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04/25/2001 | Broker
European democracy under attack from economic crime: Assembly call for urgent measures
Strasbourg, 24.04.2001 – The Council of Europe Parliamentary Assembly today urged concerted European action to fight economic and transnational organised crime, saying that the situation is worsening.
The parliamentarians debated a report by Vera Squarcialupi (Italy, SOC), stressing that economic crime – becoming more international, financially powerful and technologically refined – is capable of infiltrating democratic institutions and undermining democracy, the rule of law and stability on the continent. The day when all this translates into political influence, Europe’s capability and will to fight it may wane and the battle be lost, the Assembly said.
It believed that urgent agreement between Council of Europe member states was needed on common principles by which state institutions can repulse pressure from economic crime in its many forms, including trafficking in human beings, bribery and influence trading, money laundering, illicit drug and other contraband smuggling, environmental crime, counterfeiting, tax fraud and cyber-crime.
The Assembly asked the Council’s Committee of Ministers to adopt guiding principles in the fight against organised crime and guidelines against corruption in the funding of political parties and electoral campaigns, to boost cooperation within the Council’s Group of States against Corruption (GRECO), and to continue supporting the Octopus project against corruption and organised crime in central and eastern Europe. The Committee was also asked to elaborate a text against tax evasion, drawing on the EU’s work, and a convention on cross-border application of modern investigative techniques, also covering witness protection, to improve cross-border police and judicial cooperation in economic crime cases.
Member countries were called upon to outlaw any acts relating to trafficking in human beings, ensure coordination in investigating, prosecuting and extraditing the traffickers and use their confiscated profits for programmes to protect victims of trafficking.
The parliamentarians welcomed the activities of the Financial Action Task Force on Money Laundering and the Council’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures, and said that the Council’s 1990 convention against money laundering needs revision to take into account the changing realities. They called on Council of Europe member states to become parties to a number of international texts, including the UN Convention against Transnational Organised Crime and its protocols, the OECD Convention on Combating Bribery of Foreign Public Officials, the Council of Europe’s criminal law and civil law conventions on corruption, as well as its conventions on civil liability for damage resulting from activities dangerous to the environment and on the protection of the environment through criminal law.
Strasbourg, 24.04.2001 – The Council of Europe Parliamentary Assembly today urged concerted European action to fight economic and transnational organised crime, saying that the situation is worsening.
The parliamentarians debated a report by Vera Squarcialupi (Italy, SOC), stressing that economic crime – becoming more international, financially powerful and technologically refined – is capable of infiltrating democratic institutions and undermining democracy, the rule of law and stability on the continent. The day when all this translates into political influence, Europe’s capability and will to fight it may wane and the battle be lost, the Assembly said.
It believed that urgent agreement between Council of Europe member states was needed on common principles by which state institutions can repulse pressure from economic crime in its many forms, including trafficking in human beings, bribery and influence trading, money laundering, illicit drug and other contraband smuggling, environmental crime, counterfeiting, tax fraud and cyber-crime.
The Assembly asked the Council’s Committee of Ministers to adopt guiding principles in the fight against organised crime and guidelines against corruption in the funding of political parties and electoral campaigns, to boost cooperation within the Council’s Group of States against Corruption (GRECO), and to continue supporting the Octopus project against corruption and organised crime in central and eastern Europe. The Committee was also asked to elaborate a text against tax evasion, drawing on the EU’s work, and a convention on cross-border application of modern investigative techniques, also covering witness protection, to improve cross-border police and judicial cooperation in economic crime cases.
Member countries were called upon to outlaw any acts relating to trafficking in human beings, ensure coordination in investigating, prosecuting and extraditing the traffickers and use their confiscated profits for programmes to protect victims of trafficking.
The parliamentarians welcomed the activities of the Financial Action Task Force on Money Laundering and the Council’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures, and said that the Council’s 1990 convention against money laundering needs revision to take into account the changing realities. They called on Council of Europe member states to become parties to a number of international texts, including the UN Convention against Transnational Organised Crime and its protocols, the OECD Convention on Combating Bribery of Foreign Public Officials, the Council of Europe’s criminal law and civil law conventions on corruption, as well as its conventions on civil liability for damage resulting from activities dangerous to the environment and on the protection of the environment through criminal law.
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2001.04.25 | Broker
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Assembly denounces serious attacks on media freedom of expression in greater EuropeStrasbourg, 24.04.2001 – The Council of Europe Parliamentary Assembly today denounced serious and unacceptable breaches by many European countries of the media’s freedom of expression and information, despite their commitment as members of the Organisation to ensuring respect for freedom of opinion.
The weapons used to muzzle journalists and the media include censorship, the use of libel laws, the arbitrary closure of media operations, police searches, administrative harassment and excessive fines – amounting in Ukraine, for example, to three times budget. The result, according to the Assembly, is that the media can no longer fulfil their role as watchdogs for society.
