MOTION FOR A RESOLUTION on Russia in particular the case of Eston Kohver, Oleg Sentzov and Alexander Kolchenko

8.9.2015 - (2015/2838(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 135 of the Rules of Procedure

Pier Antonio Panzeri, Josef Weidenholzer, Knut Fleckenstein, Richard Howitt, Liisa Jaakonsaari, Nicola Caputo, Neena Gill, Eric Andrieu, Maria Arena, Roberto Gualtieri, Victor Negrescu, Zigmantas Balčytis, Kati Piri, Hugues Bayet, Sergio Gutiérrez Prieto, Jonás Fernández, Afzal Khan, Eider Gardiazabal Rubial, Anna Hedh, Jeppe Kofod, Brando Benifei, Vincent Peillon, Marlene Mizzi, Inmaculada Rodríguez-Piñero Fernández, Javi López, David Martin, Daciana Octavia Sârbu, Flavio Zanonato, Goffredo Maria Bettini, Andi Cristea, Cătălin Sorin Ivan, Julie Ward, José Blanco López, Csaba Molnár, Tibor Szanyi, Vilija Blinkevičiūtė, Biljana Borzan, Enrico Gasbarra, Alessia Maria Mosca, Andrea Cozzolino, Viorica Dăncilă, Damiano Zoffoli, Doru-Claudian Frunzulică, Maria Grapini, Theresa Griffin, Kashetu Kyenge, Krystyna Łybacka, Louis-Joseph Manscour, Sorin Moisă, Tonino Picula, Miroslav Poche, Claudia Tapardel, Marju Lauristin, Victor Boştinaru, Elena Valenciano on behalf of the S&D Group

See also joint motion for a resolution RC-B8-0845/2015

B8‑0855/2015

European Parliament resolution on Russia in particular the case of Eston Kohver, Oleg Sentzov and Alexander Kolchenko

(2015/2838(RSP))

The European Parliament,

–  having regard to its previous reports and resolutions on Russia, in particular its resolution , of 23 October 2012 on common visa restrictions for Russian officials involved in the Sergei Magnitsky case, of 13 June 2013 on the rule of law in Russia, of 13 March 2014 on Russia: sentencing of demonstrators involved in the Bolotnaya Square events, and the European Parliament recommendation to the Council of 2 April 2014 on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case, of 23 October 2014 on the closing-down of the NGO ‘Memorial’ (winner of the 2009 Sakharov Prize) in Russia (2014/2903(RSP)); of 12 March 2015 on the murder of the Russian opposition leader Boris Nemtsov and the state of democracy in Russia (2015/2592(RSP)) and of 10 June 2015 on the state of EU-Russia relations (2015/2001(INI)),

–  having regard to the statement by High Representative/Vice-President Mogherini on the verdict against Estonian police officer Kohver, 19 August 2015

–  having regard to the statement by the EEAS Spokesperson on the abduction and continued illegal detention of the Estonian police officer, 4 March 2015

–  having regard to the statement by High Representative/Vice-President Mogherini on the sentencing by a Russian court of Ukrainian citizens O. Sentsov and O. Kolchenko, 25 August 2015

–  Statement by High Representative/Vice-President Federica Mogherini on the continued detention of Nadiya Savchenko (4 March 2015) statement that includes a reference to Oleg Sentsov and other illegally detained Ukrainian citizens;

–  having regard to its recommendation of 2 February 2012 to the Council on a consistent policy towards regimes against which the EU applies restrictive measures,

–  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, as well, the suspended 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 EU-Russia human rights consultations of 28 November 2013,

–  having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

 

 

A. whereas Russia, as a member of several international organisations such as the Council of Europe, the Organisation for Security and Cooperation in Europe and the United Nations, has committed itself to the protection and promotion of human rights, fundamental freedoms and the rule of law, and whereas the European Union has repeatedly offered additional assistance and expertise to help Russia to modernise and abide by its constitutional and legal order, in line with Council of Europe standards;

