MOTION FOR A RESOLUTION on the case of Ildar Dadin, prisoner of consience in Russia

22.11.2016 - (2016/2992(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

Cristian Dan Preda, Jaromír Štětina, Roberta Metsola, Andrey Kovatchev, Eva Paunova, Jarosław Wałęsa, Tunne Kelam, Tomáš Zdechovský, Luděk Niedermayer, Lefteris Christoforou, József Nagy, Marijana Petir, Claude Rolin, Milan Zver, Pavel Svoboda, Patricija Šulin, Dubravka Šuica, Michaela Šojdrová, László Tőkés, Bogdan Brunon Wenta, Laima Liucija Andrikienė, Eduard Kukan, Stanislav Polčák, Adam Szejnfeld, Tadeusz Zwiefka, Csaba Sógor, Anna Maria Corazza Bildt, Ramón Luis Valcárcel Siso, Therese Comodini Cachia on behalf of the PPE Group

See also joint motion for a resolution RC-B8-1261/2016

B8‑1267/2016

European Parliament resolution on the case of Ildar Dadin, prisoner of consience in Russia

(2016/2992(RSP))

The European Parliament,

-  having regard to its previous reports and resolutions on Russia, in particular its resolution of 15 of January 2015 on Russia, in particular in the case of Alexey Navalny (2015/2503(RSP)) and its resolution of 30 of April on the case of Nadiya Savchenko,

-   having regard to the European Parliament resolution of 12 March 2015 on the murder of the Russian opposition leader Boris Nemtsov and the state of democracy in Russia (2015/2592(RSP)),

-   having regard to the European Parliament resolution of 10 September 2015 on Russia, in particular the cases of Eston Kohver, Oleg Sentsov and Olexandr Kolchenko (2015/2838(RSP)),

-  having regard to its previous reports and resolutions on Russia, in particular its resolutions of 13 June 2013 on the rule of law in Russia, 13 March 2014 on Russia: sentencing of demonstrators involved in the Bolotnaya Square events, and 23 October 2014 on the closing-down of the NGO ‘Memorial’ (winner of the 2009 Sakharov Prize) in Russia and its recommendation to the Council of 2 April 2014 on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case,

-  having regard to the EU-Russia human rights consultations and the latest meeting held on 28 November 2013,

-  having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and to which Russian Federation is a party,

 

-  having regard to the seventh periodic report of the Russian Federation considered by the United Nations Human Rights Committee at its 3136th and 3137th meetings, held on 16 and 17 March 2015,

 

- having regard to Rules 135 of its Rules of Procedure,

 

A. whereas the Russian Federation, as a full member of the Council of Europe, a signatory to the UN Universal Declaration of Human Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has committed itself to the principles of democracy, the rule of law and respect or fundamental freedoms and human rights;

 

B. whereas the Russian Federation has ratified 11 out of the 18 international human right treaties, and is a party to the European Convention on Human Rights;

 

C. whereas the criminal law of the Russian Federation has been amended and the new article 212.1 has been introduced, according to which a person can be charged in case of violation of the law on public assemblies, notwithstanding the fact that this amendment restricts the freedom of speech and assembly;

 

D. whereas Russian citizen and political activist Ildar Dadin was detained on 15 January 2015 and was charged under administrative law with 15-day arrest;

 

E. whereas criminal charges against Ildar Dadin were brought on 30 January 2015 and the verdict in the criminal proceedings was announced on 7 December 2015 when Russian citizen Ildar Dadin was sentenced to three years of imprisonment under Article 212.1 of Russia’s Criminal Code; and whereas on 31 March 2016 his sentence was reduced on appeal to two-and-a-half years;

 

F.   whereas a number of internationally respected human rights organisations have criticised Dadin’s conviction. Amnesty International named Dadin a ‘prisoner of conscience’ and the “Memorial” Human Rights Centre has recognized him as a ‘political prisoner’;

 

