagues, that you will be able to follow this conclusion of the Monitoring Committee and that you will support the draft resolution.

Thank you very much.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:31:38

Thank you, Mr Tiny KOX,

You have 6 minutes remaining.

I now call Mr Alvise MANIERO, rapporteur of the Committee on Rules of Procedure, Immunities and Institutional Affairs to present the committee's opinion.

You have 3 minutes.

Mr Alvise MANIERO

Italy, NR, Rapporteur

18:31:53

Thank you very much, Mr Chair.

The Committee on Rules of Procedure, Immunities and Institutional Affairs has been called to assess if the content and the conclusions of the report we just heard were consistent with, of course, our rules of procedure and the statue of the Council of Europe. We carefully examined the contents and I have to stress the importance and how useful the recent report by the Venice Commission has been to help us assess these conclusions.

We had a long discussion and we carefully examined some very difficult points also involving the very delicate distinction between the illegal act of annexation and the anyway acceptable results of an election. These two aspects have been carefully distinguished by the Venice Commission report.

An illegal act of annexation does not imply an election that should not be recognised. So, as delicate and complex as these conclusions may be, they really helped us. I think they will remain a milestone in helping us in our future assessments.

Consider these and many other aspects. All in all, my Committee found no reason to find not consistent this report with our rules of procedure and, therefore, concludes that the proposal to ratify the credentials of the Russian Federation is in accordance with the Assembly's rules of procedure.

Thank you.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:33:49

Thank you very much.

I call the first speaker in the debate, Mr Aleksander POCIEJ, for the EPP.

Mr Aleksander POCIEJ

Poland, EPP/CD

18:34:02

Mr Speaker,

Dear Andreas NICK,

I want to begin by greeting you, in the place that you take here today, as far as I know, for the first time. Good luck.

When I saw Mr Piotr TOLSTOY here somewhere, I knew that he has a very good command of the French language. I will therefore speak in French.

The European People's Party shares the view of many members of our Assembly that having the Russian delegation in their midst would allow the Assembly to exercise monitoring procedures that have been suspended for years on the territories of the Russian Federation. This could give us access to information and the opportunity to carry out investigations necessary to promote democracy, human rights and the rule of law in Russia.

I'm not a prophet. I do not know how the parliamentarians will vote, but I must say a couple of things to the members of the Russian delegation.

Even if your delegation's credentials are ratified, that does not mean that it is a blank cheque for the violation of international rights- It does not mean that the members of this House agree with Russia's action in Donbass and the annexation of the Crimea.

All parliamentarians are ready to vote for the return of Russia. Most of the people I've talked to share the same comments. This is not a pardon but an invitation to discussion and exchange of opinions.

I wanted to say that the Members of this Organization, the same ones who allowed the return of the Russian delegation, also voted against one of your colleagues for the Vice-Chair. It is, once again, an invitation to change the way in which discussions are held a little, to be more open and to give something back to this House, and also to the people with whom you have long arguments.

Thank you very much.

 

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:37:58

Thank you.

May I remind all speakers to observe the time limit of three minutes.

The next speaker is Mr Frank SCHWABE.

Mr Frank SCHWABE

Germany, SOC, Spokesperson for the group

18:38:08

Mr President, ladies and gentlemen,

With the decision we took earlier, we have indeed embarked on a new path, and I would like to thank our colleagues from the PPE-DE for these wise and balanced words. I think, with all the differences we have, with all the difficulties there are and in very different positions; we should try — at least in the spirit of this new way of doing things, from this idea — to work together. Of course, that makes no sense if we were to end the path we took last year, by saying that we are not ratifying the credentials here.

That is why the majority of the committee saw it that way, and that is why the report has been drafted in that way. Many thanks to Tiny COX for that. That is why I believe we should adopt it that way.

At the same time, however, we are making it clear — and this has also been emphasised — that this does not take away any of the criticism to Russia's actions in the violation of international law, particularly with regard to Ukraine, but also with regard to Georgia. That has nothing to do with it, and this must be made clear, because if we do not make this distinction, if we do not make it clear, then we will fall short of our responsibility. Because, in the end, we do not have the competence to decide whether we think this is good or bad, but we do have the power to draw boundaries. The UN General Assembly cannot do this, so we cannot do it either. And we have to do our job, to live up to our duty, to concentrate on human rights issues and on the rule of law, and on the question of how democracy actually stands in the member states.

Yesterday, we had what I thought was a moving hearing in the Human Rights Committee, with witnesses to the difficult and serious human rights violations in Chechnya. And I thought it was good that this debate and the event could take place, and that many representatives of the Russian delegation were also present. I certainly found it very constructive, under very difficult conditions. But I want to say, at the same time, that I have now had to read that the head of Chechnya has made threats — at least that is how I feel — against these people.

That is absolutely unacceptable and the whole Assembly, including the Russian Members, must oppose it. In the end, I believe that we will have Russia, but also other states, measured by whether we have the possibility of gaining full access to all parts of Russia; whether we will ultimately have the possibility, also with Russia's help, of gaining access to the so-called "grey zones". Whether the European Court of Human Rights' judgments are implemented accordingly; that is how it will be measured, and that is how we will measure it.

We have now begun the journey, but we might discover at a later stage that we can't fully access the territory; that there is trickery, for example, with visits. We have heard, including from the Commissioner for Human Rights, that planned visits are difficult to realise. My own visit, which I intend to do soon, is also proving to be difficult. This will be the yardstick for measuring whether Russia can be an equal member.

Today, at any rate, I believe there are all good reasons to go down this road and ratify the credentials.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:41:29

Thank you.

The next speaker on the list is Mr Martin POLIAČIK, on behalf of the Alliance of Liberals and Democrats for Europe.

Mr Martin POLIAČIK

Slovak Republic, ALDE, Spokesperson for the group

18:41:35

Thank you very much, Mr President.

Ladies and gentlemen,

What are we doing here?

The last time I spoke on this topic I said that the Russian delegation didn't come back with their homework done. I remember Mr Piotr TOLSTOY was very angry that someone is giving them homework. But I'm afraid he'll be angry again because many of the things which were in resolutions of these very institutions are not done yet.

On the other hand, we have Mr Piotr TOLSTOY texting from this very room, from this very building, that Crimea was, is, and will be Russian. So it doesn't look like goodwill.

If we look at the credentials, in the Alliance of Liberals and Democrats for Europe we don't have one single idea what to do with them. But what we came up with as the ideal solution is that probably it's good to have the Russian delegation at the table and talk with them. But there should be certain limits to the credentials, and they should not be full when it comes to, for example, sending rapporteurs or sending missions to elections to different countries. I can't really imagine that someone from the Russian delegation would go and observe the elections in Ukraine or in Georgia. I think it would be wiser to limit the credentials when it comes to sending observers to elections to some countries.

Another thing is that we have a legal opportunity to limit the credentials when it comes to, for example, appointing people to the bureaus of the communities. This would send a very clear signal that we do want the Russian delegation in the House. We do want a dialogue. We do want to talk with them. But at the same time, we are not satisfied with the way the situation is in Crimea. We're not satisfied with the way the situation is in Chechnya when it comes to the LGBTI community. We are not satisfied with the fact the 312 people are still political prisoners in Russia. We're not satisfied with this and that's why we think the credentials should not be full when it comes to the rights and when it comes to possibilities to work in this institution.

That's why I'm not satisfied with the report of Mr Tiny KOX, which I think is a little bit castrated, and I'm not satisfied with the fact that the report in the Committee on Rules of Procedure, Immunities and Institutional Affairs yesterday was dumped.

I would like to see a Council of Europe with a face, a Council of Europe that stands with its values, and that should show when we talk about an issue like this.

Thank you very much.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:44:49

The next speaker on the list is Ms Olena KHOMENKO for Ukraine.

Ms Olena KHOMENKO

Ukraine, EC/DA, Spokesperson for the group

18:44:55

Mr President, it is the custom in our Assembly to congratulate the rapporteur for his excellent report. Unfortunately, in this case, congratulations would be out of order as the report is unbalanced and not even entirely factual.

However, please allow me to suggest some improvements to the report on behalf of the European Conservatives and Democratic Alliance Group. Regretfully, our warnings in June 2019 not to allow the Russian delegation to be back unconditionally, without at least some improvement in the situation were bluntly ignored, which has lead to the challenge of credentials today.

As long as our passed resolutions remain to be unimplemented, this topic will come back to the agenda over and over again. As long as our colleagues from other groups keep appeasing the behaviour of the Russian Federation and turn a blind eye to new violations, we shall keep reminding this Assembly that the Convention on Human Rights does not have that article one "you shall put your principles away for funding", but this Convention is based upon principles.