B. whereas there are concerns about developments in the Russian Federation with regard to respect for and the protection of human rights and respect for commonly agreed democratic principles and the rule of law;

C. whereas several trials and judicial proceedings over the last few years, such as the Navalny, Magnitsky, Khodorkovsky and Politkovskaya cases, have cast doubt on the independence and impartiality of the judicial institutions of the Russian Federation; whereas the high profile cases cited above are merely 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 almost one year after the abduction of Estonian police officer Eston Kohver by the Russian Security Services on Estonian territory, the Pskov Oblast's regional court convicted him to a sentence of 15 years imprisonment;

E. whereas Mr Kohver’s abduction and subsequent illegal detention in Russia constitute a clear violation of international law; whereas from the very beginning, Mr Kohver has been deprived of the right to a fair trial: there was no public hearing of the case, the Estonian consul was not allowed to be present at the hearings and Mr Kohver was deprived of adequate legal aid;

F. whereas on 25 August 2015 the North Caucasus military court in Russia sentenced Ukrainian film director Oleg Sentsov to twenty years imprisonment on charges of terrorism and his co-defendant Oleksandr Kolchenko to ten years imprisonment;

G. whereas, considering the illegal annexation of the Crimean Peninsula by Russia, the Russian courts are not competent to judge acts committed outside the internationally-recognised territory of Russia;

H. whereas there is an increasing need for a firm, coherent and comprehensive EU policy towards Russia, supported by all the Member States, with support and assistance backed up by firm and fair criticism;

I.  whereas the European Union has important relations with the Russian Federation and stands ready to engage in a frank and open dialogue with it;

 

1. Reminds Russia of the importance of full compliance with its international legal obligations, as a member of the Council of Europe and the Organisation for Security and Cooperation in Europe, and with the fundamental human rights and the rule of law enshrined in various international treaties and agreements that Russia signed and is part of;

 

2. Strongly condemns the illegal sentence and Mr. Kohver’s imprisonment; calls on the Russian Federation to immediately release Eston Kohver and to guarantee their safe return to Estonia; considers the case to be in breach of international law and elementary standards of justice;

3. Deplores that Mr. Kohver did not receive adequate legal aid, has been deprived of the right of fair proceedings and has been ordered to undergo unfounded psychiatric examination, the details of which remain unknown;

4. Strongly condemns the illegal sentence and the imprisonment of Oleg Sentsov and Oleksandr Kolchenko; calls for the release of Oleg Sentsov and Oleksandr Kolchenko and demands that the Russian authorities to investigate the allegations of torture claimed by defendants and witnesses of the case, which were rejected by the prosecutor during the trail; considers the case to be in breach of international law and elementary standards of justice;

 

5. Calls for the release all illegally detained Ukrainian citizens, this being in line with the agreed "Package of measures for the implementation of the Minsk agreements" and the commitment to release all hostages and detained persons related to the conflict in Ukraine;

 

6.  Calls on the Presidents of the Council and the Commission, as well as the VP/HR to continue to follow such cases closely, to raise these issues in different formats and meetings with Russia, and to report back to Parliament on the exchanges with the Russian authorities;

7.  Urges the Council to develop a unified policy towards Russia that commits the 28 EU Member States and the EU institutions to a strong common message concerning the role of human rights in the EU-Russia relationship and the respect for of international law; upholds the necessity for an EU strategy aimed at getting Russia to fully respect the OSCE principles and at motivating Russia’s leadership to move it out of its political and economic self-isolation;

8.  Urges the Commission and the EEAS, with regard to the ongoing programming phase of the EU financial instruments, to increase its financial assistance to Russian civil society through the European Instrument for Democracy and Human Rights and the civil-society organisations and local authorities funds, and to include the EU‑Russia Civil Society Forum in the Partnership Instrument in order to ensure sustainable and credible long‑term support;

9.  Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe, and the President, Government and Parliament of the Russian Federation.