G. whereas it has been revealed that Ildar Dadin is the victim of systematic abuse, beating and torture authorised by Major Sergey Kosiev, head of the Penal Colony #7 where Dadin is currently being held, and carried out by the colony personnel; And whereas European Court on Human Rights have adopted interim measures to ensure the safety of Ildar Dadin and on its own initiative granted priority to the application by Ildar Dadin, applying Rule 41 of the ECHR;

 

H. whereas Russia’s human rights ombudsman has already criticized the excessive severity of the punishment, undertaking responsibility to send a respective request to a higher court;

 

I.   whereas the Secretary General of the Council of Europe Thorbjørn Jagland expressed his concern about allegations of ill-treatment of human rights activist Ildar Dadin;

 

J. whereas the number of political prisoners in the country had significantly increased in the recent years, counting 102 persons according to Memorial Human Rights Centre, among them Alexander Kostenko Fedorovic, Ivan Nepomnyaschih, Dmitry Buchenkov, Maxim Panfilov and others;

 

K. whereas the April 2014 UN report on independence of Russian judges and lawyers, states that judges are under strong pressure from authorities to find defendants guilty;

 

L. whereas in a number of cases brought to the European Court of Human Rights victims and survivors of police/penitentiary system brutality have presented reliable evidence to have been beaten, subjected to electric shocks and other forms of torture, held in inhumane conditions, and denied access to medical treatment;

 

M. whereas there have been recorded 197 death in police custody in 2015, including 109 from a 'sudden deterioration in health conditions' and 62 suicides, indicating towards widespread abuse, torture and mistreatment of detainees in the penitentiary system of the Russian Federation;

 

N. whereas Russian Federation can be considered a trustful partner in the sphere of international cooperation only if it keeps up its obligations under the international law; whereas recent withdrawal from an international commitment - president`s decree for Russia to withdraw from the Roma statute of the International Criminal Court - sends a warning signal to that end;

 

1. Is profoundly concerned that the Criminal Code of the Russian Federation has been amended by an article that puts new restrictions on public gatherings and provides for these to be considered a criminal act, which can lead to a legalisation of a multiple violations of human rights;

 

2. Stresses that freedom of assembly in the Russian Federation is granted under Article 31 of the Russian Constitution and under the European Convention on Human Rights, to which Russia is a party, thereby obliging the Russian authorities to comply with it; calls on the Russian Federation to respect the principles of the rule of law, freedom of speech and freedom of assembly;

 

3. Calls for Ildar Dadin to be immediately released and rehabilitated and expresses strong concern that the sentencing of Ildar Dadin demonstrates a case when the Russian authorities are using the law on public assemblies to fast-track peaceful protesters to prison and commit subsequent systemic abuse;

 

4. Regrets with the deepest concern that the Russian Federation is infringing a number of agreements such as the International Covenant on civil and Political rights (ICCPR) ratified in 1973, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) ratified in 1987, the European Convention on Human Rights, ratified in 1998, the European Convention for the Prevention of Torture and Inhuman or Degrading treatment or Punishment, ratified in 1998;

 

5. Urges the Russian authorities to end the pattern of impunity for the perpetrators of torture and other ill treatment and calls in this respect to immediately and objectively investigate Ildar Dadin’s allegations in order to identify and bring to justice those violating his rights and to suspend from duty the heads of Penal Colony 7 for the period of investigation;

 

6. Calls on the Council to implement without further delays the EP recommendation of 23 October 2012 on establishing common visa restrictions for Russian officials involved in the Sergei Magnitski case and to widen this list by adding officials involved in ill-treatment and torture versus other Russian prisoners of conscience in the Russian penitentiary system;

 

7. Calls on the Russian federation to amend the legislation unduly restricting and criminalising the freedom of assembly; reminds and regrets the fact that the Russian Federation has also empowered its Constitutional Court by new legislation of December 2015 to overturn the judgments of the European Court of Human Rights;

 

8. Encourages the European Commission toward supporting human rights NGOs in the Russian Federation also through its European Instrument for Democracy and Human Rights (EIDHR);

 

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.