MOTION FOR A RESOLUTION on the rule of law in Russia
11.6.2013 - (2013/2667(RSP))
pursuant to Rule 122 of the Rules of Procedure
Cristian Dan Preda, Krzysztof Lisek, Bernd Posselt, Tunne Kelam, Roberta Angelilli, Inese Vaidere, Jarosław Leszek Wałęsa, Eija-Riitta Korhola, Monica Luisa Macovei, Philippe Boulland, Jean Roatta, Lena Kolarska-Bobińska, Filip Kaczmarek, Sergio Paolo Francesco Silvestris, Giovanni La Via, Eduard Kukan, Sari Essayah, Laima Liucija Andrikienė, Róża Gräfin von Thun und Hohenstein, Bogusław Sonik, on behalf of the PPE Group
See also joint motion for a resolution RC-B7-0269/2013
The European Parliament,
– having regard to its previous reports and resolutions on Russia, in particular its resolution on the rules of law in Russia [1]and the report containing the European Parliament’s recommendations to the Council, the Commission and the European External Action Service on the negotiations of the new EU-Russia Agreement[2],
– having regard to the existing Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part (PCA) and to the ongoing negotiations for a new EU-Russia agreement,
– having regard to the ‘Partnership for Modernisation’ initiated in 2010 in Rostov-on-Don and to the commitment made by the Russian leadership to the rule of law as a fundamental basis for the modernisation of Russia,
– having regard to the Constitution of Russia, in particular Article 118 thereof, which states that justice in the Russian Federation shall be administered by courts alone, and Article 120 thereof, which provides that judges are independent and are subordinate only to the Russian Constitution and the federal law,
– having regard to the EU Annual Report on Human Rights and Democracy in the World,
– having regard to the results of the 3-4 June 2013 EU-Russia Summit and the 10 December 2012 human rights consultations,
– having regard to the EU HR statements on the GOLOS, on the situation of NGO’s in Russian Federation and on the Magnitsky case,
– 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,
A. whereas the European Union remains committed to further deepen and develop the relations between the EU and Russia in accordance with the principles enshrined in the Partnership for Modernisation, based on a deep commitment to democratic principles, respect for fundamental and human rights and the rule of law;
B. whereas as a member of the Council of Europe and of the Organisation for Security and Cooperation in Europe (OSCE) and a signatory of the UN declarations, Russia has committed itself to the protection and promotion of human rights, fundamental freedoms and the rule of law;
C. whereas several trials and judicial proceedings over the last years have cast doubt on the independence and the impartiality of the judicial institutions of the Russian Federation, such as the Magnitsky, Khodorkovsky, Politkovskaya and others cases; whereas the high profile cases cited above are just the most well-known cases outside Russia of what amounts to a systematic failure of the Russian state to uphold the rule of law and to deliver justice to its citizens;
D. whereas the adoption of laws over the last months on the registration of political parties, NGO financing, the right of assembly, extremism, defamation, internet filtering restrictions has significantly contributed at deteriorating climate for the development of civil society in Russia;
E. whereas EU-Russia relations continue to suffer from the failure of Russia to fully embrace democratic values and strengthen the rule of law;
1. Reminds the importance of Russia’s full compliance with its international legal obligations, as member of the Council of Europe, and with the fundamental human rights and the rule of law enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights (ICCPR);
2. Expresses its serious concerns about the recent repressive laws and their arbitrary enforcement by the Russian authorities, often leading to harassment of NGOs, civil society activists, human rights defenders and minorities;
3. Is deeply worried by Russia's failure to observe its international legal obligations to protect freedom of association, expression, and assembly, that threaten both the viability of Russia’s vibrant civil society and its cooperation with the EU;
4. Considers that the massive, targeted and intrusive inspections and administrative fines imposed to Russian NGO and its activists, allegedly receiving foreign funding, are inadmissible and interfere with the right to freedom of association; criticises furthermore the raid and pressure applied upon international political foundations;
5. Urges the Russian authorities to stop labelling NGO as “foreign agent” using a law that extended state control on the NGOs, providing a vague definition of political activities included in this law;
6. Urges, in this respect, the Russian authorities to address these concerns by bringing the above-mentioned laws into line with international standards, Russia’s international and constitutional commitments on human rights, including its own Constitution, namely by removing legal, administrative and other restrictions on potential sources of funding for NGO;
7. Calls on Russian authorities to guarantee political pluralism, media freedom, rule of law, independence and impartiality of the judiciary, freedom of speech and assembly, including on the internet, effective and independent trade unions, and non-discrimination as a necessary precondition for Russia’s further development and modernisation that recognizes and protect the individual and collective rights of all its citizens;
8. Expresses concern over reports of politically motivated trials, unfair procedures and failures to investigate serious crimes such as killings, harassment and other acts of violence as verified in the Magnitsky, Khodorkovsky, Politkovskaya and others cases; urges the Russian judicial and law enforcement authorities to carry out their duties in an effective, impartial and independent manner in order to bring perpetrators to justice;
9. Recalls the Parliament recommendation on Common visa restrictions for Russian officials involved in the Sergei Magnitsky case [3] and asks the Council and the Commission to implement an EU wide visa ban and the freeze of assets for all those officials guilty of the death of Magnitsky;
10. Encourages the Presidents of the Council and Commission, as well as the High Representative for Foreign Affairs / Vice-President of the European Commission, to continue to closely follow these cases and to raise these issues in different formats and meetings with Russia and to report back to the Parliament on the exchanges with the Russian authorities
11. Urges the Russian authorities to implement measures to rectify violations in individual cases, including by ensuring that effective investigations are conducted and by holding the perpetrators accountable, and to adopt general measures to implement the rulings, including by making policy and legal changes to prevent similar violations from occurring in the future;
12. Reaffirms its belief that Russia remains an important partner for the European Union in building sustainable and meaningful cooperation based on democracy, rule of law and the respect for fundamental rights;
13. Instructs its President to forward this resolution to the VP/HR, the Council, the Commission, the governments and parliaments of the Member States, the President, the government and parliament of the Russian Federation, the Council of Europe and the Organisation for Security and Cooperation in Europe.