MOTION FOR A RESOLUTION on the case of Ildar Dadin, prisoner of consience in Russia
22.11.2016 - (2016/2992(RSP))
pursuant to Rule 135 of the Rules of Procedure
Charles Tannock, Mark Demesmaeker, Geoffrey Van Orden, Ryszard Antoni Legutko, Ryszard Czarnecki, Tomasz Piotr Poręba, Karol Karski, Anna Elżbieta Fotyga, Angel Dzhambazki, Monica Macovei, Raffaele Fitto, Jana Žitňanská, Ruža Tomašić, Zdzisław Krasnodębski, Arne Gericke on behalf of the ECR Group
See also joint motion for a resolution RC-B8-1261/2016
European Parliament resolution on the case of Ildar Dadin, prisoner of consience in Russia
The European Parliament,
-having regard to previous European Parliament resolutions on EU-Russia relations, in particular that of 10 June 2015;
-having regard to the commitment of the European Parliament to respecting and upholding international norms of human rights, including freedom of speech, freedom of association, freedom of press and freedom of manifestation;
-having regard to Rules 114, 133 and 135 of its Rules of Procedure;
A. Whereas Mr. Ildar Dadin, political activist and anti-war protestor, was arrested on 3 December 2015 and convicted on December 7 2015 under Article 212.1 of ‘’repeat violations of public gatherings’’ and sentenced to a period of three years’ imprisonment, in excess of the prosecution’s recommended sentence of two years;
B. Whereas Ildar Dadin’s imprisonment is politically motivated, given his presence at peaceful pro-peace, anti-war, anti-Kremlin protests as a demonstrator and organiser during 2014 and 2015, inspired in part by the Maidan Revolution in Ukraine;
C. Whereas Ildar Dadin is the first individual to be charged under Article 212.1 with participation in anti-governmental protest actions, specifically on August 6, August 23, September 13 and December 5 2014, including single-person protests against Russia’s war on Ukraine;
D. Whereas, under Article 212.1, terms of imprisonment and financial sanctions may be passed on administrative charges and public protest, and furthermore, public protest may be punishable by a sentence of up to 5 years, should a court have issued three rulings on administrative charges within a period of 180 days;
E. Whereas Article 212.1 is held to be in breach of Russia’s constitution, specifically the rights to freedom of speech and assembly, and in contravention of human rights principles enshrined in international law;
F. Whereas during the course of his ongoing imprisonment, Mr. Dadin has reportedly suffered from repeated torture, beatings, inhumane treatment and threats of murder at the hands of Russian authorities in the prison colony number 7 near Segezha, Karelia, northwest Russia;
G. Whereas the fate of similarly charged activists and political dissidents in Russia, already visible in the ongoing prosecutions of 75-year old activist Vladimir Ionov and political rights advocate Mark Galperin, may be adversely affected by Article 212.1, and there is serious concern over the Article’s status as a precedent for future large-scale mistreatment of political opposition;
H. Whereas the NGO Memorial declared 49 political prisoners in Russia, including Ivan Nepomnyashchiy, who was sentenced to 2.5 years of prison for participating in the protest against the re-election of Putin in May 2012 on Bolotnaya Square, where he supposedly attacked police with an umbrella;
I. Whereas according to one of the human rights reports on Russia, torture and inhuman treatment while incarcerated “is a systemic practice in Russia penal system”, what was revealed for the first time after the death of Sergey Magnitsky;
J. Whereas on February 27, 2015 opposition leader Boris Nemtsov was killed just outside the Kremlin walls; whereas the primary suspect in the Nemtsov case, Zaur Dadaev, who initially confessed of the murder, took back his statements, claiming he had been forced to give them under torture;
K. Whereas members of the Ilya Goryachev gang convicted of killing 10 people including civil rights activists claimed in court they had held close ties to the presidential administration, specifically first Deputy Chief Vladislav Surkov;
L. Whereas on 15 November 2016, the Third Committee of the UN General Assembly on human rights condemned Russia’s “temporary occupation” of Crimea and denounced an attempt to annex the Ukrainian peninsula, as well as calls upon Russia to uphold its obligations under UN law as an occupying power and end abuses against residents of Crimea, including “arbitrary detentions, torture and other cruel, inhumane or degrading treatment, and to revoke all discriminatory legislation”, as well as release Ukrainians who were illegally detained, and revoke the banning of the Crimean Tatar Mejlis.
M. Whereas prosecutors of the International Criminal Court in the Hague have posted on the website of the court a report that finds that “the situation on the territory of Crimea and Sevastopol is equivalent to an international armed conflict between Ukraine and the Russian Federation,” and that “the Russian occupation has been accompanied by the harassment and intimidation of the Crimean Tatars”.
N. Whereas Vladimir Putin, President of Russia, has signed an order to have Russia withdrawn from the International Criminal Court (ICC) founding document amid calls for his military to be referred over air strikes backing President Bashar al-Assad in Syria and the illegal annexation of Crimea, including Francois Holland, the President of France, who suggested that Russia should face war crimes charges over its bombardment of rebel-held eastern Aleppo last month.
1. Calls for the immediate release of Ildar Dadin, whose imprisonment is politically motivated and in contravention of norms of human rights held internationally as well as Ivan Nepomnyashchiy and all other political prisoners in Russia.
2. Calls for immediate release of all illegally arrested in the temporary occupied territories of Ukraine, including Crimea and Eastern Ukraine, especially Crimean Tatars.
3. Decries the flagrant violations of international principles of human rights and contravention of the Russian constitution posed by Article 212.1, and condemns the politically motivated imprisonment and mistreatment suffered by Mr. Dadin as an outright attack against fundamental human rights;
4. Supports the actions of political figures and pressure groups within Russia supporting the case of Mr. Dadin, particularly Open Russia, the Anti-Corruption Fund and the individual attorneys and legal authorities seeking to challenge Article 212.1 in the Russian Federation’s Constitutional Court;
5. Encourages the international community to openly condemn the precedent set by Article 212.1 and join the European Parliament in calling for the release of Mr. Dadin and the immediate abolishment of Article 212.1.
6. Restates the call for increased sanctions in the European Parliament resolution of 10 June 2015 on Russia, in particular in calling for a series of targeted sanctions, following the precedent set by the Magnitsky List adopted in US-Russia relations, to punish those responsible for the mistreatment of Ildar Dadin and other human rights activists;
7. Welcomes the UN’s Third Committee resolution on human rights violations in Crimea and calls on the UN General Assembly to approve it in December 2016;
8. Welcomes historic voting out of Russia from the United Nations Human Rights Council in October, after over 80 human-rights and international aid organizations signed a letter urging UN members to block Russia’s election to the council, that makes decisions ranging from exposing human rights violations to the recommending that the Security Council make a referral to the International Criminal Court;
9. Calls on the UN Human Rights Council to recommend to the Security Council making the referral to the International Criminal Court of all crimes allegedly committed in Syria, temporarily occupied territories of Ukraine, including Crimea and Eastern Ukraine and in Russia;
10. Calls for international investigations to cover also crimes allegedly committed against Russia’s citizens including the case of Ildar Dadin as well as into deaths of Sergey Magnitsky and Boris Nemtsov and all other civil rights activists.