ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session

Europarådet 2022-23 (2. samling)
ERD Alm.del Bilag 4
Offentligt

2023 ORDINARY SESSION

First part

23 – 27 January 2023

TEXTS ADOPTED

BY THE ASSEMBLY

Provisional versions

F – 67075 Strasbourg Cedex | Tel: + 33 3 88 41 2000 |

ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session - 23-27 January 2023

Table of contents

Recommendations

Recommendation 2244 (2023)

Addressing the issue of Daesh foreign fighters and their families returning

from Syria and other countries to the member States of the Council of

Europe (Doc.

15591)

The Reykjavik Summit of the Council of Europe: United around values in

the face of extraordinary challenges (Doc.

15681)

Environmental impact of armed conflicts (Doc.

15674)

The Istanbul Convention: progress and challenges (Doc.

15673)

Recommendation 2245 (2023)

Recommendation 2246 (2023)

Recommendation 2247 (2023)

Resolutions

Resolution 2475 (2023)

Addressing the issue of Daesh foreign fighters and their families returning

from Syria and other countries to the member States of the Council of

Europe (Doc.

15591)

Conflict-related sexual violence (Doc.

15677)

Environmental impact of armed conflicts (Doc.

15674)

Contact tracing applications: ethical, cultural and educational challenges

(Doc.

15648)

The Istanbul Convention: progress and challenges (Doc.

15673)

The role and responsibility of men and boys in stopping gender-based

violence against women and girls (Doc.

15678)

Finding solutions for marital captivity (Doc.

15679)

Legal and human rights aspects of the Russian Federation’s aggression

against Ukraine (Doc.

15689)

The progress of the Assembly's monitoring procedure (January-December

2022) (Doc.

15682)

The honouring of obligations and commitments by the Republic of Moldova

(Doc.

15680)

Emergence of lethal autonomous weapons systems (LAWS) and their

necessary apprehension through European human rights law

(Doc.

15683)

Building the Open Council of Europe Academic Networks (OCEAN)

(Doc.

15675)

Resolution 2476 (2023)

Resolution 2477 (2023)

Resolution 2478 (2023)

Resolution 2479 (2023)

Resolution 2480 (2023)

Resolution 2481 (2023)

Resolution 2482 (2023)

Resolution 2483 (2023)

Resolution 2484 (2023)

Resolution 2485 (2023)

Resolution 2486 (2023)

ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session - 23-27 January 2023

Recommendations

2244 to 2247

ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session - 23-27 January 2023 ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session - 23-27 January 2023

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Recommendation 2244 (2023)

Provisional version

Addressing the issue of Daesh foreign fighters and their

families returning from Syria and other countries to the

member States of the Council of Europe

Parliamentary Assembly

The Parliamentary Assembly refers to its

Resolution 2475 (2023)

“Addressing the issue of Daesh

foreign fighters and their families returning from Syria and other countries to the member States of the Council

of Europe”.

The Assembly recalls its support for the Council of Europe Counter-Terrorism Strategy (2018-2022),

which has covered issues such as the gathering of evidence from conflict zones for the purpose of criminal

prosecution, the prosecution of foreign terrorist fighters, deradicalisation, disengagement and social

reintegration and the roles of women and children in terrorism.

The Assembly welcomes the adoption by the Committee of Ministers of its Recommendation CM/

Rec(2022)8 to member States on the use of information collected in conflict zones as evidence in criminal

proceedings related to terrorist offences.

The Assembly invites the Committee of Ministers to:

4.1. draft a recommendation on deradicalisation, disengagement and social reintegration of those

involved in terrorist offences, on the basis of the ongoing collection of good practices from member

States by the Council of Europe Committee on Counter-Terrorism (CDCT);

4.2. consider inviting the CDCT to examine the issue of cumulative prosecution of foreign terrorist

fighters, for terrorism and other crimes under international criminal law and international humanitarian

law, and also consider the interaction between anti-terrorism legislation and these branches of

international law, and draft guidelines in this field;

4.3. encourage all member States to participate in setting up a special international tribunal or hybrid

tribunal with jurisdiction over international crimes committed by Daesh foreign fighters, on condition that

it may not impose the death penalty, and examine ways and means for the Council of Europe as a

whole to play an active role in setting up and operating such a tribunal.

4.4. make it incumbent on the States to guarantee that children who are nationals of those States are

not deprived of their nationality and may return with at least one of their parents. The conditions of

reception, including in the context of criminal justice, must as far as possible keep separation of child

and parent(s) to a minimum where this is in the child’s best interest, and they must be applied on a

“case-by-case” basis.

Assembly debate

on 23 January 2023 (2nd sitting) (see Doc. 15591, report of the Committee on Legal Affairs and

Human Rights, rapporteur: Mr Pieter Omtzigt; and Doc. 15672, opinion of the Committee on Social Affairs, Health and

Sustainable Development, rapporteur: Mr Stefan Schennach).

Text adopted by the Assembly

on 23 January 2023

(2nd sitting).

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Recommendation 2245 (2023)

Provisional version

The Reykjavik Summit of the Council of Europe: United around

values in the face of extraordinary challenges

Parliamentary Assembly

Europe is facing extraordinary challenges. The Russian Federation’s large-scale, protracted and brutal

aggression against Ukraine is an affront to all the principles the Council of Europe stands for and to the

foundations of the European multilateral architecture which has been built to avoid repeating the atrocities of

the Second World War. Russia's full-scale military aggression against Georgia in 2008 and subsequent

occupation of Georgia's regions is part of the same aggressive policy, blatantly violating fundamental

principles and norms of international law and rules-based international order.

The return of a large-scale war of aggression in Europe highlights that the solidity and resilience of

European democracies, their respect for human rights and their adherence to the rule of law are the best

guarantees for each other’s prosperity, security and peaceful future. In this defining moment of European

history, Council of Europe member States, at the highest political level, should reaffirm their unity around

common values and their unfaltering commitment to multilateralism based on international law.

The Parliamentary Assembly, therefore, hails the decision of the Committee of Ministers to convene the

4th Summit of the Heads of State and Government of the Council of Europe in Reykjavik on 16-17 May 2023.

It commends the endeavours by the Irish and the Icelandic presidencies of the Committee of Ministers to

achieve this result and expresses great appreciation for the role of the Secretary General, including her

initiative, at the invitation of the Committee of Ministers, to set up a High-Level Reflection Group. The

Assembly welcomes the report of the High-Level Reflection Group as a significant contribution to the effort of

reflection which is currently under way to prepare the Summit and supports its general thrust and main

proposals.

While Ukraine and Ukrainians are the direct victims of the illegal, unjustified and unjustifiable

aggression by the Russian Federation, its repercussions are felt worldwide. Europeans have started to pay

the price of the war through higher living costs and an impending economic recession which will affect their

lives as they emerge from the first waves of the Covid-19 pandemic. This may contribute to further eroding

trust in political systems and institutions, reinforcing the downward trend of the past few years.

How to bridge the gap between people’s expectations and public delivery is a further test for European

democracies. People are calling for their rights to be protected, including against abuses by their own

authorities. They demand a healthy environment and action against climate change. They want technology to

improve the quality of their lives without controlling them. People demand to have a greater say in political

decision making and participate in the democratic processes, beyond elections. They understandably expect

politics and public institutions to be free from corruption. They care deeply for justice, greater equality and

inclusion, and better socio-economic prospects for themselves and future generations.

Assembly debate

on 24 January 2023 (4th sitting) (see

Doc. 15681

and

addendum,

report of the Committee on

Political Affairs and Democracy, rapporteur: Ms Fiona O'Loughlin).

Text adopted by the Assembly

on 24 January 2023

(4th sitting).

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Recommendation 2245 (2023)

The 4th Summit should have the ambition to set out a forward-looking agenda for the Council of

Europe, putting people’s interests, concerns and expectations back to the forefront of the mission of the

Organisation.

The Assembly therefore recommends that the Committee of Ministers prepare a Political Declaration

and an Action Plan to be endorsed by the Heads of State and Government of the Council of Europe during the

forthcoming Summit, with a view to providing a new strategic vision, a fresh political impetus and new

responses in the face of the present extraordinary challenges.

United around common values, the Heads of State and Government of the Council of Europe should:

8.1. affirm their unwavering support for the sovereignty, independence and territorial integrity of

Ukraine within its internationally recognised borders and stand in solidarity with Ukraine and Ukrainians;

8.2. condemn the Russian Federation’s aggression against Ukraine as a serious violation of

international law and a threat to international peace and security which has also resulted in gross and

serious violations of international humanitarian law and international human rights law and inflicted

intensive damage and suffering to the victims and entire Ukrainian people as well as endangered and

continues to endanger peace and security in Europe and the world;

8.3. take a comprehensive approach to the issue of accountability of the Russian Federation in

relation to the aggression against Ukraine, by ensuring that no gaps at level of international and

national accountability efforts persist and impunity is fully prevented, taking into account the urgency of

the matter and pressing need for action and in particular:

8.3.1. support and lead the initiative to set up an ad hoc international criminal tribunal to

investigate and prosecute the crime of aggression committed by the political and military

leadership of the Russian Federation and call on the Council of Europe and the member States

to provide concrete expert and technical assistance in its setting up and also call on the Council

of Europe to have an active leading role in the establishment of such an ad hoc international

criminal tribunal;

8.3.2. support the work of international courts and national courts having a mandate to

investigate and prosecute genocide, war crimes, international humanitarian law violations and

crimes against humanity committed in the context of the aggression;

8.3.3. support the setting up of a comprehensive international compensation mechanism,

including a register of the damage caused by the Russian aggression;

8.4. reaffirm that the pursuit of peace based upon justice and international co-operation is a vital

precondition for the preservation of human society and civilisation;

8.5.

confirm their commitment to rules-based multilateralism as the pivot of the international order;

8.6. reiterate their mutual engagement to make it possible for Europe to be a vast area of democratic

security, echoing the words of the Vienna Declaration which concluded the 1st Summit of Heads of

State and Government of the Council of Europe in 1993.

The 4th Summit should ensure that the Council of Europe steps up its support to Ukraine, immediately

and after the end of the war of aggression. Well-functioning democratic institutions, respect for the rule of law

and compliance with democratic standards together with stronger European integration are the best

guarantee for the democratic security of Ukraine and Europe, and are as essential as the reconstruction effort.

Steps should be taken to increase the profile and visibility of the Council of Europe’s substantial assistance to

and co-operation with Ukraine, as well as to ensure enhanced co-ordination and co-operation with other

relevant international organisations, through the establishment of a Special Co-ordinator, under the authority

of the Secretary General.

10. It should also demand that the Russian Federation withdraw from the territories of Georgia, the

Republic of Moldova and Ukraine which are illegally occupied and under its control; reiterate the applicability

of the European Convention on Human Rights (ETS No. 5) and other Council of Europe human rights treaties

in these territories; encourage the Council of Europe to maintain contacts with civil society, non-governmental

organisations, human rights defenders and independent journalists on the ground and to support other

international human rights mechanisms which are accessible to people in these areas, including under the

aegis of the Organization for Security and Co-operation in Europe (OSCE) and the United Nations.

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Recommendation 2245 (2023)

11. Reaffirming the role of the Council of Europe as the leading intergovernmental organisation in Europe

for all matters relating to human rights, democracy and the rule of law, the Heads of State and Government of

the Council of Europe should reiterate its pan-European vocation, unity and its nature as a community of

values, which can be a beacon for anybody who promotes or aspires to human rights, democracy and the rule

of law, wherever they are. In this context, the Summit should express support for a policy of openness

towards Belarusian and Russian individuals, groups and organisations who unequivocally uphold Council of

Europe values and principles.

12. The Summit should further develop the Council of Europe role as a political community by enhancing

the political dimension of its work and ensuring an efficient articulation of functions and responsibilities with

other institutions of the multilateral architecture. In this regard, it should aim to upgrade the strategic

partnership between the Council of Europe and the European Union, in line with Assembly

Resolution 2430

(2022)

“Beyond the Lisbon treaty: strengthening the strategic partnership between the Council of Europe and

the European Union”, by:

12.1. giving a decisive push for finalising the negotiations for European Union accession to the

European Convention on Human Rights;

12.2. inviting the European Union to join other Council of Europe instruments, including the Revised

European Social Charter (ETS No. 163), the Council of Europe Convention on preventing and

combating violence against women and domestic violence (ETS No. 210, “Istanbul Convention”) and

the partial and enlarged agreement establishing the Group of States against Corruption (GRECO);

12.3. enhancing political dialogue and co-operation, especially in the area of the rule of law;

12.4. calling on the European Union to envisage a structured role for the Council of Europe in the

context of the European Union enlargement process;

12.5. laying the ground for a revision of the Memorandum of Understanding between the Council of

Europe and the European Union.

13. The Summit should acknowledge the Council of Europe’s contribution to global governance and

encourage the Organisation to project its values and standards beyond its membership, strengthening co-

operation with interested States and organisations, whether in its geographical neighbourhood or its political

proximity. It should seek to profile the Council of Europe as a closer partner for the United Nations, its

agencies and mechanisms with a view to supporting global governance, rules-based multilateralism and the

achievement of the Sustainable Development Goals.

14. While democracy, human rights and the rule of law should remain its main objectives and areas of

expertise, the Council of Europe should be renewed, strengthened and given new means to have an impact

and stay ahead of developments, keeping up with societal change and citizens’ demands.

15. As regards human rights, the Heads of State and Government of the Council of Europe should commit

to safeguarding and further strengthening the Convention system, including by:

15.1. reaffirming the binding nature of the European Court of Human Rights’ judgments and decisions

on interim measures and their primacy over those of national jurisdictions;

15.2. further strengthening the execution of judgments by strengthening relevant co-operation

activities and introducing a procedure for enhanced political dialogue in cases of non-compliance;

15.3. acknowledging and promoting the role of national parliaments, national human rights institutions

and civil society organisations in monitoring compliance with the Convention and the Court’s judgments.

16. With a view to responding to widespread and pressing public demands for governments to tackle

climate change and prioritise long-term environmental sustainability over immediate economic concerns,

climate change should be a separate item on the agenda of the Summit, allowing the Heads of State and

Government of the Council of Europe to:

16.1. take the lead as Council of Europe to establish environmental protection as a right while

reiterating the commitment to reduce global greenhouse gas emissions to limit the global temperature

increase, in line with the Paris Agreement;

16.2. support the drafting a Council of Europe legally binding framework to guarantee the right to a

clean, healthy and sustainable environment, in line with Assembly

Resolution 2396 (2022)

“Anchoring

the right to a healthy environment: need for enhanced action by the Council of Europe”, unanimously

adopted by the Assembly;

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Recommendation 2245 (2023)

16.3. ask for the creation of a Council of Europe committee acting as a platform to share information,

promote best practice, provide legal advice and develop tools for evaluating policies and legislation in

the area of environmental protection and the fight against climate change.