Mr Tiny KOX, you are a member of the Monitoring Committee, so you ought to be aware that the Russian Federation isn't cooperating with the rapporteurs, for the very simple reason that there weren't any rapporteurs appointed yet. So the claim in paragraph 3 does not correspond with the truth. How can a report be made about Russian credentials without even mentioning, once, that the illegally annexed peninsula of Crimea remains under occupation? How can you fail to mention the gross human rights violations in Crimea and Donbass?

We fully support efforts, as mentioned in paragraph 7, that the ongoing legislative process with regard to the constitutional amendments have to be scrutinised, as well as the attempt by Russia to wiggle itself away from the judgments of the European Court of Human Rights. How could you possibly come to the conclusion to ratify the Russian credentials? Wouldn't you all agree with us that it would be better to evaluate the so-called progress made and to revisit this topic later during part sessions this year? Until then, the Russian Federation delegation can put efforts to facilitate fulfilling resolutions of PACE.

We encourage the Russian delegation to start working with our rapporteurs and, to do so, the page deserves to be turned. Unfortunately history has shown we cannot always trust colleagues on their word. So we expect that Russian delegates show us substantial progress and cooperation this year, and we shall find enough rounds to ratify your credentials.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:47:57

Thank you.

Next speaker on the list, and the last on behalf of political groups, is Mr Andrej HUNKO, for the United Left.

Mr Andrej HUNKO

Germany, UEL, Spokesperson for the group

18:48:04

Thank you very much, Mr President.

I would also like to thank the rapporteur, Mr Tiny KOX, for this report, and also Mr MANIERO for his opinion on the report. Both are exactly in line with what we decided here by a large majority last June.

Most of the amendments attempt, so to speak, to leave this line again, and I think it is very right that we should continue along this path. I would like to mention this again, because many things are now being addressed which do not belong here in this report but which are then the subject of a monitoring report, for example, and so on. Many things have also been addressed where there are still major problems.

But I would still like to say that there has been some progress since last June, we should remember that. I would like to remind you that the Normandy format has been resumed, that there were agreements there, that there was an exchange of prisoners, that there was the release of the Ukrainian sailors, which was one of the demands put forward in the Donbass, which concerns, so to speak, the establishment of new transition points at the contact point.

These are small things, but I believe that achieving small things is much more effective and much better than always playing the blame game, i.e. always pointing the finger at the others. In order to achieve this, we need the presence of all Members of Parliament, of course, and of course then also the approval of the credentials.

Well, I just want to say that I also find Mr KOX's report very logical and balanced. I ask you to support it. I am also saying this on behalf of the Left Group. I would simply like to say once again that it makes no sense for us to keep on debating whether we are going to have another joint debate here, as we have been doing practically for five years.

It is much more important that we really do talk about the specific problems together, rather than just, as it were, excluding one or two people here, and I hope that the report will be adopted here by a large majority. Thank you very much for your attention.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:50:31

Thank you, Mr Andrej HUNKO.

That concludes the speakers on behalf of political groups.

The rapporteur will reply at the end of the debate, but does Mr Tiny KOX wish to respond at this stage? No?

I shall continue with the speakers list. The next speaker is Mr Dmitrii VASILENKO, from Ukraine.

Ms Lesia VASYLENKO

Ukraine, EPP/CD

18:50:58

It is more than two years since the outbreak of Russian aggression in Ukraine.

Dear friends and colleagues, this is not the opening line of the speech. In fact it is the opening line of Resolution 2132 adopted by this Assembly in 2016.

On 20th February this year it will be six years since the outbreak of that same Russian aggression in Ukraine.

Since the very first resolution this house has passed back in 2014 on Russian aggression in Ukraine, Crimea remains annexed and Eastern Ukraine is under occupation by Russian troops.

I know that a lot of you who are gathered here today are well acquainted with these facts. Well, perhaps you are even tired of these facts. But it is because of these facts that the PACE has demanded the withdrawal of Russian troops from the territory of Ukraine and demanded a reversal of the illegal annexation of Crimea. Such demands have been extended not once, but at least four times in various resolutions. For example Resolution 2018 September 2014, Resolution 1988 April 2014, 2034 January 2015, and 2112 April 2016. But these demands they were of course ignored together with another 11 resolutions on the matter of Russian aggression in Ukraine. Even the Resolution 2261 in which PACE delegates insisted Russia implement all Assembly resolutions concerning military aggression against Ukraine, even this resolution was disregarded by the delegation whose credentials we are now considering here today.

Now, I'm new to this Assembly but I have watched the work of the PACE from the sidelines for a number of years. I'm of course very excited to be joining all of you in this organisation and to be working in this organisation. I believe this organisation to be one of true values and strong principles concentrated around the protection of human rights and democracy in Europe and beyond.

I believe the Statute of the Council of Europe and the rules of the PACE provide for measures: sanctions which are to be taken when a country strays from the values which the PACE is committed to protecting. I believe these sanctions were designed so as to prevent further deviations and rectification of wrongful acts committed by member states. I believe that the case of Russia is exactly one which merits the application of such sanctions. I believe too that the members of this assembly are honourable and conscious to make the rightful and lawful decision that the fragile European values so well deserve.

I thank you ladies and gentlemen and I trust you dear colleagues that we will all here today make the right decision when we press the button to vote.

Thank you.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:54:03

Thank you.

The next speaker is Mr Vlad BATRINCEA, from Moldova.

Mr Vlad BATRINCEA

Republic of Moldova, SOC

18:54:13

Thank you, President.

Colleagues, if I understand correctly, the question before us is that of ratifying credentials. It seemed to me that in June last year when changes were made to the rules of the Assembly, a clear answer was given to a question. It was made clear that the main role of the Council of Europe is to represent 47 countries.

We are a parliamentary platform and we're all here because the taxpayers through our parliaments pay for us to be here. And we know that it is the taxpayers who pay for their own parliament as well as for ours. They pay because they expect us to uphold standards of law, justice, and to help the citizens of our countries. We then have agreed that credentials shall be ratified when the parliaments of our countries send us here -- when they send us as delegates of those parliaments.

In fact, there's a technical procedure that has to be gone through. We know that our national parliaments send delegations here, and then again, they have credentials to be part of the parliament here. And if we have to abide by legal standards, we have to recognise that we have to look at certain credentials and do everything in accordance with an established practice.

I can tell you that on Tuesday I spent all day in the Committee on Rules of Procedure, Immunities and Institutional Affairs because someone for clearly, slightly strange thought-out reasons had challenged the credentials of my delegation. We therefore had to spend a whole day going through a procedure that ended up with our credentials being ratified. Again, we're doing the same thing here again and we're wasting our precious time, our valuable time. This is costing us money.

Why do we see that some colleagues are constantly trying to delay the process by contesting credentials? It would seem that they are almost doing this on a professional basis. We know that we're here representing different countries. But we're here to engage in dialogue with one another. If there was no need for dialogue, there would be no need for the Assembly. But there is a need for dialogue. Clearly then, we need to be here to talk about specific issues quite openly and freely.

What is happening right now is that we're hearing the same empty words over and over again: one camp against another, some people saying this against somebody else. We're not getting anywhere, and it doesn't make us look good. It's not effective, we don't get anywhere, and we're doing the job that the Parliamentary Assembly of the Council of Europe is supposed to do.

I, therefore, call upon my colleagues to be professional and only contest credentials when there is a true cause to do so. But remember that we're here to deal with specific issues to try to improve life for people in the countries of Europe. That's why the taxpayers send us here. That's why we're here. That's why this whole Assembly exists.

Let us once again decide that these credentials are going to be ratified. We're not here for the mass media. We do not want to make empty statements that can then be broadcast all over the world. That's not getting us anywhere. That's not what we're here for. Let's remember what our true purpose is.

 

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:57:41

Thank you.

The next speaker is Ms Maryna BARDINA, from Ukraine.

Ms Maryna BARDINA

Ukraine, ALDE

18:57:47

Dear Colleagues,

Each country has the right to its national politics, but no one has the right to undermine the importance of international law and international institutions.

We are here to follow the statute of the Council of Europe, to implement its resolutions and to respect human rights. I want to remind all of us that protecting people from all forms of persecution, hate speech, discrimination, harassment -- irrespective of their origin, colour, age, gender -- is one of the founding principles behind the creation of the Council of Europe. The participating countries have taken their commitment to follow the values of diversity, democracy and rule of law. We all know that this makes the Council of Europe unique and an organisation that must uphold the security of people protecting their rights.

Unfortunately, not all countries guarantee the safety of their citizens. We know the cases of persecution against people on the grounds of their sexual orientation. In the Russian Federation, namely in the Chechen Republic, including cases of abduction, arbitrary detention and torture, which is unacceptable regards the people. More than 114 people and their families have fled the Chechen Republic. In response to this, the Assembly urged the Russian Federation to protect human rights in its resolution 2230 in 2018. The situation has still not improved. The issue of human rights protection in the Russian Federation should be carefully considered in the monitoring procedure.

