MOTION FOR A RESOLUTION on the case of Nadiya Savchenko

28.4.2015 - (2015/2663(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Charles Tannock, Ryszard Antoni Legutko, Mark Demesmaeker, Ryszard Czarnecki, Anna Elżbieta Fotyga, Tomasz Piotr Poręba, Beata Gosiewska, Roberts Zīle, Ruža Tomašić, Jana Žitňanská, Beatrix von Storch on behalf of the ECR Group

See also joint motion for a resolution RC-B8-0406/2015

B8‑0409/2015

European Parliament resolution on the case of Nadiya Savchenko

(2015/2663(RSP))

The European Parliament,

 

–               having regard to its resolution of 23 October 2013 on the ‘European Neighbourhood Policy: towards a strengthening of the partnership – position of the European Parliament on the 2012 reports’,

–    having regard to the Joint Declaration of the Vilnius Eastern Partnership Summit of 29 November 2013,

− having regard to the Constitution of Russia, in particular Article 118 thereof, which states that justice in the Russian Federation is to be administered by courts alone, and Article 120 thereof, which provides that judges are independent and are subordinate only to the Russian Constitution and federal law,

-     having regard to its previous resolutions on Ukraine and Russia,

-     having regard to Rule 135 of its Rules of Procedure,

A. Whereas in June 2014 Nadiya Savchenko, a Ukrainian military pilot and former officer of the Ukrainian army, was abducted by Russian-backed separatists in eastern Ukraine and later illegally transferred across the border and handed over to Russian officials;

B. whereas Savchenko has been accused by Russian officials of killing of two Russian journalists, Igor Kornelyuk and Anton Voloshin, who died during a mortar barrage on a rebel checkpoint outside Luhansk; whereas according to Savchenko's mobile phone billing data and information provided by Savchenko's defence team, she was captured one hour before the mortar attack and therefore could not have been responsible for directing it;

C. whereas in November 2014 Savchenko was registered as a member of Verkhovna Rada and subsequently nominated an Ukrainian representative to the Parliamentary Assembly of the Council of Europe as from January 2015; whereas article 40 of the Statute of the Council of Europe states that members of the Parliamentary Assembly of states which have ratified the Statute of the Council of Europe shall be inviolable and immune from arrest and other legal procedures;

D. whereas the European Union, United States, Parliamentary Assembly of the Council of Europe, as well as numerous human rights organisations and NGOs have repeatedly called on the Russian authorities for the immediate release of Nadyia Savchenko from custody;

E. whereas between 13 December 2014 and 6 March 2015 Nadyia Savchenko was on hunger strike, which she renewed on March 16;

F. whereas Russian courts have decided that parliamentary immunity stemming from being a member of PACE does not apply in the case of Nadiya Savchenko, as the criminal proceedings have started before she was elected;

G. whereas Russian prosecutors have announced that they are ready to issue additional accusations against Ms Savchenko of illegally crossing the Russian border;

H. whereas on 22 April 2015 the Ukrainian parliament adopted a bill putting in place personal sanctions on the people responsible for the imprisonment of Ms Savchenko, so - called “the Savchenko list”;

I. whereas on 2 March 2015 Nadiya Savchenko was honoured by President Poroshenko as the Hero of Ukraine;

 

1. Stresses that the unconditional release of Nadiya Savchenko was part of the Minsk Agreements and reiterates its call on the Russian authorities to immediately fulfil their legal obligations in this regard;

 

2. Strongly condemns the illegal abduction and imprisonment of Nadiya Savchenko, underlines that Russia bears full responsibility for her life and health and reminds the Russian authorities that her continued detention could lead to further repercussions against Russia;

 

3. Reminds Russian officials about the diplomatic immunity of Ms Savchenko as a member of PACE and of Russia’s international legal obligations to respect this immunity as a member of the Council of Europe;

 

4. Urges the Russian judicial and law enforcement authorities to carry out their duties in an impartial and independent manner and to allow unrestricted monitoring of Ms. Savchenko’s health by Ukrainian and international physicians;

 

5. Calls on the French President and German Chancellor to keep the case of Ms Nadiya Savchenko and her liberation at the top of the agenda during the talks taking place within the Normandy Format;

 

6. Calls on the Presidents of the Council and the Commission, as well as the VP/HR and Member States to continue to closely follow the case of Nadiya Savchenko and to raise this issue in different formats and meetings with Russian authorities;

 

7. Sees the abduction and illegal detention of Ms Savchenko as most notable example of practices used by the Russian authorities not only in the Eastern part of Ukraine, but also in occupied Crimea, where it is mostly targeting Crimean Tatars;

 

8. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe, and the President, Government and Parliament of the Russian Federation.