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Proposal for Skopje Spring Congress 2020 03 - 05 April 2020

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Submitted at Thursday, 5. March 2020 um 22:01 Uhr, in category "Chapter 9 – External Relations and Foreign Affairs" with No. 903. Author/s: "European Youth of Ukraine, Jonge Democraten, Junge Liberale, JNC, JUNOS.

The Skopje Spring Congress 2020 may decide:

Resolution on General Situation in Crimea

Considering that: 

  • whereas the Russian Federation, under the obligation of the Universal Declaration of Human Rights and the European Convention on Human Rights, and as a full member of the Council of Europe and the Organisation for Security and Cooperation in Europe, has committed itself to the principles of democracy, rule of law and respect for fundamental freedoms and human rights;

  • whereas the Russian authorities and political leadership continue their repressive and authoritarian regime against their own citizens, civil society, political opposition and media workers;

  • whereas the Russian Federation continues its aggressive actions and gross violations of the UN Charter and fundamental norms and principles of international law, temporary occupation of the Crimean Peninsula, blatant infringements on human rights and open military aggression in Donbas;

  • whereas use of torture and cruel and degrading treatment has been reported in various cases; whereas these allegations have not been adequately investigated to date; whereas torture has been used to obtain confessions and support false evidence of guilt; whereas Crimean lawyers who provide legal assistance to victims, human rights defenders who report cases of politically motivated enforced disappearance in Crimea and journalists who report on the situation of the Crimean Tatars have also been targeted;

  • whereas many of the prisoners and detainees have faced and are facing harsh and inhumane conditions in prisons, causing physical and psychological risks to their health; whereas prisoners urgently require medical attention and treatment;

  • whereas according to the OHCHR reports Russia conducts house searches and subsequently arrests people, most of whom are Crimean Tatar activists and who now face unlawful prison terms; 

Endorses:

  • the PACE Resolution 2133 (2016) on legal remedies for human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities; the United Nations General Assembly Resolution 68/262; the United Nations General Assembly Resolution A/RES/74/17 on Problem of the militarization of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, as well as parts of the Black Sea and the Sea of Azov; European Parliament resolution of 18 July 2019 on Russia, notably the situation of environmental activists and Ukrainian political prisoners; the OHCHR report of 12 December 2019;

Concerned that:

  • Since 2014, Russia has been preventing Ukraine from using its natural resources from its own marine areas, including fisheries and vast oil and gas reserves;

  • the Russian Federation ignores judgements of International tribunal for the law of the sea;

  • Russia caused environmental damage and damage to international shipping, including the illegal construction of the Kerch Bridge, the unlawful stoppage of ships, and the seizure of Ukrainian drilling rigs;

  • more than 20 cases were started against journalists, 11 of them are criminal, which have signs of politically motivated persecution for freedom of speech;

  • there have reportedly been 47 cases of arbitrary detentions and 8 cases of use of tortures;

  • human rights defenders have been systematically recording illegal blockade of Ukrainian online media and FM radio stations in Crimea over the last few years;

  • systematic human rights violations committed by the Russian occupation authorities and continuous pressure on Ukrainian citizens to change their nationality by obtaining Russian passports in Crimea ;

  • closing or changing status of the Ukrainian and Crimean Tatar language-based schools on the territory of the temporarily occupied Crimean Peninsula  is a violation of universal human rights;

Alarmed: 

  • that political prisoners are being held in prisons regardless numerous appeals of the international community;

LYMEC therefore calls on:

  • the Russian Federation to end its occupation of the Autonomous Republic of Crimea and the city of Sevastopol and fully comply with the demands of the UN General Assembly resolutions 68/262 and 71/205;

  • the Russian authorities to release immediately and unconditionally all illegally and arbitrarily detained Ukrainian citizens, both in Russia and in the temporarily occupied territories of Ukraine, and to provide for their safe return, including Crimean Tatars;

  • Russia to publish a full list of prisoners held in occupied Ukrainian territories in Donbas and Luhansk and to facilitate their contact with families and lawyers;

  • Reassuring the condemnation on Russia’s continued violations of fundamental principles and norms of international law, particularly its refusal to comply with the decisions of international tribunals and courts urges the Russian Federation to implement the decisions of the European Court of Human Rights on the violation of the human rights of persons detained in the Crimean peninsula and in the Russian Federation;

  • Russia to guarantee an effective and non-discriminatory investigation into all allegations of ill-treatment, torture, kidnapping in Crimea, ensure the right to self-expression, peaceful assembly and association, freedom of thought, conscience and religion - for any person or group of people in Crimea;

  • the Russian Federation to guarantee unhindered access to the occupied Ukrainian territories of Crimea and Donbas for international intergovernmental organisations, in particular, the UN Human Rights Monitoring Mission, the OSCE Human Rights Assessment Mission on Crimea, the Council of Europe Commissioner for Human Rights, other conventions and institutional mechanisms of the Council of Europe, and international humanitarian organisations, in particular the International Committee of the Red Cross, according to the UN General Assembly resolutions №71/205, 72/190 та 73/263;

  • the Russian authorities to ensure full cooperation with UN Special Procedures, including by extending invitations to visit the country to the Special Rapporteur on human rights and the environment, the Special Rapporteur on the situation of human rights defenders and the Special Representative on the rights to freedom of peaceful assembly and of association, so that they may report on the situation of environmental and human rights defenders;

LYMEC further:

  •  emphasises that Russian courts, whether military or civilian, are not entitled to rule on acts committed outside the internationally recognised territory of Russia, and points out that judicial proceedings in such cases cannot be regarded as legitimate;

  • proposes that the European Union should further consider introducing permanent monitoring of the trials of victims of political persecution in the Russian Federation and occupied Crimea, and calls for the EU delegation to Russia and the embassies of the Member States to continue monitoring and attending the trials of human rights activists and Ukrainian political prisoners, and to organise missions involving independent physicians for Ukrainian citizens detained for political reasons in the Russian Federation and the occupied Crimea in order to monitor their detention conditions and state of health;

  • expect the continuation of sanctions pressure on the Russian Federation by the EU until the full  deoccupation of the Crimean Peninsula and the restoration of Ukraine's territorial integrity, namely prolongation of the restrictive measures introduced in response to the illegal annexation of Crimea and Sevastopol by Russia;

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