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Procedure : 2017/2596(RSP)
Document stages in plenary
Document selected : B8-0198/2017

Texts tabled :

B8-0198/2017

Debates :

PV 16/03/2017 - 3.2
CRE 16/03/2017 - 3.2

Votes :

PV 16/03/2017 - 6.2

Texts adopted :

P8_TA(2017)0087

MOTION FOR A RESOLUTION
PDF 260kWORD 50k
See also joint motion for a resolution RC-B8-0190/2017
14.3.2017
PE598.551v01-00
 
B8-0198/2017

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


on the Ukrainian prisoners in Russia and situation in Crimea (2017/2596(RSP))


Johannes Cornelis van Baalen, Petras Auštrevičius, Beatriz Becerra Basterrechea, Dita Charanzová, Marielle de Sarnez, Gérard Deprez, María Teresa Giménez Barbat, Nathalie Griesbeck, Marian Harkin, Ivan Jakovčić, Petr Ježek, Kaja Kallas, Urmas Paet, Maite Pagazaurtundúa Ruiz, Carolina Punset, Jozo Radoš, Frédérique Ries, Marietje Schaake, Hannu Takkula, Pavel Telička, Valentinas Mazuronis on behalf of the ALDE Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on the Ukrainian prisoners in Russia and situation in Crimea (2017/2596(RSP))  
B8‑0198/2017

The European Parliament,

-  having regard to the Association Agreement and the Deep and Comprehensive Free Trade Area between the European Union and the European Atomic Energy Community and their Member States, on the one part, and Ukraine, on the other;

-  having regard to its previous resolutions on Ukraine and on Crimea, on the European Neighbourhood Policy, on the Eastern Partnership and in particular its resolution of 21 January 2016 on the Association Agreements and the Deep and Comprehensive Free Trade Areas with Georgia, Moldova and Ukraine and the resolution of 4 February 2016 on the human rights situation in Crimea and the resolution of 12 May 2016 on the Crimean Tatars;

-  having regard to the Minsk Protocol of 5 September 2014 and the Minsk Memorandum of 19 September 2014 on the implementation of a 12-point peace plan;

-  having regard to the Council decisions continuing the sanctions imposed on the Russian Federation;

-  having regard to Rule 123(2) and (4) of its Rules of Procedure;

 

A.  whereas the annexation of Crimea by the Russian Federation is illegal and in violation of international law and European agreements signed by both the Russian Federation and Ukraine, notably the UN Charter, the Helsinki Final Act and the Budapest Memorandum;

B.  whereas during the duration of annexation the Russian authorities are to be held responsible for the protection of the people and citizens of Crimea, through the de-facto authorities present in the region;

C.  whereas following the annexation or Crimea and the outbreak of fights in Donetsk and Luhansk, a number of Ukrainian citizens are detained in Russia, in Crimea and in the Donetsk and Luhansk regions, some of these prisoners having faced trials and been convicted in courts, both Russian courts and those of the de-facto authorities in Crimea and in Donetsk and Luhansk;

D.  whereas there are serious and credible reports of widespread abuses of human rights in Crimea, in particular allegations of intimidation and disappearances of Crimean Tatars and systematic legal problems over property rights and registration, along with similar reports from Donetsk and Luhansk;

1.  reiterates its commitment to the independence, sovereignty and territorial integrity of Ukraine and the need to maintain full respect for the inviolability of borders in Europe;

2.  reminds the Russian authorities that despite the illegality of the annexation of Crimea, Russia is, in a de-facto capacity, fully responsible for the protection of Crimean citizens from arbitrary judicial or administrative measures;

3.  stresses that the decision of the Russian Federation on 21 March 2014 to incorporate Crimea remains illegal, and deplores the subsequent decision of the Russian authorities to give all inhabitants of Crimea Russian passports;