17. The Heads of State and Government of the Council of Europe should acknowledge and give a new

impulse to the pioneering role of the Council of Europe in human rights protection and to its capacity to set

legal standards, promote best practice and support domestic reform efforts in emerging areas of concern,

including new generation rights. They should back the Council of Europe work in the areas of artificial

intelligence, data protection, gender equality and protection against gender-based violence and discrimination.

18. Greater emphasis on social rights, which form an indivisible part of human rights, would enable the

Council of Europe to address one of the main root causes of the backsliding of democracy, a worrying trend

which has been witnessed in recent years. To tackle this phenomenon, the Summit should also support an

expansion of the Council of Europe’s activities aimed at enhancing citizens’ trust in democratic processes and

public institutions, namely as regards:

18.1. strengthening good governance and the respect of the rule of law;

18.2. enhancing the quality and professionalism of the public administration;

18.3. strengthening the independence of the judiciary;

18.4. fighting against corruption;

18.5. reinforcing local democracy;

18.6. expanding opportunities for civil participation and deliberative democracy in public decision

making;

18.7. tackling discrimination, intolerance and exclusion;

18.8. ensuring the integrity, resilience and adaptability of electoral processes and making sure that

they are inclusive, representative and participatory.

19. Heads of State and Government should reiterate their commitment to protecting the rights of persons

belonging to national minorities, which is a key aspect of human rights protection and democratic participation,

and a precondition for peace and democratic security. The Summit should set out closer co-operation

between the Council of Europe and the European Union in this area, including in the evaluation of EU

candidate countries based on the Copenhagen criteria and the relevant standards developed by the Council

of Europe.

20. Furthermore, in order to strengthen the coherence, impact and visibility of the Organisation’s activities

in the area of democracy and the rule of law, the Summit should:

20.1. ask for the elaboration of a democracy checklist identifying the essential criteria which govern a

well-functioning democracy, to be used by member and other States as a reference document;

20.2. envisage the establishment of a Council of Europe Commissioner for Democracy and the Rule

of Law as an independent body elected by the Assembly, entrusted with means and capacity for

engaging systematically in a permanent dialogue with member States, providing early warning and

rapid reaction, as well as offering relevant assistance, in close co-operation with key parts of the

Council of Europe Secretariat and institutions, including the Congress of Local and Regional

Authorities, to help strengthen the democratic model throughout Europe.

21.

The Summit should ensure that the Council of Europe puts people at the centre by:

21.1. mainstreaming a youth perspective in all its activities;

21.2. creating new channels for civil society, non-governmental organisations and national human

rights institutions to provide meaningful input into the work of the Organisation, especially in its

dimensions of standard-setting, monitoring and co-operation;

21.3. adopting more open and transparent working methods;

21.4. introducing a communication policy which effectively conveys the aims, objectives and impact of

the Council of Europe to the wider public.

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Recommendation 2245 (2023)

22. With a view to ensuring that the Council of Europe can count on the financial resources to effectively

carry out its mission, the Heads of State and Government of the Council of Europe should:

22.1. make a political commitment to increase the ordinary budget of the Council of Europe, in real

terms;

22.2. ask the Committee of Ministers to review the scales of the contributions from member States

with a view to raising the minimum contribution and ensuring greater fairness in the way in which

member States finance the Organisation;

22.3. invite the Committee of Ministers to explore the possibility of the European Union contributing to

the Council of Europe ordinary budget, in light of the strategic partnership between the two

Organisations.

23. The Assembly invites the Committee of Ministers and the Secretary General, within their respective

competences, to translate the political guidance of the Summit into appropriate implementing measures and

administrative reforms.

24. The Assembly recommends that the Committee of Ministers closely associate it to the process of

reflection and preparation leading up to the Summit and to its follow-up, in continuation of the climate of

dialogue and co-operation with the Committee of Ministers, the Secretary General and the other Council of

Europe bodies and institutions.

25. On its part, the Assembly resolves to continue to support the process and commits to taking into

account the political guidance of the Summit in its work.

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Recommendation 2246 (2023)

Provisional version

Environmental impact of armed conflicts

Parliamentary Assembly

The Parliamentary Assembly refers to its

Resolution 2477 (2023)

“Environmental impact of armed

conflicts” and underscores the role of the Council of Europe as a guardian of human rights and the rule of law

in times of peace and war. It deplores the devastating effects that armed conflicts have on the environment as

a source of living and insists on the co-application of human rights and humanitarian law during times of

armed conflict, as confirmed by the United Nations Human Rights Committee and the European Court of

Human Rights.

The Assembly moreover underlines the indivisibility of human rights and considers that, with the

increased acceptance that the right to a healthy environment constitutes a human right, the member States of

the Council of Europe should take ambitious measures to improve the legal framework to adequately protect

human living space, the environment, and the human right to life and to a healthy environment in the context

of armed conflict.

The Assembly therefore recommends that the Committee of Ministers:

3.1. urge member and observer States to ratify the United Nations Convention on the Prohibition of

Military or Any Other Hostile Use of Environment Modification Techniques (ENMOD convention) and

the Additional Protocol to the Geneva Conventions relating to the Protection of Victims of International

Armed Conflicts (Protocol I), if they have not yet done so;

3.2. mandate a competent body to study the feasibility of drafting a new regional legal instrument or

treaty under the Council of Europe’s auspices, with a view to identifying and filling the gaps identified in

the existing legal regime for the protection of the environment and human rights to life and to a healthy

environment in armed conflicts, wartime or occupation (notably regarding the damage threshold, the

characterisation of intent, behaviours that must be sanctioned, entities that should be held liable,

enforcement, the scale of liability and proper interpretation of the principles of proportionality, military

necessity, and due diligence);

3.3. urge member and observer States to make changes to the existing conventions on the

environmental protection of certain areas and to propose mechanisms for the implementation of their

principles and for monitoring and reporting on the conventions in times of armed conflicts;

3.4. mandate the governing body of the Convention on the Conservation of European Wildlife and

Natural Habitats (ETS No. 104, “Bern Convention”) to elaborate recommendations regarding the

protection of environmentally sensitive areas during armed conflicts, to study the feasibility of an

additional Protocol to the Convention to this end, and to consider creating a review mechanism to

ensure that the recommendations are implemented by States parties (notably, transposed into

domestic law, incorporated into military doctrine, and shared broadly with a view to developing good

practice);

Assembly debate

on 25 January 2023 (5th sitting) (see

Doc. 15674,

report of the Committee on Social Affairs, Health

and Sustainable Development, rapporteur: Mr John Howell).

Text adopted by the Assembly

on 25 January 2023

(5th sitting).

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Recommendation 2246 (2023)

3.5. ensure that the revised Council of Europe Convention on the Protection of Environment through

Criminal Law (ETS No. 172) applies also in the context of armed conflicts, wartime or occupation, and

covers ecocide;

3.6. allocate sufficient means to ensure proper monitoring and implementation of commitments under

the Council of Europe treaties, in particular the Bern Convention and the Landscape Convention (ETS

No. 176);

3.7. promote and disseminate the United Nations principles on the protection of the environment in

relation to armed conflicts;

3.8. support the creation of a permanent international mechanism to monitor legal infringements and

address compensation claims for environmental damage resulting from armed conflicts;

3.9. encourage the European Court of Human Rights to use the functional impact-model with

jurisdiction whenever the question of the extraterritorial application of human rights arises in situations

of armed conflict or occupation;

3.10. encourage member States to map areas of particular environmental importance or sensitivity in

anticipation of any form of armed conflicts and to foresee the demilitarisation of such areas, in case a

military conflict breaks out;

3.11. call on member States to update their legal arsenal to criminalise and effectively prosecute

ecocide, to establish domestic and/or regional solutions to provide relief to environmental refugees

fleeing a military conflict, and to take concrete steps to propose amendment of the Rome Statute of the

International Criminal Court in order to add ecocide as a new crime;

3.12. elaborate upon the recommendations to the member States about the protection of critical

infrastructure.

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Recommendation 2247 (2023)

Provisional version

The Istanbul Convention: progress and challenges

Parliamentary Assembly

Referring to its

Resolution 2479 (2023)

“The Istanbul Convention: progress and challenges”, the

Parliamentary Assembly congratulates the Committee of Ministers for its constant support for the Convention

on the Protection and Prevention of Violence against Women and Domestic Violence (CETS No. 210,

“Istanbul Convention”), which has contributed to its ratification by 37 member States to date.

In the light of the absolute need to do more to eliminate violence against women and domestic violence

by promoting the Istanbul Convention, as a unique and essential tool in shaping preventive and protective

legislation and policies and punishing perpetrators of gender-based violence, as well as of the need to dispel

deliberate misrepresentations of the treaty, the Assembly calls on the Committee of Ministers to:

2.1. promote ratification of the Istanbul Convention in those countries having not yet ratified it, and to

encourage States having ratified it to lift any reservations made on accession where this is possible;

2.2. promote feminist foreign policies as a means to attain more representative, inclusive policy

making and multilateral action in combating gender-based violence on the basis of the normative

international framework;

2.3. in continuity with the recommendations made in October 2022 by the High-level Reflection

Group on the Council of Europe’s role in responding to new realities and challenges facing Europe and

the world, ensure that priority is given in the Action Plan of the 4th Summit of Heads of State and

Government of the Council of Europe in May 2023 to combating violence against women and domestic

violence through the implementation of the Istanbul Convention;

2.4. take action to ensure implementation of the Dublin Declaration of Council of Europe Ministers on

the prevention of domestic, sexual and gender-based violence adopted in September 2022;

2.5. ensure that the new Gender Equality Strategy (2024-2029) gives priority to combating and

preventing violence against women, building on the successes of the current strategy 2018-2023;

2.6. give renewed support to the Council of Europe’s activities on gender equality and on combating

violence against women, as well as the Assembly’s Parliamentary Network Women Free from Violence,

including through financial contributions by member States.

Finally, the Assembly proposes a new Organisation-wide awareness-raising campaign on the aims and

impact of the Istanbul Convention and its contribution towards women’s rights and gender equality in Europe.

Assembly debate

on 25 January 2023 (6th sitting) (see

Doc. 15673,

report of the Committee on Equality and Non-

Discrimination, rapporteur: Ms Zita Gurmai).

Text adopted by the Assembly

on 25 January 2023 (6th sitting).

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Resolutions

2475 to 2486

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Resolution 2475 (2023)

Provisional version

Addressing the issue of Daesh foreign fighters and their

families returning from Syria and other countries to the

member States of the Council of Europe

Parliamentary Assembly

The Parliamentary Assembly recalls its

Resolution 2091 (2016)

“Foreign fighters in Syria and Iraq” and

Resolution 2190 (2017)

“Prosecuting and punishing the crimes against humanity or even possible genocide

committed by Daesh”. It reiterates its position that “individuals who act in the name of … Daesh… have

perpetrated acts of genocide and other serious crimes punishable under international law” and that “there is

conclusive evidence that Daesh has committed genocidal acts against members of the Yazidi, Christian and

non-Sunni Muslim minorities”. Many of these acts, such as enslavement, sexual slavery, rape, imprisonment,

torture and murder, also amounted to war crimes and crimes against humanity.

It notes that both the United Nations Commission of Inquiry on Syria in 2016 and the United Nations

Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD) in 2021

concluded that Daesh committed genocide against the Yazidis. The UNITAD has also identified evidence of

crimes committed against other groups, such as Shia, Christians and other communities.

Numerous national parliaments have also formally condemned Daesh’s actions as genocide or crimes

against humanity. Several criminal courts in Council of Europe member States have convicted Daesh

members for terrorism-related offences, war crimes and crimes against humanity committed in Syria and Iraq.

In 2021 a German court convicted an Iraqi Daesh member for genocide, crimes against humanity and war

crimes, for cuffing a five-year-old Yazidi girl to a window in the scorching heat and letting her die in front of her

mother, motivated by the intent to eliminate the Yazidi religious minority. This is the first time that a court,

anywhere in the world, has recognised as genocidal a crime committed against a Yazidi victim.

The Assembly also recalls that States have a general obligation under the 1948 United Nations

Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) to

prevent and punish acts of genocide, including complicity in genocide. According to the International Court of

Justice, the duty of prevention requires a State to employ all means reasonably available, taking into account

its capacity to influence effectively the actions of persons likely to commit, or already committing genocide.

States therefore have a legal obligation to prevent genocide the very moment a State learns or should

normally have learned of the serious risk of genocide, for instance by preventing the travel, recruitment and

financing of foreign terrorist fighters who joined Daesh and who were likely to participate in the commission of

genocide, and effectively prosecuting the perpetrators as a means to deter further crimes.

Since the outbreak of the Syrian armed conflict in 2011, thousands of foreigners from all over the world

joined Daesh in Syria and Iraq, including with their families. A considerable number of European citizens were

among them. In response to the phenomenon of foreign terrorist fighters, United Nations Security Council

1. Assembly debate on 23 January 2023 (2nd sitting) (see

Doc. 15591,

report of the Committee on Legal Affairs and

Human Rights, rapporteur: Mr Pieter Omtzigt; and

Doc. 15672,

opinion of the Committee on Social Affairs, Health and

Sustainable Development, rapporteur: Mr Stefan Schennach).

Text adopted by the Assembly

on 23 January 2023

(2nd sitting).

See also

Recommendation 2247 (2023).

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Resolution 2479 (2023)

lost economic output 14%. In the interests of all of society, action must therefore be stepped up to end the

inequalities which lead to violence and to empower people in situations of vulnerability by giving them full

access to their rights.

Referring to its previous

Resolution 2289 (2019)

“The Istanbul Convention on violence against women:

achievements and challenges”, the Assembly reiterates the recommendations set out in that text. In addition,

with regard to promoting its ratification, the Assembly:

7.1.

urges Azerbaijan to sign and ratify it without further delay;

7.2. urges the parliaments of Armenia, Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and

the Slovak Republic to increase their efforts to promote and engage in procedures for ratification to

follow up on their signature;

7.3. urges Türkiye, the country that gave its name to the convention and was among the first

ratifications, to reconsider its withdrawal and return to the convention;

7.4. encourages the European Union to overcome the legal obstacles to ratification as a means of

ensuring the implementation of its provisions in all European Union member States and of promoting it

in others;

7.5. encourages Israel, Kazakhstan and Tunisia to follow up on the invitation of the Committee of

Ministers of the Council of Europe to accede to the convention, and encourages other non-member

States, observers and partners for democracy to do so as soon as possible.

