Resolution of the Euronest Parliamentary Assembly on the Nadiya Savchenko case
Date: 2016-03-22
Institutions: Euronest Parliamentary Assembly
Subjects: Russia, Ukraine, arrest, illegal restraint, international human rights law, prisoner of war, right to justice








C_2016193EN.01002301.xml










31.5.2016   


EN


Official Journal of the European Union


C 193/23





RESOLUTION (1)

of the Euronest Parliamentary Assembly on the Nadiya Savchenko case
(2016/C 193/05)
THE EURONEST PARLIAMENTARY ASSEMBLY,






—


having regard to the European Parliament resolution of 30 April 2015 on the case of Nadiya Savchenko (2) and the European Parliament's other previous resolutions referring to Nadiya Savchenko,










—


having regard to the Euronest Parliamentary Assembly Resolution of 17 March 2015 on the Russian military aggression against Ukraine and the urgent need for a peaceful resolution of the conflict,










—


having regard to the statement by the President of the European Parliament, Martin Schulz, of 17 March 2016,










—


having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini, notably those of 7, 9 and 10 March 2016,










—


having regard to the ‘Package of measures for the implementation of the Minsk Agreements’ of 12 February 2015,










—


having regard to UN Security Council Resolution 2202 (2015) of 17 February 2015, which endorsed the Minsk Agreements,










—


having regard to the provisions of international humanitarian law, in particular the Third Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949,










—


having regard to Resolution 2034 (2015) of the Parliamentary Assembly of the Council of Europe (PACE),










A.


whereas Russia-led militants abducted Nadiya Savchenko, a Ukrainian military pilot, on the territory of Ukraine and illegally took her to Russia, where she was held as a ‘guest’ in a hotel and denied any contact with her family, and later groundlessly charged with murder by the local authorities;










B.


whereas Nadiya Savchenko is a distinguished soldier with the rank of lieutenant, who was the first woman to enter Ukraine's Air Force Academy and the only female soldier in the Iraq peacekeeping forces, and who volunteered to take part in the Anti-Terrorist Operation in the East of Ukraine;










C.


whereas Nadiya Savchenko has been elected a Member of the Verkhovna Rada of Ukraine and appointed as a representative of Ukraine to the Parliamentary Assembly of the Council of Europe (PACE) during her imprisonment; whereas PACE Resolution 2034 (2015) called for her immediate release and for her parliamentary immunity to be respected, including by the Russian Federation which is a member of the Council of Europe;










D.


whereas the Russian Federation has no right to detain, arrest, charge or try citizens of Ukraine for alleged crimes committed on the territory of Ukraine;










E.


whereas the state prosecution regularly changed its argumentation regarding the line of accusation and the final verdict was unexpectedly postponed twice;










F.


whereas despite Nadiya Savchenko's poor health, neither doctors nor her mother have been allowed to visit her; whereas doctors from Ukraine and Members of the Ukrainian Parliament have been faced with serious obstacles while attempting to cross the border;










G.


whereas Nadiya Savchenko was invited as a Guest of Honour to the Euronest PA Women's Forum;










1.


Condemns the Russian Federation for abducting and illegally transferring Nadiya Savchenko from the territory of Ukraine to Russia and keeping her in detention for nearly 2 years in prison;










2.


Demands that the Russian Federation immediately and unconditionally release Nadiya Savchenko;










3.


Calls upon the Russian Federation to fully comply with the Minsk Agreements; recalls that under the Minsk Agreements Russia has taken on an obligation to exchange all illegally detained persons; considers, therefore, that Russia has no legal basis or jurisdiction for taking legal action against a citizen of Ukraine, particularly in the case of Ms Savchenko, who was abducted and imprisoned under fabricated accusations of an alleged crime committed in Ukraine;










4.


Is of the opinion that Nadiya Savchenko's detention as a prisoner of war in a Russian prison is a violation of the Geneva Convention of 1949;










5.


Reminds Russia of its international obligation to respect the immunity of the Members of PACE;










6.


Recalls that the Russian Federation has full responsibility for the health and well-being of Nadiya Savchenko; urges the Russian authorities to allow Ukrainian doctors to visit her;










7.


Urges the Russian Federation to act according to its international obligations and release Nadiya Savchenko, Mr Sentsov, Mr Kolchenko and other Ukrainian citizens, and to immediately guarantee their safe return to Ukraine; urges the Russian judicial and law enforcement authorities to carry out their duties in the future in an impartial and independent manner;










8.


Urges the EU to draw up a list of individuals responsible for the illegal detention of Nadiya Savchenko who would be subject to EU restrictive measures;










9.


Instructs its Co-Presidents to forward this resolution to the President of the European Parliament, the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, and the governments and parliaments of the Member States and of the Eastern Partnership countries.






(1)  Adopted on 22 March 2016 in Brussels, Belgium.

(2)  Texts adopted, P8_TA(2015)0186.