Recognition of the invasion of Russia to the Donbass and the implementation of the Minsk agreements. The full text of PACE resolution

The resolutions adopted by PACE, became victorious for Ukraine and bad for Russia.

PACE adopted two resolutionson human rights violations in territories of Donbas that are not controlled by the Ukrainian authorities.

About it reports “Gordon” and “European truth”.

Here is the full text of the PACE resolution No.14139

1. The parliamentary Assembly is deeply concerned about the situation in the sphere of human rights in the Crimea and the self-proclaimed Donetsk and Luhansk “republics” ( “DPR” and “LPR”).

2. She confirmed that the annexation of Crimea by the Russian Federation and a military invasion of the Russian armed forces in the East of Ukraine violate international law and principles, endorsed by the Council of Europe.

3. “DNR” and “LNR”, created, supported and effectively controlled by the Russian Federation, is not legitimate under Ukrainian or international law. This applies to all their “authorities”, including “courts” established by the de facto authorities.

4. In accordance with international law, the Russian Federation, de facto control over these territories, is responsible for protecting their populations. Russia, therefore, needs to guarantee human rights to all inhabitants of the Crimea and the “DNR” and “LNR”.

See also: the Georgian delegation did not vote in PACE for the Ukrainian resolution

5. Regarding the Crimea, the Russian military presence and effective control was officially recognized by the Russian authorities. Regarding “DNR” and “LNR” effective control confirmed the well-documented role of the Russian military in taking control and the control of these regions, despite the strong resistance of the legitimate government of Ukraine, and the complete dependence of “DNR” and “LNR” from the logistical, financial and administrative support of Russia.

6. And in the Crimea, and in the conflict zone in the Donbass took place and still are serious violations of human rights, as evidenced by numerous reports … These violations include extrajudicial executions, enforced disappearances, torture and inhuman and degrading treatment, illegal detention and excessive restrictions on freedom of expression and information.

7. Victims of human rights violations have no effective remedy:

7.1. as for the inhabitants of “DNR” and “LC” local “craft” lacks legitimacy, independence and professionalism; in Ukrainian courts in the neighboring government-controlled areas, the jurisdiction of which had been circulated of Ukraine on uncontrolled territory, difficult to reach, the courts are unable to access materials that are left in the “DNR” and “LNR”, and cannot enforce its decisions on these territories;

7.2. as for the residents of Crimea, the atmosphere of intimidation also affect the independence of the courts and, in particular, the willingness of police and prosecutors to bring to justice the perpetrators of crimes against potential or real supporters of Ukraine.

PACE urged Russia to withdraw its troops from the Donbass

TSN. Wounds
October 12, 12:40

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In Strasbourg, France are in the planning debate on the political consequences of the conflict in Ukraine. Among the calls, in particular, the requirement to Russia to withdraw its troops from the territory of Ukraine.

8. In Crimea the Ukrainians as a whole and Crimean Tatars in particular was extremely intimidated by human rights violations, and that these facts remain largely unpunished. Many of them were forced to leave Crimea. At the same time on all residents of the Crimea was carried out a huge pressure in order to obtain their Russian passports and renounce their Ukrainian citizenship to access health care, housing and other vital services. Crimean Tatars, after the recent decision of the Supreme court banning of the Mejlis and its local branches, has lost its traditional democratic representation. Tatar media and the Muslim religious practice of the Tartars also came under pressure. The combined effect of these repressive measures is a threat to the very existence of the Tatar community as a separate ethnic, cultural and religious groups. Moreover, in accordance with reports by authoritative international non-governmental organizations (in particular, Freedom House, Amnesty International, Human Rights Watch and others), there is evidence of violations of the Convention on the inadmissibility of racial discrimination of the Crimean Tatars. Of the Russian Federation provides the right of Crimean Tatars to equality before the law and the right to protection from violence by the state, the right to freedom of movement, freedom of thought and religion, freedom of expression, Association and peaceful Assembly. Such violations are confirmed cases of the Crimean Tatars, the prohibition of entry the leaders of the Crimean Tatars in Crimea, interference in religious practice, the prohibition of the Crimean Tatar media and the Majlis, recognized as the Supreme body of the Crimean Tatars.

