Document stages in plenary
Document selected : B7-0111/2011

Texts tabled :

B7-0111/2011

Debates :

PV 15/02/2011 - 5
CRE 15/02/2011 - 5

Votes :

PV 17/02/2011 - 6.6
Explanations of votes

Texts adopted :


MOTION FOR A RESOLUTION
PDF 118kDOC 69k
9.2.2011
PE459.643v02-00
 
B7-0111/2011

to wind up the debate on the statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy

pursuant to Rule 110(2) of the Rules of Procedure


on the rule of law in Russia


Eva-Britt Svensson, Helmut Scholz on behalf of the GUE/NGL Group

European Parliament resolution on the rule of law in Russia  
B7‑0111/2011

The European Parliament,

–   having regard to its previous resolutions on Russia,

–   having regard to the Partnership and Cooperation Agreement between the European Union and the Russian Federation, which entered into force in 1997 and has been extended pending its replacement by a new agreement,

–   having regard to the ongoing negotiations for a new agreement providing a new comprehensive framework for EU-Russia relations,

–   having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Declaration on Human Rights Defenders and the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms,

–   having regard to Rule 110(2) of its Rules of Procedure,

A. whereas Human Rights Watch states in its world report 2011: ‘ Russia demonstrated increased openness to international cooperation on human rights, but the overall human rights climate in the country remained deeply negative. President Dmitry Medvedev’s rhetorical commitments to human rights and the rule of law have not been backed by concrete steps to support civil society. The year 2010 saw new attacks on human rights defenders, and the perpetrators of brazen murders in the previous year remained unpunished’,

B.  whereas even Valerii Zorkin, President of the Russian Constitutional Court, noted that ‘true legal awareness and respect for the law has not yet become integrated into a generally accepted system of values even among many public offices who frequently believe that the interests of the state and of state owned enterprises should by definition prevail over the interests of ordinary citizens’,

C. whereas a number of high-profile cases, such as the second trial of M. Khodorkovsky and P. Lebedev, the proceedings against the managers and lawyers of HSBC/Hermitage, the investigation into the murder of A. Politkovskaya, the prosecution of Y. Samodurov and the dismissal of Judge Kudeshkina and several other judges, give rise to concerns about the deterioration of the rule of law in Russia,

D. whereas the Council of Europe criticised that judges are subjected to an increasing level of pressure aimed at ensuring convictions in almost all cases brought to court by the prosecutor’s office; whereas lawyers are still subjected to searches and seizures and other forms of pressure in violation of Russian law and Council of Europe standards,

E.  whereas close to 30% of the cases currently awaiting attention by the European Court of Human Rights now concern Russia, far more than for any other country; whereas the European Court of Human Rights has issued more than 150 judgments holding Russia responsible for grave human rights violations in Chechnya; whereas Russia continues to pay the required monetary compensation to victims but fails to meaningfully implement the core of the judgments, in particular conducting effective investigations and holding perpetrators accountable,

F.  whereas Russia has fallen to 154th place (out of 178) in Transparency International’s ranking of countries in terms of the perceived corruption of their public officials (including police and judges),

G. whereas despite the Kremlin’s repeated statements about the importance of normal working conditions for NGOs, human rights defenders remain vulnerable to harassment and attacks, and those working to end impunity in the North Caucasus are especially at risk,

H. whereas NGOs and the media remain vulnerable to vague anti-extremist legislation; whereas in July 2010, new provisions to the law on the Federal Security Service (FSB) were adopted allowing the FSB to issue warnings to individuals, organisations, and media outlets; whereas warnings require individuals or organisations to stop activities the FSB considers actually or potentially extremist,

I.   whereas there is a growing number of instances of arbitrary restrictions of the right to freedom of assembly, and the increasingly harsh sentencing to which peaceful protesters are being subjected by the authorities; whereas throughout 2010, police continued to disperse, sometimes violently, the public rallies held in large cities on the thirty-first day of each month in support of Article 31 of the constitution, which guarantees freedom of assembly; whereas organisers of demonstrations often face harassment and intimidation, including from law enforcement officials and members of pro-government organisations,

J.   whereas migrant workers in Russia face abuses that include confiscation of passports, denial of contracts, non-payment or delayed payment of wages, and unsafe working conditions; whereas the legislative changes adopted in May tie foreign workers more closely to their employers and may discourage a worker from leaving an abusive employer; whereas this is in particular worrying in the context of the large-scale construction projects necessary for Russia to host the 2014 Winter Olympic Games in Sochi,

1.  Underlines that the rule of law and respect for human rights are important for the stability in the region; takes the view that EU and Russia as all other countries have to work actively to guarantee these principles for all their citizens; insists that this is an important criteria for the development of the relations between the EU and Russia;

2.  Stresses once more that democracy and human rights must be at the core of the new comprehensive framework agreement with the Russian Federation, with regard, in particular, to the definition and inclusion of an effective and operational human rights clause;

3.  Reiterates its call for a stepping-up of the EU-Russia dialogue on human rights and rule of law and to open this process to an effective input from the European Parliament and the State Duma, civil society, NGOs and human rights organisations;

4.  Stresses the fundamental importance, for the rule of law and the protection of individual freedom, of shielding criminal justice systems throughout Europe from politically motivated interferences; expresses its serious concern about the cases where Russia failed to guarantee this principle; underlines that no references to the stated uniqueness of the country’s historic legacy, judicial or governance traditions can be used as a pretext for ignoring or, even worse, abusing international legal and democratic norms, human rights and human dignity;

5.  Expresses its sympathy and solidarity with the friends and families of all victims of the recent Moscow Domodedovo Airport bombing and other attacks on the civilian population of the Russian Federation; underlines that the fight against such terrorist actions must not lead to further restriction of fundamental civil rights; is in this regard deeply concerned about the new scope of action for FSB;

6.  Expresses its deepest concern at the resurgence of violence and acts of terrorism in the Russian Federation, and especially in the North Caucasus; calls, on the one hand, for an end to such terrorist acts and, on the other hand, on the Russian authorities to put an end to the widespread climate of impunity for human rights violation and the absence of the rule of law in that region;

7.  Calls on Russia to respect fully its obligations as a member of the OSCE and of the Council of Europe, including respect for the right of association and the right to peaceful demonstrations;

8.  Calls on the Russian authorities to put an end to the ongoing and widespread impunity for violence against human rights defenders and to protect and guarantee their physical integrity in conformity with relevant international and regional human rights instruments; calls in particular on the Russian authorities to adopt preventive protection measures as regards human rights defenders such as starting investigation as soon as threats faced by them are known by the prosecutor and the judicial system;

9.  Demands in case of convictions by the European Court of Human Rights against the Russian Federation the resumption of investigations by the Russian authorities and the review of the legal systems in order to avoid further violations of international law;

10. Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Government and Parliament of the Russian Federation, the OSCE and the Council of Europe.

 

Last updated: 15 February 2011Legal notice