MOTION FOR A RESOLUTION on the case of Ildar Dadin, prisoner of consciencein 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

Elena Valenciano, Pier Antonio Panzeri, Josef Weidenholzer, Victor Boştinaru, Clara Eugenia Aguilera García, Eric Andrieu, Nikos Androulakis, Maria Arena, Zigmantas Balčytis, Hugues Bayet, Brando Benifei, José Blanco López, Vilija Blinkevičiūtė, Biljana Borzan, Soledad Cabezón Ruiz, Nicola Caputo, Andi Cristea, Silvia Costa, Nicola Danti, Isabella De Monte, Monika Flašíková Beňová, Doru-Claudian Frunzulică, Enrico Gasbarra, Neena Gill, Michela Giuffrida, Jytte Guteland, Sergio Gutiérrez Prieto, Anna Hedh, Cătălin Sorin Ivan, Afzal Khan, Miapetra Kumpula-Natri, Krystyna Łybacka, Costas Mavrides, Marlene Mizzi, Sorin Moisă, Alessia Maria Mosca, Victor Negrescu, Jens Nilsson, Demetris Papadakis, Vincent Peillon, Pina Picierno, Tonino Picula, Miroslav Poche, Soraya Post, Liliana Rodrigues, Daciana Octavia Sârbu, Siôn Simon, Tibor Szanyi, Claudia Țapardel, Patrizia Toia, Marita Ulvskog, Julie Ward, Flavio Zanonato, Damiano Zoffoli, Carlos Zorrinho on behalf of the S&D Group

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

B8‑1270/2016

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

(2016/2992(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)), of 10 June 2015 on the state of EU-Russia relations (2015/2001(INI)) and of September 2016 on Russia in particular the case of Eston Kohver, Oleg Sentzov and Alexander Kolchenko,

–  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 in mind the statement of Thorbjørn Jagland, Secretary General of the Council of Europe of 3 November 2016

–  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 on 7 December 2015 Ildar Dadin, was sentenced to three years imprisonment (later reduced to 2,5 years in appeal court) by a Moscow Court for repeated anti-government street protests; whereas Dadin is the first person in Russia to be convicted in accordance with the 2014 public assembly legislation, which increased fines and imposed criminal sanctions on those who repeatedly violate the rules for public gatherings,

D.  Whereas in a meeting with his lawyer at the end of October 2016, Dadin alleged that he was beaten and tortured by prison staff and said that he feared for his life,

E.  Whereas ECHR approved the request of Dadin’s lawyer and obliged the Russian Federation to ensure effective investigation, move Ildar to a different penitentiary place and to ensure his communication with his representative; whereas Dadin’s lawyer tried to visit his client in jail a few days ago but the penitentiary administration denied him the access,

F.  Whereas on 3 November Thorbjorn Jaggland, the Secretary General of the Council of Europe, expressed his concern about the allegations of ill-treatment of Dadin to Alexander Konovaliov, Minister of Justice of the Russian Federation,

G.  Whereas the Russian authorities have opened similar criminal proceedings against several other people who carried out one-person protests like, for example, Vladimir Ionov, an outspoken critic of Russia’s role in Eastern Ukraine,

H.  Whereas on 26 October a Moscow court imposed a fine of 300,000 roubles on Yuriy Levada Analytical Centre (Levada Centre), one of the three major organisations studying public opinion in Russia, because it had failed to register as a "foreign agent"; whereas at the beginning of October the Justice Ministry put the Memorial society, an international historical, educational, charitable and human rights organisation, on the list of foreign agents; whereas Memorial has appealed the decision considering it illegal,

I.  Whereas President Putin has recently signed an order, according to which Russia refuses to take part in the Rome Statute of the International Criminal Court (ICC); whereas in a statement, the Russian Foreign Ministry described the Court's work as "inefficient and one-sided" and expressed concern over the ICC's investigation of the August 2008 events in South Ossetia,

J.  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;

K.  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.Urges the Russian authorities to conduct a thorough and transparent  investigation of Dadin’s allegations of torture and ill-treatment with the participation of independent human rights experts; calls on the Russian authorities to move Ildar Dadin to a different penitentiary and to ensure his communication with his representative, according to the requests he made through his advocate;

 

3.Calls on the Russian Federation to continue and deepen the reform of its penitentiary system with a view to fully implement the standards agreed in the international conventions; expresses its deep concern at the credible reports indicating that torture and other ill treatment are being widely used in the Russian penal system with impunity, with the aim of silencing any form of dissent and urges the Russian authorities to put an end to this practice;

 

4. 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;

5. 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.