Read also: Poroshenko commented on the approval of the PACE resolution on Ukraine

9. In the conflict zone in the Donbas civilian population, as well as a large number of combatants were victims of violations of their rights to life and physical integrity and to the free disposition of property as a result of war crimes and crimes against humanity, including indiscriminate or even intentional shelling of residential areas, sometimes triggered by the placement of weapons in their immediate vicinity.

10. Many residents of the conflict zone in the Donbass, on both sides of the line of contact still suffer daily from the numerous violations of the ceasefire agreed in Minsk. These violations are documented on a daily basis of the Special monitoring mission of OSCE in Ukraine, despite the access restrictions imposed largely by the de facto authorities of “DPR” and “LPR”. Residents also suffer from overwhelming climate of impunity and General lawlessness due to the absence of the legal force of the state bodies, access to justice. They are also experiencing serious social problems that became complicated due to the strengthening of restrictive measures introduced by Ukrainian authorities for payment of pensions and social assistance. The humanitarian situation for individual prisoners, the prison terms that began in the beginning of the conflict (more than 5,000 people in only one “LPR”) is inadmissible, the decision on their early release are ignored, these persons are engaged in forced labour, as well as apply various forms of inhuman treatment. Finally, persons displaced from “DNR” and “LNR”, are faced with the expropriation of the property which they left, as a result of illegal re-registration requirements imposed by the de facto authorities.

11. The Ukrainian authorities began the prosecution of persons suspected of committing war crimes and other human rights violations by Pro-government forces. However, they still did not provide international observers access to all places of detention, in particular those that are the responsibility of the security Service of Ukraine (SBU).

12. The Minsk agreements contain provisions on Amnesty of participants of armed conflict in the Donbass. The Assembly recalls that, in accordance with international law, such provisions cannot be invoked to justify impunity for perpetrators of serious human rights violations.

13. As for the elections envisaged by the Minsk agreements, the Assembly believes that as long as the current situation in “DPR” and “LPR”, which is characterized by insecurity, intimidation and impunity and lack of freedom of expression and information remains unchanged, the holding of free and fair elections in these regions is not possible.

PACE adopted two resolutions in support of Ukraine

TSN. Wounds
Yesterday, 08:12

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The parliamentary Assembly of the Council of Europe adopted a resolution condemning Russian aggression in Ukraine. Everything that happens in the so-called DPR and LPR, Russia is legally responsible because it controls the territory – the document says. The elections in the Donbass PACE impossible.

14. The Assembly expresses regret that neither the Russian Federation nor Ukraine has not ratified the Rome Statute establishing the International criminal court (ICC), while noting that Ukraine had extended the jurisdiction of the ICC in their declarations dated 17 April 2014 and 8 September 2015, respectively, to article 12.3 of the Rome Statute. The Assembly welcomes the amendments to the Constitution of Ukraine finally adopted by the Ukrainian Parliament, which will make possible ratification of the Rome Statute. At the same time, the Assembly is concerned that these changes will enter into force only three years later, not as soon as possible, as recommended by the Assembly.

15. The Assembly welcomes the actions of the Joint investigation team (SGR) and its preliminary report on 28 September in a criminal investigation into the Downing of flight MH17 in the Donbas. The Assembly takes note of the conclusions of the PDS that the MH17 was shot down from territories controlled by Pro-Russian separatists the missile system “Buk”, which was delivered from Russia and returned to Russia after a rocket launch. The Assembly encourages all parties to join criminal investigation to bring the perpetrators to justice.

