Professor of European law Michel Waelbroeck and international affairs expert Willem Alsderhoff argue that under no circumstances should political sanctions be lifted on Russia in PACE under the Trojan horse pretext of "reforming PACE rules of procedure" without rectifying the reasons why they were applied in the first place.
The origin of the problem
After Russia’s aggressions in Crimea and eastern Ukraine, PACE decided to suspend the Russian delegation’s right to vote, its right to be represented on the Bureau, the Presidential Committee and the Standing Committee and its right to participate in election observation missions. PACE was careful not to suspend the Russian delegation’s credentials, considering that “political dialogue should remain the most privileged way to find a compromise.” Instead of accepting this invitation, the Russian delegation withdrew completely and failed to submit credentials for subsequent sessions. Contacts were established shortly afterwards between a CoE delegation headed by then President Pedro Agramunt and the chairperson of the Russian Federation Council (i.e. Senate) Valentina Matviyenko in which the head of the CoE delegation stated that without Russia PACE felt “lonely” (odinoki) and that Russia “must” (dolzhna) participate fully in its activities. Although they were responsible for the situation, the Russians seized the opportunity thus offered but subordinated their return to the elimination of the possibility of sanctioning delegates in a similar manner in the future. They also demanded that there should be no more monitoring of individual CoE members but only thematic monitoring. It is therefore clear that, although the report of the Ad hoc Committee makes no mention of Russia, that country is behind the proposal now being discussed to weaken the existing sanctions regime.The sanctions imposed on the Russian delegation is justified by Russia’s behaviour
As is evident, the annexation of Crimea and the active support given to the secessionists in eastern Ukraine constitute serious violations of the basic principles of the CoE within the meaning of PACE Rule 8.2.a). These actions were approved by both chambers of the Russian Parliament.Moreover, Russia failed to honour many of the commitments it entered into upon joining the CoE, thus further justifying a sanction under Rule 8.2 b):
- Russia committed to ratify the European Convention on Human Rights (ECHR). Formally, it complied with this requirement.
- Russia committed to ratify several protocols to the ECHR, including Protocol No 6 on the abolition of the death penalty.
- Russia committed to settle international and internal disputes by peaceful means, and not to use or threaten the use of force against its neighbours. It committed to denounce as wrong the concept of two different categories of foreign countries, whereby some are treated as a zone of special influence called the “near abroad”. As part of this commitment, it committed to withdraw its troops from Transnistria, a breakaway province of Moldavia.
- The State Duma adopted restrictive laws, including amendments to the law on defamation, the law on information, the law on NGO’s, and the law on assemblies, which PACE considered “potentially regressive in terms of democratic development.”
- As PACE pointed out, the Russian judiciary is not independent. It remains subject to political pressure as evidenced inter alia by the imprisonment of Mikhail Khodorkovsky and of the Pussy Riots. Authors of politically motivated murders are not brought to justice (cf the cases of Sergei Magnitsky and of Vera Trifonova) ; the same applies to perpetrators of numerous other cases of murder, abduction and torture in the North Caucasus.
PACE showed a truly extraordinary degree of indulgence with respect to Russia. The events in Crimea and eastern Ukraine are not isolated incidents but the culmination of a long series of violations by Russia. PACE’s reaction in sanctioning the Russian delegation for its implication in these events was by no means excessive.
The PACE sanctions mechanism should not be weakened
Ever since the establishment of the CoE, PACE has played a paramount role in affirming the spiritual and moral values which are the common heritage of the peoples of Europe. Composed of delegates elected by the parliaments of the member States, it enables these delegates to express their opinion collectively on matters which their governments often prefer not to raise for reasons of diplomatic courtesy. It truly represents the “conscience” of Europe. PACE’s power to challenge delegates’ credentials is the only means at its disposal to sanction delegates who fail to observe the basic principles of the CoE or the commitments entered into by their country.If this power were abolished or curtailed, the CoE would no longer be able to fulfil its mission.
The CoE must not regress into a mere talking-shop adopting reports and resolutions without concrete effect.
Conclusion
History will judge harshly those who give in to blackmail from undemocratic societies where a corrupt few rule the population, take the law in their own hands and reserve for themselves the right to grant or deny their citizens protection against abuses. Citizens across the European continent, from north to south and from west to east, will show no understanding for such behaviour from those elected to protect Europe’s most fundamental values.
Michel Waelbroeck is Professor of European law, ULB, Honorary Member of the Brussels bar, Emeritus Member of the Institute of International Law

Willem Aldershoff is Former Head of Unit, European Commission, Analyst International Affairs, Brussels
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