I strongly believe that the members of the Council of Europe should take all measures to implement its resolutions to demonstrate their respect for the institution and its decision. We must respond to the situations when principles of the Council of Europe are being ignored in order to enhance the significance of its decisions and international law.

Thank you.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

18:59:59

Thank you.

The next speaker on the list is Mr Leonid KALASHNIKOV, from the Russian Federation.

Mr Leonid KALASHNIKOV

Russian Federation, UEL

19:00:06

Thank you President.

President, we're all different. We come here from different places, from different political parties. When talking about restriction of credentials, what are we talking about? It's as if I go to my Duma as an elected representative or someone from my party and I'm told that I'm not allowed to vote because I'm not from the ruling party or because someone doesn't like my political views. That's in effect what you're proposing today when you talk about restricting credentials.

I was in the Monitoring Committee. Again I was there as a representative of the opposition in my country. I expressed my view, and I expressed my view in terms of what we're doing here. Why do we get credentials? We get credentials to ensure that we can in fact be acting in accordance to appropriate mechanisms. I'm a member of the Committee on Legal Affairs and Human Rights. I know for instance what happened in the past. I remember going just two days after the events in Crimea and I told what was happening there. I'm not a Crimean, I'm from Ukraine but I was able to talk about what's actually happening. I was able to say, look, this is what's going on. Let's look at this in legal terms. And in fact a decision was taken. Then people said no, no, no, that's not right.

If we're going to work. If we're going to work, then of course we've got to have credentials. We're not here to barter with one another. We're not here for any reason other than top enter into dialogue, to talk, to tell you about what people are concerned about. Mr Razumkov, for instance, who is from the Rada. He said to me, your president and my president they work together. They work together. They work together. They don't like each other, but they work together. We all have to work together. That's why we're elected. We're elected to work with other people. We have to do that here within the framework of this Parliamentary Assembly.

Therefore, as I said to some of my colleagues earlier on, we're here. What are we here for? What are we supposed to be doing? Give us something to work with. Talk to us. Tell us what we're doing. We know for instance that the President of Russia phones up people and talks to them. He knows he has to with them. We have to work together. That's what President Putin has to do. He was to work with other people. He recognises that even if he doesn't like their views he has to work with them because he is a professional, he has to be effective.

Let me say once again, we're not here so that you like us. We're here to do a job. That's why we've been voted to come here. When it comes to the constitution. You've talked about the constitution. I'm from the opposition in my country, but nonetheless, we do have the right today to look at legislation and look at bills. We get together our votes and if we don't agree with something that has been adopted, we go to the constitutional court and appeal against it. That's how it works. That's how it's working with reference to our constitutional amendments in accordance with our current legislation. That in fact contradicts something that was said a little earlier.

Thank you for your attention.

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

19:03:18

Thank you.

The next speaker on the list is Ms Yelyzaveta YASKO, from Ukraine.

Ms Yelyzaveta YASKO

Ukraine, EPP/CD

19:03:26

Dear friends and colleagues,

I want to tell you that, whether we like it or not, this organisation, first of all, is about reminding everyone that we have a responsibility to protect the human rights situation.

I want to remind you what the word impunity means. United Nations called impunity as a symptom of the breakdown of law and judicial systems.

According to UNESCO, impunity damages whole societies by covering up serious human rights abuses, corruption and crime.

Can we close our eyes when we see that there is impunity that is committed by some member states? Yes. Unfortunately, it happens here and we must be honest, direct and very straightforward about that.

The Parliamentary Assembly of the Council of Europe has passed a number of resolutions that stressed about the situation in Crimea, the situation about the Crimean Tatars and political prisoners. What do we have now? Did the Russian Federation change anything? What is the situation about repression right now and about the work of the Tatar organisations and institutions in Crimea? Are there any rates there? Yes, there are, a lot. Unfortunately the number of the political prisoners in Russia and in Crimea is only increasing.

We have to be very honest about this. The number of NGOs that are under repression in the Russian Federation is also increasing. The situation of human rights in Crimea and in Russia is worsening day by day.

I'm calling you to remember this. We, from the Ukrainian side, offer dialogue, we contribute to this dialogue. But, what do we have from the Russian side? We just see the human rights situation is not improving. Unfortunately, it's just worsening.

I'm calling everyone here to remember that. When you make your decision today at the voting, please remember about the human rights situation in Crimea and in the Russian Federation.

Thank you

Mr Andreas NICK

Germany, EPP/CD, President of the Assembly

19:06:03

Thank you.

The next speaker on the list is Mr Irakli BERAIA, from Georgia.

Mr Irakli BERAIA

Georgia, SOC

19:06:13

Thank you Mr President.

I represent the country 20% whereof is occupied by Russia, and we are strongly opposing ratification of credentials of the delegation of the aggressor state.

Russia continues illegal occupation of Abkhazia and Tskhinvali regions of Georgia. This blatant violation of the international law including the UN Charter and Helsinki Final Act, the European Convention of Human Rights and the EU mediated six-point ceasefire agreement, represents a direct attack on European security and international order.

Moscow's aggressive pattern used in Georgia and then in Ukraine makes it crucial to duly assess the challenges emanating from Russia and the unresolved conflicts in Europe.

Today the Assembly debates on credentials of the country which disrespects and ignores its decisions, the rulings of the European Court of Human Rights and other international legal instruments. Even more, certain Russian delegates present here today are in violation of Georgian law on occupied territories.

Instead of compliance with resolutions of the Assembly we all witnessed the constant deterioration of the situation in the countries affected by Russia. Russia bears full responsibility for the grave security situation, humanitarian crisis and human rights violations in both occupied regions of Georgia. It refuses to undertake a non-use of force pledge, to withdraw and to revoke illegal recognition of occupied regions as independent states as well as it is responsible for every single negative thing on the ground and does not allow international security mechanisms to access occupied regions of Georgia.

As we speak here today, in my country illegal process of borderisation, dividing communities and families, continues depriving them of access to agricultural lands, religious sites and healthcare. Closure of so-called crossing points causes humanitarian catastrophes. Ethnically targeted discrimination, human rights violations, killings, torture, arbitrary detentions of our citizens in violation of their property rights as well as education in the native language have become daily practice.

Despite continues calls for the international community Russia hampers investigation and perpetrators stay unpunished. Attempted expansion of the occupied areas further undermine security on the ground and create risks of large scale escalation. Russian military presence and drills post existential threats not only in Georgia, but undermine the entire regional security.

Today when we should be looking for more effective and stricter ways to enforce the decisions of the international community it made Russia comply, we are debating the ratification of credentials thereby promoting the sense of impunity and provoking further and even more aggressive actions against sovereign states in the future.

The occupation of Georgian territories was followed by the annexation of Crimea. Who will be next?

As long as Russia ignores the rules of the game of the civilised community of the free democracies there's no place for Russia in this house. Respectively we cannot support Russia's turn here.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:09:31

Good evening.

Somewhat new energy here in the Chair.

We will continue.

The next one is Mr Oleksii GONCHARENKO, Ukraine.

Please.

Mr Oleksii GONCHARENKO

Ukraine, EC/DA

19:09:43

Thank you, dear colleagues.

From Russian and pro-Russian speakers today we already heard several times: trading, shopping, it's not a coincidence. Just take a look at the report that was prepared by the rapporteur. You will not find here in the draft of the report the word Crimea. You will not find here the word Georgia. But you will find a big achievement. The Russian Federation paid their money to the Council of Europe. That's why they're using these words. They think that they bought the whole Assembly and the crucial values.

70 million paid by the Russian Federation. Not a big price, 25 million for human rights. 25 million for rule of law. 25 million for democracy. It's a real sale. Now the sale is going on, now with post-Christmas sale. 13 000 Ukrainians were killed. 5 000 for each person killed. It's a good price for a license to kill. And they're killing. And then they kill further. They're killing Ukrainians in Ukraine, Georgians in Georgia, British people in Salisbury, Dutch people in the Boing MH17. I'm very much surprised how Dutch parliamentarians here propose such things.

After this, what will be next? I can tell you. It's very symbolic that we, the Assembly, voted for Mr Piotr TOLSTOY to be vice-president from the Russian Federation. You know, there is a great, really great Russian, Leon Tolstoy, a great Russian writer. This writer wrote a great novel: Anna Karenina. Our Assembly, like Anna Karenina, is torn between European values and Russian money, and it looks like Russian money wins.

We, like Anna Karenina, are committing suicide, throwing ourselves under the carriage of the passing train. That's what is happening with us today. Not like the Russian propagandist Tolstoy, but really, the great Russian writer, Leon Tolstoy, he wrote, I want to quote, "we are here to struggle against war. We hope to win over those governments with billions money, millions army. In our hands, only one, but the strongest weapon: truth".

