Motion for a resolution | Doc. 13421 | 04 February 2014

Clear definition of the criteria of political persecution

Signatories: Mr Gediminas JAKAVONIS, Lithuania, ALDE ; Mr Pedro AGRAMUNT, Spain, EPP/CD ; Mr Christian BARILARO, Monaco, ALDE ; Ms Lolita ČIGĀNE, Latvia, EPP/CD ; Mr Boriss CILEVIČS, Latvia, SOC ; Mr Tamás GAUDI NAGY, Hungary, NR ; Mr Valeriu GHILETCHI, Republic of Moldova, EPP/CD ; Mr Petras GRAŽULIS, Lithuania, NR ; Mr Andreas GROSS, Switzerland, SOC ; Ms Ana GUŢU, Republic of Moldova, ALDE ; Mr Valeri JABLIANOV, Bulgaria, SOC ; Ms Stella JANTUAN, Republic of Moldova, SOC ; Mr Tedo JAPARIDZE, Georgia, SOC ; Mr Tiny KOX, Netherlands, UEL ; Ms Meritxell MATEU PI, Andorra, ALDE ; Sir Alan MEALE, United Kingdom, SOC ; Mr Alexey PUSHKOV, Russian Federation, EDG ; Mr Stefan SCHENNACH, Austria, SOC ; Mr Robert SHLEGEL, Russian Federation, EDG ; Ms Nataša VUČKOVIĆ, Serbia, SOC ; Mr Jordi XUCLÀ, Spain, ALDE

This motion has not been discussed in the Assembly and commits only those who have signed it.

Despite the fact that all members of the Parliamentary Assembly publicly recognise the rule of law, respect for human rights and upholding of the principles of democracy, sometimes the perception of such values on the national level is radically different in different countries and even different from the principles advocated by the Parliamentary Assembly, while those values are interpreted very freely, depending on the political context.

Although the Assembly already adopted Resolution 1950 (2013) “Keeping political and criminal responsibility separate”, it did not take into account the fact that in some member States, particularly in post-Soviet countries, the perception of political persecution is increasingly being used, governments of member States, courts and law enforcement agencies interpret the principles of human rights, democracy and the rule of law very freely, legal immunity of politicians sometimes becomes an instrument of political games which is not quite transparent in nature, and litigation related to politicians often casts doubt concerning their impartiality and transparency.

The Assembly should therefore call:

• for the establishment of clear criteria for political persecution, which would allow any such persecution involving politicians to be transparent, fair, legitimate and objective;
• for the development of an appropriate monitoring mechanism to monitor and control the values promoted by the Assembly.