With respect to the prevention of violence against women and girls and domestic violence, the

Assembly calls on all States Parties to the Istanbul Convention to fully implement its provisions as an

assurance of solid, protective laws and policies relating to prevention, protection and prosecution embedded

in a set of integrated policies. To this end it calls on the parliaments of States Parties to the Istanbul

Convention to:

8.1. carry out regular assessments of national legislation and propose revisions of laws where they

are not in conformity with the provisions of the convention;

8.2. make sure that legislation is efficient in ensuring protection against violence against women and

girls, including domestic violence, and prosecution of perpetrators of violence;

8.3. ensure regular monitoring of implementation in accordance with Article 70 of the convention and

give adequate prominence to the baseline reports of GREVIO and the recommendations of the

Committee of the Parties in parliamentary debates and hearings;

8.4. organise awareness-raising campaigns both in their parliaments and in their constituencies, and

to report back to the Assembly annually in order to document these good practices;

8.5. bearing in mind the requirement under the convention for policies to place the rights of the victim

at the centre of all measures, to ensure co-operation between all relevant stakeholders in design and

implementation of policies and programmes, including women’s civil society organisations and diverse

communities;

8.6. include a gender perspective in the implementation and evaluation of the impact of the

convention as set out in its Article 6.

With respect to dispelling deliberate misrepresentations around the ultimate objectives of the Istanbul

Convention, the Assembly underlines that these are part of broader negative tendencies in today’s societies

carried by anti-rights movements and aiming to curb the enjoyment of human rights by persons belonging to

certain groups. It asks all parliaments of Council of Europe member and observer States as well as

parliaments which enjoy the status of observer or partner for democracy with the Assembly to:

9.1. firmly assert that the convention focuses on women and girls in all their diversity as people who

are disproportionately affected by gender-based violence;

9.2. acknowledge that the convention does not threaten the nuclear family or family values, nor does

it impose certain lifestyles;

9.3. further take into account that the convention does not encourage irregular or illegal migration

when endeavouring to ensure that women victims of intimate partner violence are not dependent on the

residency status of their aggressors;

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9.4. recognise that domestic legislation may be effective but that the convention provides a blueprint

for national legislation and an efficient system of evaluation and assistance in implementation, and that

sharing of best practices and trans-border and international co-operation are important in combating

violence against women and domestic violence.

10. The Assembly welcomes the priority given to preventing and combating violence against women and

domestic violence in the report of the High Level Reflection Group on the Council of Europe’s role in

responding to new realities and challenges facing Europe and the world, published in October 2022, which will

contribute to the themes taken up by the 4th Summit of Heads of State and Government announced by the

Committee of Ministers for 16-17 May 2023.

11. Recalling that it has constantly called for the organisation of a new summit since 2017, the Assembly

requests that the recommendations in the report be followed up by the Committee of Ministers and that the

priority given by the High Level Reflection Group be adequately reflected in the action plan of the 4th Summit.

12. Finally, the Assembly decides to hold an annual exchange to take stock of progress with ratification and

implementation of the Istanbul Convention, as part of its monitoring responsibilities under the convention.

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Resolution 2480 (2023)

Provisional version

The role and responsibility of men and boys in stopping

gender-based violence against women and girls

Parliamentary Assembly

Gender-based violence against women and girls, which finds its origin in profound gender inequalities

and is their expression, is widespread and harmful. It affects society as a whole and should be recognised as

a global human rights issue. In Europe, it is estimated that one in three women is a survivor of gender-based

violence. No country and no sector are immune to this violence. A few years ago, the #metoo movement went

viral and contributed to a lifting of taboos. It created more consciousness of the urgency of preventing and

combating gender-based violence.

The fight against gender-based violence has been historically led by women and women’s rights

organisations. However, men and boys, in all their diversity, also have an important role to play. Men can be

agents of change by speaking out against harmful practices, acting as role models and challenging sexism.

They are often the best placed to call on other men to be active in the fight against gender-based violence,

and to set an example for future generations. All genders, including men in all their diversity, can and should

be allies and partners in the fight for gender equality and against gender-based violence.

The Parliamentary Assembly recognises the responsibility of men and boys in preventing and stopping

gender-based violence against women and girls and urges them to be proactive in this regard. It

acknowledges that not all men are perpetrators of gender-based violence but that the majority of perpetrators

are men. It welcomes the adoption of the Dublin Declaration on the Prevention of Domestic, Sexual and

Gender-Based Violence on 30 September 2022 by thirty-eight Council of Europe member states, which

committed to “ensuring that strategies aimed at preventing and combating violence against women also

address the specific role of men and boys in preventing violence against women” and to develop specific

measures aimed to involve them. It recalls its

Resolution 2027 (2014)

“Focusing on the perpetrators to

prevent violence against women”, its

Resolution 2274 (2019)

“Promoting parliaments free of sexism and

sexual harassment” and its

Resolution 2405 (2021)

“Revision of the Code of conduct for members of the

Parliamentary Assembly: introducing the explicit prohibition of sexism, sexual harassment and sexual violence

and misconduct”. The Assembly’s #NotInMyParliament awareness-raising initiative was launched to prevent

and combat sexism, harassment and violence against women in parliaments.

Men and boys are not a homogeneous group and masculinities are multiple. Actions targeted at men

and boys need to take this diversity into account. The Assembly stresses that promoting mindful masculinities

and respectful relationships, as well as the equal sharing of care responsibilities between women and men,

will be a step towards more gender equality and will be beneficial to society. Education and awareness-raising

of men and boys can play an important part to this end. Talking about the pyramid of violence could also be a

starting point of discussion.

The Assembly recognises that men and boys can also be affected by gender stereotypes and models

of harmful masculinity and stresses the importance of adopting a gender perspective that is inclusive. Men,

including men in positions of political, economic or social power, must be part of the response and participate

Assembly debate

on 25 January 2023 (6th sitting) (see

Doc. 15678,

report of the Committee on Equality and Non-

Discrimination, rapporteur: Ms Petra Stienen).

Text adopted by the Assembly

on 25 January 2023 (6th sitting).

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Resolution 2480 (2023)

in changing mindsets, behaviours and social norms in order to prevent and combat gender-based violence.

Parliamentarians, as influential public figures and legislators, hold a special responsibility for contributing to

gender justice and society’s mobilisation against gender-based violence.

The Council of Europe Convention on preventing and combating violence against women and domestic

violence (CETS No. 210, “Istanbul Convention”) states in its article 12.4 that all members of society, especially

men and boys, should be encouraged to contribute actively to preventing violence. The Assembly has

relentlessly called for the ratification and implementation of the Istanbul Convention. It recalls that the fight

against gender-based violence is closely connected to the fight against gender-based stereotypes and

patriarchal values, and reiterates its full support for the convention. The deconstruction of systems of

patriarchal privileges will be a key step to reaching gender equality and ending impunity for perpetrators of

gender-based violence. The Assembly deplores the development of anti-gender movements which deny the

reality of gender-based violence, and calls for a resistance against the backlash.

The Assembly welcomes the adoption by the United Nations Human Rights Council of Resolution

A/HRC/5/10 “Accelerating efforts to eliminate violence against women: engaging men and boys in preventing

and responding to violence against all women and girls”. It supports the Gender Equality Commission of the

Council of Europe and welcomes its work towards adoption by the Committee of Ministers of guidelines on the

place of men and boys in gender equality policies and in policies to combat violence against women.

In the light of these considerations, the Assembly calls on Council of Europe member and Observer

States, as well as on all States whose parliament enjoys observer or partner for democracy status with the

Assembly to:

8.1.

if it is not yet the case, ratify and implement the Istanbul Convention;

8.2. adopt strategies or national action plans to prevent and combat gender-based violence and

include action with dedicated budget to address the responsibility and role of men and boys;

8.3. adopt legislation on defining rape by the absence of consent, if not yet the case, in line with the

requirements of the Istanbul Convention which indicates that “consent must be given voluntarily as the

result of the person’s free will assessed in the context of the surrounding circumstances” (Article 36);

8.4. implement Committee of Ministers Recommendation CM/Rec(2019)1 on preventing and

combating sexism;

8.5. launch awareness-raising campaigns on the responsibility of men and boys in preventing and

combating gender-based violence, including as bystanders;

8.6. promote a gender-balanced representation in cultural, economic, media, public and political

sectors;

8.7. create, if it is not yet the case, preventive intervention and treatment programmes for

perpetrators of gender-based violence against women and girls, based on existing international

standards in this area;

8.8. provide comprehensive training for professionals, including members of the police, lawyers,

judges, prosecutors, health care professionals and social workers, on all forms of gender-based

violence against women and girls, detecting and responding to gender-based violence, on assistance to

survivors and on the rights of victims;

8.9.

adopt policies and measures encouraging the equal participation of men in care activities;

8.10. improve data collection on gender-based violence in line with existing standards and good

practices in this area;

8.11. support research on the costs of harmful masculinity for society and on the costs of gender-

based violence;

8.12. communicate on the harmful effects of gender-based violence on survivors and on society in

general;

8.13. adopt an intersectional approach, taking into account all diversities and intersecting forms of

discrimination, in the fight against gender-based violence;

8.14. encourage discussions on gender equality, sharing of care responsibilities and combating

sexism and gender-based violence in workplaces;

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Resolution 2480 (2023)

8.15. support male role models engaged in the fight against gender-based violence and in the

promotion of mindful masculinities;

8.16. provide financial support to non-governmental organisations working on preventing and

combating gender-based violence, including assistance to survivors, and additional financial support to

non-governmental organisations promoting gender equality through combating harmful masculinities

and launching activities on the responsibility of men and boys in this fight.

With regard to preventing and combating gender-based stereotypes, the Assembly calls on these

States to:

9.1. invest in education on gender equality from the youngest age, and in the training of teachers on

gender equality, and ensure that gender equality will be discussed at school on a regular basis;

9.2.

develop toolkits questioning stereotypical gender roles;

9.3. ensure the provision of comprehensive sexuality education including discussions on gender-

based stereotypes, the meaning of consent and respect in intimate relationships;

9.4. ask sports clubs and federations to contribute to the fight against gender-based stereotypes and

to promote gender equality;

9.5.

encourage the production of cultural programmes reflecting on gender roles and masculinities;

9.6. encourage media outlets to react to sexist remarks and behaviours, take responsibility and step

up prevention efforts.

10. The Assembly calls on national parliaments to ensure that they are free of gender-based violence and

sexism and encourages them to organise awareness-raising events on the responsibility of men and boys in

preventing and stopping gender-based violence and on mindful masculinities.

11. The Assembly calls on political parties to make the fight against gender-based violence a political

priority and to promote the participation of women in their decision-making bodies. It also calls on them to

adopt a zero-tolerance policy on gender-based violence and initiate seminars on preventing and combating it.

12. The Assembly calls on all its members, including men, in all their diversity, to speak up against

manifestations of gender-based violence, to be pro-active in prevention and fight against gender-based

violence, to counter misogyny in politics and to initiate debates on gender equality in their national

parliaments.

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Resolution 2481 (2023)

Provisional version

Finding solutions for marital captivity

Parliamentary Assembly

Marital captivity arises when a person having entered into a marriage wishes to end it, but finds that

they are unable to do so, either legally or in the eyes of their community. It may concern cases where a

marriage has been concluded and is recognised under the civil law in force in the country where the trapped

spouse lives, as well as marital situations that are not recognised under the applicable civil law. The

phenomenon is little known but is estimated to affect tens of thousands of people – mostly women – in Europe

every year.

Situations of marital captivity violate the human rights of those that they affect. States therefore have a

duty to combat this phenomenon actively.

Marital captivity is an infringement on the trapped spouse’s personal autonomy, a basic principle of

human rights law. Persons trapped in marital captivity lose their independence and their right to self-

determination. They often cannot start a new relationship or remarry, especially where they may be

considered by their community to have committed adultery or bigamy. They may be prevented from travelling,

in particular if their marriage continues to have legal effect in a country where the husband’s approval is

necessary to renew the wife’s passport. The impact on children can also be devastating, as they grow up in

an unsafe and unstable environment. Moreover, a person who tries to put an end to this situation may find

themselves alone and isolated from their own community, and may encounter serious violence and threats.

These can include the risk of so-called “honour”-based violence, which is a particularly egregious offence and

prohibited under international law.

The human rights issues at stake are wide-ranging. Marital captivity may for example violate Articles 5

(right to liberty and security of the person), 8 (right to private and family life), 12 (right to marry) and 14

(prohibition on discrimination) of the European Convention on Human Rights (ETS No. 5), as well as rights

codified in the European Social Charter (Revised) (ETS No. 163) and in the United Nations International

Covenant on Economic, Social and Cultural Rights.

Although it is not expressly prohibited under the Council of Europe Convention on preventing and

combating violence against women and domestic violence (CETS No. 210, “Istanbul Convention”), marital

captivity may also violate a wide range of provisions under this convention. Moreover, many of the measures

that States are called upon to take under the Istanbul Convention in order to prevent, prosecute and provide

protection from all forms of violence against women and domestic violence also provide highly effective

means of combating marital captivity.

To tackle marital captivity effectively and put an end to the human rights violations that it causes, States

must address the full scope of situations potentially concerned. These include cases where one party to a civil

marriage is unable to put an end to it, for example due to obstacles to obtaining a civil law divorce, because of

a conflict of laws between countries or risk of losing residency status in the country where they live, or

because of coercion (notably psychological, physical or economic) exerted by the other party. They may also

include cases where a religious or customary marriage has been concluded (with or without a civil marriage),

which one party is unable to end due to religious or customary law or practices.

Assembly debate

on 25 January 2023 (6th sitting) (see

Doc. 15679,

report of the Committee on Equality and Non-

Discrimination, rapporteur: Ms Margreet De Boer).

Text adopted by the Assembly

on 25 January 2023 (6th sitting).

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Resolution 2481 (2023)

The Parliamentary Assembly welcomes the fact that some States have begun to take measures to

strengthen their legislation in this field, and that many measures taken to implement the Istanbul Convention

may also provide solutions to some aspects of cases of marital captivity. Civil society organisations, notably

women’s rights organisations, organisations working with migrant women and feminist religious organisations,

have also identified effective strategies for preventing marital captivity and means of responding to the needs

of women unable to leave their marriage or marital situation.

Awareness of these important human rights issues remains too low, however, and there is a pressing

need to take measures to prevent marital captivity and ensure that effective solutions are readily accessible to

victims wherever it occurs.