4.  recalls that according to Russian legislation, the jurisdiction of the Russian justice system applies only to crimes committed on the territory of Russia; deplores that Russian law enforcement agencies initiated several criminal cases regarding acts committed on the territory of Ukraine and Crimea before its annexation; demands that Russia unconditionally release these prisoners from detention;

5.  points out that in the last two years, over 60 Ukrainian citizens were illegally prosecuted by Russian courts, 49 of these being residents of Crimea; while some have been released, for example Nadiya Savchenko, 46 Ukrainian citizens are still detained in Russia, on dubious legal ground; in addition, there is an undisclosed number of Ukrainian citizens arrested by the Russian military forces and their proxies as hostages in the occupied territories of Donetsk and Luhansk, and kept in appalling detention conditions; calls for the release of all the remaining detainees;

6.  condemns the prevailing practice of transfers of detainees to distant regions of Russia, as this severely hinders their communication with families and human rights organisations; underlines that this practice is in breach of Russian legislation in force, in particular Article 73 of the Criminal Enforcement Code, according to which sentences should be served in the region in which the convicts reside or in which the court sentence was handed down;

7.  expresses strong concerns over related reports on the use of torture in detention, of serious procedural weaknesses related to trials in Crimea, inside Russia and in the Donetsk and Luhansk areas and call on the Russian authorities to allow visits from Ukraine by diplomats, international organisations and families of those detained; expresses concern over reports of punitive psychiatric treatments being used;

8.  demands that Russia allows access to international UN, OSCE and Council of Europe missions, in particular the Human Rights Commissioner of the Council of Europe, to those detained, in order to monitor the conditions they face in detention; equally calls on Russia to provide information about the charges raised against those detained, about their health and on conditions they face in detention; expects the EU delegation, EEAS and Member States’ embassies to closely follow legal proceedings against Ukrainian citizens in Russia and to seek access to them, before, during and after their trails;

9.  expresses strong concern over the many credible reports of cases of disappearances, torture and systemic intimidation of local citizens opposed to the annexation of Crimea and in opposition to the new de facto local authorities, and urges the occupational power to properly investigate these cases; condemns the cases when the human rights lawyers have been detained, harassed and persecuted in occupied Crimea; underlines that the Crimean Tatars, as an indigenous people of the peninsula, and their cultural heritage seem to be a prime target for repressions; calls for unrestricted access to Crimea by international institutions and independent experts from the OSCE, the United Nations and the Council of Europe;

10.  strongly condemns the decision of the occupational authorities to ban the Mejlis of the Crimean Tatar People, the highest elected representative body of the Crimean Tatars, and demands its immediate reversal; deplores the legal persecution and threats of arrest of the Mejlis leaders, such as Mustafa Dzhemilev, a Member of the Ukrainian Verkhovna Rada, and Refat Chubarov, the Chairman of the Mejlis;

11.  equally underlines the need for Ukraine to ensure the protection of the rights and needs of displaced Ukrainian citizens, including their right to vote and to enjoy full legal and administrative protection in their country;

12.  reiterates its support for the EU’s decision to prohibit imports from Crimea, as well as for export of certain goods and technologies , investment, trade and services in Crimea and calls on the Council to continue with these restrictive measures until Crimea is reincorporated into Ukrainian legal order;

13.  condemns the ongoing militarisation of Crimea as well as Russia’s threats to deploy nuclear weapons in the peninsula;

14.  underlines that there can be only a political solution to the conflict and reiterate its call for the Minsk agreements to be implemented, which would allow for lifting the economic sanctions in place; on the other hand, stresses that further restrictive measures can be imposed on individuals responsible for gross human rights violations;

15.  instructs its President to forward this resolution to the Council, the Commission, the Vice-President/High Representative of the EU for Foreign Affairs and Security Policy, the Member States, the President of Ukraine, the governments and parliaments of Ukraine and of the Russian Federation, the Parliamentary Assemblies of the Council of Europe and the Organisation for Security and Cooperation in Europe.

Last updated: 14 March 2017Legal notice