16. In this regard, the Assembly calls on:

16.1. relevant authorities, both in Ukraine and in the Russian Federation:

16.1.1. effectively investigate all cases of serious human rights violations likely committed in all areas under their effective control;

16.1.2. to bring the perpetrators of these violations to justice, thereby preventing any other similar violation in the future

16.1.3. to provide maximum possible compensation to the victims of these violations;

16.1.4. to accede to the Rome Statute of the ISS;

16.1.5. fully implement the Minsk agreements;

16.2. the Russian authorities must:

PACE said about the responsibility of Russia for what is happening in the so-called “DNR” and “LNR”

TSN. Wounds
Yesterday, 12:48

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The parliamentary Assembly of the Council of Europe adopted two resolutions condemning the Russian aggression in Ukraine. Everything that happens in the so-called DPR and LPR, Russia is legally responsible because it controls the territory – the document says. The elections in the Donbass PACE impossible.

16.2.1. to cease their repressive actions against those loyal to the Ukrainian authorities, in all areas under their effective control, including in the Crimea; in particular, to restore the historical rights of the Crimean Tatars and to promote the restoration of the rule of law throughout the territory of Eastern Ukraine;

16.2.2. at the same time to protect the fundamental rights of all inhabitants of “DNR” and “LNR” and meet their basic needs and to use his influence with de facto authority for this purpose;

16.2.3. to support independent monitoring of the situation in the field of human rights all Ukrainian territories under their effective control, including in Crimea;

16.2.4. to use all available legal remedies for review of the decision of the Supreme court to declare Majlis outside the law, and to enable Crimean Tatar public to choose their governments;

16.2.5. to provide unrestricted access to mizhnarodnih of organizations and consular staff to Ukraine to prisoners, transported from the territory not under Ukrainian control in penitentiary institutions on the territory of the Russian Federation;

16.2.6. translate in Ukraine, those prisoners who Express such a desire, so they can spend the rest of their sentence on the territory controlled by the Ukrainian authorities;

16.2.7. to stop the practice of shipping from the Crimea on the territory of the Russian Federation of persons who do not have Russian citizenship, including prisoners.

16.3. Ukrainian government: to simplify, to the extent possible, the everyday life of residents beyond the control of territories and displaced persons from these areas by reducing the administrative procedures to access the payments of pensions and social assistance and facilitate people’s access to justice through the proper equipping and staffing of courts in areas controlled by the government, whose jurisdiction was extended to the uncontrolled territory; regularly review and weigh the decision of Ukraine to dismiss from the implementation of the International Convention on civil and political rights and the European Convention on human rights of the person, based on the principles of necessity, proportionality and non-discrimination;

16.4. The international community: to continue to pay attention to the situation related to observance of human rights and humanitarian condition of persons living in areas of Ukraine controlled by the Ukrainian authorities, and to refrain from imposing requirements to Ukraine, the implementation of which will strengthen the illegal status quo;

16.5. ISS: to exercise its jurisdiction to the extent that is legally possible, on the basis of declarations filed by Ukraine.

17. The Assembly decided to continue monitoring the situation of human rights in the conflict zone in the Donbass and Crimea on a priority basis.

Recall that the Ukrainian delegation to PACE has reached all the most important references in two resolutions on Ukraine, namely: “the continuation of sanctions against Russia to restore full sovereignty of Ukraine and condemnation of the illegal elections in Crimea, the ban of the Mejlis, the rejection of the appeal to accept the Russian Federation in the Assembly, in spite of everything, the release of prisoners, “and others.

This was announced by the Chairman of the Ukrainian delegation to PACE Vladimir Aryev.

“Even in the title replaced” the conflict in Ukraine to “Russian aggression in Ukraine “, – he said. According to Aryev, “without exception, all speakers, even favorable to Russia, in fact, admitted in their statements that trouble Ukraine has brought Russia “.

He added that the Ukrainian team will continue to do everything possible to keep the PACE to fight with the influence of the Russian lobby.

We also give the full text of the resolution of PACE No. 14130

1. Two years after Russian attempts to Annex the Autonomous Republic of Crimea and the beginning of further military aggression in the East of Ukraine, the parliamentary Assembly is deeply concerned about the political implications of these events for Ukraine itself and for the overall stability and security in Europe.

2. The result of the conflict in Ukraine was a violation of its sovereignty and territorial integrity. It started after the Euromaidan to the illegal annexation of Crimea by Russia and continuing Russian-backed separatists in Eastern Ukraine, with a growing role of Russia in the ongoing conflict. From mid-April 2014, more than 9,300 people died and more than 21 500 injured and nearly 1,500,000 people have fled their homes in the conflict. Hundreds are in captivity or are missing.