The Assembly observed that journalists continue to pay with their lives for doing their jobs by trying to denounce corruption, financial scandals, drug-trafficking, terrorism and ethnic conflict. A report by Hungarian socialist MP Gyula Hegyi is sharply critical of "Azerbaijan, Turkey, Ukraine and Russia, where the greatest number of journalists have been subject to physical aggression". The report notes that more than 120 journalists have been killed in Russia since the end of 1991.
The Assembly announced its concern over the forceful seizure of the only independent nationwide TV channel NTV, the closure of the newspaper "Segodnya" and sacking of the journalists of the "Itogy" magazine. The attacks on freedom of expression and mass media in Russia, undertaken with the participation of the authorities run counter to the basic principles of the Council of Europe and constitute a significant violation of Article 10 of the European Convention on Human Rights.
The report notes that the new challenges confronting the media in a globalising market include press concentration and a predilection for better-selling sensationalist news at the expense of quality journalism.
The Assembly called for a number of legislative and other measures to assist governments to ensure respect for freedom of expression. Its members insisted that freedom of expression and information is and remains a major challenge for democracy in Europe. For this reason, the Council of Europe must "bring moral and political pressure to bear on governments which contravene freedom of expression".
2001.04.25 | Broker
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UKRAINEAS/Mon (2001) 08 Part II rev Amondoc08_2001R Part II
6 April 2001
DRAFT RESOLUTION AND DRAFT RECOMMENDATION
Committee on the Honouring of Obligations and Commitments by Member States of the Council Of Europe (Monitoring Committee)
co-rapporteurs: Mrs Hanne SEVERINSEN (LDR, Denmark) Mrs Renate WOHLWEND (EPP/CD, Liechtenstein)
I. Draft resolution
The Assembly refers to its Resolutions 1179 (1999), 1194 (1999) and 1239 (2001) and its Recommendations 1395 (1999), 1416 (1999), 1451 (2000) and 1497 (2001) on the honouring of obligations and commitments by Ukraine.
Notwithstanding a few positive steps taken by the Ukrainian authorities, notably the ratification on 4 April 2000 of Protocol No. 6 to the European Convention on Human Rights, following the ruling of the Ukrainian Constitutional Court that the death penalty is unconstitutional, the Assembly considers that the President, the Government and the Parliament (Rada) of Ukraine have failed to honour the commitments and obligations of Ukraine as a member State of the Council of Europe.
In this respect, the Assembly recalls the firm commitment of the Ukrainian delegation and the leaders of the parties and factions of the Rada that the commitments of Ukraine in the legislative field and listed by the Assembly in its Opinion 190 (1995), will now be fulfilled. These commitments include:
a framework act on the legal policy of Ukraine for the protection of human rights,
a framework act on legal and judicial reform,
a new criminal code and code of criminal procedure,
a new civil code and code of civil procedure,
a new law on political parties,
tranformation of the role and functions of the Prosecutor's office.
Furthermore Ukraine should finalise the interrupted ratification process of the European Charter for Regional or Minority Languages and to ensure adequate protection for all minority groups in Ukraine.
The Assembly is concerned by murders of journalists, repeated aggression against and continuing intimidation of journalists, members of parliament and opposition politicians in Ukraine, and the frequent and serious abuses of power by the Ukrainian executive authorities in respect of freedom of expression and of assembly.
Therefore the Assembly urges the Ukrainian authorities, notably the President, to put an end to the practice of intimidation and repression of opposition politicians and the independent press, and to take all necessary measures to discourage and curb attacks and threats against journalists and other media representatives. Moreover, it repeats its call on the relevant Ukrainian authorities to improve the general framework in which the media operate, as it is set out in paragraph 5 of Resolution 1239 (2001):
speedy and transparent investigation into all cases of violence and death of journalists;
immediate abolishment of regulations and practices allowing out-of-court closure media outlets and termination of broadcasting;
adoption without any further delay of amendments to the legislation concerning fines or damages for libel and decriminalisation of libel;
amending the Law on the National Television and Broadcasting Council in line with the expertise provided by the Council of Europe;
creation of equal conditions for the functioning of all media, namely by amending the 1997 Act on Government Support for the Media and Social Protection of Journalists;
stopping practices of pressure on the media through the leverages of printing and distribution;
promotion of public service broadcasting;
ratifying the European Convention on Transfrontier Television.
The Assembly believes that only the respect of human rights, pluralist democracy and the rule of law, notably due legal procedures, genuine freedom of the press, of expression and of assembly without fear of reprisals - combined with a serious political dialogue - can help lead Ukraine out of the current political crisis. It calls on all parties involved in the crisis - political parties, parliamentary and extra-parliamentary opposition and President - to assume their responsibilities and to engage in a meaningful political dialogue without delay but in full respect of each other's democratic prerogatives.
The Assembly also expresses strong support for attempts to reform the political process and strengthen civil society, to establish a genuine separation of and balance between executive, legislative and judicial powers, as well as a truly open, honest and accountable system of government.