Those of you who feel that you have this, strongest weapon, truth, vote against the credentials of such Russian delegation.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:12:11

It seems to be energy on the floor, too.

 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:12:16

Mr Piotr TOLSTOY, you're the next to speak.

Please go ahead.

Mr Petr TOLSTOI

Russian Federation, NR

19:12:21

If you believe in truth today, confirm the credentials of the Russian delegation.

Mr Oleksii GONCHARENKO thinks he's Anna Karenina, but he's not.

Our delegation came back to this hall last year and you know that ever since then, since June, we've been working together. In the five years of our absence all we heard was lies about Russia and lies about our country. They are still being banded around by many of the speakers this evening. You can't tarnish a country's reputation without knowing the facts.

Who should be punished? The people who today are talking about the occupation of Crimea, don't they realise there was a referendum in Crimea? Don't they realise that Abkhazia and South Ossetia do not actually belong to the Russian Federation. You don't know that? Of course you know it. But you listen to all of this nonsense and you nod. It's a great shame.

Georgia and Ukraine use their own armies against their own citizens. That is an egregious violation of human rights and it has gone unnoticed. Georgia and Ukraine destroy their own citizens and now they'll never go back to those countries. Those people won't live with the countries who destroyed their people and brought down aeroplanes. And yet, you are pointing the finger at the Russian Federation.

I'd like to say that we're here so that we only have dialogue on an equal footing. We're ready to discuss any problem, but it must be a dialogue and not an attempt of some to punish others. Of course, if any sanctions are adopted against Russia or our delegation, then we will be compelled once more to leave, and once again the Parliamentary Assembly of the Council of Europe will be in a profound systemic crisis. History will go round and round again.

I'm personally convinced that most of you in this room very much don't want that to happen.

Distinguished colleagues, I appeal to you to support the report of our colleague Mr Tiny KOX and appeal to you to vote for the confirmation of our credentials.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:15:04

Thanks.

The next speaker on the list is Mr Emanuelis ZINGERIS, from Lithuania.

No?

Then, the next one is Mr Oleksandr MEREZHKO, from Ukraine.

Mr Oleksandr MEREZHKO

Ukraine, SOC

19:15:50

Dear colleagues, you've just heard the speech of Mr Piotr TOLSTOY.

Now you know how the Russian delegation and how Russia will perceive your permission, your invitation, for Russia to come back to PACE, to Council of Europe. Now you know what kind of reaction will follow.

If you think that Russia has drawn any lessons from this situation you're wrong. Recently, a few days ago, Mr Slutsky, who is the head of the Russian committee on foreign affairs in the Russian parliament, said that the return of the Russian delegation will be viewed as a first step towards recognition by Europe, by the Council of Europe, of the annexation of Crimea. I think it's going to be a great mistake if you vote in favour of letting the Russian delegation and ratifying their credentials.

You shouldn't forget about crimes against humanity committed by Russia in the Chechen Republic against gay people. These crimes can be called crimes against humanity. We shouldn't turn a blind eye to these crimes also. That's why I think that, when you take this decision to vote for or against ratifying Russian credentials, you should think, you should imagine that Russia has invaded, not Ukraine, but your own country. You should act appropriately.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:17:45

Thank you.

Ms Irina RUKAVISHNIKOVA

Russian Federation, NR

19:17:52

Distinguished colleagues, 

Thank you for giving me the floor. I'd like to move our discussion away from Ukraine to the grounds for today's debate and draw your attention to the fact that Mr Emanuelis ZINGERIS raised this question and yet is not taking part in this debate, but thereby he has more or less shown how unsubstantiated this motion is. 

The issue was of an undemocratic approach to amendments to the Russian constitution, and quite a lot has been said on this issue which has been negative. I'd like to dwell on this question and see that indeed, the only thing more terrible than an outright lie is a half truth because it is very difficult to refute it but I'll try to do so. In Russia, indeed, there is now a constitutional reform underway. The bill on the amendments to the constitution has been brought before the State Duma. It is publicly accessible, everyone can read it from the initial source without making up nonsense about it and although this bill may be adopted by the parliament, the final decision belongs to the Russian population in an all-Russian direct vote.

It contains two key provisions. Firstly, it establishes a new mechanism for social protection of Russian citizens who've reached retirement. And secondly, I think it's very important for today's debate in this hall. It strengthens the principle of the separation of powers by introducing new elements of a system of accounts, checks and balances in the work of the state bodies. It strengthens the role of the Russian parliament: parliamentarians will have additional opportunities to earn influence on the formation and departure of our government and the house judicial organs. It limits the powers of the president - including the term of office - and judicial oversight is introduced at the bill stage. 

We'd also like to point out that the article in the constitution proclaiming as an integral part of the Russian legal system, common principles and norms of international law and international treaties remains unchanged. If an international treaty creates for Russia rules for which are in variance to what is applied in our laws, then it is the rules of the international treaties which prevail. 

The talk has all been about the amendment which has been brought up in this motion relating to the enshrining in the bill of existing legislative provisions which have already been applied in Russia for a number of years pertaining to the adoption of decisions of interstate bodies based on an interpretation of international treaties which is at variance with the Russian constitution. That decision lies with the constitutional court. Similar provisions exist in the national constitutions of a number of other member States of the Council of Europe.

So we call on you all to be respectful of the legal systems of national constitutions of each state and study closely the primary sources. 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:21:33

Thank you.

The next speaker on the list is Mr Serhii SOBOLEV, from Ukraine.

Let's try to respect the time limits, for we still have a quite long list.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

19:21:42

Thank you, Mr President.

It's not a question that somebody likes or dislikes somebody. It's another question, it's a question of values. So when we try to understand each other it's impossible when the other side declares that you are illegal. Who is illegal? Ukrainian delegation is illegal! Mr Piotr TOLSTOY or President Volodymyr Zelensky is illegal. So why President Putin signed some agreements with you.

Second, you say that Russia is not engaged in all this aggression in Ukraine. Why is Mr Putin a side of this agreements? I think that it's very open to everybody to understand that we need all delegations here, in the Parliamentary Assembly of the Council of Europe. But each delegation, if you remember, signed the main values of this organisation. And if you violated these values, how can you be there?

The main value is a right to life. And when the majority members of Russian delegation six years ago voted in your state Duma to allow your troops to shoot civil population of Ukraine, defenders, yes, soldiers that defend their territory: it's a violation of humanity.

I'm not even speaking about international law. You voted for this. Please come to those families of those 13,000 killed and watch their eyes whom we killed as Ukrainians in Crimea.

What are you talking about, Mr Piotr TOLSTOY? I think that it's a situation when you try to appeal to referendum, so called free referendum, but Europe knows about such referendums. It was not far: in 1938 on the territory that was annexed by Nazism, Fascism, it was also a referendum, free referendum, and 92% of Austrians voted to be occupied by Germans, Nazi Germans.

I think that we need to take the main lessons from the history. Because after this it was Czechoslovakia, after this in two weeks Hitler was in the capital of France. I think that if we analyse all these steps we can do only one.

Vote honestly against recognition of Russia.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:25:01

Thank you.

The next speaker on the list is Mr Mikayel MELKUMYAN, from Armenia.

Mr Mikayel MELKUMYAN

Armenia, EC/DA

19:25:11

Dear colleagues,

First of all, I find this report by Mr KOX very positive. We must not limit the mandate and the rights of the Russian delegation. I understand the various aspects of our colleague's presentation. But again, I want to stress that the Russian delegation must be here.

I am not against discussing various issues, but I believe that the agenda of the Assembly should not repeat itself and present artificially created content from scratch. With regard to our discussion concerning the Russian delegation, the question should be formulated in a very clear and precise manner to avoid repeating it over and over again.

The Russian delegation has not been here for five years. Yes, efforts have been made to ratify their credentials. Among other things, the most important issue was the access of the Russian people to all the institutions of the Council of Europe. Personally, I know political colleagues in various delegations, including the Russian delegation: they are decent, principled people.

My view of the debate is that no country defending its national interests should stand in the way of our democratic values and institutions. The truth must not have two sides; it should be the same for everyone. We must ensure proper working conditions for all delegations, avoiding any extremes.

The discussion is over. We need to get back to constructive activities. After all, we discuss various problems here, but many big issues are not always solved in an efficient way. I repeat, one must never set one's national and state interests against democratic values.

Of course, this must never reach the level of xenophobia between two countries, two peoples, as is the case in our relations with Azerbaijan, even on the cultural level. The recent incident between the Armenian soprano Ruzan MANTASHYAN and the Azeri tenor Yusif EYVAZOV, who refused to sing with her, is proof of this.

We need to have a very effective discussion today. It is said that in some cases democracy has to be protected from the people. I believe that we have to uphold democracy for the people. 

Thank you for your attention.

 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:28:27

Thank you.

