'Now we will put things in order where we see fit': Russia threatens to withdraw from Council of Europe and OSCE

On March 10, the Russian Foreign Ministry published a message that could be regarded as a statement about the country's impending withdrawal from the Council of Europe. Experts believe that this has not yet been discussed, but Russian politicians are calling for it to be done immediately. with the BBC.

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The title of the message uses the expression “about the situation in the Council of Europe”, and there is no direct indication of withdrawal from the Council of Europe.

It says that the EU and NATO states, “abusing their absolute majority in the Committee of Ministers of the Council of Europe,” “continue the line of destruction” of the organization, and Russia “does not intend to put up with these subversive actions” and “will not participate in the transformation of NATO and obediently following them, the EU, the oldest European organization, will become another platform for incantations about Western superiority and narcissism.”

“Let them enjoy communicating with each other, without Russia,” the statement ends with these words.

Kremlin spokesman Dmitry Peskov was unable to clarify whether the Russian Foreign Ministry meant withdrawal from all Council of Europe institutions, including the European Court of Human Rights (ECHR). “After all, it’s not my job to comment on the statements of the Russian Foreign Ministry, you will agree,” he said.

“But, naturally, leaving the Council of Europe also means leaving all mechanisms,” Peskov added.

Russian politicians, meanwhile, are urging this to be done quickly.

On the subject: Negotiations between the Ministers of Foreign Affairs of Ukraine and Russia took place in Turkey: what was agreed

“I believe that it is necessary to stop working in the Council of Europe immediately, as well as to stop any payments to the organization,” Andrei Klishas, ​​head of the Federation Council Committee on Constitutional Legislation, expressed his opinion. As follows from his comments, he is not yet sure that Russia will leave the Council of Europe.

“Now we ourselves will restore order where we see fit. Please don’t get in the way of pugs,” wrote State Duma Vice Speaker Pyotr Tolstoy, who was not elected vice speaker of the Parliamentary Assembly of the Council of Europe at the end of January, in his telegram channel.

Now Russia’s right of representation in the Council of Europe (but not membership) has been suspended - a decision on this was made the day after the start of the Russian invasion of Ukraine.

What is the procedure

Withdrawal from the Council of Europe is governed by Article 7 of its statute, according to which the country must notify the Secretary General of the organization. Termination of membership occurs at the end of the financial year if the notification is made within the first nine months of the year, as explained by Deputy Speaker of the Federation Council Konstantin Kosachev.

According to human rights activist Pavel Chikov, “there is no talk of Russia leaving the Council of Europe yet,” and the Ministry of Foreign Affairs, Klishas and Kosachev are breaking up the wave after their powers in PACE structures were suspended.

“To leave the Council of Europe, we need a federal law denouncing the Convention for the Protection of Human Rights and Fundamental Freedoms,” he wrote in his Telegram channel. “After its adoption by the State Duma, approval by the Federation Council and signing by the president, the denunciation comes into force.”

In this case, according to the charter, the country will cease to be a member of the Council of Europe from January 1, 2023. “Such a procedure may be discussed on the sidelines, but has not been launched,” states Chikov. Previously, Russia could only be expelled by the Committee of Ministers of the Council of Europe.

If a note to the Secretary General is sent after October of this year, then membership will cease only from January 1, 2024, as noted by lawyer Galina Arapova (included in the register of media outlets acting as a foreign agent).

Will Russia return the death penalty?

Russia's withdrawal from the Council of Europe will not mean the return of the death penalty, Kosachev said.

“No, we have our own Constitution and our own Constitutional Court. Decisions on the death penalty are there first of all, and not only and not so much in our obligations to the Council of Europe,” he told Interfax.

Klishas clarified this issue, that the return of the death penalty is impossible without a decision of the Constitutional Court, on February 26, two days after the Russian invasion of Ukraine, when he commented on the words of Dmitry Medvedev, deputy chairman of the Russian Security Council.

On February 25, the Committee of Ministers of the Council of Europe, at the initiative of Ukraine and Poland, suspended Russia’s right of representation in the Council of Europe. Such a decision was made for the first time in the history of the organization. It came into force immediately due to Russia's armed attack on Ukraine. Medvedev called it “a good opportunity to restore a number of important institutions” “such as the death penalty for the most dangerous criminals.”

“The decision to withdraw from the Council of Europe does not in any way affect the topic of returning the death penalty in our country. This moratorium is of an indefinite nature, and it is not related to our stay in the Council of Europe,” Klishas now told TASS.

On May 16, 1996, President Boris Yeltsin issued a decree “On the gradual reduction of the use of the death penalty in connection with Russia’s entry into the Council of Europe.” From this moment on, a moratorium on the use of the death penalty came into force in the Russian Federation.

What about the ECtHR

The mechanism for withdrawing from the Council of Europe involves the simultaneous denunciation of the organization's charter and the European Convention on Human Rights, and Russia will be obliged to answer for human rights violations until the denunciation decision comes into force, as Kosachev said.

Klishas explained that Russians will lose the opportunity to apply to the ECtHR only after the completion of all procedures for withdrawing from the Council of Europe. Even after leaving the Council of Europe, citizens of Russia and other countries, as well as organizations whose rights have been violated by the actions of the Russian authorities, can apply to the ECHR for the protection of their rights if the violation occurred before the day of leaving the Council of Europe, Arapova notes.

