OPINION No. 193
(1996)1
on Russia's request
for membership of the Council of Europe
1. The Russian
Federation applied to join the Council of Europe on 7 May 1992. By
Resolution (92) 27 of 25 June 1992, the Committee of Ministers asked the
Parliamentary Assembly to give an opinion, in accordance with Statutory
Resolution (51) 30 A.
2. Special guest status
with the Parliamentary Assembly was granted to the Russian Parliament on 14
January 1992.
3. Procedure for an
opinion on Russia's request for membership was interrupted on 2 February
1995 because of the conflict in Chechnya. On 27 September 1995, with the
adoption of Resolution 1065, procedure was resumed on the grounds that
Russia was henceforth committed to finding a political solution and that
alleged and documented human rights violations were being investigated.
4. The Assembly has
followed the events of December 1995 in Gudermes and the recent events in
Pervomayskoye with deep concern. It firmly condemns the taking of hostages
as an act of terrorism and a flagrant violation of human rights, which no
cause can justify. At the same time, it considers that the Russian
authorities did not show sufficient concern for the safety of the hostages.
The apparently indiscriminate use of force cost the lives of many innocent
people and violated international humanitarian law. The Chechen conflict
cannot be resolved by the use of force. There will be no peace in the
region, nor an end to terrorist attacks, without a political solution based
on negotiation and on European democratic values.
5. The Assembly notes
that political, legal and economic reforms have been sustained. The legal
system continues to show shortcomings, as noted by Council of Europe legal
experts (7 October 1994). Nonetheless, there is progress towards a general
awareness of - and respect for - the rule of law.
6. Assurances of
continued progress were given to the Council of Europe by the President of
the Federation, the Prime Minister, the President of the Duma and the
President of the Council of the Federation in their letter of 18 January
1995.
7. On the basis of these
assurances and of the following considerations and commitments, the Assembly
believes that Russia - in the sense of Article 4 of the Statute - is clearly
willing and will be able in the near future to fulfil the provisions for
membership of the Council of Europe as set forth in Article 3 ("Every member
of the Council of Europe must accept the principles of the rule of law and
of the enjoyment by all persons within its jurisdiction of human rights and
fundamental freedoms, and collaborate sincerely and effectively in the
realisation of the aim of the Council ..."):
i. Russia has been
taking part in various activities of the Council of Europe since 1992 -
through its participation in intergovernmental "co-operation and
assistance" programmes (notably in the fields of legal reform and human
rights), and through the participation of its special guest delegation
in the work of the Parliamentary Assembly and its committees;
ii. "political
dialogue" between Russia and the Committee of Ministers has been
established since 7 May 1992;
iii. Russia has
acceded to several Council of Europe conventions, including the European
Cultural Convention;
iv. the following
legislation is being prepared as a matter of priority, with
international consultation, on the basis of Council of Europe principles
and standards: a new criminal code and a code of criminal procedure; a
new civil code and a code of civil procedure; a law on the functioning
and administration of the penitentiary system;
v. new laws in line
with Council of Europe standards will be introduced: on the role,
functioning and administration of the Procurator's Office and of the
Office of the Commissioner for Human Rights; for the protection of
national minorities; on freedom of assembly and on freedom of religion;
vi. the status of
the legal profession will be protected by law: a professional bar
association will be established;
vii. those found
responsible for human rights violations will be brought to justice -
notably in relation to events in Chechnya;
viii. effective
exercise will be guaranteed of the rights enshrined in Article 27 of the
constitution and in the law on freedom of movement and choice of place
of residence;
ix. conditions of
detention will be improved in line with Recommendation R (87) 3 on
European prison rules: in particular, the practically inhuman conditions
in many pre-trial detention centres will be ameliorated without delay;
x. responsibility
for the prison administration and the execution of judgments will be
transferred to the Ministry of Justice as soon as possible;
xi. the state and
progress of legislative reform will permit the signature and
ratification, within the indicated timetable, of the European
conventions listed hereunder in paragraph 10;
xii. the Russian
Federation will assist persons formerly deported from the occupied
Baltic states or the descendants of deportees to return home according
to special repatriation and compensation programmes which must be worked
out.
8. With a view to the
fulfilment of these assurances and respect for these commitments, the
Assembly resolves to establish - with the close co-operation of Russia's
national parliamentary delegation - its own parliamentary "advisory and
control" programme under the authority of the committees responsible for the
implementation of Order No. 508 (1995) on the honouring of obligations and
commitments by member states of the Council of Europe. This programme will
complement, and not prejudice, the monitoring procedure under Order No. 508
(1995).
9. As a contribution to
long-term assistance and co-operation, the Assembly welcomes the European
Union/Council of Europe joint programme for the strengthening of the federal
structure and of human rights protection mechanisms and for legal system
reform: particular attention should also be paid to support for, and the
strengthening of, non-governmental organisations in the field of human
rights and to the establishment of a civil society.