The next speaker on the list is Sir Roger GALE, from the United Kingdom.

Please.

Sir Roger GALE

United Kingdom, EC/DA

19:28:35

Thank you, Mr President.

I've listened to this debate with great interest. And I have to say that I find the report that is before us wholly unacceptable. It is shot through with disingenuous comments. We shall come on to amendments shortly, but it is not the case, and I've just finished two years as the chairman of the Monitoring Committee, it is not the case that the Russian Federation has been complying with the Monitoring Committee.

There are no monitors. They're in the process of being appointed and we shall find out in due course, and it will be very soon now, whether or not those monitors are allowed to go to Chechnya, whether they are allowed to enter Crimea through Ukraine, whether they are allowed to visit imprisoned journalists within the Federation, whether they'll be allowed to visit some of the 80 political prisoners, many of them journalists, in Crimea, whose representatives were in this building today.

Mr Tiny KOX said in his opening remark that there had been no deterioration. I beg your pardon? I thought we were looking for progress! Sadly there's been no progress. So what we shall be recommending later on when we come to the vote is not that we seek to exclude the Russian Federation, but that we park this until April, by which time there will be rapporteurs, and then we will be able to see whether those rapporteurs are admitted, made welcome in all of the territories of the Russian Federation that they wish to visit.

And that will be the litmus test, and if they're not then we shall know how to vote in April. But I think we also know how to vote tonight.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:30:47

Thank you.

The next speaker on the list is Ms Linda OZOLA, from Latvia.

Ms Linda OZOLA

Latvia, EPP/CD

19:30:56

Dear colleagues,

Well, some of you might feel a kind of fatigue about this whole discourse of the return of the delegation of the Russian Federation to the PACE, but don't worry, this is a democratic institution where the majority will take the decision and everybody, or at least those who abide by the rules, will respect that.

But let me draw your attention to the fact that on this way to this so-called meaningful political dialogue the time has come for responsibility; as the speaker before me already referred to, the rapporteur mentioned no deterioration of the situation in Russia over the last half a year. Well, but the time has come for the improvement which unfortunately is still not there.

Last year, the Russian delegation was returned to the PACE with the argument to have the country and its people included in the jurisdiction of the ECHR. This was the decisive argument, I have to note, for many delegates in this chamber supporting the return of the Russian delegation. And while it's difficult to disagree for the benefit of the people whose human rights are breached or for the benefit of states whose integrity is eroded, that's the question of execution of the ECHR rulings which comes in here.

Well, unfortunately just yesterday the president of Georgia had to inform us that there are Georgian victims who have been waiting for justice to be served since 2007, for 13 years already. The ECHR ruling in an interstate case, Georgia versus Russia, that passed precisely a year ago is still not executed. And justice is not served. Moreover, we are receiving information from the NGOs that currently there are more political prisoners in Russia than there were in the Soviet times. It sounds very alarming. And it is dangerous for us to get used to this bad and alarming news and start accepting it as the new normality.

A kind of status quo that we described as an achievement of no deterioration of the situation, it would be absolutely unacceptable for an organisation like ours. Dear colleagues, I want to repeatedly emphasise that the high time has come not only for the openness on the side of the PACE, but also for responsibility and improvement on the side of the country under discussion. And it is in our hands to demand improvement.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:33:32

Thank you.

The next speaker on the list is Mr Giorgi KANDELAKI, from Georgia.

Mr Giorgi KANDELAKI

Georgia, EPP/CD

19:33:38

Thank you Chair.

I'm not a big fan of WikiLeaks and certainly not of Julian Assange. Not at all. But some of the cables that were published in those years, there is one diplomatic cable from 2009 in which Georgian leadership of the time makes a prediction that Putin's next move will be in Crimea. It is so tragic that that prediction came true. Today, as we make this wrong decision to leave the Russian delegation here, with a high level of confidence we can make a prediction that things from today to April will get not better but worse. With a high level of confidence we can predict that more people will die. And those who will push the yes button today will have their little responsibility for it.

There is a consensus in the security circles and many political circles in Europe that had more attention being paid to Georgia, the Russian invasion of Georgia in 2008, a lot of trouble could have been avoided, a lot of lives could have been saved. The tone, the aggressive tone of the Russian so-called parliamentarian today makes it clear how Russia views this exercise. Make no mistake that in the political reality although it's not written here or anywhere, this exercise means legitimation of the annexation of Crimea. In political reality. So don't don't be naive.

Russians always like to dispute facts, but there are facts that are undisputed. Such as that 13,000 people have been killed in Ukraine, in Eastern Ukraine, since 2014. That's an undisputed fact. At the hands of the Russian military. It is an undisputed fact that the MH17 flight was shot down with the Russian surface-to-air missile. It is an undisputed fact that Russia carried out ethnic cleansing in Georgia, cleansing 80% of the pre-war population from both occupied regions.

And this assembly, by the way, said so in the resolution 1633: and ethnic cleansing, dear colleagues, is a grave crime. Has the ethnic cleansing been reversed as the assembly obliged Russia in that very resolution? No. Correct me if I'm wrong. It's an undisputed fact that the EU broke the ceasefire agreement of 2008. Is not fulfilled. And the European Union monitoring mission is not granted access.

Parliamentarism and parliament is designed and invented by civilisation to represent different views. We blasted Belarus because there are no opposition members in its parliament. Are there any in Russia? There were back in the day, in the Dumas, in the provisional government under Kerensky, but that tradition was killed by the Bolshevik regime, which Russia's current leadership worships.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:37:00

Thank you.

The next speaker on the list is Mr Sergey KISLYAK, from Russia.

Mr Sergey KISLYAK

Russian Federation, NR

19:37:08

Thank you, President.

First of all I have to say that I am struck by the degree of untruth and uncouthness in an international organisation which is supposed to be working for bringing all the people in Europe together. And what countries are these uncouth lies coming from in respect of my country? They are all, with one or two exceptions, marked by one criterion: it's countries who have killed their own citizens using weapons and an unchallengeable fact, I would say to our Georgian colleagues, that in August 2008, missile systems, at night, cowardly, in a cowardly way, shelled the peaceful city of Tskhinvali so that the people there could no longer consider themselves to be a part of Georgia. And now crocodile tears are being shed about losing territory. You lost them because you shelled people and they can't live with you any longer. And that's an undisputed fact.

In Ukraine too, weapons are still being used for firing at people in the Donbass. And the people speaking out against us are creating victims in their own country, in the Baltic states as well by removing people's citizens' rights. In the 21st century people are being made non-citizens and all of these people in making these charges are pointing the finger at us. 

Our Polish colleague said that if there is going to be a positive vote, then it is going to be a recognition of the Russian Federation but I'm ready to take the part of your proposal to the effect that it is a proposal for dialogue. And we are interested in such a dialogue because we'll be talking also about the prisons in which journalists are being held in Ukraine now and the torture that's being applied in those prisons, and the measures that are being taken to strip children the right to learn in their own language. And I have a very strong impression from this debate that the main reason for trying to deprive us of our right to be here is to hide from your own responsibilities in your own countries. 

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:40:20

Thank you.

The next speaker on the list is Mr Leonid SLUTSKIY, from Russia.

Mr Leonid SLUTSKIY

Russian Federation, NR

19:40:27

Thank you President.

I would like to say dear colleagues that we all need to depart from spite, from sanctions and double standards.

Recently we met Mr Hendrik DAEMS, who is our new president. Mr Hendrik DAEMS said that the most important thing to prevent in the Council of Europe is double standards. But everything Mr Giorgi KANDELAKI has said is outright lies. Mr Sergey KISLYAK was quite right in saying, indeed, in August 2008, in a cowardly way, at night, during the Olympic truce, Tbilisi attacked Tskhinvali. With peaceful citizens, women and children under attack, Tbilisi created the centrifugal forces in the territory.

As regards to Ukraine, let's listen to what was said by Kirill Bacinsky this week, one of the heads of the Russian press agency. We need to heed the information that Mr Bacinsky publicised. Today journalists are being persecuted in Ukraine and are being hobbled and put in jail.

I have to say to colleagues, of course we all have to analyse these facts, and I'm sure the Parliamentary Assembly will find the truth. But today, let us take a big breath and realise that today we are talking about something very different: Mr Tiny KOX's report.

Mr Tiny KOX has been in the Assembly for a long time. He heads a political group, and no one can rebuke him for being a pro-Russian parliamentarian. He is for the values of the Council of Europe, for the rule of law and democracy and human rights. Today's report is perfectly well compiled. It has been drawn up on the basis of facts, beginning with the ministerial conference in Helsinki when the Council of Europe overcame its most severe crisis.

Colleagues, let us not be caught up in spite today.

We need a Parliamentary Assembly which is now embarking on a period of normal cooperation.

The Russian Federation and the Russian delegation in the Parliamentary Assembly will always work constructively with all national delegations on the basis of truth.