3. The Assembly reaffirms its commitment to the principle of peaceful settlement of issues and also the independence, sovereignty and territorial integrity of Ukraine within its internationally recognized borders.

4. As for Crimea, the Assembly again condemns the illegal annexation of Crimea and its continuing integration into Russia, which is violation of norms of international law and the Charter of the Council of Europe. The Assembly regrets that, despite the failure of the international community to recognize the annexation of Crimea and the use of different types of sanctions against Russia and Russian citizens, the annexation was not only cancelled, but the situation of human rights on the Peninsula continues to deteriorate. In particular, the Assembly:

4.1. Condemns the illegal elections in the State Duma of the Russian Federation, which took place on 18 September in the occupied Crimea and considers the results invalid. The inclusion of Ukrainian sovereign territory in the Russian Federal districts and the creation of four single-mandate electoral districts is a flagrant violation of international law and undermines the legitimacy of the Russian Parliament.

4.2. Deeply troubled by the actions against critical media, acts of intimidation and persecution of opponents, disappearances, and kidnapping threats and repression against persons belonging to minorities, in particular the application in relation to the Crimean Tatars of the law on extremism.

4.3. Said the ban of the Mejlis of the Crimean Tatar people declared “extremist organization”, severe repressive measure directed against the entire Crimean Tatar community, and calls for the repeal of prohibition.

4.4. Called for full and unrestricted access to the Crimean Peninsula all bodies on the human rights of the Council of Europe in order to enable them to carry out their monitoring activities unimpeded in accordance with their mandates;

4.5. Calls upon the Russian authorities to cancel the illegal annexation of Crimea and allow Ukraine to regain control over the Peninsula.

5. In connection with the ongoing conflict in Eastern Ukraine, the Assembly expresses deep concern at the failure of the ceasefire, violates the Minsk agreement and led to the displacement of the positions of the two parties is closer to the line of contact, as well as in connection with the increase in civilian casualties caused by shelling. The Assembly also expresses regret at the increasing cases of threats to weapons and restrict the freedom of movement of the special monitoring mission of the OSCE.

6. The Assembly reiterates its support for a peaceful settlement of the conflict and the Minsk process and calls for:

6.1. Russian Federation to withdraw its troops from the territory of Ukraine and stop military support to separatists.

6.2. All parties to carry out, responsibly and in good faith, the obligations assumed in the framework of the Minsk agreements and measures to implement them, starting with the full compliance of the ceasefire.

7. The Assembly regrets that security had deteriorated due to the lack of a lasting ceasefire, there has been no progress in implementing the political aspects of the Complex of measures to implement the Minsk agreements.

8. As regards, in particular, on the holding in the Donbass local elections, the Assembly stresses that their conduct in accordance with the current legislation of Ukraine and international standards of free and fair elections is necessary to ensure: the improvement of the situation in the sphere of security, full access to the special monitoring mission of the OSCE to the entire territory of Donbass, overlapping the border and the establishment of control of SMM OSCE after the complete withdrawal of Russian troops, mercenaries and weapons, the safe storage of weapons under international control, an opportunity for all Ukrainian parties to participate in elections and the Ukrainian mass media to cover the election campaign in the Donbas; ensuring voting rights of internally displaced persons from the Donbas who went to other regions of Ukraine or to Russia.

9. The Assembly welcomes the release of one of their members, Nadezhda Savchenko, after repeated calls by the international community, including the recent PACE resolution No. 2112 (2016). The Assembly also welcomed the release of Yuriy Soloshenko, Gennady Afanasiev and other prisoners. Their release not only an important humanitarian gesture, it gives the opportunity to build trust between the conflicting parties and to provide the Minsk process of positive momentum. The Assembly reiterates its call for the release of all prisoners in accordance with resolution No. 2112 (2016).