In the light of these considerations, the Assembly invites Council of Europe member States as well as

observer States and States whose parliaments enjoy observer or partner for democracy status with the

Assembly:

9.1.

as regards strengthening the law in this area and its implementation, to:

9.1.1.

ratify and implement the Istanbul Convention, if they have not yet done so;

9.1.2. refrain from depositing reservations to Article 59 of the Istanbul Convention, and

withdraw any reservations already deposited;

9.1.3. ensure that putting an end to a situation of marital captivity will not cause the trapped

spouse to lose their residency status;

9.1.4. step up their efforts and diplomacy to prevent transnational situations of marital

captivity from arising due to inconsistencies between laws;

9.1.5. strengthen wherever necessary the criminal law provisions applicable to coercive or

controlling behaviour, as well as those applicable to other forms of psychological, economic and

physical coercion, in order to ensure that they effectively apply to all cases of marital captivity,

whether or not there is a legally recognised marriage and including where the spouses no longer

live together;

9.1.6. train police and legal professionals to recognise situations of marital captivity and to

use these provisions effectively;

9.1.7. ensure that perpetrators of forms of marital captivity covered by criminal law are

prosecuted, in order to put an end to impunity in this area;

9.1.8. ensure that no-fault civil divorce is available to everyone and that civil divorce

proceedings are accessible to everyone, including by making legal aid available to all persons in

situations of marital captivity, regardless of their residency status;

9.1.9. explore means of using the legal system to combine civil divorce proceedings with an

obligation to co-operate with religious divorce proceedings, without placing the trapped spouse

at risk of criminal proceedings if they seek to use these provisions;

9.2.

as regards preventive measures, to:

9.2.1. work together with religious and other communities, using a bottom-up, internormative

approach and involving interdisciplinary networks of experts as well as activists already working

within these communities to combat marital captivity, in order to overcome religious attitudes

and customary practices that favour marital captivity;

9.2.2. actively support the efforts of religious communities and organisations seeking to

promote the use of prenuptial contracts to prevent situations of marital captivity from arising;

9.2.3. ensure that women migrating to a country to accompany their husband or in order to

marry are fully informed, before they leave their country of origin and in their own language, as

to their rights in the destination country and about how to seek support if necessary;

9.2.4. support the activities of civil society organisations working to reach out to and empower

women most at risk of marital captivity, notably women who may be living in isolation from the

broader community and migrant women whose residency status may be at risk if they put an

end to their marriage;

9.2.5. run awareness-raising campaigns on marital captivity and make information readily

accessible in all necessary languages about what marital captivity is and the solutions that exist;

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Resolution 2481 (2023)

9.3. as regards measures to protect victims, to ensure that the full range of support measures set out

in the Istanbul Convention is available to persons seeking to escape situations of marital captivity, and

in this context, to ensure in particular that:

9.3.1. adequate structures are in place to assist victims of marital captivity, including

telephone helplines for urgent calls and accommodation and shelters for women and girls who

have had to leave their home;

9.3.2. support provided to victims of marital captivity effectively guarantees their financial

security and independence;

9.3.3. victims of marital captivity do not lose their residency status but are granted

autonomous residency permits;

9.4.

as regards broader policy measures, to:

9.4.1. include the fight against marital captivity in their national policies and practices to

prevent and combat violence against women and girls and domestic violence;

9.4.2. collect accurate and comparable data on marital captivity, broken down by gender and

age, and carry out detailed studies on the causes and frequency of these practices and on the

associated risk factors.

10. The Assembly expresses its support for civil society organisations working to raise awareness of and

combat marital captivity and calls for these organisations to be given stable and long-term backing, including

financial resources.

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Resolution 2482 (2023)

Provisional version

Legal and human rights aspects of the Russian Federation’s

aggression against Ukraine

Parliamentary Assembly

The Parliamentary Assembly reiterates that the Russian Federation’s armed attack and large-scale

invasion of Ukraine launched on 24 February 2022 constitute an “aggression” under the terms of Resolution

3314 (XXIX) of the United Nations General Assembly adopted in 1974 and are clearly in breach of the Charter

of the United Nations. The attempted annexation of the Ukrainian regions of Donetsk, Kherson, Luhansk and

Zaporizhzhia, following the illegal so-called referendums organised by the Russian Federation in these

regions in September 2022, is a further escalation of the aggression against Ukraine. It clearly violates the

principle of international law according to which no territorial acquisition resulting from the use of force shall be

recognised as legal. The Russian Federation will be considered as continuing its aggression as long as the

sovereignty, territorial integrity, unity and political independence of Ukraine within its internationally recognised

borders will be fully re-established. The Assembly recalls that the ongoing aggression is a continuation of the

aggression started on 20 February 2014, which included the invasion, occupation and illegal annexation of

Crimea by the Russian Federation.

The Assembly notes that the aggression constituted a serious violation by the Russian Federation of

the Statute of the Council of Europe (ETS No.1), which justified the unprecedented decision by the Committee

of Ministers to exclude the Russian Federation from the Organisation, in line with the unanimous position

expressed by the Assembly in its

Opinion 300 (2022).

The Assembly also notes that Belarus has participated in the Russian Federation’s aggression against

Ukraine, as it has allowed its territory to be used by the Russian Federation for perpetrating acts of aggression

against Ukraine. Its role and complicity should be condemned by the international community and its leaders

should be held to account.

The Assembly considers that the unprovoked acts of aggression committed by the Russian Federation

and Belarus, given their character, scale and gravity, constitute manifest violations of the Charter of the United

Nations, in particular of the prohibition on the use of force contained in Article 2(4). They lack any plausible

legal justification under

jus ad bellum,

such as self-defense. These acts therefore meet the definition of the

crime of aggression as set out in Article 8 bis of the Statute of the International Criminal Court (ICC) and under

customary international law. The Russian and Belarusian political and military leaders who planned, prepared,

initiated or executed these acts, and who were in a position to control or direct the political or military action of

the State, should be identified and prosecuted. Without their decision to wage this war of aggression against

Ukraine, the atrocities that flow from it (war crimes, crimes against humanity and possible genocide), as well

as all the destruction, death and damage resulting from the war, including from lawful acts of war, would not

have occurred. As the United Nations Human Rights Committee has stated, States engaged in acts of

aggression as defined in international law, resulting in deprivation of life, violate

ipso facto

the right to life

guaranteed by Article 6 of the International Covenant on Civil and Political Rights.

Assembly debate

on 26 January 2023 (7th sitting) (see

Doc. 15689,

report of the Committee on Legal Affairs and

Human Rights, rapporteur: Mr Damien Cottier).

Text adopted by the Assembly

on 26 January 2023 (7th sitting).

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Resolution 2482 (2023)

The Assembly notes that the ICC does not have at present jurisdiction over the crime of aggression

committed against Ukraine, given that neither the Russian Federation, Belarus nor Ukraine are parties to the

ICC Statute and that the United Nations Security Council has not referred the situation to the ICC Prosecutor.

The likely exercise and abuse of the right to veto by the Russian Federation at the UNSC render such a

referral highly implausible in the present circumstances. The Assembly further notes that there is no other

international criminal tribunal competent to prosecute and punish the crime of aggression committed against

Ukraine. Domestic prosecutions, in Ukraine and in other countries on the basis of the principles of territoriality

or universal jurisdiction, face many legal and practical challenges, including in terms of perceived impartiality,

legitimacy and immunities.

The Assembly therefore reiterates its unanimous call on member States and observer States of the

Council of Europe to set up a special international criminal tribunal for the crime of aggression against

Ukraine, which should be endorsed and supported by as many States and international organisations as

possible, and in particular by the United Nations General Assembly. The proposal to create a special tribunal

for the crime of aggression against Ukraine has so far received the support of several national parliaments

and governments, the European Parliament, the European Commission, the Parliamentary Assembly of the

Organization for Security and Co-operation in Europe and the Parliamentary Assembly of the North Atlantic

Treaty Organization. The Committee of Ministers has welcomed the ongoing efforts, in co-operation with

Ukraine, to secure accountability for the crime of aggression. The Assembly considers that the Council of

Europe Heads of State and Government, at their 4th Summit in Reykjavik in May 2023, should give their

political support to the creation of such a tribunal and provide Council of Europe’s concrete expert and

technical support to the process of its establishment, in close co-ordination with other interested international

organisations and States. The Assembly considers that the Council of Europe should have an active leading

role in the establishment of the special tribunal, participate in relevant consultations and negotiations and

provide concrete expert and technical support for the process of establishment of the special tribunal.

The Assembly strongly supports the creation of a special tribunal that would have the following

features:

7.1. Its jurisdiction would be limited to the crime of aggression committed against Ukraine and would

extend

ratione temporis

to the aggression started by the Russian Federation in February 2014. Its

jurisdiction would include the role and complicity of the leaders of Belarus in the war of aggression

against Ukraine.

7.2. Its statute would contain a definition of the crime of aggression in line with Article 8bis of the ICC

Statute and customary international law.

7.3. Its statute would clearly state that personal immunities would not apply to incumbent State

officials, in line with the practice of other international criminal tribunals, and that functional immunities

would in any event not be applicable to the crime of aggression. The official capacity as a head of State

or government, a member of government or parliament, an elected representative or government

official should in no case exempt the accused person from criminal responsibility for the crime of

aggression or justify a mitigated punishment. This principle should apply to nationals of States non-

parties to the constitutive treaty or agreement, in particular those of the aggressor State and its

accomplice.

7.4. Its statute would contain a list of fair trial rights of the accused, as well as a reference to the

principles of legality and

non bis in idem,

in line with international human rights law and the European

Convention on Human Rights (ETS No. 5), as interpreted by the European Court of Human Rights.

7.5. Its role would be complementary to the ICC’s jurisdiction and in no way limit or affect the latter’s

exercise of jurisdiction over war crimes, crimes against humanity and possible genocide committed in

the context of the ongoing aggression and its jurisdiction in general. Both the ICC and the special

tribunal should agree on practical and legal issues such as sharing of evidence, custody of suspects,

developing common witness protection schemes, sequencing of trials of individuals prosecuted by both

courts.

7.6. Its seat should be established in The Hague, with a view to ensuring complementarity and co-

operation with the ICC and other international courts and institutions.

7.7. States and international organisations supporting the special tribunal should provide to it

sufficient human and financial resources, ensuring its full independence and effective operational

functioning while taking into account, in its structure, the fact that it will certainly not immediately or not

permanently be able to operate at full capacity.

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Pending the establishment of a special tribunal on the crime of aggression against Ukraine, the

Assembly calls on member States and the Council of Europe to support and provide concrete expert and

technical assistance to the process of setting up an Interim International Prosecutor’s Office to investigate the

crime of aggression, in close co-operation with the Prosecutor General’s Office of Ukraine. Member States

should co-operate closely with that Office and make sure in their internal legislation that close judicial co-

operation with it is ensured. Such an office could be based outside Ukraine, ideally in The Hague.

In parallel to the creation of a special tribunal, the Assembly calls on member States and observer

States that have not yet ratified the ICC Statute or the Kampala amendments to do so at the earliest possible

date. They should also take the necessary steps to amend the ICC Statute’s jurisdictional regime, either by

allowing referrals to the ICC by the United Nations General Assembly when the UNSC is blocked, or by

removing the existing limits on the jurisdiction over the crime of aggression in order to make it consistent with

the other crimes subject to its jurisdiction. These changes would reinforce the overall consistency, legitimacy

and universality of international criminal justice, in particular with regard to the crime of aggression. The

proposal to create a special tribunal to respond to the ongoing criminal aggression against Ukraine and the

long-term reform of the ICC Statute enabling the ICC to prosecute and punish similar (future) aggressions are

not mutually exclusive and should be pursued in parallel.

10. The Assembly is outraged by the numerous reports of atrocities, gross human rights violations and

violations of international humanitarian law committed by Russian forces or affiliated armed groups, and

specifically the horrendous role of the Wagner Group, in the course of hostilities or in areas temporarily

occupied by them during the ongoing war of aggression. These include indiscriminate attacks against civilians

and civilian objects, including hospitals, schools, nuclear power plants, energy and water infrastructure, and

cultural heritage sites, in breach of the principles of distinction, proportionality and precaution. They also

include summary executions of civilians; targeted killings; torture and ill-treatment of civilians and prisoners of

war; enforced disappearances; abductions; rape and other forms of sexual violence; unlawful confinement of

civilians; forcible transfer and deportation of Ukrainian citizens, including children, to the Russian Federation

or Russian-occupied areas; use of explosive weapons in populated areas; looting; forced “passportisation”

and conscription of Ukrainian citizens; and trials and death sentences against prisoners of war. There are

strong indications that many of these violations amount to grave breaches of the Geneva Conventions and

war crimes and that some may even qualify as crimes against humanity, as part of a widespread or

systematic attack against the civilian population in Ukraine.

11. The Assembly utterly condemns these crimes and reiterates its call on the international community to

send a clear message that perpetrators of war crimes and crimes against humanity will be held to account and

that impunity for such crimes is unacceptable. This applies equally to low-ranking perpetrators and those who

bear command responsibility for the crimes. Both the Russian Federation and Ukraine have a primary

responsibility under international law to investigate and prosecute such crimes and to bring the perpetrators to

justice.

12. The Assembly notes that there is mounting evidence that the Russian official rhetoric used to justify the

full-scale invasion and aggression against Ukraine, the so-called “de-Ukrainianisation” process, carries

characteristics of public incitement to genocide or reveals a genocidal intent to destroy the Ukrainian national

group as such or at least part of it. It recalls that the 1948 Convention on the Prevention and Punishment of

the Crime of Genocide, to which both Ukraine and the Russian Federation are parties, prohibits direct and

public incitement to commit genocide and the attempt to commit genocide. It also notes with the utmost

concern that some of the acts committed by Russian forces against Ukrainian civilians could fall under Article

II of the Convention, such as killings and forcible transfer of children of one group to another group for

russification purposes through adoption by Russian families and/or transfer to Russian-run orphanages or

residential facilities like summer camps.

13. The Assembly recalls that all States Parties to the Genocide Convention have a duty to punish

genocide. As interpreted by the International Court of Justice, they also have an obligation to prevent

genocide and a corresponding duty to act, which arises at the instant when the State learns of, or should

normally have learned of, the existence of a serious risk that genocide will be committed.

14. The Assembly notes that international and domestic accountability mechanisms already exist in order to

investigate, prosecute and, where appropriate, punish war crimes, crimes against humanity, and possible

genocide committed during the ongoing war. These include the ICC, which has jurisdiction over such crimes

allegedly committed on Ukrainian territory; the criminal justice system of Ukraine; and the criminal justice

systems of third States that have jurisdiction on the basis of the principle of universal jurisdiction or the

principles of active or passive personality. The Assembly welcomes the referral of the current situation in

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Ukraine to the ICC Prosecutor by 43 States Parties to the ICC Statute. It strongly supports the investigations

opened by the ICC Prosecutor, the Prosecutor General’s Office of Ukraine and third countries and welcomes

the setting up of a Joint Investigation Team to co-ordinate relevant efforts.

15.

