Propuesta de resolución - B7-0288/2013Propuesta de resolución
B7-0288/2013
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MOTION FOR A RESOLUTION on the rule of law in Russia

11.6.2013 - (2013/2667(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 122 of the Rules of Procedure

Charles Tannock, Marek Henryk Migalski, Paweł Robert Kowal, Ryszard Antoni Legutko, Ryszard Czarnecki, Tomasz Piotr Poręba, on behalf of the ECR Group

See also joint motion for a resolution RC-B7-0269/2013

NB: This motion for a resolution is available in the original language only.
Procedimiento : 2013/2667(RSP)
Ciclo de vida en sesión
Ciclo relativo al documento :  
B7-0288/2013
Textos presentados :
B7-0288/2013
Textos aprobados :

B7‑0288/2013

European Parliament resolution on the rule of law in Russia

(2013/2667(RSP))

The European Parliament,

–    having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the protocols thereto,

–    having regard to the EU-Russia human rights consultation,

–    having regard to numerous credible reports by Russian and international non-governmental organisations (NGOs) on the continuing grave violations of human rights in Russia, to the judgments of the European Court of Human Rights concerning Russia, and the very high number of human rights cases concerning Russia that are pending before the Court,

–    having regard to the existing Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, on the one part, and the Russian Federation, on the other part, and the negotiations initiated in 2008 on a new EU-Russia agreement,

–    having regard to the ongoing negotiations for a new agreement providing a new comprehensive framework for EU-Russia relations, as well as to the ‘Partnership for Modernisation’ initiated in 2010,

–    having regard to its previous reports and resolutions on EU-Russia relations and situation in Russia as well as on political use of justice in Russia;

-     having regard to European Parliament recommendation adopted in October 2012 on targeted sanctions against individuals involved in the death of Sergei Magnitsky, and against others responsible for serious violations of human rights and corruption in Russia;

–    having regard to Rule 122 of its Rules of Procedure;

 

 

 

A.  whereas the Constitution of the Russian Federation guarantees its citizens full rights and liberties; whereas Russia is member of the Council of Europe and Organization for Security and Cooperation in Europe (OSCE) and signatory to numerous international treaties, including European Convention of Human Rights, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights,

 

B.   whereas a fully functioning civil society is a cornerstone of any democratic country and an indication of the level of freedom and rule of law,

 

C.  whereas in the Joint Statement on the Partnership for Modernisation (PfM) the EU and Russia stated that their relationship is based on the rule of law; whereas the PfM should serve as an integral part of a new legally - binding Partnership and Cooperation Agreement, which must include a comprehensive section on human rights,

 

D.  whereas in the Russian Federation ruled by Vladimir Putin there is insufficient confidence in the rule of law and independence of the judiciary, judicial processes clearly do not meet internationally recognised standards and are often used in a politically motivated way;

 

E.   whereas the arrests of opposition activists and sentencing them to serve time in prison and penal colonies are politically used to intimidate opposition leaders in Russia;

 

F.   whereas independent non-governmental organisations and civil society activities are the cornerstones of democracy and modern society; whereas the new Duma legislation on civil activities will make the functioning of NGOs using foreign grants more difficult and will give them the status of ‘foreign agents’ and will also restore criminalising ‘defamation’ and introduce the ability to block websites which appear to have inappropriate contents; whereas the new law on civil society leads to freezing changes in Russian society and limiting its development as well as counters opposition activity by increasing its financial and political costs;

 

G.  whereas there was a tide of unexpected mass searches in the offices of NGO's in Russia; whereas according to human rights activists the aim of it is to intimidate and to crush civil society as well as to push human rights activists to the margins of law;

 

H.  whereas at least 59 Russian NGOs are found to be “foreign agents” as the result of inspections conducted by the authorities of the country; whereas in April 2013, there was a first trial against NGO based on "foreign agents" law; whereas the "Golos" organization, which main target is to monitor elections, was found guilty and the court sentenced a fine which if implemented would stop the activity of this organization; whereas another five NGOs face administrative cases in which they may be fined up to 500,000 rubles and their leaders – up to 300,000 rubles;

 

I.    whereas the trial of 12 of 28 "Bolotna Square prisoners" has started in June 2013; whereas earlier in this case two prisoners were sentenced: Maksim Łuzianin in November last year to 4.5 years in prison colony and Konstantin Lebedev in April 2013 to 2.5 years in prison;

 

J.    whereas one of the opposition leaders, Alexei Navalny, faces another fraud trial with the risk of long-term prison sentence, while court handling of this trial raises many concerns; whereas five criminal cases are currently underway against the famous blogger;

 

K.  whereas on May 6 Russian Ministry of Justice announced to suspend the registration of 7 new political parties, including the National Alliance formed by supporters of the leading Russian opposition activist Alexei Navalny;

 

L.   whereas the European Parliament pronounced the last Duma elections as not free and not fair; whereas since the taking of power in Russia by Vladimir Putin no elections were recognised by Western observers as free and democratic;

 

M.  whereas the United States adopted a law banning entry to United States for officials suspected of human rights violations and named it as ‘Magnitsky Law’ in honour of Sergei Magnitsky, who died in 2009 in prison after he exposed corruption within the ranks of the Russian tax services and the Ministry of Internal Affairs and whose arrest and subsequent death for many people has become a symbol of Russian injustice; whereas Russia has condemned the adoption of this law;

