MOTION FOR A RESOLUTION on Rule of law in Russia
11.6.2013 - (2013/2667(RSP))
pursuant to Rule 122 of the Rules of Procedure
Helmut Scholz, Marie-Christine Vergiat, on behalf of the GUE/NGL Group
See also joint motion for a resolution RC-B7-0269/2013
The European Parliament,
¾ having regard to its previous resolutions on Russia,
¾ 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,
¾ having regard to the ongoing negotiations for a new agreement providing a new comprehensive framework for EU-Russia relations,
¾ having regard to the opinion of the Venice Commission on the Federal law No. 65 of 8 June 2012 of the Russian Federation on assemblies, meetings, demonstrations, marches and picketing and the code of administrative offences,[1]
¾ having regard to the opinion of the Venice Commission on the Federal law on combating extremist activities of the Russian Federation, [2]
¾ having regard to the opinion of the Venice Commission on the Federal law on the Federal Security Services (SFB) of the Russian Federation, [3]
¾ having regard to the communication of the Office of the UN High Commissioner for Human Rights about the cooperation of Anti-Discrimination Centre Memorial in St Petersburg and the Public Verdict Foundation in Moscow with UN agencies of 17 May 2013
– having regard to Rule 122 of its Rules of Procedure,
A. whereas as a member of the Council of Europe since 1996 and party to the European Convention on Human Rights (ECHR) since 1998, Russia has strict and clear obligations to respect the right to freedom of association;
B. whereas following increased mobilization of civil society and mass demonstrations in 2011/2012 a series of laws was introduced by the Russian government and adopted by the Russian State Duma which limit the possibilities of the civil society to act; whereas theses laws i.e. impose harsh fines for unsanctioned meetings, identify nongovernmental organizations as "foreign agents" if they engage in "political activity" while receiving foreign funding, allow authorities to block Web sites without a court order;
C. whereas the Venice Commission, the Council of Europe’s advisory panel on constitutional matters, came to the conclusion that the recently adopted laws on assemblies, meetings, demonstrations, marches and picketing and the code of administrative offences, combating extremist activities and on the Federal Security Services are not in line with the applicable international standards; whereas non of the recommendations of the Venice Commission concerning theses laws has been taken into consideration by the Russian authorities,
D. whereas a 2007 recommendation[4] by the Council of Europe’s Committee of Ministers states that foreign funding of nongovernmental organizations should be subject “only to the laws generally applicable to customs, foreign exchange and money laundering and those on the funding of elections and political parties.”; whereas in October 2013, the Venice Commission,, is expected to issue an opinion on the “foreign agents” law;
E. whereas since March 2013, the government has inspected hundreds of groups across Russia as part of a massive campaign to identify “foreign agents” and to force these organizations to register as “foreign agents"; whereas the targeted groups consists mainly of organizations that do human rights, public outreach, or environmental work, or that in some way are critical of government practices
F. whereas the Prosecutor's Office of the Admiraly district initiated an administrative case against the Anti-Discrimination Centre Memorial in St Petersburg in relations to alleged violations of the Administrative Code of the Russian Federation based on quotes from information submitted by this Organization to the UN Committee against Torture, contained in the report "titled "Roma, Migrants, Activists: Victims of Police Abuse";
G. whereas many members of the political opposition face charges and trials; whereas due process was denied during the detentions and trials of protesters arrested following the May 6, 2012 demonstration in Moscow; whereas the detention conditions of the Maria Elekhina and Nadezhda Tolkonnikova, members of the of the punk rock group Pussy Riot, who were charged for performing a punk protest song in front of the altar inside the Christ the Sevior Cathedral in Moscow to two years of prison contradict internationally recognized legal standards; :
H. whereas according to the April 2013 report by the ombudsman for human rights, Vladimir Lukin, more than 57% of the 26,000 complaints received by the country's human rights commissioner's office were filed in connection with violations of personal (civil) rights, whereas of these, 59 % pertained to the violation of the right to a fair trial;
I. whereas as result of the last months' policy fuelled a nationalistic atmosphere in which defenders of human and democratic rights are harassed and intimidated as the case of Igor Sazhin, a member of Komi Human Rights Commission Memorial shows;