See also: liovochkina PACE proposes to adopt its resolution about the lack of investigation of crimes on the Maidan

10. The Assembly joins the call of the Council of Europe Commissioner for human rights to ensure accountability for serious violations of human rights committed during the conflict, as the key to the reconciliation process. The perpetrators of serious crimes, such as unlawful killings, enforced disappearances and torture on both sides of the line of contact, should be brought to justice.

11. Only democratic Ukraine, with a stable, effective and accountable institutions, strong political opposition and free media, following the requirements of euromaidan, will be able to reform the corrupt and oligarchic system will be strong and prosperous, able to stop external aggression and to ensure the restoration of peace. Therefore, The Assembly:

11.1. Deeply concerned that there is regular pressure on the political opposition and independent media, calling on the Ukrainian authorities to adhere to international democratic standards, including the pluralism and the existence of an independent political opposition.

11.2. Urges the Ukrainian authorities to ensure the national dialogue and to improve relations between different ethnic, linguistic, religious and regional groups in the Ukrainian society.

11.3. Welcoming the adoption of the constitutional changes in the judicial system, calling on the Ukrainian authorities to effectively implement new steps to deal decisively with all forms of corruption, including at the highest political level, to ensure the effective functioning of the newly established anti-corruption institutions and further implement reforms, including constitutional reform on decentralization .

11.4. Urges the Ukrainian authorities to respond positively to the opinion of the European Commission for democracy through law (Venice Commission) in Ukraine.

11.5. Urges the Ukrainian authorities to ensure a prompt and impartial investigation of cases of violence during Euromaidan and the tragic events in Odessa in may 2014, in order to restore justice and increase public confidence in the criminal justice system, and in accordance with the recommendations of the International Advisory group established by the Secretary-General of the Council of Europe.

11.6. Welcomes the increasing support for Ukraine from the Council of Europe, in particular in the framework of the action Plan of the Council of Europe for the years 2015-2017, and encourages member States to consider further funding, including through voluntary contributions.

12. The Assembly regrets that the conflict and Russia’s actions undermine stability and security on the continent, and advances in the direction of a strategic partnership with the Russian Federation over the past decade. The European Union should also make their own lessons and develop a strategy for the future of the region, which will contribute to de-escalate current tensions and contribute to restoring confidence.

See also: liovochkina PACE proposes to adopt its resolution about the lack of investigation of crimes on the Maidan

13. With regard to the economic consequences of the conflict, the Assembly noted that they are significant not only for Ukraine and the Russian Federation, but also for the European Union and a number of European countries that have been affected in varying degrees antirossiyskie or counter-counter-sanctions from Russia. Disputes about sanctions is shared by the European Union and threaten its unity. However, international pressure, including sanctions should be maintained until the aggression has not stopped, and the sovereignty and territorial integrity of Ukraine is not fully restored within its internationally recognized borders.

14. The Assembly calls on member States of the Council of Europe to do everything in their power to support the peace process in Ukraine to avoid further escalation of violence, is associated with dangerous consequences for civilians living in the conflict zone, or transformation of the conflict into a “frozen” or “semi-frozen” that continue the instability and lack of security in Ukraine and across Europe.

15. For its part, the Assembly could serve as a unique platform for dialogue and inter-parliamentary cooperation and make positive contribution to peaceful settlement of the conflict, in particular by promoting confidence-building measures. The Assembly regrets that she is still not able to play their natural role of the parliamentary diplomacy, mainly because the Russian parliamentarians have not participated in its activities for two consecutive years and has terminated its cooperation with the monitoring mission of the Assembly. Regardless of thoughts about the origin of the crisis, the Assembly reiterates its call to the Russian authorities to implement the demands of the Assembly expressed in resolutions №1990 (2014), №2034 (2015) and No. 2063 (2015) and notes that the only substantive and tangible progress towards their implementation can be the basis for restoration of the full, mutually respectful dialogue with the Assembly.

16. The Assembly decides to continue to closely monitor the political and humanitarian consequences of the conflict in Ukraine, as well as human rights and the rule of law, problems related to their implementation in areas under or outside of Ukrainian government control and to consider these issues at its session in October 2017, provided that there will be urgent need to do it before.

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