 

N.  whereas European Parliament adopted in October 2012 a recommendation on targeted sanctions against individuals involved in the death of Sergei Magnitsky, and against others responsible for serious violations of human rights and corruption in Russia; whereas The Council has not reacted to this recommendation and seems intent on reaching an agreement with Russia that would allow officials - including those individuals who conspired in Magnitsky's detention, torture and death - to travel freely to the EU;  

 

O.  whereas in May 2013 there was a rally attended by tens of thousands of critics of the Kremlin and Putin's policies; whereas they marched through central Moscow and demanded "Freedom for political prisoners" and "Russia without Putin" as well as they condemned the increasing crackdown towards civil society;

 

P.   whereas according to Georgian TV Russian soldiers who carry out work on the demarcation of the border in the separatist South Ossetia border shifted it about 300 meters;

 

R.   whereas Mikhail Biekietow, a journalist who protested against the logging of Chimki forest and who published material critical of the local authorities, died on 8 of April; whereas in November 2008 he was savagely beaten and permanently wounded by unknown assailants;

 

S.   whereas it is important for the EU to speak with one voice, show solidarity and display unity in its relations with the Russian Federation;

 

 

1.   Stresses that the future development of EU-Russia relations will be dependent on the efforts to strengthen democracy, the rule of law and respect for fundamental rights in Russian Federation;

 

2.   Notices that since March 2012 presidential elections in Russia, a series of repressive laws have been swiftly adopted in the Russian Federation, for the first time in the post-Soviet history of Russia fundamentally restricting three fundamental freedoms together – freedom of expression, freedom of assembly, and freedom of association; notices and regrets that this unprecedented legislative package is a clear response by the Russian authorities to numerous public protests held in winter and spring of 2012; notices that as a result of adoption of these laws, accompanied by hostile government rhetoric towards participants of the protests, political opposition, human rights defenders, and NGOs, legal and political conditions for non-governmental organisations have significantly deteriorated;

 

3.   Calls on Russia to fulfil its obligations in the field of human rights, rule of law and independent judicial processes as a member of the Council of Europe and Organisation for Security and Cooperation in Europe (OSCE) and signatory to numerous international treaties, including the European Convention of Human Rights, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights;

 

4.   Strongly condemns all acts of repressions carried out by the Russian authorities and directed against representatives of civil society and democratic opposition;

 

5.   Strongly condemns the new legislation on public rallies and NGOs and calls on Russian authorities to review it and to remove any restrictions towards the activities on independent NGOs and civil society activists; calls for precise legal provisions in the new legislation to prevent possibilities of misinterpretation and political use of new law;

6.   Strongly condemns the mass searches in the offices of NGO's in Russia; calls on Russian authorities for the immediate cessation of these activities and to stop all the political motivated trials and withdraw charges against civil society organizations and activists which are based on new legislation;

7.   Reiterates its call on Russian authorities to stop intimidation and harassment of human rights defenders and refrain from harsh administrative measures against lawfully-engaged organisations, to investigate the murders and beatings of journalists, lawyers and activists and bring the perpetrators of such acts to justice;

8.   Calls on the HR/VP and the Commission for consistent and deep support for civil society activists and representatives of grassroots social movements against undemocratic practices of the Russian authorities; calls on the EU for applying constant pressure on the Russian authorities to meet the OSCE standards of human rights, democracy, rule of law and the independence of the judiciary; Calls on the Commission to provide support to non-governmental organisations, institutions and organisations that follow human rights issues and independence of the courts in the Russian Federation;

 

9.   Reiterates that the EU expects Russia to respect the commitments agreed upon at the international level, notably as members the Organization for Security and Cooperation in Europe and of the Council of Europe, in particular with regard to promoting democracy and respect for human rights and private property;

 

10.  Reminds that in October 2012 European Parliament adopted a recommendation on targeted sanctions against individuals involved in the death of Sergei Magnitsky and against others responsible for serious violations of human rights and corruption in Russia;

 

11.  Calls on The Council to react to this recommendation and not to reach the agreement with Russian Federation which would allow to travel freely to the EU for those officials who are responsible for death of Sergei Magnitsky and others who are involved in persecution of civil society activists;

 

12.  Calls for the EU to adopt the Foreign Affairs Council (FAC) conclusions on human rights in Russia that would highlight the EU’s concern about the persistently hostile human rights climate, including space for civil society to function without undue restrictions and the safety of human rights defenders and civil society activists; is concerned about impunity for alleged ongoing torture, enforced disappearances and other serious abuses in the regions of Russian Federation and underlines the importance of Russia’s full implementation of European Court of Human Rights judgments as a means to address these abuses;

 

13. Calls on the High Representative/Vice President and the EEAS to continuously monitor human rights situation and rule of law in Russia and to regularly – at least twice a year – inform the European Parliament about developments in this area;

 

14. Instructs its President to forward this resolution to the Council, to the Commission, to the Council of Europe, to the Secretary General of the United Nations, to the Russian State Duma and to the President of the Russian Federation.