J. whereas Lesbian, gay, bisexual, or transgender (LGBT) persons in the Russian Federation are ensured the full protection under Russian constitution; whereas as of 2008 Russia has no criminal law on federal level directed at LGBT people; whereas contrary to the federal legislation recently adopted new local laws discriminate against lesbian, gay, bisexual, and transgender people by imposing a ban on "propaganda" of homosexualism, bisexualism, transgenderism and pedophilia, while lacking the exact and unambiguous definition of what exactly should be considered "propaganda"; whereas Pride parades are banned; whereas in May 2013 a 23-year-Old Russian man was brutally beaten to death for being gay after coming out to his friends
K. whereas Russia is ranked 133 out of 176 on the 2012 Corruption Perceptions Index; whereas on one side the Russian government is taking measures to stop officials from hiding illicit wealth as part of its programme to curb corruption, it threatens on the other side the civil society to exercise democratic scrutiny of the government;
1. Expresses its sympathy with the Russian citizens who want more accountability and respect from the government, parliament and the authorities; encourages Russia to promote the engagement of a critical civil society;
2. Expresses serious preoccupation that during the period after the last elections laws are being passed that are restricting civil society space instead ones designed to create an environment that would help civil society enhance human rights promotion and protection,
3. Expresses deep concern at the worsening conditions for the civil society, notably human rights organizations, is extremely worried concern at the recent checks conducted on the basis of the “foreign agents” law, harassments and intimidations against human rights defenders and the ongoing court cases against opposition leaders and civil society activists, for instance against the Memorial NGO, winner of the Sakharov Prize in 2009,
4. Calls on Russia to fully respect its obligations as a member of the OSCE and of the Council of Europe, including respect for the right of association, press and media freedom and the right to peaceful demonstrations; calls on Russia to take into the recommendations of the Venice Commission into consideration and review the recently adopted laws; Calls on the Russian government and Parliament to ensure that its laws are in line with its international human and democratic rights commitments and national legal framework;
5. Calls on Russia to immediately stop any action aimed at harassing, intimidating, and discrediting civil society groups, including the ongoing paralysing and intrusive inspections of NGOs and derogatory statements describing NGOs as agents of hostile foreign influence and questioning their legitimate rights to engage in human rights monitoring
6. Deplores the failure of the Russian authorities to undertake a impartial investigation into the violent escalation of a meeting of peaceful participants of a protest meeting against the inauguration of president Putin at the Bolotnaya square in Moscow on May 6, 2012; underlines the importance of an objective and comprehensive public assessment of events, supports the calls for a thorough and comprehensive investigation into each individual complaint against unlawful violence by the law enforcement agents on May 6th, 2012; calls on the Russian authorities to ensure compliance with, and exercise of human rights for all suspects and accused persons in the May 6th, 2012 cases and to reconsider pre-trial detention of the suspects and accused persons ;
7. Expresses deep concern at the resurgence hate and of violence against lesbian, gay, bisexual, or transgender (LGBT); calls on the Orthodox Church to refrain from fuelling this development; calls on the Russian government and parliament to refrain from adopting a federal legislation on “homosexual propaganda”, which it believed could increase discrimination, calls on the regional authorities in Russia to lift the local laws against lesbian, gay, bisexual, and transgender people and to guaranty their freedom of expression and right
8. Takes the view that these controversial questions can only be solved by respectful dialogue and without political interference; criticises that the current human rights dialogue is too much limited to state interlocutors, calls on the EU and its Member States to deepen engagement with Russians at all levels, the economy, business, cultural activities, tourism, exchange programs; takes the view that the speedy progress in the visa dialogue is an appropriate way to promote mutual understanding and rapprochement of the different human rights concept of the peoples of Russia and the EU;
9. 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.
- [1] OPINION ON FEDERAL LAW NO. 65-FZ OF 8 JUNE 2012 OF THE RUSSIAN FEDERATION AMENDING FEDERAL LAW NO. 54-FZ OF 19 JUNE 2004 ON ASSEMBLIES, MEETINGS, DEMONSTRATIONS, MARCHES AND PICKETING AND THE CODE OF ADMINISTRATIVE OFFENCES , adopted by the Venice Commission at its 94TH Plenary Session (Venice, 8-9 March 2013), CDL-AD(2013)003
- [2] OPINION ON THE FEDERAL LAW ON COMBATING EXTREMIST ACTIVITY OF THE RUSSIAN FEDERATION, adopted by the Venice Commission at its 91st Plenary Session (Venice, 15-16 June 2012), CDL-AD(2012)016
- [3] OPINION ON THE FEDERAL LAW ON THE FEDERAL SECURITY SERVICE (FSB) OF THE RUSSIAN FEDERATION, adopted by the Venice Commission at its 91st Plenary Session (Venice, 15-16 June 2012), CDL-AD(2012)015
- [4] Recommendation CM/Rec (2007)14 of the Committee of Ministers to member states on the legal status of non-governmental organisations in Europe