The Assembly calls on member States and observer States of the Council of Europe to:

15.1. fully support the investigation launched by the ICC Prosecutor into the situation in Ukraine, by

sharing any evidence in their possession, and by providing in a sustainable manner adequate human

and financial resources to the ICC enabling it to face its increased and unprecedented workload;

15.2. assist the Ukrainian authorities and, in particular, the Prosecutor General’s Office in their

ongoing efforts to investigate alleged international crimes committed in Ukraine, by strengthening their

capacities, by providing resources and expertise, including forensic experts, and where appropriate, by

collecting, preserving and sharing evidence from potential victims and witnesses who have fled

Ukraine, in accordance with human rights standards in order to ensure its admissibility in criminal

proceedings;

15.3. provide expert support to the Ukrainian authorities in their efforts to investigate conflict-related

sexual violence, which is often under-reported by victims;

15.4. make use of the principle of universal jurisdiction or other principles (active or passive

personality) to investigate and prosecute alleged international crimes committed in Ukraine;

15.5. join or co-operate with the Joint Investigation Team set up by Ukraine and certain European

Union member States under the auspices of Eurojust and with the participation of the ICC Prosecutor,

with the aim of exchanging evidence and information in connection with the ongoing investigations on

alleged crimes committed in Ukraine;

15.6. make use of Council of Europe and other international instruments on mutual legal assistance to

the widest extent possible, for the purposes of collecting, transferring and using evidence in connection

with alleged crimes committed in Ukraine, and if necessary envisage extending them;

15.7. support the work of Ukrainian and international non-governmental organisations, as well as

human rights defenders and journalists on the ground, in the collection of evidence and documentation

of alleged international crimes or the provision of different types of assistance to victims and witnesses,

including with regard to the forcible transfer of children to the Russian Federation and Russian-

occupied territories;

15.8. ensure increased co-ordination and coherence between all accountability mechanisms and

actors involved, with a view to preventing duplication and enhancing efficiency;

15.9. ratify the Rome Statute of the ICC and its amendments, including the Kampala amendments, if

they have not yet done so.

16. The Assembly calls on the Ukrainian authorities to strictly comply with their obligations under

international humanitarian law and to conduct thorough investigations of all alleged war crimes and violations

of international humanitarian law allegedly committed by Russian or by Ukrainian forces and combatants,

regardless of the affiliation of the perpetrator or the victim. All trials before Ukrainian courts should be

conducted respecting the right of the suspects to a fair trial under international human rights law and

international humanitarian law. To this end, the Assembly encourages the Ukrainian authorities to co-operate

with international trial observers and to consider inviting international legal professionals to participate in

upcoming trials. Resulting convictions should be compatible with the principle of legality enshrined in Article 7

of the European Convention on Human Rights, which cannot be subject to derogation in time of war.

17. The Assembly also calls on the Ukrainian authorities to put a particular emphasis on activating all the

relevant procedures to gather information on and ensure the safe return of forcibly transferred Ukrainian

children from the Russian Federation and Russian-occupied territories.

18. The Assembly welcomes the adoption on 14 November 2022 by the United Nations General Assembly

of the resolution entitled “Furtherance of remedy and reparation for aggression against Ukraine”, which

recognises that the Russian Federation must bear the legal consequences of all its internationally wrongful

acts in or against Ukraine, including by making reparation for the injuries and losses caused by such acts.

This resolution further recognises the need for the establishment of an international mechanism for the

reparation of related damage, loss or injury and recommends the creation by member States, in co-operation

with Ukraine, of an international register of damage.

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19. In this context, the Assembly reiterates its call on all member States of the Council of Europe to set up

an international compensation mechanism, including an international register of damage, in co-operation with

the Ukrainian authorities. The Assembly stresses the Council of Europe’s comparative advantage due to the

experience gained by the European Court of Human Rights and the Committee of Ministers in assessing and

enforcing just satisfaction claims for serious human rights violations and considers that the Organisation

should play a leading role in setting up and managing the future mechanism. Such a mechanism would have

the following features:

19.1. It would be established by a multilateral treaty or agreement, open to all like-minded States, with

the support of the United Nations, the Council of Europe, the European Union and other international

organisations.

19.2. It would include as a first step a register of damage, which would create a record of evidence

and claims on damage, loss or injury caused to all natural and legal persons in Ukraine, as well as the

State of Ukraine, by violations of international law arising from the Russian Federation’s aggression

against Ukraine.

19.3. It would include at a later stage an international compensation commission, mandated to review

and adjudicate the claims submitted and documented by the register, as well as a compensation fund,

from which compensation awards would be paid to successful claimants. The founding treaty or

agreement would regulate matters such as the funding of the compensation fund, the enforcement of

compensation awards, and how decisions by other international bodies and courts on reparation and

compensation in connection with the Russian aggression, such as judgments of the European Court of

Human Rights, could be enforced through such a mechanism.

20. The Assembly, while reiterating its previous recommendations addressed to the Russian Federation

since the outbreak of its aggression against Ukraine, calls on the Russian Federation to:

20.1. cease its aggression against Ukraine immediately and unconditionally;

20.2. completely and unconditionally withdraw its occupying forces, including its own military as well

as proxies, from the internationally recognised territory of Ukraine;

20.3. comply strictly with its obligations under international law, including the Charter of the United

Nations, international human rights law and international humanitarian law;

20.4. immediately stop attacks against civilians and civilian objects, including mass indiscriminate

attacks, ensure full respect for the principles of distinction, proportionality and precaution, and authorise

the International Committee of the Red Cross to have full access for visits to prisoners of war;

20.5. immediately cease the forced deportation and transfers of Ukrainian civilians, including children,

to the Russian Federation and the Russian-occupied territories, allow their safe return and, in the case

of children, ensure that they are promptly reunited with their families;

20.6. investigate effectively all allegations of war crimes, crimes against humanity and possible

genocide committed by Russian forces and affiliated armed groups, and ensure as appropriate that all

perpetrators and those bearing command responsibility are properly prosecuted and punished;

20.7. co-operate with the investigations and proceedings before the ICC and the International Court of

Justice (ICJ) and comply with their decisions, including the ICJ order of 16 March 2022 indicating that

the Russian Federation should immediately suspend the military operations that it commenced on

24 February 2022 in the territory of Ukraine;

20.8. co-operate with the United Nations Commission of Inquiry on Ukraine and comply with its

recommendations;

20.9. co-operate with proceedings before the European Court of Human Rights, in relation to acts or

omissions capable of constituting a violation of the Convention provided that they occurred up until

16 September 2022, in particular in the context of the inter-state case

Ukraine v. Russia (X)

concerning

alleged mass and gross human rights violations committed by the Russian Federation in Ukraine since

24 February 2022, and of any related individual applications against the Russian Federation, and

comply with the interim measures indicated by the Court under Rule 39 of its Rules of Court in the

context of these proceedings.

21.

The Assembly furthermore invites:

21.1. the European Court of Human Rights to further prioritise the examination of inter-state and

individual applications against the Russian Federation stemming from the ongoing war of aggression;

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21.2. the members of the United Nations Security Council to consider putting to a vote and not

obstructing a Security Council resolution seeking referral of the situation in Ukraine to the ICC

Prosecutor under Chapter VII of the Charter of the United Nations;

21.3. the United Nations General Assembly to support and endorse the setting up of a special

international criminal tribunal for the crime of aggression against Ukraine and of an international

compensation mechanism for the injury, damage and loss incurred by the State of Ukraine as well as

by natural and legal persons in Ukraine, due to the Russian war of aggression;

21.4. the European Union to co-ordinate closely its efforts with the Council of Europe in ensuring a

comprehensive system of accountability for the Russian Federation’s aggression against Ukraine,

including the crime of aggression, war crimes, crimes against humanity, possible genocide, and

reparation of damages.

22. The Assembly calls on Belarus and the regime in place to refrain from any further involvement in the

aggression, including by allowing its territory to be used by the Russian Federation for perpetrating acts of

aggression against Ukraine, and to comply with its obligations under international law.

23. The Assembly considers the inability of the United Nations and its Security Council to counter the

Russian aggression due to an abuse of the right to veto to be an existential threat to international rule-based

order and the democratic security of Council of Europe member States. In this respect, the Assembly supports

all efforts and discussions on unblocking the situation at the United Nations and making the United Nations

more efficient, including a call to request an advisory opinion from the International Court of Justice on

potential limitations of the right to veto implicit in the Charter and general principles of law.

24. The Assembly should continue to follow developments relating to the Russian Federation’s aggression

against Ukraine and its legal and human rights aspects. Once hostilities have ended, the Assembly should

consider holding one of its part-sessions in Kyiv, as an expression of solidarity with Ukraine.

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Resolution 2483 (2023)

Provisional version

The progress of the Assembly's monitoring procedure

(January-December 2022)

Parliamentary Assembly

The Parliamentary Assembly acknowledges the work carried out by the Committee on the Honouring of

Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) in fulfilling

its mandate as defined in

Resolution 1115 (1997)

(modified) on the “Setting up of an Assembly Committee on

the honouring of obligations and commitments by member States of the Council of Europe (Monitoring

Committee)”. In particular, it welcomes the committee’s work in accompanying the 11 countries under a full

monitoring procedure (Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Hungary, the

Republic of Moldova, Poland, Serbia, Türkiye and Ukraine), the three countries engaged in a post-monitoring

dialogue (Bulgaria, Montenegro and Northern Macedonia) in their efforts to comply fully with the obligations

and commitments they entered into upon accession to the Council of Europe, as well as the countries subject

to periodic monitoring of their membership obligations, which was completed in 2022 in respect of Hungary,

Malta and Romania, and is currently carried out for France, the Netherlands and San Marino.

The Assembly notes the committee’s continued attention to the developments concerning relations

between Armenia and Azerbaijan. The Assembly takes note of the most recent urgent notice of the European

Court of Human Rights sent to the Committee of Ministers of the Council of Europe calling for the monitoring

of Azerbaijan's implementation of its decision of 21 December 2022 regarding the Lachin Corridor, and calls

for the immediate and full implementation of the interim measures decided by the Court. The Assembly is also

monitoring the situation around the Armenian prisoners of war and civilian captives who are still detained in

Azerbaijan. The Assembly calls upon Azerbaijan to immediately release all detainees.

It commends the Sub-Committee on Conflicts concerning Council of Europe Member States for the

work it has undertaken during the reporting period with regard to the consequences of the war between the

Russian Federation and Georgia, and in particular on recent developments in the Georgian regions of

Abkhazia and Tskhinvali/South Ossetia as well as on recent developments in the Transnistrian settlement

process.

It confirms that as a result of the Committee of Ministers’ decision of 16 March 2022 to expel the

Russian Federation from the Council of Europe with immediate effect, in reaction to the Russian aggression

against Ukraine, the monitoring procedure for the Russian Federation was immediately closed as the mandate

of the Monitoring Committee is limited to Council of Europe member States.

The Assembly welcomes the positive developments and progress made during the reporting period in

the countries under a full monitoring procedure or engaged in a post-monitoring dialogue, expresses its

concern about some negative developments and remaining shortcomings and urges all these countries to

step up their efforts to fully honour their membership obligations and accession commitments to the Council of

Europe, while it stands ready and committed to co-operate and assist member States in this respect.

In particular:

Assembly debate

on 26 January 2023 (8th sitting) (see

Doc. 15682,

report of the Committee on the Honouring of

Obligations and Commitments by Member States of the Council of Europe, rapporteur: Mr Piero Fassino).

Text adopted by

the Assembly

on 26 January 2023 (8th sitting).

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Resolution 2483 (2023)

Regarding countries under a full monitoring procedure:

6.1. with respect to Albania: the Assembly welcomes the return of the main opposition parties to the

work of the parliament following the parliamentary elections in 2021. It calls upon the ruling majority and

opposition to overcome the deep polarisation and systemic political crisis in the country. The Assembly

notes with satisfaction that the parliament has extended the constitutional deadline for the vetting of all

judges and prosecutors in the country. It takes note of the proposed new judicial map and encourages

all stakeholders to ensure that this new map will not jeopardise the access of citizens to the justice

system. The Assembly welcomes the fact that all anti-corruption structures are now fully operational

and hopes that this will result in an increased number of convictions for high level corruption, which

remains a problem. While welcoming the announcement of the authorities that they intend to remove

the so-called anti-defamation package of amendments from the agenda of the parliament, it expresses

its serious concern about the deteriorating media environment. It calls upon the authorities to refrain

from any actions and policies that could have a negative effect on freedom of expression and media

freedom in the country;

6.2. with respect to Armenia: referring to

Resolution 2427 (2022),

the Assembly welcomes the

marked progress in the democratic development of Armenia and calls on the authorities to complete the

reform of the electoral framework, to continue the reform of the judiciary and to strengthen media

freedom. The Assembly resolves to continue to closely follow developments with regard to institutional

balances and the establishment of a democratic culture;

6.3. with respect to Azerbaijan: the Assembly welcomes the authorities` declared commitment to

political dialogue but regrets that in general, the situation in Azerbaijan has not improved and that a

number of outstanding concerns with regard to the rule of law, pluralist democracy and human rights

remain unaddressed. They include serious concerns with regard to the independence of the judiciary,

media freedom and freedom of expression, freedom of association and political freedom, as well as

allegations of torture and ill-treatment by law enforcement officials and unsatisfactory detention

conditions;

6.4. with respect to Bosnia and Herzegovina: the Assembly takes note of the holding of general

elections and calls on the elected officials to proceed without delay with the formation of institutions at

State and entity level and to adopt the critical reforms called upon by the European Union, the Group of

States against Corruption (GRECO) and the Organization for Security and Co-operation in Europe

(OSCE). The Assembly also calls on the newly constituted authorities to undertake the constitutional

and electoral reforms to bring the Constitution into line with the European Convention on Human Rights

(ETS No. 5), complying with the Sejdić and Finci group of cases;

6.5. with respect to Georgia: with reference to

Resolution 2438 (2022),

the Assembly welcomes the

progress made by Georgia in honouring its obligations and commitments and encourages all political

forces to address the remaining recommendations and concerns expressed in this resolution. In that

respect it remains concerned about the extreme political polarisation in the country which affects the

reforms and stakeholder participation in the reforms needed for further democratic consolidation and

Euro-Atlantic integration of the country. The Assembly urges the authorities to implement a thorough,

independent evaluation of its reforms of the judiciary with a view to guiding future reforms to ensure a

genuine independent judiciary in the country. It takes note of recent developments with regard to the

media and concerns expressed in that regard. It encourages the authorities to take all possible steps to

reduce the tensions in the media environment. The Assembly reiterates its full support for Georgia’s

sovereignty and territorial integrity within its internationally recognised borders and its concern and

condemnation of the illegal occupation and creeping annexation by the Russian Federation of the

Georgian regions of Abkhazia and Tskhinvali/South Ossetia. It encourages the authorities to address

the 12 recommendations of the European Union so that it can be given the candidate status for

European Union membership that it rightfully aspires to;