The Assembly regrets that hitherto its previous Resolutions, in particular Resolutions 1194 (1999) and 1239 (2001), have apparently not convinced the Ukrainian authorities of the need to take without delay a number of measures to meet Ukraine's obligations and commitments as a member State. In accordance with its Resolution 1194 (1999) the Assembly decides:
to start the procedure to exclude Ukraine from membership of the Council of Europe;
to recommend that the Committee of Ministers take the statutory steps to exclude Ukraine from membership of the Council of Europe.
II. Draft recommendation
The Assembly refers to its Resolutions 1179 (1999), 1194 (1999), 1239 (2001) and its Resolution ….. (2001) and its Recommendations 1395 (1999), 1416 (1999), 1451 (2000) and 1497 (2001) on the honouring of obligations and commitments by Ukraine.
Notwithstanding a few positive steps taken by the Ukrainian authorities, notably the ratification on 4 April 2000 of Protocol No. 6 to the European Convention on Human Rights, following the ruling of the Ukrainian Constitutional Court that the death penalty is unconstitutional, the Assembly considers that the President, the Government and the Parliament (Rada) of Ukraine have failed to implement the commitments and obligations of Ukraine as a a member State of the Council of Europe.
In this respect, the Assembly recalls the firm commitment of the Ukrainian delegation and the leaders of the parties and factions of the Rada that the commitments of Ukraine in the legislative field and listed by the Assembly in its Opinion 190 (1995), will now be fulfilled. These commitments include:
a framework act on the legal policy of Ukraine for the protection of human rights,
a framework act on legal and judicial reform,
a new criminal code and code of criminal procedure,
a new civil code and code of civil procedure,
a new law on political parties,
tranformation of the role and functions of the Prosecutor's office.
Furthermore Ukraine should finalise the interrupted ratification process of the European Charter for Regional or Minority Languages and to ensure adequate protection for all minority groups in Ukraine.
The Assembly is concerned by murders of journalists, repeated aggression against and continuing intimidation of journalists, members of parliament and opposition politicians in Ukraine, and the frequent and serious abuses of power by the Ukrainian executive authorities in respect of freedom of expression and of assembly.
Therefore the Assembly urges the Ukrainian authorities, notably the President, to put an end to the practice of intimidation and repression of opposition politicians and the independent press, and to take all necessary measures to discourage and curb attacks and threats against journalists and other media representatives. Moreover, it repeats its call on the relevant Ukrainian authorities to improve the general framework in which the media operate, as it is set out in paragraph 5 of Resolution 1239 (2001):
speedy and transparent investigation into all cases of violence and death of journalists;
immediate abolishment of regulations and practices allowing out-of-court closure media outlets and termination of broadcasting;
adoption without any further delay of amendments to the legislation concerning fines or damages for libel and decriminalisation of libel;
amending the Law on the National Television and Broadcasting Council in line with the expertise provided by the Council of Europe;
creation of equal conditions for the functioning of all media, namely by amending the 1997 Act on Government Support for the Media and Social Protection of Journalists;
stopping practices of pressure on the media through the leverages of printing and distribution;
promotion of public service broadcasting;
ratifying the European Convention on Transfrontier Television.
The Assembly believes that only the respect of human rights, pluralist democracy and the rule of law, notably due legal procedures, genuine freedom of the press, of expression and of assembly without fear of reprisals - combined with a serious political dialogue - can help lead Ukraine out of the current political crisis. It calls on all parties involved in the crisis - political parties, parliamentary and extra-parliamentary opposition and President - to assume their responsibilities and to engage in a meaningful political dialogue without delay but in full respect of each other's democratic prerogatives.
The Assembly also expresses strong support for attempts to reform the political process and strengthen civil society, to establish a genuine separation of and balance between executive, legislative and judicial powers, as well as a truly open, honest and accountable system of government.
The Assembly regrets that hitherto its previous Resolutions, in particular Resolutions 1194 (1999) and 1239 (2001), have apparently not convinced the Ukrainian authorities of the need to take without delay a number of measures to meet Ukraine's obligations and commitments as a member State. In accordance with its Resolution 1194 (1999) the Assembly decides therefore to start the procedure to exclude Ukraine from membership of the Council of Europe.
The Assembly recommends to the Committee of Ministers:
to respect the position of the Parliamentary Assembly in respect of the honouring of the obligations and commitments by Ukraine;
to take the statutory steps to exclude Ukraine from membership of the Council of Europe;
to intensify the co-operation programmes of the Council of Europe for Ukraine and possibly to increase the Council of Europe's field presence in Ukraine, in order to help the country overcome the problems mentioned above, in particular as regards the freedom of expression and the media.
2001.04.25 | Broker
Îáãîâîðåííÿ Óêðà¿íñüêî¿ «ïðîáëåìè»
Ìîæíà ñëóõàòè Real Player-oìhttp://stars.coe.fr/index_e.htm
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Thursday 26 April 2001
10 a.m. 1. Honouring of obligations and commitments of Ukraine (Doc. 9030)
Co-Rapporteurs of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee): Mrs Hanne Severinsen (Denmark, LDR) and Mrs Renate Wohlwend (Liechtenstein, EPP/CD)
Debate and vote