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Don’t let Russia leave the Council of Europe

Those who wish to punish the Kremlin for its aggressive actions in Ukraine and elsewhere are missing the target: it is not the Russian government, but the Russian public who will suffer if the country leaves the Council of Europe. 

Konstantin Baranov Yuri Dzhibladze
13 December 2018
Bundesarchiv_B_145_Bild-F023908-0002,_Straßburg,_Tagung_des_Europarates.jpg

Session of the Council of Europe's Parliamentary Assembly in the former House of Europe in Strasbourg, 1967. CC BY-SA 3.0 Wikipedia / Bundesarchive / Engelbert Reineke. Some rights reserved. After the Kerch Strait incident, proponents of pushing Russia out of the Council of Europe seem to have got additional justification for their position in a discussion that rages in the Council’s Parliamentary Assembly (PACE). In fact, the potential costs of this departure appear to be too high and far-reaching – not only for the Russian society, but for the whole of Europe.

More than four years since its delegation has been deprived of voting and participation rights in the PACE, Russia is now a step away from leaving the Council of Europe – either at its own initiative or as a result of expulsion for non-payment of its membership fees. In recent months, the situation has reached a deadlock due to an uncompromising position of both the Russian authorities and their critics in the PACE. 

Those who wish to punish the Kremlin for its aggressive actions in Ukraine and elsewhere miss the target: it is not the Russian government, but the Russian public who would suffer the most, should the country leave the Council of Europe. Since 1996, when Russia joined the organisation, for millions living in the country (including nationals of other states), the European Court of Human Rights (ECtHR) has been an ultimate hope for justice, which they cannot find in Russia. In this period, almost 2,500 judgements have been delivered to Russia. In 2017 alone, the state paid over 14.5 million euros as just satisfaction to victims. The judgments have had a significant positive impact on Russian laws and judicial practice, despite their implementation being far from ideal and counting to roughly one-third of cases. Should Russia depart from the Council of Europe, the scope of human rights problems in the country will grow exponentially, including a threat of speedy reinstatement of the death penalty.

The potential consequences would go far beyond the deterioration of the internal situation. This move would not resolve the issue of the annexed Crimea or put an end to the armed conflict in Donbass. On the contrary, expelling the violating country would demonstrate the weakness of the European system of protection of human rights and the rule of law in dealing with such gross violations.

What is more, Russia’s withdrawal would definitely worsen conditions of citizens of Ukraine and other countries who are held in Russian prisons and face unfair trials, torture and inhuman and degrading treatment. It would also result in a denial of the protection of the European Convention on Human Rights (ECHR) to inhabitants of Russia-controlled Crimea. It would eliminate effective guarantees from deportation for refugees and asylum seekers from Syria, Afghanistan and Central Asia. Finally, the practice of expulsion of a member state might trigger other countries to leave the Council and deter Belarus from returning to a special observer’s status at the PACE. 

Politicians should assume full responsibility for making the choice that may define Europe’s future and work towards a solution that would preserve the common European legal framework and space for critical dialogue aimed at promoting human rights, democracy and the rule of law on the entire territory of Europe, including Russia. 

We do not demand to "give in to blackmailing". Lifting all restrictions on the Russian delegation in the PACE would be indeed unprincipled. However, finding a reasonable solution, in our view, would be a courageous decision to take responsibility and to advance the core values of the organisation by allowing the critical dialogue to continue. Amending the PACE rules of procedure – restricting national delegations’ rights only within the Assembly itself and not depriving them of the voting rights in elections of non-PACE mandates – including ECtHR judges, Commissioner for Human Rights and Secretary General – appears such a legally sound and reasonable solution. 

Threats by Russian officials to leave the Council of Europe are not just a bluff to raise the bargaining stakes. There are many influential people in the Russian political establishment in favour of isolationist policies who actually want the country to withdraw. If a reasonable solution is not found before next spring, Russia’s authorities will not wait for the official discussion of its potential expulsion at the Committee of Ministers in June 2019 and will announce the withdrawal from the Council before. 

It should be clear to everyone: Russia’s departure from the Council of Europe would not stop human rights violations and halt the authoritarian backslide in our country, or prevent the Kremlin’s aggressive behaviour in the international arena. Instead, it would put an end to a difficult struggle of Russian civil society to make Russia an important part of Europe on the basis of shared norms and values of democracy, rule of law and respect for human rights. It will turn a large territory in Europe into a legal "grey zone" for decades to come.

 

The authors represent a group of Russian human rights defenders who recently issued a Memorandum on the crisis in relations between the Council of Europe and the Russian Federation.

 

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