6.6. with respect to Hungary: referring to

Resolution 2460 (2022),

the Assembly recalls its decision of

13 October to open a monitoring procedure to address the questions pertaining to the rule of law and

democracy, including the excessive concentration of powers and use of special legal orders or cardinal

laws, that have remained largely unaddressed. It invites the Hungarian authorities to review their

electoral framework in the light of the 2021 opinion of the European Commission for Democracy

through Law (Venice Commission) and to improve the media environment, so as to ensure the fairness

of the electoral procedure. It calls on the Hungarian authorities to urgently revise the National Security

Services Act and to repeal the legislation pertaining to the “dissemination of false information”. Taking

note of the steps taken to improve the functioning of democratic institutions, strengthen the

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transparency of the legislative process and improve the anti-corruption framework, the Assembly

strongly encourages the authorities to seek the expertise of the Council of Europe to ensure the

compliance of these measures with previous Venice Commission and GRECO recommendations;

6.7. with respect to the Republic of Moldova: the Assembly acknowledges that the country has faced

considerable new challenges following the outbreak of the war in neighbouring Ukraine, adding to the

pandemic, the energy and economic crisis. It applauds the Moldovan authorities for their management

of the refugee crisis and the resilience and solidarity shown by the population. The Assembly calls on

the authorities to remain committed to the reforms undertaken to restore the rule of law and trust in

State institutions in consultation with all stakeholders. It welcomes the constructive co-operation

established with the Venice Commission, in particular for the reform of the justice system and the

prosecution office. It encourages the authorities to adopt the new Electoral Code in line with the Venice

Commission’s recommendations. The Assembly refers to

Resolution 2484 (2023)

“The honouring of

obligations and commitments by the Republic of Moldova” and invites the authorities to implement it;

6.8. with respect to Poland: the Assembly underscores the exemplary role played by the country in

the context of the Russian aggression against Ukraine, and the extensive assistance provided to that

country, including by hosting more than 1.4 million Ukrainian refugees on its territory. At the same time,

the Assembly remains seriously concerned with regard to the independence of the judiciary and with

the adherence of the judicial system with European rule of law standards and norms. It is deeply

concerned about the judgments of the Constitutional Tribunal that consider article 6 (right to a fair trial)

of the European Convention on Human Rights incompatible with the Polish Constitution under certain

conditions. The Assembly reiterates its position that these judgments are an unacceptable challenge to

the supremacy of the Convention and run counter to the obligation of all member States to fully

implement the Convention and judgments of the European Court of Human Rights. It calls upon the

Polish authorities to unconditionally execute the judgments of the Court, including by amending the

Constitution if necessary. The Assembly considers that the lack of independence of the National

Council of the Judiciary is a key obstacle for the country to meet its rule of law commitments and calls

for the reform of the National Council of the Judiciary in line with Venice Commission

recommendations.

6.9. with respect to Serbia: the Assembly welcomes the adoption in January 2022, by referendum, of

the constitutional amendments to depoliticise the judiciary and the preparation of subsequent

secondary legislation for their implementation in co-operation with the Venice Commission. It

encourages the Serbian authorities to take the Venice Commission’s recommendations fully into

account. The Assembly welcomes the adoption of amendments to the electoral legislation and the

election of a more pluralistic parliament in April 2022 but urges the authorities to address long-standing

issues such as: access to media, campaign finance, pressure on voters, and to adopt measures to

allow for the public scrutiny and audit of voter lists. Concerning the fight against corruption, the

Assembly welcomes the progress noted by GRECO, notably the adoption of a code of conduct for

parliamentarians. It encourages the authorities to adopt an anti-corruption strategy and address the

deficiencies in corruption prevention amongst persons with senior executive functions. The Assembly

remains concerned about the level of violence against journalists and the media environment. Recalling

the difficulties faced by the organisers of the Europride parade in September 2022, the Assembly urges

the authorities to fully ensure freedom of assembly. In addition, the Assembly expects the Serbian

authorities to continue the peaceful dialogue with the Kosovo*

with a view to solving all outstanding

issues;

6.10. with respect to Türkiye: recalling

Resolution 2459 (2022),

the Assembly welcomes the decrease

of the electoral threshold from 10 to 7%. However it reiterates its concerns regarding the overall

electoral environment, including electoral amendments adopted in April 2022 in light of the

June 2022

opinion

of the Venice Commission, the state of freedom of expression and the media, the

independence of the judiciary and the pending procedure aimed at closing the second largest

opposition party, the Peoples' Democratic Party (HDP). It calls on the Turkish authorities to put an end

to the arrests of journalists and civil society activists, which further undermine the exercise of

democratic rights. Concerning the implementation of the judgments of the European Court of Human

Rights, it calls on the Turkish authorities to ensure the implementation of the Kavala judgment, his

release, and the release of his co-defendants. It strongly encourages the Turkish authorities to co-

2. * Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood

in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

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Resolution 2483 (2023)

operate with the Venice Commission to ensure the compliance of the legal and constitutional framework

with Council of Europe standards and to implement its recommendations and, at the very least, to

implement the electoral legislation in a spirit that will be conducive to ensuring a level playing field;

6.11. with respect to Ukraine: the Assembly notes that as a result of the Russian Federation’s military

aggression, no normal monitoring of obligations and commitments can take place. It lauds the Ukrainian

authorities for their considerable efforts to ensure the continuing functioning of the democratic and rule

of law institutions, in spite of the challenging situation caused by the war. In that respect, the Assembly

welcomes the ratification of the Council of Europe Convention on Preventing and Combating Violence

Against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”) on 18 June 2022. While

welcoming the reforms and legislative initiatives that are being implemented, also in support of its EU

candidate status, the Assembly urges the authorities to ensure, notwithstanding the difficult situation,

democratic and rule of law norms and principles are maintained as much as possible. The Assembly

encourages the monitoring co-rapporteurs for Ukraine to continue to closely follow these developments.

Regarding the countries engaged in a post-monitoring dialogue:

7.1. with respect to Bulgaria: the Assembly is fully aware that a major political crisis triggered by the

corruption scandals with which Bulgaria has been confronted since July 2020 and which have resulted

in four consecutive early parliamentary elections, has inevitably had a negative impact on progress with

regard to the implementation of recommendations made in the Assembly

Resolution 2296 (2019).

solution is needed to solve the electoral impasse and it requires compromise. The Assembly stands

ready to assist Bulgaria in this process. It urges the authorities to address the outstanding concerns

with regard to high level corruption, transparency in media ownership, human rights of minorities, and

hate speech and violence against women. At the same time, it welcomes the smooth organisation of

elections with respect for fundamental freedoms;

7.2. with respect to Montenegro: recalling

Resolution 2374 (2021),

the Assembly commends the

developments in the fight against corruption but regrets the failure to carry out the appointments to the

Constitutional Court and Judicial Council required to improve the rule of law and the functioning of

democratic institutions. The Assembly calls on political parties to proceed with such appointments

without delay and to implement the recommendations of the Office for Democratic Institutions and

Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR) regarding

the electoral process before the next presidential and parliamentary elections;

7.3. with respect to North Macedonia: the Assembly welcomes the signature of a bilateral agreement

concerning the adoption of a negotiating Framework by the European Union Council in July 2022.

The Assembly encourages the political forces in North Macedonia to reach a political compromise to

allow the country to pursue its EU integration path. The Assembly also encourages the authorities to

pursue the reforms launched to strengthen the rule of law, democracy and human rights, to release all

the results of the census and, on the basis of the significant progress identified by the Advisory

Committee on the Framework Convention for the Protection of National Minorities, to ensure the

practical implementation of the legislation for the protection of national minorities. In the field of the

judiciary, the Assembly encourages the country to implement GRECO’s July 2022 recommendations

and notably to adopt the new Code of Ethics for MPs and its Guidelines.

Regarding the countries that are currently subject to the procedure for the periodic review of

membership obligations to the Council of Europe:

8.1. with respect to Malta: with reference to

Resolution 2451 (2022),

the Assembly reiterates its

recommendation that the ruling majority and opposition consider a far-reaching reform of the Maltese

Parliament with a view to establishing a full-time parliament that can provide proper parliamentary

oversight and regain legislative initiative. The continuing vulnerability of Malta’s public sector to

corruption remains a point of concern. In that context, the Assembly regrets that the Maltese authorities

have not followed its recommendation to abolish the country’s “citizenship by investment” programme.

While the media environment remains a cause for concern, the Assembly welcomes the establishment

of a Committee of experts on Media, headed by the former Chair of the Independent Investigation

Commission into the murder of Ms Daphne Caruana Galizia and the government’s response to it, which

is a signal that the authorities wish to address these concerns;

8.2. with respect to Romania: with reference to

Resolution 2466 (2022),

the Assembly welcomes the

ongoing reform of the judicial system in Romania and expresses its confidence that three draft Justice

Laws: on the status of Magistrates; on the Organisation of the Judiciary; on the Superior Council of

Magistrates would take into account the Venice Commission’s recommendations requested by the

Monitoring Committee. It also notes with satisfaction the progress towards compliance with Council of

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Resolution 2483 (2023)

Europe standards in areas crucial for the functioning of democratic institutions, namely the judiciary and

the fight against corruption. It deplores, however, that some issues still raise some concerns particularly

with regard to media freedom and insufficient transparency concerning the use of public funds by

political parties to finance media in order to influence their content;

8.3. with respect to San Marino: the Assembly welcomes the recent reforms to strengthen the

system of checks and balances and independence of the judiciary in the country. The Assembly

underscores that these reforms should not be considered the end of the road but a starting point for

ongoing reforms to ensure the efficient functioning of democratic institutions and to address any

concerns with regard to their vulnerability to conflicts of interest and corruption. In this context the

Assembly urges the Sammarinese authorities to ensure that laws and reforms are fully and consistently

implemented to ensure their efficacity and tangible results in the eyes of the Sammarinese citizens.

The Assembly reiterates its support for the efforts of the Monitoring Committee to ensure the monitoring

of membership obligations of all Council of Europe member States in the framework of the periodic monitoring

reports. It is aware of specific conditions and procedural requirements linked to the preparation of these

reports which mean that a single two-year reference period, in accordance with Article 26 of the Rules of

Procedure is insufficient, and it resolves to address this question in the forthcoming general revision of its

rules. In this context, the Assembly welcomes the committee’s decision to revise its internal working methods

with a view to being better able to respond to current events and developments in member States.

10. The Assembly deplores the ongoing issue of the insufficient availability of monitoring rapporteurs. It

calls on political groups to ensure that availability to carry out the work of rapporteurs constitutes an important

criterion when nominating members to the committee and candidates for rapporteurs and to make more

frequent recourse to the circulation of rapporteurs’ positions among the groups to alleviate some of the

shortages of rapporteurs for vacant positions. At the same time, the Assembly invites the committee to reflect

on a possible revision of the current single five-year-term limit for rapporteurs for a country under a full

monitoring procedure or engaged in a post-monitoring dialogue to three three-year terms, which would allow

for the possibility of recall and for the retention of available and competent rapporteurs for a given country.

11. The Assembly takes note that currently 13 out of 30 rapporteurs and only 28 out of 87 members of the

committee are women. The Assembly underscores the need for a more balanced gender representation in the

nominations by the groups both for committee membership and rapporteur positions.

12. The Assembly notes with satisfaction the continued excellent co-operation with the Venice Commission

which provides the committee with legal expertise on the functioning of democratic institutions in specific

countries.

13. The Assembly invites the committee to pursue its reflections on ways to increase the efficiency and

impact of its work.

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Resolution 2484 (2023)

Provisional version

The honouring of obligations and commitments by the

Republic of Moldova

Parliamentary Assembly

The Republic of Moldova joined the Council of Europe in 1995. In 2019, the Parliamentary Assembly

highlighted efforts to “de-oligarchise” the country and depoliticise its judicial institutions, in

Resolution 2308

(2019)

“The functioning of democratic institutions in the Republic of Moldova”. Since then, some major

developments have altered the country’s political landscape: in November 2020, Maia Sandu became the first

female President of the Republic, elected on the back of a clear pro-European agenda. In July 2021, in the

wake of a political and constitutional crisis, the President’s Action and Solidarity Party won a majority in a snap

parliamentary election. For the first time in its history, the Republic of Moldova is governed by a stable

parliamentary majority held by a single party. The elections also confirmed the electoral support for

eradicating corruption and building efficient and transparent State institutions able to work in the public

interest. At the same time, this unprecedented political situation places a responsibility on the ruling party to

ensure that democratic principles, the rule of law and the protection of human rights are fully upheld.

Since the summer of 2021, the authorities have embarked on a far-reaching programme of reform,

notably in the judiciary and the fight against corruption, to tackle the roots of “state capture” and thereby

restore integrity and public trust in State institutions.

The authorities have made efforts to review the functioning of most State institutions and independent

bodies and appoint new officials following parliamentary assessment procedures, triggering questions about

the transparency and speed of the selection process. The Assembly understands that taking the necessary

steps to quickly restore the proper and transparent functioning of democratic institutions is a huge challenge

without any ready-made solution. However urgent and necessary the reforms may be, the Assembly urges the

authorities to ensure that such changes are made in accordance with the rule of law and Council of Europe

standards, and are drawn up with the involvement of the parliamentary opposition and civil society so as to

facilitate sound law making and enable sustainable and strong institutions to be established. In this respect, it

welcomes the Moldovan authorities’ close co-operation with the Council of Europe, in particular with the

Secretary General’s High-Level Working Group on the reform of the judiciary and the European Commission

for Democracy through Law (Venice Commission), as well as their constructive approach to ensuring that the

restructuring of the State, and in particular the judicial overhaul, are in line with Council of Europe standards.

The outbreak of the war in Ukraine on 24 February 2022 had major repercussions on the Republic of

Moldova. New logistical and national and external security challenges compounded difficulties in dealing with

the Covid-19 pandemic, energy crisis and high inflation rates and exacerbated existing tensions in Moldovan

society. The country has seen a huge wave of refugee arrivals from Ukraine: over 700 000 have entered the

country since February 2022 and almost 100 000 have stayed there. This makes the Republic of Moldova the

country that is hosting the largest number of refugees from Ukraine in relation to its population (2.6 million),

presenting a major logistical challenge for the authorities and putting a considerable strain on their

administrative bodies.

Assembly debate

on 26 January 2023 (8th sitting) (see

Doc. 15680,

report of the Committee on the Honouring of

Obligations and Commitments by Member States of the Council of Europe, co-rapporteurs: Mr Pierre-Alain Fridez and

Ms Inese Lībiņa-Egnere).

Text adopted by the Assembly

on 26 January 2023 (8th sitting).