We of course appeal for support for the objective, balanced and measured report of Mr Tiny KOX.

We will work together on the basis of the lofty standards of the Council of Europe.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:43:35

Thank you.

The next speaker on the list is Mr Aleksandr BASHKIN, from Russia.

Mr Aleksandr BASHKIN

Russian Federation, NR

19:43:42

Distinguished colleagues,

It so happens that I complete the list of speakers and much has already been said before me. But I'd like to draw attention to the fact that the debate began about something which no one is talking about today. And that is the motives for challenging the credentials of the Russian delegation put forward by Mr Emanuelis ZINGERIS. Who said, almost verbatim, that Russia is going to have a referendum on international law which means that the Human Rights Court will no longer have any effect.

And, in order to condemn any proposed amendment, you need to read them first. Since these proposals have been put forward, it's clear that colleagues haven't actually read them. And would like to say that these judgments of the Court of Human Rights, the execution of which Mr Emanuelis ZINGERIS referred to, those judgments are carried out on the territory of the Russian federation.

Just recently there were hearings on Russian cases. We all heard that the Committee of Ministers has removed from monitoring a whole host of judgments.

Russia is prepared to deal with applications, whether for individual or group cases, and the same with respect to the Constitution of the Russian Federation on international law, Article 15. That remains unchanged, unamended. And the recognition of international law remains unchanged. It's openly accessible, that document.

In conclusion I want to say something else. I don't want tension and hatred to hang in the air in this room. In this room I don't want untruths being spoken. And I hope that only a few will engage in that.

The position of the Russian Federation, not only in this chamber, but in the corridors, is to communicate and consult with colleagues, to work with the committees, to work with all the delegates and representatives. We want to talk with all of you, we want to listen to your positions. See what lies behind your positions. Some people don't want that to happen. But we will do this work. We'll conduct this work. The Russian delegation came here to work together, with everyone, including those who are against our presence in this organization.

Thank you. 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:46:45

That concludes the list of speakers, but I'm a bit flexible.

I'll allow Mr Emanuelis ZINGERIS, from Lithuania, to end this debate, because he was on the speaker's list earlier, but someone missed him.

Mr Emanuelis ZINGERIS

Lithuania, EPP/CD

19:47:08

Thank you, dear speaker,

I was always in the Chamber and have been in the Chamber since 1993. So, from 1993, I remember the Russian delegation with Sergei KOVALEV, all fantastic people who were awarded with all possible world human rights. And really, in the Yeltsin time, it was position and opposition. But position and opposition disappeared, and now we have a united voice from all sides.

Even today, during the Monitoring Committee, we have the Romanian delegation, they have position and opposition. There are nine countries just now. We challenged their delegations on all possible grounds and nobody claimed that that was bad. Well, challenging the grounds is a possibility to discuss, a possibility to go inside. Not one delegation, none of the eight delegations claimed that there was injustice made against them. This is a democratic procedure. Friends, you're here in the cradle of democracy. Do you think that we should switch to the traditions of the current Duma after Yeltsin's time and be like the Duma? Where there is actually no opposition at all?

So, I would like to go back to the major issue. In order, our essential resolutions were mostly not implemented, but the last resolution, based on 2292. We have points 13.5, "to cooperate fully with the international community in the investigation of the famous Russian leader of opposition Boris NEMSTOV". Do you think we have cooperation? Ask the Committee on Legal Affairs. No answer about cooperation. It is an essential question about the situation in Russia. Crimea is an essential question, essential. 

Dear colleague from the Monitoring Committee, the elections in Crimea are not related...the elections in Crimea are a gross violation. It's a violation. If we had here a member from Crimea in the Russian delegation they would not allow him to be with us together. Well, it's a major violation.

Fifty years since the Baltic countries were occupied. Not one country in the world recognised the Baltic occupation. Now, after 50 years, our youngsters cannot visit gulags, and the Mission Siberia — which is the name of the organisation — was banned from entering the cemeteries in Siberia to worship in the places where hundreds of thousands of their forefathers were killed. Russia doesn't allow them go.

So, your saying that everything is okay, please stop the investigation against our judges. And please, I would like to ask the Monitoring Committee, Mr JENSEN. I have an appeal from human rights organisations here, LGBT, talking about amendment number 14.

Delete it. I don't why. Delete it, delete it...

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:50:25

I was flexible enough.

Thank you very much. I'm so sorry.

Mr Tiny KOX, would you like to reply?

You have 6 minutes. Please.

Mr Tiny KOX

Netherlands, UEL, Rapporteur

19:50:40

Thank you very much Mr President.

And thank you very much colleagues.

We have had, I think we all agree, a very in-depth debate on things that did happen, are happening, or might happen with regard to the Russian Federation, our member state, and with regard to other countries in the neighborhood of the Russian Federation.

Many of the things that you mentioned, many of the worries that you mentioned, were already mentioned in resolutions that this assembly decided upon. I mention these resolutions because, if we decide these resolutions remain part and parcel of the decisions that we have taken. And they will be part and parcel of the next report that the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has to prepare for this Assembly.

You yourself asked in June last year the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) to draft at the earliest convenience a fully-fledged report on how Russia is living up to its commitments and obligations. That was your request with a large majority and that is what should happen. And I mentioned that in my resolution. We are in dire need of such a report, where all these issues can be addressed.

But, again, I was not asked to draft that report. We have our co-rapporteurs who will draft a report together with the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee). Then we will have that discussion here. I was only asked by the assembly, as a rapporteur of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), to check whether the credentials which were challenged on substantive grounds should be ratified or not. And then I cannot look at all these elements. That's not my task. I have to look to the rules of procedure and to see what the situation is.

I recall, colleagues, that in June you decided, we decided, by a large majority that we accepted the Russian credentials, which were then also challenged on substantive ground. You said, no, we do not accept that challenge. The Russian delegation's credentials will be accepted.

We are only six months later now and in these six months I mentioned that I did not see in these six months an enormous deterioration. And I noticed that I saw some progress. Progress related to the demands that we, in June, made, with regard to for example that Russia had to cooperate with the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee). Which it's doing now. That Russia has to pay its contributions, which it is doing now. Which they had to release the sailors of Ukraine: it did.

I do not compliment the Russian Federation for what it is doing because they were and are normal requests, and for far too long Russia did not commit to this obligation. But I had to check: is that now a completely different situation compared with June. And then I think I have to be fair, we have to be unbiased that we all can say: no, there are no major changes that would now lead to a completely different decision of this Assembly than the decision that we took in June.

Once again, all the elements that you mentioned on Russia will be part and parcel of the monitoring report that is to be drafted. We will have two new co-rapporteurs: Ms Ria OOMEN-RUIJTEN and Mr Axel SCHÄFER. The Russian delegation has confirmed that they will have access to Russia so they can do the work.

And again, in my resolution I asked to do that as soon as possible. We cannot wait too long. We are already waiting long. We asked in June, so I hope that by June we will have this report, and then we will have the debate on what is happening in the Russian Federation and around. And then we will make up our minds. But that is not the question now. The question is you should judge, after you decided in June by a large majority to ratify the credentials of the Russian delegation, whether there are now, six months later, completely new arguments to say now we have to change and to alter our position.

That is we should do and that is what I was asked to do. I refer to the fact that the monitoring committee has endorsed this report. There was a reference that is my report. No, it's not my report. It's in the hands of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) that decided that this is the report. And it also took position with regard to the amendments that were proposed.

We will come back to that later. But I had a good discussion with the new leader of the Ukrainian delegation, and at her request I reconsidered my resolution and I agreed with her that if she would propose an amendment in which the illegal occupation of Crimea was recalled that I would accept that, because that's a factual thing and it's important, I know, for the Ukrainian delegation. So I have listened to them.

I spoke also with the Russian delegation and many other delegations to see whether I have indeed taken into account what I should take into account. But do not ask me to write a kind of a pre-monitoring report. I am not entitled to do so. You did not ask me, and you did already to the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) to do that as soon as possible as set in the resolution.

We have to look through our rules. Our rules are in this respect clear. We have to check that and, after I checked it together with the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) we came, by a very large majority, to the conclusion that ratifying the Russian credentials is now the appropriate thing to do.

Thank you very much.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:56:53

Thank you very much, Mr Tiny KOX, for your great work. You've done a very intensive work for this one.

Mr Michael Aastrup JENSEN, from the monitoring committee, do you want to speak?

You have 3 minutes please.

 

Mr Michael Aastrup JENSEN

Denmark, ALDE

19:57:03

Thank you so much Chair.

I don't want to prolong this very late debate unnecessarily.

I just want to touch upon a few points.

As a new chair for the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) first of all I will of course thank the rapporteur Mr Tiny KOX for his work and especially the Secretariat.