10. The Parliamentary
Assembly notes that the Russian Federation shares fully its understanding
and interpretation of commitments entered into as spelt out in paragraph 7,
and intends:
i. to sign the
European Convention on Human Rights at the moment of accession; to
ratify the Convention and Protocols Nos. 1, 2, 4, 7 and 11 within a
year; to recognise, pending the entry into force of Protocol No. 11, the
right of individual application to the European Commission and the
compulsory jurisdiction of the European Court (Articles 25 and 46 of the
Convention);
ii. to sign within
one year and ratify within three years from the time of accession
Protocol No. 6 to the European Convention on Human Rights on the
abolition of the death penalty in time of peace, and to put into place a
moratorium on executions with effect from the day of accession;
iii. to sign and
ratify within a year from the time of accession the European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment;
iv. to sign and
ratify within a year from the time of accession the European Framework
Convention for the Protection of National Minorities; to conduct its
policy towards minorities on the principles set forth in Assembly
Recommendation 1201 (1993), and to incorporate these principles into the
legal and administrative system and practice of the country;
v. to sign and
ratify within a year from the time of accession the European Charter of
Local Self-Government and the European Charter for Regional or Minority
Languages; to study, with a view to ratification, the Council of
Europe's Social Charter; and meanwhile to conduct its policy in
accordance with the principles of these conventions;
vi. to sign and
ratify and meanwhile to apply the basic principles of other Council of
Europe conventions - notably those on extradition; on mutual assistance
in criminal matters; on the transfer of sentenced persons; and on the
laundering, search, seizure and confiscation of the proceeds of crime;
vii. to settle
international as well as internal disputes by peaceful means (an
obligation incumbent upon all member states of the Council of Europe),
rejecting resolutely any forms of threats of force against its
neighbours;
viii. to settle
outstanding international border disputes according to the principles of
international law, abiding by the existing international treaties;
ix. to ratify,
within six months from the time of accession, the agreement of 21
October 1994 between the Russian and Moldovan Governments, and to
continue the withdrawal of the 14th Army and its equipment from the
territory of Moldova within a time-limit of three years from the date of
signature of the agreement;
x. to fulfil its
obligations under the Treaty on Conventional Armed Forces in Europe
(CFE);
xi. to denounce as
wrong the concept of two different categories of foreign countries,
whereby some are treated as a zone of special influence called the "near
abroad";
xii. to negotiate
claims for the return of cultural property to other European countries
on an ad hoc basis that differentiates between types of property
(archives, works of art, buildings, etc.) and of ownership (public,
private or institutional);
xiii. to return
without delay the property of religious institutions;
xiv. to settle
rapidly all issues related to the return of property claimed by Council
of Europe member states, in particular the archives transferred to
Moscow in 1945;
xv. to cease to
restrict - with immediate effect - international travel of persons aware
of state secrets, with the exception of those restrictions which are
generally accepted in Council of Europe member states, and to facilitate
the consultation of archives kept in the Russian Federation;
xvi. to ensure that
the application of the CIS Convention on Human Rights does not in any
way interfere with the procedure and guarantees of the European
Convention on Human Rights;
xvii. to revise the
law on federal security services in order to bring it into line with
Council of Europe principles and standards within one year from the time
of accession: in particular, the right of the Federal Security Service
(FSB) to possess and run pre-trial detention centres should be
withdrawn;
xviii. to adopt a
law on alternative military service, as foreseen in Article 59 of the
constitution;
xix. to reduce, if
not eliminate, incidents of ill-treatment and deaths in the armed forces
outside military conflicts;
xx. to pursue legal
reform with a view to bringing all legislation in line with Council of
Europe principles and standards: in particular, Presidential Decree No.
1226 should be revised without delay;
xxi. to extend its
international co-operation to prevent - and eliminate the ecological
effects of - natural and technological disasters;
xxii. to sign and
ratify within a year from the time of accession the General Agreement on
Privileges and Immunities of the Council of Europe and its additional
protocols;
xxiii. to co-operate
fully in the implementation of Assembly Order No. 508 (1995) on the
honouring of obligations and commitments by member states of the Council
of Europe, as well as in monitoring processes established by virtue of
the Committee of Ministers' Declaration of 10 November 1994 (95th
session);
xxiv. to respect
strictly the provisions of international humanitarian law, including in
cases of armed conflict on its territory;
xxv. to co-operate
in good faith with international humanitarian organisations and to
enable them to carry on their activities on its territory in conformity
with their mandates.
11. The Assembly
recommends that the Committee of Ministers - on the basis of the commitments
and understandings indicated above:
i. invite the
Russian Federation to become a member of the Council of Europe;
ii. allocate
eighteen seats to the Russian Federation in the Parliamentary Assembly;
iii. guarantee that
the Organisation's means and capabilities, in particular those of the
Assembly and of the human rights institutions, are increased to meet the
consequences of these decisions, and refrain from using the Russian
Federation's accession to reduce the contributions of states which are
already members.
1.
Assembly debate on 25 January 1996 (6th and 7th Sittings) (see Doc. 7443,
report of the Political Affairs Committee, rapporteur: Mr Muehlemann; and
Doc. 7463,
opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr
Bindig).
Text adopted by the Assembly on 25 January 1996 (7th Sitting).