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Resolution 2484 (2023)

The Assembly commends the authorities’ efforts to manage these multiple crises, develop contingency

plans for receiving refugees and address the humanitarian, socio-economic and educational challenges of

welcoming refugee children. It applauds the solidarity and resilience shown by the Moldovan people. The

Assembly calls on Council of Europe member States to support the country’s efforts and to consolidate their

assistance, building on the guidance provided by the Secretary General’s Special Representative on Migration

and Refugees

in her report of June 2022,

in particular to develop long-term solutions for women, children, the

elderly and persons with disabilities, including for preventing and detecting all forms of trafficking in human

beings and violence against women and for protecting unaccompanied and separated children from Ukraine.

The on-going aggression of Ukraine by the Russian Federation has presented major public security

challenges, prompting the authorities to take measures to protect State institutions and combat extremist

activities, including the use of war symbols. In its

amicus curiae brief

of October 2022, the Venice Commission

found that banning the use of such symbols was acceptable since “the display of the symbols used by the

Russian armed forces in the current war produce[d] an actual and immediate danger of disorder and a threat

to national security and the rights of others, including those of Ukrainian war refugees” and that there was a

“pressing social need” to impose a ban on such use.

The energy crisis, compounded by the conflict in Ukraine, and high inflation are hitting the population

hard, as are the energy cuts caused by the bombing of Ukraine’s energy infrastructure. The Assembly

strongly condemns the weaponisation of gas supplies and the hybrid war being waged by the Russian

Federation which violate the country’s sovereignty and the democratic functioning of its institutions.

In this context, the decision by the Council of the European Union to grant candidate country status to

the Republic of Moldova on 23 June 2022 was a powerful response to the electorate’s aspiration to join the

European Union and to the country’s efforts to shore up its democracy. The Assembly believes that this

negotiation process is conducive to driving forward the legal and democratic reforms needed to honour

Council of Europe membership obligations.

Despite its difficult circumstances, the country has continued to implement its ambitious programme of

reform in co-operation with the Council of Europe, focusing on overhauling the judiciary and tackling

corruption. The Assembly notes that the lack of financial and human resources clearly hinders the satisfactory

implementation of such holistic reforms within a limited time frame.

10.

Where democracy is concerned:

10.1. the Assembly welcomes the efforts undertaken to consolidate democratic institutions and

strengthen them against the risk of foreign interference. It welcomes the adoption of a new Electoral

Code on 9 December 2022 however without a broad political consensus. It welcomes the progress

noted by the Venice Commission and the Office for Democratic Institutions and Human Rights of the

Organization for Security and Cooperation in Europe (OSCE/ODIHR) in their

October 2022 joint opinion

and invites all stakeholders to implement the new Electoral Code in good faith and in line with the

Venice Commission recommendations. It encourages moreover the authorities to implement the

recommendations of the Group of States against Corruption (GRECO) on the transparency of political

party funding;

10.2. in this context, the Assembly urges the parliament to strengthen its rules on integrity and adopt a

Code of Conduct for Members of Parliament and a Code of Parliamentary Rules and Procedures so as

to help eradicate party switching, which has frequently been an underlying cause of political instability in

the past;

10.3. the Assembly notes that the country has been facing protests organised by the Shor Party since

18 October 2022. The Assembly calls on the political forces concerned to ensure the peaceful nature of

these demonstrations and deplores the violence exerted against journalists on 23 October 2022.

Moreover it supports the authorities' efforts to investigate the allegations of illegal financing of these

demonstrations and possible destabilisation of the country. Following the government's referral to the

Constitutional Court to verify the constitutionality of the Shor Party, the Assembly calls on the

authorities to take full account of the Venice Commission's

amicus curiae

brief adopted in December

2022 on declaring a political party unconstitutional and the well-established case law of the European

Court of Human Rights on the freedom of expression and association of political parties when ruling on

this issue;

10.4. the Assembly calls on the authorities of the Republic of Moldova and of the Autonomous

Territorial Unit of Gagauzia (ATUG) to pursue their dialogue and welcomes the efforts made to enhance

Romanian language learning. It also calls on both parties to support the activities of the working group

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Resolution 2484 (2023)

tasked with ensuring Moldovan legislation is in line with the ATUG’s special status and urges the ATUG

People’s Assembly to refrain from adopting legislation that contradicts national legislation, particularly in

the area of LGBTI rights.

11.

Where the rule of law is concerned:

11.1. the Republic of Moldova has embarked on a programme of major judicial reform, including of the

Superior Council of Magistracy, Superior Council of Prosecutors, Prosecutor’s Office, Supreme Court of

Justice and the Constitutional Court. The Assembly welcomes the country’s extensive co-operation with

the Venice Commission to ensure that the amendments comply with the Council of Europe standards,

which has resulted in a number of opinions and

amicus curiae

briefs;

11.2. the Assembly also welcomes the adoption of constitutional amendments in September 2021,

which commanded broad consensus and won the backing of the main political parties. The

constitutional reform represented a major step forward in depoliticising the judiciary and improving its

independence, accountability and efficiency. Some major changes were made, in particular with regard

to the election and appointment of members of the Superior Council of Magistracy and the Superior

Council of Prosecutors;

11.3. the Assembly applauds the reforms set in motion to enhance the integrity of the judiciary and

restore trust in judicial institutions. To this end, the authorities have introduced an integrity evaluation

procedure to vet judges and prosecutors with a view to “cleansing” the system of those involved in

large-scale corruption and organised crime. The Assembly shares the

Venice Commission’s

position in

this respect and calls on the authorities to ensure that the vetting of sitting judges is implemented in

accordance with constitutional safeguards and due respect for judicial independence; it can only be

justified in exceptional circumstances when ordinary methods of judicial accountability are not available;

11.4. the Assembly supports the steps taken by the authorities to dismiss judges and prosecutors who

have failed to meet integrity requirements. The Commission for the assessment of judges’ and

prosecutors’ activities (hereinafter referred to as the “Pre-Vetting Commission”) set up in March 2022

and composed of national and international members, is responsible for checking that integrity

requirements are met by candidates for key positions at the Superior Council of the Magistracy, the

Superior Council of Prosecutors and their specialised bodies. The Assembly encourages the authorities

to ensure that the Pre-Vetting Commission has the necessary financial and human resources to

discharge its duties, while noting that this will be a lengthy process that could affect the functioning of

judicial institutions;

11.5. the reform of the Public Prosecution Service threw up some difficulties. The Law on the Public

Prosecution Service has been amended several times since 2019 to: (i) introduce a new procedure for

appointing an interim Prosecutor General pending the selection of a permanent Prosecutor General; (ii)

change the rules on the composition of the Superior Council of Prosecutors; (iii) lay down a new

procedure for both appointing and dismissing the Prosecutor General (in July and September 2019);

(iv) reorganise the Superior Council of Prosecutors; (v) set up new accountability mechanisms for the

Prosecutor General; (vi) enable a specially created Evaluation Commission to carry out an

ad hoc

“performance evaluation” of the Prosecutor General once a year (in August 2021); and (vii) govern the

procedure for selecting and appointing the Prosecutor General and the heads of the specialised

prosecutors’ offices (in January 2022);

11.6. in the opinion of

June 2022,

the Venice Commission found that the latest amendments to the

Law on the Public Prosecution Service had addressed most of the key recommendations it had made in

2021 following the hastily passed raft of legislative amendments. The Assembly welcomes the 2022

amendments that improve the composition of the Superior Council of Prosecutors – notably re-

establishing the Prosecutor General as

ex officio

member of the Superior Council of Prosecutors,

stipulate that findings of the Evaluation Commission, which now includes Superior Council of

Prosecutors members, are of an advisory nature and leave the decision to dismiss the Prosecutor

General on the grounds of unsatisfactory performance with the Superior Council of Prosecutors;

11.7. the arrest in October 2021 of former Prosecutor General Mr Stoianoglo, who has been under

judicial supervision since December 2021, and his suspension from his duties have raised questions

about the observance of procedural safeguards. The Assembly calls on the authorities to ensure that

the proceedings under way are completed in accordance with due process of law and that his

performance is assessed according to the criteria of integrity and professionalism that derived

uncontestably from the pre-existing rules, as the Venice Commission once again stressed

in June

2022;

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Resolution 2484 (2023)

11.8. corruption in the Republic of Moldova remains a pervasive phenomenon which the authorities

are committed to addressing as a matter of priority. There has been a slight improvement since 2016 in

the Corruption Perceptions Index published by Transparency International, with the country ranking

105th in 2021, compared to 123rd in 2016;

11.9. with regard to corruption prevention in respect of judges and prosecutors, GRECO welcomed, in

its December 2021 (fourth round)

interim compliance report,

the significant progress made in terms of

the composition of the Superior Council of Magistracy resulting from the constitutional amendments

adopted in September 2021. On another positive note, legislation aimed at strengthening the

independence and effectiveness of the National Integrity Authority and tightening the rules governing

the declaration of assets and personal interests was adopted on 7 October 2021;

11.10. in accordance with GRECO’s findings, the Assembly notes with satisfaction the increase in the

National Integrity Authority’s budget and its closer scrutiny of the declarations of assets and personal

interests of parliamentarians, judges and prosecutors, which have resulted in administrative penalties

and, where appropriate, referrals to the criminal investigation bodies. However, it calls on the authorities

to take the necessary steps to recruit and train the required number of staff and to adopt a

comprehensive strategy for the National Integrity Authority;

11.11. there have been other major changes to Moldovan legislation since July 2021, including

amendments to the Law on the declaration of assets and personal interests, the Law on the National

Anti-Corruption Centre, the law on company ownership with a view to ending offshore secrecy, as well

as the adoption of the Law establishing a mechanism of prosecution, trial and conviction in absentia;

11.12. the Assembly notes that steps have also been taken to tackle political corruption: parliament

plans to amend the Constitution to stipulate that parliamentary consent will no longer be required for the

detention, arrest, search and criminal prosecution of members of parliament for violations related to

passive or active corruption, influence peddling, abuse of power, illicit enrichment and money

laundering. The Assembly encourages the parliament to continue its efforts to tighten the rules on the

integrity of members of parliament and the regulations governing the funding of political parties and

election campaigns. It also encourages the authorities, in accordance with GRECO’s

recommendations, to continue to tackle corruption, which requires the involvement of all stakeholders.

12.

Where the protection of human rights is concerned:

12.1. the Assembly welcomes the meaningful and substantial progress made in the area of gender

equality, including women’s accession to high political positions, which is a source of inspiration for all

countries in the region;

12.2. the Assembly also commends the country for ratifying, on 31 January 2022, the Convention on

preventing and combating violence against women and domestic violence (CETS No. 210, “Istanbul

Convention”) and for adopting, on 17 November 2022, Law 316/2022 ensuring the rights of victims in

the case of crimes related to sexual life and family violence. In this respect, it notes with satisfaction the

amicus curiae brief

adopted by the Venice Commission in December 2021 and the subsequent

decision of the Moldovan Constitutional Court clearly reasserting that the Istanbul Convention does not

seek to impose a certain lifestyle or interfere with the personal organisation of private life, but seeks

only to prevent violence against women and domestic violence. The Assembly encourages the

authorities to continue their efforts to implement the Convention, bring their legislation into line with it

and adopt action plans on gender equality and on preventing and combating domestic violence and

violence against women;

12.3. in the field of the media, the Assembly notes a positive trend – in 2022, the country ranked 40th

(out of 180 countries) in the Reporters Without Borders’ World Press Freedom Index, compared to 89th

in 2021, despite a highly polarised environment. The Assembly welcomes the measures taken by the

Audiovisual Council to promote media pluralism and high-quality information and invites the authorities

to reinforce the fight against media concentration. It notes however that the amendment to the Code of

Audiovisual Media Services adopted in November 2021 also restored parliamentary control over the

Audiovisual Council and the public broadcaster, Teleradio-Moldova, which could raise questions about

the independence of these institutions. The Assembly refers in this respect to the judgment of the

European Court of Human Rights in the case of

Manole and Others v. Moldova

(2009) and calls on the

authorities to ensure that the Audiovisual Council’s independence and integrity are strengthened in

order to prevent undue political interference;

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Resolution 2484 (2023)

12.4. the Republic of Moldova is a multi-ethnic State. The Assembly commends the Moldovan people

for ensuring that national minorities continue to live together peacefully despite unrest in the region and

encourages the authorities to continue implementing the Framework Convention for the Protection of

National Minorities (ratified in 1996, ETS No. 157) and the Strategy on the Consolidation of Interethnic

Relations (2017-2027) “with a view to further developing a civic identity that is inclusive and firmly

based on respect for ethnic and linguistic diversity as an integral part of Moldovan society”, as

recommended by the

Committee of Ministers

in July 2021;

12.5. the Assembly also welcomes the discussions that have been initiated on how to promote the use

of minority languages in Moldovan public media and encourages the authorities to ratify the European

Charter for Regional or Minority Languages (ETS No. 148), which the country signed in 2002.

13. Regarding the situation in the Transnistrian region of the Republic of Moldova, the Assembly welcomes

the restrained attitude Chisinau and Tiraspol adopted at the beginning of the war in Ukraine by making an

appeal for calm. It calls on both sides to keep the lines of communication open, despite a tense situation

exacerbated by provocative statements by Russian officials and by the

de facto

authorities in Tiraspol.

14. The Assembly reiterates its readiness to support the efforts of the OSCE 5+2 (and 1+1) discussions

and the steps taken by the Moldovan authorities to strive for the protection of human rights in the region, in

particular through implementing the judgments of the European Court of Human Rights, taking confidence-

building measures and introducing the Council of Europe’s human rights standards. In this respect the

Assembly refers to the decision of the Committee of Ministers of 6-8 December 2022 concerning the violations

of the rights of children, parents and staff members of Latin-script schools during the periods 2002-2004 and

2013-2014 in the Transnistrian region of the Republic of Moldova. Ten years after the European Court of

Human Rights Catan judgment, the Assembly, joining the Committee of Ministers, regrets the lack of any form

of redress for the applicants and the continued failure of the Russian authorities to execute this judgment –

which remains its unconditional obligation under the Convention – and calls for its implementation. The

Assembly also reiterates its call on the Russian Federation to withdraw its troops from the Transnistrian region

of the Republic of Moldova, whose presence pose a threat to the security of the country.

15. In conclusion, the Assembly welcomes the reforms undertaken to consolidate the country’s democratic

institutions and recognises the difficulty and challenges involved, taking into account both the regional context

which threatens its external security and also the integrity and functioning of those democratic institutions. The

Assembly therefore calls on Council of Europe member States to provide humanitarian and financial

assistance and to support the efforts to bring about democratisation and promote the Organisation’s founding

values. The Assembly also calls on the Moldovan authorities, which have a stable parliamentary majority, to

ensure respect for the rule of law and inclusive democracy and to pursue reforms that are part of a clearly

expressed desire for European integration. It asks the authorities to continue their co-operation with the

Council of Europe, in particular to strengthen the independence of the judiciary and the public prosecution

service and to consolidate anti-corruption laws. The Assembly moreover encourages the authorities to pursue

and implement their reform agenda based on the Council of Europe standards so as to establish solid and

sustainable State institutions, which are a prerequisite for the good functioning of democratic institutions. The

successful continuation of this process would pave the way to a new phase of post-monitoring dialogue with

the country. In the meantime, the Assembly resolves to observe how the situation develops through its

monitoring procedure.