I would also like to stress what has been raised in this debate. It is important now for Russia, no matter what happens at the vote, that now is time to fully work with for example the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee).

It is a top priority for me as a new Chairman that the new full-fledged report, the monitoring report regarding Russia will be sped up. We will have the necessary arrangements so that there will be a full-fledged access, guaranteed I hope by the Russian authorities, by the Russian delegation, so that the co-rapporteurs can get whatever information they need. But also access. Why I really stress this is because I also know this is a sensitive issue of course. But if we are here and stating that we actually want to come back to normal work, then we should also be able to do that.  Therefore I really hope that what we've been hearing from the Russian Federation so far is actually not only words but it's also concrete action that we can show. Otherwise, I believe it's a case that we will have to come back to.

I really hope that no matter what we will be able to do our work in the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) and I look forward to a full-fledged report regarding Russia in the very near future.

Thank you Chair.

Vote: Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of the Russian Federation|According to Rule 8.3 of the Assembly’s Rules of Procedure

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

19:58:50

Thank you.

Colleagues, the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has presented a draft resolution to which 21 amendments have been tabled.

I want to remind you that members of the delegation of the Russian Federation whose credentials are challenged may sit provisionally with the same rights as other Assembly members until the Assembly has reached a decision.

However, those members shall not vote in any proceedings relating to the examination of the credentials which concerns them.

So I have to make it clear. Russian delegates, you do not have the right to vote on this question. I hope that's clear.

Now we go to the amendments.

First I understand that the Chairperson of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) wishes to propose to the Assembly that Amendment 20 to the draft resolution, which was unanimously approved by the Committee, should be declared as agreed by the Assembly.

Is that so Mr Michael Aastrup JENSEN?

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:00:07

Does anyone object to this?

If there is no objection, amendment number 20 is approved.

We move further to amendment number 13.

I call Mr Serhii SOBOLEV to support it.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

20:00:30

Thank you.

Amendment number 13 is an amendment that Russian will fulfil all the recommendations included in resolutions 1990, 2034 and 2036. It's just all the resolutions that we've approved.

I want you to support this amendment.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:00:53

Does someone wish to speak against? No?

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:01:01

In favor by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:01:05

I shall put the amendment to vote.

The vote is open.

The vote is closed.

The amendment is approved.

Amendment number 1. I call Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:01:36

Thank you Mr President.

As I indicated when I spoke, the rapporteur sort of suggests in paragraph 3 that the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has resumed its work with regard to the Russian Federation.

We're hoping to do so but that is not yet the case, and what the amendment does is simply to spell out the situation as it is and not as some fantasy would like to think it is.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:02:01

Anyone against?

Mr rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:02:06

Mr President,

What is stated here is the conclusion of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) that it has been able to resume its work and that Russian delegation is cooperating with the Committee.

We cannot change facts. This is not fantasy. This is the conclusion of the Committee. Therefore I propose not to accept the proposal of Sir Roger GALE.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:02:27

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:02:29

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:02:32

The vote is open.

The vote is closed.

Result: rejected.

Amendment number 2: Sir Roger GALE, to support it, please.

Sir Roger GALE

United Kingdom, EC/DA

20:02:56

This is an extension of the previous amendment. It's designed to give the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) and its rapporteurs, the freedom to evaluate whether or not they are being given access to the territories that they need to have access to before we ratify the Russian credentials.

This is an attempt to delay, for only three months, while we find out whether the Russians are going to keep their word or not.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:03:20

Anyone to speak against?

The opinion of the rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:03:23

Here we go Mr President.

We just said that the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has been able to resume its work and that the Russian delegation is cooperating. So to delete it in the next amendment does not make sense. It's factual what is here and I should hope that the Assembly supports that, so does not accept the amendment proposed by Sir Roger GALE.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:03:44

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:03:46

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:03:48

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 3: Sir Roger GALE, please, support it.

Sir Roger GALE

United Kingdom, EC/DA

20:04:07

This proposal is designed to remove a statement that is factually quite simply incorrect.

It is not true that in the past six months since the Russian Federation has returned to the Assembly some other recommendations included in Resolution 2292 (2019) have also been addressed.

There is a great deal of progress to be made on all the resolutions passed by this Assembly. This is another attempt to try to set out the facts rather than the fiction.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:04:37

Anyone against, the rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:04:41

Here again, Mr President,

Here the report sums up what has happened since June. These are facts, they cannot be neglected and they should be in the report. To delete these facts doesn't make sense, because I was asked to make a report in which we could consider what has happened since June.

So I ask the Assembly not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:05:05

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:05:07

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:05:09

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 18: Mr Serhii SOBOLEV to support it.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

20:05:30

It's the amendment that tries to use the terms of international law. I thank the Committee for their support, it's just the name of those persons who are in prison.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:05:43

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:05:49

Here too. If this would have been a monitoring report we could have discussed it but I'm not asked to write a monitoring report so I cannot check the information that is given here so I think that we should have this in the upcoming monitoring report. In this report it's not a display, so I asked you not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:06:11

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:06:13

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:06:15

Thank you.

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 4: Sir Roger GALE to support it, please.

Sir Roger GALE

United Kingdom, EC/DA

20:06:35

This is designed to quite simply correct, yet another, error of fact in the report.

Not all the money has been paid.

So the amendment deletes the word "all".

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:06:45

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:06:49

Mr President, this is the information that we got from the Committee of Ministers. According to the Committee of Ministers, the Russian Federation has now paid all due contributions to the ordinary budget and the partial agreement. It is the Committee of Ministers that is in charge with it so it does not make sense to change that factual situation. So I would ask the Assembly not to adopt this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:07:13

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:07:15

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:07:18

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 5: Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:07:34

I'm interested to know, Mr President, some 94 members of this Assembly are prepared to vote for the fiction, rather than the fact. And I'd like that to be a matter of record.

Amendment 5 seeks to state the fact to remove the last sentence and to state, which is a question of fact, that unpaid interest on the Russian debt remains outstanding.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:07:57

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:07:59

Here, Mister President,

I use the phrase used by our Committee of Ministers. According to the Committee of Ministers this is happening. So I do not see that this Assembly should change the statement made by the Committee of Ministers.

So I would like to ask you to vote against this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:08:18

What's the opinion of the Committee?

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:08:22

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 6. In case this amendment is adopted, then amendment 19 falls.

Sir Roger GALE, please.

Sir Roger GALE

United Kingdom, EC/DA

20:08:47

Thank you Mr President.

Paragraph 6 is motherhood and apple pie but we are of course waiting with great interest the work of the Monitoring Committee in respect of the resolutions that have been passed by this Assembly and amendment 7 effectively replaces in due course paragraph 6 but the first thing we have to do is get rid of paragraph 6, which is factually incorrect.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:09:11

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:09:15

Sorry to say, Mister President, but this Assembly asked the Monitoring Committee to make, at the earliest convenience, a report and then to assess what has happened. So, to now accept an amendment that deletes a decision that this assembly took, I think almost 100% that would not make sense.

So I would advise not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:09:38

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:09:39

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:09:41

Thanks.

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 19, Mr Serhii SOBOLEV to support it.

Mr Martin POLIAČIK

Slovak Republic, ALDE

20:10:06

We think that especially in this case it's really important to mention the illegal annexation of Crimea and it should be part of the text because that was why the Russian delegation had to leave this hemicycle in the first place. I don't think it's right that this very event was left out of the text and we would like to have it there.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:10:35

Anyone to speak against?

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:10:40

In favor by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:10:44

I put the amendment to vote.

 

The vote is open.

The vote is closed.

The amendment is approved.

Amendment number 7: Sir Roger GALE.

Sir Roger GALE

United Kingdom, EC/DA

20:11:06

This amendment follows on from amendment 6 and paragraph 6, but adds to the end of paragraph 6 a statement of fact. The fact is that the Assembly notes the compliance of resolution 1990 (2014) with particular regard to the illegal annexation of Crimea, the illegal occupation of the Georgian provinces of Abkhazia and South Ossetia, with a failure to respect state media freedom and freedom of expression in the Russian Federation. All remained to be addressed. That Mr President is a statement of fact.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:11:39

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:11:42

Here, Mr President, elements are mentioned that should belong in the upcoming full-fledged monitoring report. There the assessment can be made. They do not belong in a short resolution on whether or not to ratify the credentials of the Russian delegation. So I advise the Assembly not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:12:03

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:12:04

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:12:07

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 14: Mr Serhii SOBOLEV to support it.

[...]Ok, Madam.

Ms Inese LĪBIŅA-EGNERE

Latvia, EPP/CD

20:12:25

Mister President,

Let me speak for the amendment.