“If Russia leaves the Council of Europe, and this is a certain procedure, then after its completion our citizens will not be able to appeal to the ECHR,” the human rights activist said.

If Russia is excluded from the Council of Europe, the ECHR will remain competent to consider complaints that have already been filed, writes Chikov. At the same time, he specified that there were about 15 such complaints in court.

Russia must comply with all decisions of the ECHR adopted after its withdrawal from the Council of Europe - otherwise the corresponding mechanism of the Committee of Ministers of the Council of Europe will be activated, the human rights activist noted. However, Russia’s implementation of decisions remains in question, Arapova is convinced.

She believes that Russia's exit from the Council of Europe is likely, “judging by the developing rhetoric and events.”

Were there such cases

Previously, only one state left the Council of Europe - Greece in 1969. The country did this during the period of power of the “black colonels”. But when the regime in the country changed, Greece returned to the organization.

Now Russia remains a member of the Council of Europe and a participant in the conventions of the Council of Europe. A judge elected to the ECHR from Russia remains a member of the court. The suspension is not a final measure, but a temporary one that leaves communication channels open, as stated in a press release from the organization.

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Russia’s membership in the Council of Europe has not been suspended - only representation, clarified the editor-in-chief of the information and analytical “Bulletin of the ECHR” Yuri Berestnev. This means that the Russian Ambassador will not sit on the Committee of Ministers of the Council of Europe, and the Russian delegation will not sit on PACE. The decision does not apply to other areas of activity in the organization.

“The Council of Europe could not help but react, but the suspension was the maximum it could do in order not to break off all relations, but to preserve the opportunity for dialogue, as well as a return to full interaction and cooperation,” Berestnev believes.

As ForumDaily wrote earlier:

• On the night of February 24 began full-scale war of Russia against Ukraine.
• In the light of these events in Russia and around the world, protests against the invasion of Ukraine
• US and UK imposed broad economic sanctions against Russia due to the invasion of Ukraine.
• February 25 President of Ukraine Vladimir Zelensky urged Russian President Vladimir Putin to sit down at the negotiating table. Putin's press secretary Dmitry Peskov said that Putin is ready to send a delegation to Minsk (Belarus) for negotiations with Kiev. He specified that the delegation will include representatives of the Ministry of Defense, the Ministry of Foreign Affairs and the presidential administration.
• In the USA there were large-scale rallies in support of Ukraine.
• Pope Francis visits the Russian Embassy February 25, to personally "express his concerns about the war" in Ukraine, which made an unprecedented deviation from diplomatic protocol.
• European Union, USA and UK imposed sanctions and froze the assets of Putin and Lavrov.
• The United States declared its readiness to start accept refugees from Ukraine.
• February 26, the world famous and one of the most popular groups of hackers Anonymous recorded a video message to Russian President Vladimir Putin. They promised to find all "skeletons in the closet" and "leave no stone unturned".
• As it became known, the Oscar-winning Hollywood actor Sean Penn is located in Ukraine and is making a documentary for Vice about events in the country.
• February 28 The world's largest aircraft An-225 was destroyed during the Russian invasion of Ukraine, it caused alarm and sadness among the aviation world, in which it occupies an almost cult status.
• On the same day, the United States and France called on their citizens immediately consider leaving Russia.
• From the very beginning of the invasion, many actions took place around the world in support of Ukraine. How it was in the USA, see our material.
• On March 1, the United States asked 12 Russian diplomats from the United Nations leave the US accusing them of "espionage activities" as Russia continues its advance into Ukraine.
• March 2 Russian businessman Alex Konanykhin offered a $1 million reward for dead or alive Putin.
• Airbus and Boeing refused to work with Russia, which endangers almost the entire civil aviation of the country.
• March 3 CEO and founder of the Russian TV channel "Rain" announced the suspension of the channel. This is due to the Russian invasion of Ukraine.
• Which of the Hollywood stars supported Ukraine, and who was on the side of Russia, read here.
• What Russians living in Ukraine say about the war, you can find out in our material.
• Which companies left Russia and how it hit the economy, read on link.
• Where citizens of Ukraine can receive special services in Poland - by link.
• The US State Department has warned citizens of Ukraine that the US Mission in Ukraine does not currently offer visa services. That's it services provided in Germany.
• Meanwhile, the killers tried to kill the President of Ukraine Vladimir Zelensky at least three times since Russia invaded his country on February 24.
• In Russia, the situation with free media is becoming more and more difficult. Even relatives of Ukrainians from Russia do not believe in shelling of Ukraine.
• Russian diplomats announced persona non grata, left the US, and the Russian airlines stop international flights.
• Meanwhile at the International Court of Justice in The Hague consideration of the lawsuit of Ukraine against Russia began. The subject of the lawsuit is allegations of genocide.
• Russia began active preparations for shutdown from the global internet.
• Thousands of Ukrainians leave the country: 11-year-old boy from Zaporozhye made it to the border with Slovakia and crossed it on foot.
• U.S. backs Ukraine – government officials and ordinary Americans alike: 20 workers in West Coast ports refuse tohandle Russian cargo. President of Ukraine Volodymyr Zelensky was awarded a medal Liberty Ronald Reagan.
• In the meantime, the sanctions are taking effect: Russia is rapidly rising in price or disappearing from the sale of drugs and medical equipment manufactured by countries that have imposed sanctions on the Russian Federation because of the war in Ukraine.

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