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Resolution 2485 (2023)

Provisional version

Emergence of lethal autonomous weapons systems (LAWS)

and their necessary apprehension through European human

rights law

Parliamentary Assembly

The Parliamentary Assembly notes that rapid technological progress in the field of artificial intelligence

is paving the way for the emergence, in the near future, of lethal autonomous weapons systems (LAWS).

According to the definition of the International Committee of the Red Cross (ICRC), the term LAWS

encompasses “Any weapon system with autonomy in its critical functions. That is, a weapon system that can

select (i.e. search for or detect, identify, track, select) and attack (i.e. use force against, neutralize, damage or

destroy) targets without human intervention.” LAWS, therefore, are neither remote-controlled systems in which

a human retains control throughout, nor automatic systems in which a particular process has been

programmed in advance so that their action is totally predictable.

The emergence of LAWS has prompted concern on the part of numerous States as well as civil society.

54 non-governmental organisations have launched a campaign in favour of a preventive prohibition of

research and development of these emerging technologies and, even more so, of the use of what they call

“Killer Robots”. This position of principle was adopted by the European Parliament in a resolution dated 12

September 2018.

The “arms race” logic implied in this field prompts some to see LAWS as the third military revolution in

the history of international relations, after the invention of gunpowder and that of nuclear weapons. Global

military powers which fail to invest in this technology would therefore risk being left behind.

LAWS carry the risk of lowering the threshold for engaging in conflict, by lowering the risk of a country's

own troop losses. LAWS also raise a fundamental issue of human dignity – allowing machines to “decide” to

kill a human being.

The conformity of LAWS with international humanitarian law hinges above all on the possibility, or not,

of complying with the principles of distinction, proportionality and precautions in attack.

6.1. The principle of distinction between civilian and military targets could be complied with by LAWS

that are well designed and programmed to execute surgical strikes aimed solely at military targets.

6.2. Judgement calls as to whether an attack satisfies the principle of proportionality are made on the

basis of values and interpretations of the particular situation rather than on numbers or technical

indicators. Making such judgements, which reflect ethical considerations, requires human judgement

which is unique. It is for this reason that at least a minimum degree of human control is indispensable.

6.3. To comply with the principle of precaution, the course of action taken by LAWS must be

predictable. Users must be capable of adjusting or nullifying the effects of the weapons systems if

necessary, something that is possible only if they can reasonably foresee how a weapons system will

react.

Assembly debate

on 27 January 2023 (9th sitting) (see

Doc. 15683,

report of the Committee on Legal Affairs and

Human Rights, rapporteur: Mr Damien Cottier). Text adopted by the Assembly on 27 January 2023 (9th sitting).

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Resolution 2485 (2023)

6.4. The conformity of LAWS with international human rights law, and notably with the European

Convention on Human Rights (ETS No. 5), depends on clear regulation of their use. Article 2 of the

Convention requires that the right to life be protected by law. This means that the State must introduce

a legal framework defining the limited circumstances in which the use of these weapons is authorised.

The case law of the European Court of Human Rights relates to other types of weapons. But the use of

LAWS should not be subject to standards that are any less strict.

From the viewpoint of international humanitarian law and human rights, regulation of the development

and above all of the use of LAWS is therefore indispensable. The crucial point is human control. Respect for

the rules of international humanitarian and human rights law can only be guaranteed by maintaining human

control, to degrees that vary according to the stances taken by States and other actors of the international

community. Several levels of human control may be envisaged: significant control, effective control or

appropriate levels of human judgement. Human control must be maintained over lethal weapons systems at

all stages of their life cycle.

7.1. Human control can be exercised at the development stage, including through technical design

and programming of the weapon system (ethics

by design):

decisions taken during the development

stage must ensure that the weapon system can be used in the intended or expected circumstances of

use, in accordance with international humanitarian law and other applicable international norms, in

particular the European Convention on Human Rights.

7.2. Human control may also be exerted at the point of activation, which involves the decision of the

commander or operator to use a particular weapon system for a particular purpose. This decision must

be based on sufficient knowledge and understanding of the weapon’s functioning in the given

circumstances to ensure that it will operate as intended and in accordance with international

humanitarian law and other applicable international norms. This knowledge must include adequate

situational awareness of the operational environment, especially in relation to the potential risks to

civilians and civilian property.

7.3. In order to ensure compliance with international humanitarian law and other applicable

international norms, it may be thought necessary to exert additional human control during the operation

stage, when the weapon autonomously selects and attacks targets. Human intervention may be

necessary in order to comply with the law and remedy shortcomings at the development stage and at

the point of activation.

Unlike humans, machines do not have feelings and are not moral agents. If a person commits a war

crime with an autonomous weapon, it is the human who commits the crime, using the autonomous weapon as

the tool. Humans must be not only legally accountable but also morally responsible for the actions of LAWS.

Some decisions pertaining to the use of weapons require legal and moral judgments, such as weighing likely

civilian casualties against military advantages from conducting attacks. These judgments must be endorsed

by humans since they are also moral judgments and have legal scope.

The relevant provisions of international humanitarian law imply that such weapons systems must not be

used if they are likely to cause superfluous injury or unnecessary suffering, or if they are inherently

indiscriminate, or if they are incapable of being used in accordance with law.

10. On the assumption that future LAWS meet all the legal requirements of the laws of war when they

operate normally, malfunctions of the system could cause an erroneous attack and thereby raise

accountability issues. It must be possible to establish legal responsibility in the event of a malfunctioning lethal

autonomous weapons system by analysing compliance with the requirement of adequate human control. It

should be possible to link unlawful actions committed by a lethal autonomous weapons system resulting in

violations of international humanitarian law and other international norms alternatively to the individual or

groups of individuals at the origin of its design, manufacturing or programming or its deployment and

ultimately to the user State. In this regard, the user State has a particular responsibility to test and verify in

advance the weapons it intends to use to ensure that they are predictable and reliable and not likely to commit

violations of international humanitarian law through error, malfunction or poor design, and to verify the

contexts in which their use is possible in accordance with law.

11. The Assembly notes that the questions of the compatibility of LAWS with IHL and human rights are

being discussed by States Parties to the Convention on Certain Conventional Weapons (CCW), which have

set up a Group of Governmental Experts (GGE). Working on the basis of the “11 Guiding Principles on LAWS”

adopted in 2019 and the Final Declaration of the 6

Review Conference of the States Parties to the CCW in

December 2021, that Group continues to seek a consensus on the future regulation of this emerging

technology.

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Resolution 2485 (2023)

12. At its July 2022 session, the GGE adopted a statement to the effect that it had reached agreement that

the right of parties to an armed conflict to choose the methods and means of warfare was not unlimited and

that international humanitarian law was also applicable to LAWS. Any violation of international law, including a

violation involving a lethal autonomous weapons system, incurred the responsibility under international law of

the State concerned. The Group further proposed extending its work into 2023.

13.

The Assembly notes that a group of European States has proposed a two-tier approach to the GGE:

13.1. Firstly, the States Parties to the CCW should recognise that LAWS which cannot be used in

conformity with international law, including international humanitarian law, are

de facto

banned; and

that, consequently, LAWS operating completely outside any human control and a responsible chain of

command are unlawful.

13.2. Secondly, agreement should be reached on the international regulation of other weapons

systems presenting elements of autonomy in order to guarantee conformity with international

humanitarian law by:

13.2.1. ensuring appropriate human control throughout the life cycle of the system in question;

13.2.2. maintaining human responsibility and the obligation of accountability at any time, in all

circumstances and throughout the life cycle, as the basis of the responsibility of the State and

that of the individual, which may never be transferred to machines;

13.2.3. implementing suitable measures to mitigate the risks and appropriate guarantees

regarding security and safety.

14. The Assembly supports this two-tier approach and considers that the emergence of LAWS requires

clear regulation of this technology to ensure respect for international humanitarian law and human rights and

that the appropriate forum to agree on the future regulation of LAWS is the Conference of States Parties to

the CCW and its GGE.

15. As to the legal form of such regulation, the goal should be a binding text in the form of a protocol to the

CCW or even a specific international convention.

16. Pending the emergence of the broad consensus needed to draw up such an instrument, a non-binding

instrument should be prepared in the form of a code of conduct. This instrument, which might be updated on a

regular basis, could codify the guiding principles that are already broadly recognised and highlight the good

practices adopted by given States Parties to the CCW.

17. The Assembly therefore calls on Council of Europe member States as well as observer States and

States whose parliaments enjoy observer or partner for democracy status with the Assembly to take a

constructive role in the discussions in progress within the CCW and its GGE with a view to regulating the

emergence of LAWS and to support the two-tier approach mentioned above.

18. Should no consensus emerge within a reasonable period of time for the elaboration of a code of

conduct and subsequently for the preparation and negotiation of an international agreement within the

meaning of paragraphs 14 and 15, or should such steps appear to have no chance of success, the Assembly

invites Council of Europe member States as well as observer States and States whose parliaments enjoy

observer or partner for democracy status with the Assembly to consider initiating such work at Council of

Europe level.

https://pace.coe.int

Resolution 2486 (2023)

Provisional version

Building the Open Council of Europe Academic Networks

(OCEAN)

Parliamentary Assembly

The globalisation of research and innovation has intensified over the last decade, particularly in terms

of collaborative research, technology development and mobility of researchers.

The Parliamentary Assembly firmly believes that universities and research institutes have a key role to

play in addressing Europe’s challenges, such as upholding the primacy of the rule of law, the fight against

corruption, the promotion of social rights, the end of gender-based violence, the need to address climate

change, the challenges of biomedicine and the integration of migrants.

The full implementation of the values and standards enshrined in the Council of Europe convention

system requires resources, strengths and talents of all sectors of civil society, including scholars, scientists,

schools, students, regional and local authorities, social workers as well as non-governmental organisations.

Apathy and disenchantment with these values and the rise of populism, nationalism and new ideas of

what constitutes “the people” and “the elites” create social conflicts and continue to challenge the realisation of

human rights in all European societies.

The Assembly is convinced that the impact and visibility of the Council of Europe must first and

foremost be measured on the ground. Only the wide sharing of common values by society can guarantee the

effective implementation of Council of Europe standards. Researchers, students, social workers, and local

authorities in various sectors can further embrace our shared values which in turn have an impact on their

work and daily lives. Everyone contributes because everyone benefits from the standards developed by the

Council of Europe.

The Assembly notes that European universities and research institutes are hitherto still a largely

untapped resource for the promotion of the Council of Europe convention system. They remain the drivers of

innovation and creative thinking and can be considered a universal heritage; they produce skilled human

capital, including the next generation of European policy makers, facilitate policy discussions and drive

change.

Universities have the potential of strengthening their role as human rights, democracy and rule of law

incubators and of creating a fertile ground to support the implementation of the European Convention on

Human Rights (ETS No. 5) and all other Council of Europe conventions. Their capacity of mobilising the

collective intelligence of civil society at all levels should be reinforced.

The Assembly therefore welcomes the Open Council of Europe Academic Networks (OCEAN) initiative

which aims at strengthening co-operation between the Council of Europe and universities and research

institutions in a mutually enriching interaction.

Assembly debate

on 27 January 2023 (9th sitting) (see

Doc. 15675,

report of the Committee on Culture, Science,

Education and Media, rapporteur: Ms Marta Grande).

Text adopted by the Assembly

on 27 January 2023 (9th sitting).

https://pace.coe.int

ERD, Alm.del - 2022-23 (2. samling) - Bilag 4: PACE Compilation of texts adopted at the 1st part session - 23-27 January 2023

Resolution 2486 (2023)

It wishes to praise the work of two existing networks which are already working on key priorities, namely

the Academic Network on the European Social Charter and Social Rights (ANESC), set up in 2006 at Council

of Europe level, and the Italian “Universities in network against gender violence” (UN.I.RE) network, set up in

2019 and entirely funded by the Italian Government. These can serve as a model for future thematic networks

working on other Council of Europe conventions, such as the Convention for the Protection of Human Rights

and Dignity of the Human Being with regard to the Application of Biology and Medicine (ETS No. 164, Oviedo

Convention) and the Conventions under the Enlarged Agreement on the Group of States against Corruption

(GRECO).

10.

In the light of the above, the Assembly calls on all Council of Europe member States to:

10.1. recognise the role universities and research institutes have, and should be able to play, in

upholding Council of Europe values and entrenching them in the social fabric, and in facilitating the

implementation of Council of Europe conventions and building greater unity between all member

States;

10.2. raise awareness among universities and research institutes about the OCEAN initiative, via

Ministries of Universities and Research, with a view to setting up national thematic networks, supported

by an appropriate legal structure, or joining existing ones;

10.3. provide adequate financial support to such networks and encourage universities and research

institutes to make available funds that are earmarked for the professional travel of academic staff and to

the contribution of their expertise and work time;

10.4. consider making voluntary contributions to support the OCEAN initiative at European level,

following the example of the Italian Government, with a view to strengthening expertise and capacity

building, and contributing to the exchange of information, data, researchers, curricula and experiences

at European and international level, also through international conferences, joint degrees, PhDs. or

other research programmes;

10.5. in line with

Resolution 2352

and

Recommendation 2189 (2020)

“Threats to academic freedom

and autonomy of higher education institutions in Europe”, pay special attention to integrate the

assessment of academic freedom into the OCEAN initiative, providing a framework for regular

evaluation and dialogue;

10.6. closely co-ordinate with the European Higher Education Area (EHEA) members, also in the

framework of its Task Force on Enhancing Knowledge Sharing in the EHEA community.

11. The Assembly also calls on the European Union to consider supporting financially the OCEAN initiative

thereby sending a strong political signal, in particular with regard to the conventions which it has signed.

12. The Assembly stresses that parliamentarians may benefit from the expertise of the academia when it

comes to scrutinise draft legislation against Council of Europe convention standards and oversee their

governments’ action in the implementation of the judgements of the European Court of Human Rights.

Therefore, the Assembly also encourages national parliaments of all Council of Europe member States to:

12.1. contribute to the efforts to recruit universities, research institutes and individual academics, who

are already providing expertise to relevant parliamentary committees;

12.2. organise parliamentary hearings with the participation of representatives of the academic world

and relevant Council of Europe experts to encourage the creation of national thematic academic

networks, under the OCEAN umbrella.