This amendment is not political. This amendment is also not about our occupied territories. This amendment is about the mandate of our Assembly about human rights. The LGTB people of the Russian Federation, Russian citizens, are here in this building and they are asking us to speak their voice, because they can't ask their MPs to touch this subject. Please support this amendment. It is really important that we as a human rights organization, speak for these people.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:13:00

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:13:03

Here too, Mr President. This is something that surely will be an element in the upcoming report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) and then it will be assessed. To put it in this resolution on whether or not to ratify credentials would not make sense, so, therefore, I urge the Assembly not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:13:23

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:13:25

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:13:27

The vote is open

The vote is closed.

The amendment is rejected.

Amendment number 15. Again, Mr Serhii SOBOLEV to support it.

[...]

Anyone to speak on support of this amendment?

Ms Lesia ZABURANNA

Ukraine, ALDE

20:13:58

Thank you.

I would like to remind everybody about very important resolution and, according to this, I would like to insert the following paragraph: "The Assembly stands by its Resolution 2028 on "The humanitarian situation of Ukrainian refugees and displaced persons", calling  for the security and respect for human rights of all those who live under the occupation of the Russian Federation in Crimea, for full respect of all the obligations of the occupying State in accordance with international humanitarian law and provide immediate and unimpeded access for international human rights monitoring missions to the Crimean peninsula."

Thank you. 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:14:41

Anyone against?

The rapporteur?

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:15:05

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:15:06

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:15:08

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 16. Somebody else to speak on behalf of Mr Serhii SOBOLEV?

Please...

Mr Serhii SOBOLEV

Ukraine, EPP/CD

20:15:32

It's not only the path of our previous Resolution 2259, it's about the Sea of Azov and Kerch Strait, that it's not a territory of Russia. It's international territory. It must be out to all ships to pass Kerch Strait and to be in the Sea of Azov. It's also the resolution of the United Nations organisation. If we do not stress this in this resolution we are not in agreement with the United Nations organisation and our previous resolutions.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:16:06

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:16:09

Here too.

The resolutions that are refered to are mentioned in the resolution but, to add more, again, it could be most relevant, it probably will be most relevant, but it will be relevant in the context of the full-fledged monitoring report that you are going to decide, I hope, in a very near future. In the context of this resolution, the amendment is not functioning and I advise the Assembly not to accept it. 

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:16:37

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:16:38

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:16:40

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 17: Mr Serhii SOBOLEV to support it.

Mr Serhii SOBOLEV

Ukraine, EPP/CD

20:17:01

Thank you, Mr President.

If somebody wants to see all delegations in this organisation, you don't distress the international law and the international obligations, that must be before these countries. It's their very real obligation of Russian Federation to open the Sea of Azov and Kerch Strait for all countries. It's not their territory. So I apply for you to support this.

Thank you.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:17:33

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:17:36

Here too, Mr President. I do not take a position with regard to the contents of what is said here. I was not asked to do so. I will not do so. Our co-rapporteurs will do it in their upcoming report. In this context, it is not useful and, therefore, I would advise you not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:17:54

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:17:56

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:17:58

The vote is open.

The votes is closed.

The amendment is rejected.

Amendment number 21. Mr Yuriy KAMELCHUK to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:18:25

In the absence of anybody else, yes.

We tabled this amendment for a reason and we tabled it because we wanted to draw further attention to the resolutions that have not yet been honoured and I believe that this is highly relevant to this report.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:18:40

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:18:43

I suppose I'm sure that in the context of the full-fledged monitoring report all these elements will be studied by the rapporteurs and co-rapporteurs by the committee and in the end by the assembly.

It is not here here the place to to refer to, so I would like to advise you not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:19:03

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:19:04

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:19:06

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 8: Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:19:23

I notice Mr President that the arguments in favour of all of this our jammed tomorrow, presumably when the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has finally been allowed to do its job. That's why this amendment is here, to replace “as soon as possible“ with “as soon as access to all the necessary territories have been permitted“.

We hope and expect that will happen, but we don't know if that will happen.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:19:44

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:19:48

Mr President, may I recall that this Assembly decided in June that we should have a fully-fledged monitoring report at the earliest convenience. So at the earliest convenience is as soon as possible. I want to stress with taking this into the resolution that we do not have time and that we can wait and wait. No, we should have, and as the chair of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) underlined, we should have, as soon as possible, a fully-fledged report because all of what is said here should be part of that debate. So I urge the Assembly to stick to the original text and not to accept the amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:20:25

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:20:26

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:20:28

The vote is open.

The votes is closed.

The amendment is rejected.

Amendment number 9. Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:20:46

We're not getting down to the wire, Mister President.

I'm beginning to wonder whether the word principle means anything in the hemicycle. But one of the fundamental principles is that the participation of the Russian Federation should remain compliant with the resolutions of the parliamentary assembly.

At present, they don't.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:21:08

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:21:11

Amendment 9 is a prelude on amendment 10, so it has to be seen in combination.

I think that I will say with amendment 10 why I'm opposed to it, but therefore amendment 9 does not make sense in this respect, so I would advise you not to accept it.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:21:32

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:21:33

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:21:36

The vote is open.

The votes is closed.

The amendment is rejected.

Amendment number 10: Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:21:51

Apologies, Mr President. I got ahead of myself. Effectively we have already moved this. We do have to have compliance with the assembly's resolutions otherwise those resolutions are not worth the paper they're printed on.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:22:04

We cannot hear.

Microphone please!

Once again.

Sir Roger GALE

United Kingdom, EC/DA

20:22:08

Right, I'm sorry.

We do have to have compliance with the Assembly's resolutions, otherwise those resolutions are not worth the paper that they're written on. And it really isn't good enough to go on saying over and over and over again “oh, this is down to the Monitoring Committee“, that may or may not be allowed to do its work.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:22:24

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:22:26

Mr President, compliance with resolutions of this Parliamentary Assembly is something that we would like that all member states do, but it's not a prerequisite. We have to follow the rules. If we follow the rules then we see that this is not a demand, so we cannot impose it here.

Therefore I advise the Assembly not to adopt this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:22:52

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:22:53

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:22:55

The vote is open.

The votes is closed.

The amendment is rejected.

Amendment number 11. In case this amendment is adopted, amendment 12 falls.

Sir Roger GALE to support it.

Sir Roger GALE

United Kingdom, EC/DA

20:23:19

This final amendment, Mr President - and thank you for your tolerance - replaces paragraph 10 with the words "the Assembly considers that rule 8.2.a and 8.2.b are applicable and resolves to postpone ratification for further consideration until the next part session."

That will give the reporters time to establish whether or not they are granted access to the territories.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:23:44

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:23:48

The findings of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) are that Rule 8.2.a and 8.2.b are not applicable, according to the study that the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) made. So to say that here, that would be completely counter to what we already decided and to postpone the vote will also make not much sense. The credentials were challenged, you have had time to study all this, the Monitoring Committee prepares a resolution, so we should in the end vote on that proposal. So I ask the Assembly not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:24:22

What's the opinion of the Committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:24:23

Against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:24:25

The vote is open.

The vote is closed.

The amendment is rejected.

Amendment number 12: Mr Oleksii GONCHARENKO to support it.

Mr Oleksii GONCHARENKO

Ukraine, EC/DA

20:24:49

Thank you.

This is my amendment and it's the last amendment.

It's the last chance for the Assembly not to commit political suicide and not to ratify the credentials of the Russian Federation.

Whatever the result will be, Putin will lose.

Abkhazia is Georgia. South Ossetia is Georgia.

Donbass is Ukraine. Crimea is Ukraine.

Slava Ukraini! (Glory to Ukraine)

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:25:16

Anyone to speak against?

The rapporteur?

Mr Tiny KOX

Netherlands, UEL, Rapporteur

20:25:20

This amendment is almost the same as the amendment we just did not accept. It asks for a postponement of the decision but at this assembly the credential challenge on Monday has come to a conclusion. The Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) is clear in its conclusion. The Russian credentials have to be ratified on the basis of a study of our rules, so to postpone the decision doesn't make sense, so I would advise the Assembly not to accept this amendment.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:25:51

What's the opinion of the committee?

Mr Michael Aastrup JENSEN

Denmark, ALDE

20:25:54

The committee are against by a large majority.

Mr Kimmo KILJUNEN

Finland, SOC, President of the Assembly

20:25:56

The vote is open. 

Closed.

The result: rejected. 

And, ladies and gentlemen, now a bit of concentration. We are in the final stage. We are now voting about the draft resolution as amended. We need a simple majority and the vote is for the overall draft resolution.

The vote is now open, please.

The vote is closed.

I call for the result.

The draft resolution is now a resolution. It's agreed. It's agreed as amended.

Thank you very much. Now I would like to only announce that the Assembly will hold its next public sitting tomorrow morning at 10 a.m. with the agenda which has been approved already on Monday.

The sitting is adjourned.

Please you are all welcome obviously to the town hall. We have a nice reception there. So thank you very much. Bonne nuit.

Next sitting at 10 am

The sitting was closed at 8.30 pm