Dáil Éireann debate -
Tuesday, 6 Feb 1996

Vol. 461 No. 1

Written Answers - Russia's Membership of Council of Europe.

Eric J. Byrne

Question:

28 Mr. E. Byrne asked the Tánaiste and Minister for Foreign Affairs the steps, if any, the Council of Europe intends taking to force Russia to comply with internationally accepted human rights standards following that country's accession to the Council of Europe; the role, if any, he sees the Council of Europe playing in the further development of democracy and fundamental human rights in Europe; the sanctions, if any, that are available to the Council for use against members not complying with such standards; and if he will make a statement on the matter. [2409/96]

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

The Parliamentary Assembly of the Council of Europe on 25 January recommended that the Committee of Ministers invite the Russian Federation to become a member of the Council of Europe. It is expected that the Committee of Ministers will take its decision at an early date.

The Russian Federation has taken part in activities of the Council of Europe since 1992 — through its participation in intergovernmental "cooperation and assistance" programmes notably in the fields of legal reform and human rights and through the participation of its "special guest delegation" in the work of the Parliamentary Assembly and its committees.

The Council of Europe has agreed with Russia a wide range of commitments, the widest range undertaken by any applicant state. Most importantly, Russia will sign the European Convention on Human Rights at the moment of accession and will ratify the Convention within a year. This will include recognising the right of individual application to the European Commission and the compulsory jurisdiction of the European Court. Individuals in Russia who consider that there has been a violation of their human rights will thus be able to take proceedings against their government. The judgment of the court will be binding and its execution will be supervised by the Committee of Ministers. This will be the first time that Russia has laid itself open to such a judicial procedure, a procedure which has proved to be of great benefit to the citizens of the longer established democracies not least our own.

In addition, Russia has given a commitment to sign within one year, and ratify within three years, Protocol No. 6 on the abolition of the death penalty in time of peace and, until this enters into force, to place a moratorium on executions.

Russia has also given a commitment to sign and ratify within a year from accession the Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment. The supervisory mechanism established by this convention aims at preventing violations, in particular, torture and ill-treatment, by a system of visits to places of detention. In total Russia has made 20 specific commitments, a list of which I will make available in the Dáil Library.

The Parliamentary Assembly has established a detailed mechanism for monitoring the commitments of new member states, the so-called Halonen-Columberg Order and this will be applied to the Russian Federation. This order instructs the Assembly's Political Affairs Committee and the Committee on Legal Affairs and Human Rights to monitor closely the honouring of commitments undertaken and to report to the Assembly at regular six monthly intervals. The report should include a draft resolution in which clear proposals are made for the improvement of the shortcomings in the country in question. The monitoring process will continue until all undertakings have been honoured.

As regards the sanctions available against member states, the most important is, as I have said, the right of individuals in Russia to take their government to the European Court of Human Rights. It is, of course, open to another state or a group of states to take a case against a member state if it is considered that the state in question is breaching the European Convention on Human Rights. The ultimate sanction remains the explusion of a member state by a decision of the Committee of Ministers, which is provided for under Article 8 of the Statute of the Council of Europe.

The Council of Europe has more than 40 years experience in creating human rights instruments and mechanisms which have contributed greatly to the development of democracy in Europe. During the past number of years the Council of Europe has provided expert assistance with the drafting of constitutions and legislation in the newly democratic countries of Central and Eastern Europe, and provided assistance in the training of judges and lawyers. This work will continue as long as it remains necessary.